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HomeMy WebLinkAboutC-1322 - Police helicopter maintenance & inspectionAGREEMENT (Lease Purchase of Police Helicopter, First Municipal Leasing Corporation) THIS AGREEMENT, dated day of yC.o.�ie.,,y�Qj..2A , 19-7 , by and between the City of Newport Beach, a municipal corporationa herein- after referred to as "City" and First Municipal Leasing Corporation, a District of Columbia corporation, hereinafter referred to as "FMLC "; W I T N E S S E T H WHEREAS, City desires to acquire the Aircraft (as hereinafter defined) from FMLC, and FMLC desires to provide the Aircraft to City, pursuant to the terms and conditions and for the purposes set forth in this Agreement; and WHEREAS, the City Council of the City of Newport Beach has author- ized City to enter into this Agreement for the purposes set forth herein, NOW, THEREFORE, for and in ponsideration of the premises hereinafter contained, the parties hereto agree as follows: SECTION I DEFINITIONS "Aircraft" means the helicopter described in Exhibit A attached hereto and by this reference made part hereof. "Base Payment" means each of the four (4) equal payments of Twenty - Eight Thousand Four Hundred Eighty -Eight Dollars ($28,488.00). "Delivery Date" means the date upon which City accepts the Aircraft, which shall be subsequent to the testing periods for each of the police officer- pilots, the number of such pilots having been agreed upon by FMLC and the Newport Beach Police Department, and shall occur when City, through its City Manager, then signs a Certificate of Inspection and Acceptance, Exhibit D herein. SECTION II COVENANTS OF THE CITY The City represents, covenants and warrants that it is a public body corporate and politic and is authorized by its City Council pursuant to Resolution No. 9572 adopted June 11, 1979, to enter into the trans- actions contemplated by this Agreement and to carry out its obligations hereunder. SECTION III SALE AND PURCHASE OF AIRCRAFT By bill of sale, title to the Aircraft will be conveyed at the time of delivery to the city for and in consideration of the payments and upon and subject to the terms and conditions as herein set forth. Purchase price shall be One Hundred Thirteen Thousand Nine Hunderd Fifty -Two Dollars ($113,952.00). The City has appropriated and encumbered funds in the amount of One Hundred Thirteen Thousand Nine Hundred Fifty - Two Dollars ($113,952.00) which is the agreed purchase price, for the acquisition of said Aircraft, which the City intends to pay in four (4) equal installments of Twenty -Eight Thousand Four Hundred Eighty -Eight Dollars (28,488.00); first payment to be made thirty (30) days following delivery; each subsequent payment to be made on an annual basis one (1) year from the date of last payment, as more specifically set forth on Exhibit B attached hereto and made a part hereof. SECTION IV SECURITY INTEREST To secure payment of the Base Payments, and to secure the performance and observance by the City of all the covenants expressed herein, City does hereby assign, grant, bargain and convey a security interest in the Aircraft to FMLC, or its successors and assigns for the term of this Agreement until full payment is made, or until City exercises its option to accelerate payment of purchase price. SECTION V AGREEMENT TERM The Agreement term shall commence as of the date of acceptance of the Aircraft. The original term will terminate on , 19 . The Agreement term may be continued solely at the option of City for subsequent one (1) year periods, totalling three(3), upon delivery by City of written notice not less than thirty (30) days prior to end of the existing term. If all periods are exercised, Agreement term shall be four (4) years. SECTION VI BASE PAYMENTS City, in its sole discretion, may accelerate any or all payments at any time, and if paid in full, City shall be the owner of Aircraft from the time of its payments to FMLC. In the event that City exercises its option to accelerate all of the payments herein, such payment shall be as per Exhibit B Option To Purchase Value. Each base payment hereunder shall be paid in lawful money of the United States of America to FMLC. If any dispute arises between City and FNLC, City shall make all payments as said payments fall due to a Trust Account which shall be set up for such specific purpose, and over which City shall have all right of control. Subject to the aforementioned exceptions and subject to Section XVII as hereinafter set forth, the base payments shall be absolute when due. The base payments shall be payable solely out of funds allocated pursuant to valid City Council resolution for the specific purpose of meeting obligations created by this Contract. If the City is not allotted funds for the next renewal term to con- tinue the leasing of the Aircraft, and it has no funds for such leasing from other sources, the City may terminate this Agreement at the end of the original term, and City shall not, in this sole event, be obligated to make payment of any concluding payment required at the end of such original term or renewal term. FMLC shall have, in the event of such termination, all rights and remedies to take possession of the Aircraft. SECTION VII MAINTENANCE AND ALTERATIONS City shall, at its own expense, at all times during the Agreement term of the Aircraft, maintain the Aircraft and keep the Aircraft currently certified and completely airworthy, and shall keep the Aircraft in good and safe operating order, repair and condition in accordance with the requirements of the Federal Aviation Authority ( "FAA ") and the Civil Aeronautics Board ( "CAB "). City, at its own expense, shall also pay for all fuel, service, inspections, overhauls, replacements, substitutions, improvements, storing, hangaring, maintenance and directives respecting the Aircraft; and will permit all maintenance and repair work to be per- formed only at service facilities and by persons duly licensed by the FAA. City will maintain the Aircraft in accordance with the manufacturer's operating, inspection and maintenance manuals. City shall maintain all records pertaining to the Aircraft during the Agreement term hereof in accordance with all of the rules and reg- ulations of the FAA and CAB applicable to the Aircraft. Such records shall be made available for inspection by FMLC, upon reasonable notice at Tallmantz Aviation, Newport Beach, California. City, at its sole expense, may alter, modify, make additional and improvement to the Aircraft provided (a) any such alterations, mod- ifications, addition or improvement has been approved by the manufac- turers of the Aricraft, (b) the City receives prior written approval of FMLC (which shall not be unreasonably withheld), and (c) no such altera- tion, modification, addition or improvement eliminates any of the multi- use capabilities, unreasonably reduces the value or utility, or unreason- ably impairs the warranty, airworthiness, certification, safety of performance of the Aircraft. , SECTION VIII FEES, TAXES, CERTIFICATES, PERMITS, AND LICENSES City agrees, at its sole expense, to procure and maintain in effect all licenses, certificates and permits required under applicable law in connection with the possession, use and operation of the Aircraft. City further agrees to pay promptly when due fees, assessments and other taxes (hereinafter collectively called "impositions "), which may be levied against Aircraft for which City is specifically liable. Any such impositions and any penalties or interest thereon shall be paid by City, or if FMLC is required to collect any payment thereof, City shall upon demand by FMLC reimburse FMLC within a reasonable time for such sums, but not for any expenses incurred therein, and any such payment made by FMLC for City shall not relieve City from its obligation to pay all such impositions as provided hereunder. FMLC agrees that if, in the opinion of independent counsel selected by City and acceptable to FMLC (and whose fees and expenses shall be paid by FMLC), a bona fide claim exists to all or a portion of any such imposition in respect to which City has made payment to FMLC as aforesaid, FMLC shall, upon request and at the expense of City, take all such legal or other appropriate action deemed reasonable by such independent counsel in order to sustain such claim. City shall be entitled to the proceeds of the successful prosecution of any such claim. SECTION IX INSURANCE AND PILOTS All public liability and property damage insurance policies which may be required hereunder shall name City as the primary insured and shall name FMLC as the owner and as an additional insured. All insurance policies shall include endorsements provided for (a) not less than thirty (30) days prior written notice to FMLC before any alterations or cancellation thereof, (b) geographic limits acceptable to FMLC and (c) payment for all losses in United States dollars. The parties agree that City shall carry a strict liability insurance policy which adequately protects FMLC's interest in the Aircraft. The insurance policy or policies evidencing coverage against loss or damage to Aircraft shall provide that proceeds payable by such insurer Pursuant thereto shall be payable solely to City; except that proceeds may be payable to FMLC if, and only if, FMLC procures a default re- cognized by incorporated in a court order, and FMLC thereafter provides a copy of said court order to insurer. City shall make good faith efforts to insure that parties with whom City has contracts related to the care and service of the Aircraft carry Workers Compensation Insurance. City's duly in this regard shall be deemed to be discharged by requiring other contracting parties to carry said coverage as a term of the contract between such other parties and City. The Aircraft shall be operated (a) only by duly licensed pilot operators currently certified as qualified to operate the Aircraft in compliance with the laws of the United States or any other state or local government authority, domestic or foreign, having jurisdiction therefor, and (b) in accordance with the provisions of the insurance policy or policies issued in connection herewith. SECTION X USE AND OPERATION Unless otherwise agreed in writing, City shall not use the Aircraft in Air Taxi or FAA Part 121 operations and City agrees to use the Air- craft only for the purpose and in the manner set forth in the application for insurance executed in connection herewith, and in accordance with the terms, conditions and provisions of each insurance policy providing the coverage required hereunder. City will make all reasonable attempts to abide by and conform to, and will make all reasonable attempts to cause others subject to City's direct and substantial control to abide by and conform to all laws and regulations controlling or affecting the possession, maintenance, operation and use, or the use of any premises or facilities by the Aircraft for which City has the direct and primary responsibility. City will not conduct its Aircraft operations in a negli- gent manner so as to void or adversely affect any insurance covering the Aircraft. City agrees to use reasonable care when contracting with other.to provide Aircraft services. By so doing, as to those things contracted for, City shall be deemed to have complied with its afore- mentioned duties. SECTION XI LIENS City shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Aircraft, except with respect to the respective rights of FMLC and the City as herein provided. City shall promptly at its own expense, take such action as may be necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance or claim not excepted above if the same shall arise at any time. SECTION. XII DAMAGE OR DESTRUCTION OF AIRCRAFT City shall bear the risk of loss to the Aircraft, except in the case where Aircraft or its equipment is damaged, stolen or destroyed while under the control or during the attempt to take control by FMLC without right. City assumes the duty to repair the Aircraft in event of partial damage so as to restore the Aircraft to a safe and airworthy condition. City reserves the right to elect whether repair is warranted. FMLC shall lose none of its rights to payments when due by 'exercise of said election. It is understood and agreed by and between FMLC and City that repairable damages suffered by the Aircraft and repaired pursuant to the provisions of the preceding paragraph can adversely affect the market- ability and the value of the Aircraft and the City agrees to compensate FMLC for such loss in value, if any. In the event of total destruction or loss, City will continue to meet its monetary obligations herein until terminated. To the extent that any such loss, damage or taking is covered by insurance, all proceeds of such insurance shall be first applied by City toward satisfaction of the payment required to be made to FMLC or its. assignee pursuant to this Section. City shall become entitled to all remaining proceeds, including all right and title to their use. SECTION XIII TITLE TO AIRCRAFT Title to the 'Aircraft and any and all additions, repairs, replace- ments or modifications thereto shall be in City and FMLC shall have no right, title or interest therein or thereto except as expressly set forth in this Agreement. SECTION XIV ENJOYMENT OF AIRCRAFT FMLC hereby covenants to provide City during the Agreement term with quiet use.and enjoyment of the Aircraft, and City shall during the Agreement term peaceably and quietly have and hold and enjoy the Aircraft, without suit, trouble or hindrance from FMLC, except as expressly set forth in this Agreement. Any assignee of FMLC shall not interfere with such quiet use and enjoyment during the Agreement term so long as the City is not in default pursuant to this Agreement. FMLC shall specifically require in writing that any assignee or remote assignee have as a term of such assignment contract or contracts that said assignee or remote assignees acknowledge, accept and ratify this Agreement as if set out in full, and as if City and said assignee or remote assignees were original parties to this Agreement. SECTION XV FMLC'S RIGHT TO .PERFORM FOR MUNICIPALITY If City fails to make any payments or fails to perform or comply with any of its covenants or obligations herein contained, FMLC may at its election make such payment or perform such covenant or comply with such obligation. FMLC shall be entitled to reimbursement by City for all expenditures incurred in connection therewith, together with interest thereon at the rate of nine percent (9%) per annum. SECTION XVI EVENTS OF DEFAULT City shall be deemed to be in default hereunder upon the happening of any of the following events of default: (a) City shall fail to make any payment when due, or (b) City shall fail to substantially comply with any such other term, covenant or condition contained herein. SECTION XVII DISCLAIMER OF WARRANTIES FMLC makes no warranty or.representation, either express or implied as to the airworthiness, value, design, condition, operation, merchant- ability or fitness for use of the Aircraft or any other representation or warranty with respect to the Aircraft. The City acknowledges that the Aircraft has been purchased . in accordance with the City specifications and that FMLC is not a manufacturer of or dealer in such Aircraft, and that FMLC has made no representation or warranty and assumes no obligation with respect to the merchantability, condition, quality or fitness of the Aircraft or the enforcement of the manufacturer's warranties or guaranties. The parties acknowledge that all representations and warran- ties relating to the Aircraft are being given directly by the manufacturer of the Aircraft to City. In no event shall FMLC be liable for incidental, indirect, special or consequential damages in connection with or arising out of this Agreement or the existence, furnishing, functioning or the City's use of any item or products of services provided for in this Agreement. The City shall not be relieved of its obligation to make Base Payments or to perform any obligation hereunder by reason of any defect in or unfitness of the Aircraft. SECTION XVIII REMEDIES ON DEFAULT Any default must be judicially declared. City shall remedy any such default within thirty (30) days. If not so remedied, FMLC, upon notice, may take possession of an repossess the Aircraft and sell or lease the Aircraft for the account of City, subject to City's right to match such sale or lease price, holding City liable for the difference in the purchase price, rental and other amounts paid by the purchaser or lessee pursuant to such sale or lease and the amounts payable by the City hereunder. SECTION XIX RETURN OF AIRCRAFT In the event FMLC, upon the occurrence of any event of default, exercises its option to reobtain possession of the Aircraft as provided in Section XVIII hereof, City shall have no duty to deliver the Aircraft to FMLC. City's sole duty is to yield possession of the Aircraft. SECTION XX The City shall indemnify, protect, hold harmless, save and keep harmless FMLC, its agents, officers, employees and assigns from and against any and all liability, obligations, losses, claims and damages whatsoever, regardless of the cause thereof, and expenses in connection therewith, including, without limiting, counsel fees and expenses, penalties and interest arising out of or as the result of the entering into of this Agreement, the ownership of the Aircraft, the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of the Aircraft or any accident in connection with the operation, use, condition, possession, storage or return of the Aircraft resulting in damage to property or injury to or death to any person. The indemnification arising under this paragraph shall continued in full force and effect notwithstanding the full payment of all obligations under this Agreement or the termination of the Agreement Term. The City agrees not to withhold or abate any portion of the payments required pursuant to this Agreement by reason of any defects, malfunctions, breakdowns or infirmities of the Aircraft. SECTION XXI ACCEPTANCE OF AIRCRAFT Upon the execution of the Certificate of Inspection and Acceptance attached hereto as Exhibit D by the City, it shall be conclusively pre- sumed and determined that the City is satisfied with and has accepted the Aircraft as being in good condition and repair. FMLC shall have the right at all reasonable times during business hours to enter into and upon the premises wherein the Aircraft may be located for the purpose of inspecting the same or observing its use. I E SECTION XXII AMENDMENT AND ASSIGNMENT This Agreement may be amended or any of its terms modified, with the written consent of City and FMLC. City covenants that it will not assign or sublet this Agreement or the Aircraft, or any interest in either, except with the prior wr;tten consent of FMLC; provided, however, that City shall not be liable; found to be in default, or suffer penalties as a result of City's failure to secure such consent. SECTION XXIII NOTICES All notices to be given under this Agreement shall be made in writing and mailed to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received three (3) days subsequent to mailing. SECTION XXIV WAIVER The waiver by FMLC of any breach by City, or waiver by City of any breach by FMLC, of any term, covenant or condition hereof shall not op- erate as a waiver of any subsequent breach of the same of any other term, covenant or condition hereof. SECTION XXV GOVERNING LAW This Agreement shall be governed exclusively by the provisions hereof and by the laws of the State of California as the same may from time to time exist. SECTION XXVI MISCELLANEOUS This Agreement, together with the exhibits hereto, constitutes the entire agreement between the parties, and this Agreement shall not be modified, amended, altered or changed except in writing as herein provided. Any provision of this Agreement found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this Agreement. Subject to the specific provisions of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. IN WITNESS WHEREOF, the City and FMLC have caused this Agreement to be executed by their respective officers hereunto duly authorized, all as of the day and year first above written. CITY OF NEWPORT BEACH A Municipal Corporation r Attest: i City Clerk FIRST MUNICIPAL LEASING CORPORATION A District of Columbia Corporation " Jack TerBorg, Attest: ✓ Maureen A. Hawkinson, Secretary FIRST MUNIfIlP.RL• LEASING GORRORRTION ANNUAL LEASE PAYMENT SCHEDULE THE LESSEE IS CITY OF NEWRORT BEAGH.. GAL•IF.:. THE ORIGINAL LEASE VALUE PAYMENT. BASE NUMBER RA` MENT ORIGINAL TERN ............... 4tGONGL• UD ING PAYMENT. $75.055:.55 FIRST RENEWAL TERM '2 %2S-48846G *CONCLUDING *CONCLUDING F'HY.NENT 152!.5. 7.:.00 SECOND RENEWAL TERN PAYMENT $270a2�.76 !GOPIGL��IfING THIRD RENEWAL TERN ............... 4 $28..45 ?.•.91 +keaNSLUDING P.AYNENT ANT. CREDITED ANT CREDITED TO TO INTEREST ORIGINAL LEASE VALUE %5�-F@2412 $22s705408 $3-.61@408 $25x.4 ?7483 .............. $47..130400 0 c WRIVED IN ACCORDANCE WITH SECTION V IF LEASE TERN IS CONTINUED T.4E LESSEE HEREB`i. APPRO'•,'E�' PAYMENT. AMOUNTS AS SET FORTH ABOVE CITY. OF NSWRORT. BEAG'H.. CALIF. ;... LESSEE BY INSURANCE BROKERS SINCE Sgls CASS & 1OHANSING 24102 El Toro Road, Suite C, Laguna Hills, California 92653 CABLE ADD ... E' �CAHANEING" TELEPHONE B)'J -SBOO AREA CODE 714 September 30, 1975 City of Newport Beach 3300 Newport Newport Beach, California Attention City Clerk Re: Tallmantz Aviation Lloyd's Policy 533 Gentlemen: We enclose Certificate of Insurance on the captioned policy which replaces Certificate of Insurance under Lloyd's policy 491 which you presently have. If you have any questions, please call. Very truly yours, CASS & JGOHANSING ack S. Reynolds JSR:bh Enc. on Main Office: igto Sunset Boulevard, Los Angeles, California goo26 f CERTI'MATE OF INSURANCE TO Name: — City of Ne rt Beach 3300 Newpo`` Address: N wpnr R a h rAl i forni a ,,..Atyt}�ntion: City Clerk W.Wrt 1j, that insurance has been effected with Underwriters at Lloyds- of Lond nd panie Covering as follows: Phan Name of Insured:Tallmantz Aviation,'Tnc., and /or International Flight & Spa Address of InsuredMuseum and /or Movieland of the Air and /or Frank G. Tallman III. Orange County Airport, Santa Ana, California Certificate or Cover Note No.: 533 Expiration Date::. August 2,0, 1976 Aircraft: Not Applicable Orange County Airport, Santa Ana, California and any locat Locations Covered:incidental to the Assured's operations Aircraft Liability Coverage Limits of Liability Each Person Each Occurrence Bodily Injury — Excluding Passengers $ $ Property Damage $ XXXX $ Passenger Bodily Injury $ $ Single Limit — eluding Passengers $ XXXX $ Medical Payments — eluding Crew $ $ Airport Liability Coverage Bodily Injury $ $ Property Damage $ See Attached $ Single Limit $ XXXX $ Aircraft Hull Amount of Insurance Ground Only $ Ground & Flight $ 30 Southeastern Aviation (California), Inc. has made provision for Rio Ten Day notice to you in the event of cancella- tion of the above described policies but, except as otherwise stated in this certificate, Southeastern Aviation (California), Inc. assumes no legal responsibility for any failure to do so. Southeastern Aviation (California), Inc. are not insurers hereunder and they shall not be held liable for any loss or damage. For particulars concerning the limitations, conditions and terms of the coverage you are referred to the original Policy or Policies in the possession of the Assured. SOUTHEASTERN AVIATION (CALIFORNIA), INC. ~��.�� (SPECIAL CONDITIONS, if any, on reverse) Countersigned by'AeAC�A 9/25/75 /gy The amount of Indemnity shall not exceed: SUM INSURED Section I Bodily Injury and Property Damage Combined Contractual Liability Bodily Injury Property Damage Section II = $1, 000, 000, any one occurrence $ 500, 000, any one person $1, 000, 000, any one person /accident/ occurrence $ 500,000, any one accident /occurrence $1, 000, 000, any one aircraft $,000,000, any one accident /occurrence Excess $ 250. each and every loss * Including In Flight Hangarkeepers Ssttion III Bodily Injury and Property Damage $ 5, 000, 000, any one occurrence Combined 4,4 W. < ERMICATE OF INSURANCE aT Ono TO City of NeyLp 3300 Newport Address: Beach. eacli.C-allfornia 1 7 C' Clerk _.Attention: City is to &M-41, that insurance has been effected with Underwriters at Lloyds London and/or. Certain British Insurance Companies W Covering as follows: Tallmantz Aviation, Inc. and /or International Flight and Space Mus eu Name of Insured: and/or Movieland of the Air and/or Frank G. Tallman III. Address of insured: Ora . nge County Airport, Sarta Ana, California ,Certificate or Cover Note No..- 451 Expiration on Date: June 1,. 1975 Aircr t 'u ; Not A�pplicable range' dthfy Airport ", fta Ana" Cahfornia-4nd any location Locations Covered: incidental to the 2sured operations Aircraft. LiabibMCovejagey.- Ljmits of Liability Each Person Each Occurrence Bodily injury — Excluding passengers $ :$ 77 7 Property Damage XXXX $ � Passengef 136dily Injury : Single Limit — — eluding Passengers XXXX Medical- Payments — — eluding Crew J 'ol Airport Liability Coverage Bodily. Injury. $ See Reverse $ Property Damage S mit $' XXXX in L A— Aircraft HdIf Amount of InsuiranCe- - Ground Only $ — Ground & Flight $ SouthqysteFn Aviation (California), Inc. has made provision for 00) Tali Day notice to,vu in thi everri of cancella- tion of the above described policies but, except as othervivith itaied in this- certif icdte , Southeastern Aviation (California), Inc aasumei �oskil responsibility for any failure to do so. Southeastern Aviation (California), Inc.are not insurers hereunder and they shall not be held liable for any loss I I- -;' - .4 .. , :i.;;, . -:"i� ".'- - '- -- --G or damage. For particulars concerning the limitations, conditions and -ter rmbf 4he coverai;6wO-u :ire referred to -the, offgKaf Policy br.Policies�Wthe possession of the Assured. SOUTHEASTERN AVIATION (CALIFORNIA), INC. (SPECIAL CONDITIONS, if an on reverse} Countersi'llned by W. Limits of Liability under Certificate # 451xl y Premises r ,: ;, •. €; Bddi '1rY ixry ° $ 50b' 000. any one person { ,. 1, tfP� ` 2040: any one accident /occ`iirre4ice r .: Property Damage $ z,000. any one accident /occurrence - "'Contractual L`f�'biiity ' - $od��Y. injury ''I `' c .. .., , $t 500, OO�, rY oxe pof so#� 11.11 any one person /accident /occurrence`!. Property Damage $ 500', 000, any one accident /occurrence 3iangarkeepers _.. $ 140,'bbU} any one aircraft $ 200 0R0: "any one acCident(oecurrence $ 25Q...each and every loss .Deductible Products, Bodi>lr'Tnjury '` $ 100', 000, any person; $ 300, 004:' 'any one accident /occurrence i Vrop •qty Damage $ 100, 000. ,,any one accident and in aggregate As respects operations of -the Named Ins,ured.it,j*,3 agreed -to incjgde ";the City o£:Neiq?bft. Beach, as an additional Insured and �lpld: drxnles i r In the event of Cancellation byi7nde_rwriters a thirty`(3fY }.day WiAtten notice ;i will be given to`the''City "of Newpomt Beach.. ! , F1, 1i f Vs _ '. �:. r w �a. k.. ,a � i� + �_ ::3_.$ • is I .. r . �� ,' s� .. � AIL 41E RTIFICTE OF DNS RA__NCE -- J(,:,, 7 - - -- -- ?' OF 33DO Newport Address: .., Ngy pr achrCa ifnrnia •� " _�_.� On4pn an City.Clr j� h ItredYance. has'b b een effected with than . Companies Covering as foWws: ' Tallmantz Aviation, Inc, and /or International Flight and Space Museu Name of Insured: and /or Movieland of the Air and /or Frank G. Tallman III. Address of Insured: Orange County Airport, Sarta Ana, California . Certificate or Cover Note No.: 451 Expiratjon,D31�. ;,, JgzWJ, 97 Aircraft neuF ,Not p� able Locations Covered: Orange County Airport, Santa Ana, California and any location inC;Beatnt to the Ass+rreil a nprrnt+ona Aircraft Liability Coverage ,� ` -' -;:' Lt'fttiits,of Liability' bei eF: <:. :G j :Each Person 3 •• s :.:.;Each Occurrence %T: Bodily Injury — Excluding Passengers $ $ Property.pamage -, ;: <;:> $ XXX :n $ r ; Passenger Bodily Injury $ $ Single Limit ,, -- eluding Passengers 13 XXXX $ ` Medical Payments - eluding Crew Airport Liability Coverage Bodily'1n1uty 1 ; ;, $Sea Property Damage $ ; 4 i' , 7 o Single LtmiY;,. X Aircraft Hull Amount of Insurance Grp, d O.1 $ Groufid & -Plight' ' Soutjleasteln A06tiar>"1California), Inc. has made provision far,410J Tgn Qw;potice:tQ,YA irt,the event of cancella- tion-of, tbe.aboveL,.descri4ed policies but, except as otherwise stated in this certificate, Southeastern Aviation (Callfo`rni91, Inc. assume§ no legif.'responsibility for any failure to do so. _ . Southeastern Aviation. (California), Inc. are not insurers hereunder and they shall not be held liable for any loss or dairid6e. For particulars., concerning the limitations, conditionsand tterrlts b�f �fhe coverageyou are referred to the original Polity or tfolicies'il1'-the possession of the Assured. SOUTHEASTERN AVIATION (CALIFORNIA), INC. n(r ISPECIA(- CONDITIONS if any, on reverse) Countersigned by ""+/ -✓� '��•Lnl �� li /tf .. .,. .. ._ _. ..' ...... -fie -. , ... Limits of Liability' under Certificate # 451` �f,•• P.r emisea t 500 000 any one persont r Damage $1; OOtl, d00 any one accident /occurrence 2`50 000 one accident /occurrence 4; h . � 'e any _ ontzactual.I >ki, I I:' Bodily Inlury.4,n r r.. $ :- ,::$51O0OQQ ,aUy'one pe.rsoi; r i 4 ...... -_ , _: _. $1, 4btY; "0 anyone per sorr/atetd#nt /occurrence' tf Psopey'.)7,i}iage - $ 501�y 000 any one accident / occurrence'. an&H�1 •v.t" t y ) 'A. ^; .; .:. � ._._. 100, ow.- any one aiecraft fj.94i: $ 200.1 000. anyone accident /occurrence deductible $ 250 .each-aad every loss. 1 Products r: 1, aeduy Injury. Y $ 100 , 000.. any one person �! . 300.' 0�0:`an one. accident /occurrence }; Pr"arky ,Pamage. $ 100„ 000,: any one accident and in aggregate 't 4 Irn, As raspecta operations of the —' Insured it is agreed to i,*ude the Cit�r iM6f WWfOdrteDeach as an additional Insured and Hoid =Harmless. In the event o£ Gauge lation by Underwriters a thirty (30) day written notice };3; s t ;zc , y,vnll be, ,given .tq the City,Qf Newport Beach. '; { 2J �In i i' .ru _7. F f' _ At 4 19 4 tl', I I CERTIFICATE OF. INSURANCE f Name City of Newport Beach 3300 Newport Address: Newport Beach California (�Attn- City Clerk that insurance h&_ -l6een effected with. Underwriters at Lloyds London and /or certain British Insurance Companies tirport Liability Coverage • SodtCy Injury $See Reverse $ Property Damage $ $ ;Sin le Limit ^$ XXXx.,,.. Aircraft Hull Amount of, - ltigurate Ground-Only $ Ground & Flight $`;' Soul heasternAviation .tCalifornia),lnc.,,bas tnadg' provision: for: (i0l Ten 0aygtotiee,toyrouhy,tfte �tofcancella- tion of the above described policies qut; exc ?pt..as.otherwise. state in z is ceT iqate,,S94theastern Aviation (California)„ Inc, assumes no legal respol5sibiYty forti'ehy failure to do so iSouthegtern Aviati9n,lCali #omia), Inc. are not insurers hereunder and they shall not be held liable for any loss ' -or damage. .. ._ :.. . For.particplars concerning the limitations, conditions and terms of the coverage you are referred to the original rPoYcy` WPoReies lrt the possession of tKe Assur'ed.'- -� �.. I � • . 't ::'� L '- 'SOUTH EASrF ,f;N;AVI4R70N'(CAL41FORNIAI, INC. i 1 Countersigned by Covering as follows: Name of Insured: Tallmantz'Aviatio4.Inc400 ated and/or F: G. Tallmantz III - Address of Insured: Orange County Airport, Santa Ana, California Certificate or Cover Note No.: 322 Expiration Date: June 1, 1974 Aircraft: Not Applicable. Orange County Airport, Santa Ana, California and any location . Locations Covered:,- incldental`to the Ass' ie'd's operations Aircraft Liability Coverage '. ' ._' Limits o;£:Lihbilky V Each Person Each Occurrence Bodily .liyury-- _Exuluding:Passengl�rS. y Property D ., ,. _. Passenger Bodily Injury $ $ Single Limit — eluding Passengers $ XXXX ' Iviedical Payments - eluding Crew $ $ Jl \ tirport Liability Coverage • SodtCy Injury $See Reverse $ Property Damage $ $ ;Sin le Limit ^$ XXXx.,,.. Aircraft Hull Amount of, - ltigurate Ground-Only $ Ground & Flight $`;' Soul heasternAviation .tCalifornia),lnc.,,bas tnadg' provision: for: (i0l Ten 0aygtotiee,toyrouhy,tfte �tofcancella- tion of the above described policies qut; exc ?pt..as.otherwise. state in z is ceT iqate,,S94theastern Aviation (California)„ Inc, assumes no legal respol5sibiYty forti'ehy failure to do so iSouthegtern Aviati9n,lCali #omia), Inc. are not insurers hereunder and they shall not be held liable for any loss ' -or damage. .. ._ :.. . For.particplars concerning the limitations, conditions and terms of the coverage you are referred to the original rPoYcy` WPoReies lrt the possession of tKe Assur'ed.'- -� �.. I � • . 't ::'� L '- 'SOUTH EASrF ,f;N;AVI4R70N'(CAL41FORNIAI, INC. i 1 Countersigned by INSURANCE BROKERS SINCE 1915 CASS & JOHANSING 23521 Paseo de Valencia, Suite 101, Laguna Hills, California 92653 CA84E ADDRESS ­ CAHANWIEG TELEPHONE 857-2800 AREA CODE 714 August 10, 1972 City Of Newport Beach 3300 Newport Newport Beach, California ATT: City Clerk Re: .Helicopter Maintenance Agreement Gentlemen: In accordance with your Helicopter Maintenance Agreement with Tallmantz Aviation, Inc., we are enclosing certified copy of Tallmantz's Airport Liability insurance written in Lloyds Certificate #12162. .f The coverage has been extended per endorsement #7, nto comply with the insurance requirements as set forth in the agreement. We trust that you will find the above in order; how- ever, if there are any questions please do not hesitate to contact us. Very truly yours, CA & JOHANSING Ja k S. Reynolds JSR /bh encls. cc to: Tallmantz Aviation Main Office! 3910 Sunset Boulevard, Los Angeles, California 9oo26 �r, n 3M CERTIFICATE No. 12162 EFFECTED WITH .w ompaniet PREVIOUS NO. I1757 cured insurance as hereinafter specified from certain Insurance Companies, (hereinafter called the "Underwriters ") through our brokers in London, England. Amount $ As per form Rate -- Premium $ 2,500.0 3% State Tax Policy Charge 5 /10%Stamping Fee 12.50 In Consideration of the Stipulations herein named Does Insure Tallmantz Aviation Inc. and /or Frank G. Tallman III Whose address is Orange County Airport, Santa Ana, California From June 1, 1972- 12:Ola.m. Ito June I, 1973- 12:Ola.m. AAxn= Standard Time at place of issuance. Hereon:% of the amount and premium stated herein. It is understood and agreed that this Certificate shall run concurrently with and be subject to the same gross rate, terms and conditions and endorsements as more particularly set forth in and /or as may from time to time be added to Certificate No. 121 6 2 issued by Lloyd's Underwriters on the identical subject matter and risk. This Certificate is made and accepted subject to the foregoing stipulations and conditions, and to the conditions printed on the back hereof, which are specially referred to and made a part of this Certificate, together with such other provisions, agreements or conditions as may be en- dorsed hereon or added hereto; and no office, agent or other representative of the Undersigned shall have power to waive or be deemed to have waived any provision or condition of this Certifi- cate unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting this Certificate exist or be claimed by the Assured unless so written or attached. This document in intended for use as evidence that insurance described herein has been effect- ed against which a policy(ies) will be issued and that in the event of any inconsistency therewith the terms and conditions and provisions of the policy(ies) prevail. Immediate advice must be given of any discrepancies or necessary changes. 30ateb at Los Angeles, Calif., this This is to certify that the Federal Excise Tax applicable to premium charged by this Certifi- cate has been paid as required by the U. S. Government and for evidence of this reference may be made to documents on file with SOUTHERN MARINE & AVIATION. INC. 19th day of June 19 72 SOUTHERN MARINE & AVIATION, INC. Ry-- __WA_—L"` W -- --/13 1_1/w. l CERTIFICATE PROVISIONS 1. It is specifically understood that the names of the Assurers hereunder are on file in the office of our Brokers in London, England, and will be on file in the office of the undersigned, upon being forwarded to us by our London Brokers. 2. It is expressly understood and agreed by the Assured by accepting this instrument that the undersigned is not one of the Underwriters or Assurers hereunder and neither is nor shall be in any way or to any extent liable for any loss or claim whatever, as an Assurer, but the Assurers hereunder are only those Underwriters whose names are on file as hereinbefore set forth. 3. This Certificate of Insurance shall not be assigned either in whole or part, without the written consent of the Undersigned endorsed hereon. 4. This insurance is made and accepted subject to all the provisions. conditions and warranties set forth herein and in any forms or endorsements attached hereto, all of which are to be considered as incorporated herein, and any provisions or conditions appearing in any forms or endorsements attached hereto which alter the Certificate provisions stated above shall supersede such Certificate pro- visions in so far as they are inconsistent therewith. 5. It is agreed that in the event of the failure of Underwriters hereon to pay any amount claimed to be due hereunder, Unden writers hereon, at the request of the Insured or reinsured, will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. * It is further agreed that service of process in such suit may be made upon Mendes and Mount, Attorneys, 27 William Street, Yurk..nd that in any suit instituted against any one of them upon this contract, lrn& wri{ers ili ab"ide $y"ih'g* nM—cTeciSn'tf such Court or of any Appellate Court in the event of an appeal. The. above named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and( or upon the request of the ,insured (or reinsured), to give a,written undertaking to the insured (or reinsured) that they will enter a general appearance upon Underwriters' behalf in the event such a'suit shall be instituted. ' Further, pursuant to any statute of any state, teriitorp or district of I the United States which makes provision herefor, Underwriters hereon hereby designate the Superintendent, Commissioner or Director of, Insurance or other office specified for that purpose in the statute or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured (or reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designate the above -named as the person to whom the said officer is authorized to mail such process or a true copy thereof. 6. This Certificate may be cancelled on the customary short rate basis by the Assured at any time by. written notice or by the surrender of this Certificate to Southern Marine & Aviation, Inc., Los Angeles, California. This Certificate may be cancelled, with or without the return or tender of the unearned premium, by the Underwriters or by Southern Marine & Aviation, Inc., Los Angeles, California, in their behalf, by delivering to the Assured, or by sending to the Assured by mail, registered, of unregistered, at the Assured's address as shown herein, not less than five days — written notice, stating when the cancellation shall be effective, and in such case the Underwriters shall refund the paid premium less the earned portion thereof on demand, subject always to the reten- tion by underwriters, hereon of any minimum premium stipulated herein (or proportion thereof previously agreed upon) in the event of cancellation either by Underwriters or Assured. tM 7. This Certificate shall not be valid unless signed by SOUTHERN MARINE & AVIATION, INC. Attached to and forming part of Certificate No. 12162 Issued to: Tallmantz Aviation Inc. and /or Frank G. Tallman III Effective: June 1, 1972 It is hereby understood and agreed that the security with Insurance Companies is as follows: 7.937% Aviation and General Insurance Co., Ltd. 2. 778% Aviation & General Insurance Co., Ltd. Y A/C 11.905% Phoenix Assurance Co., Ltd. 5.952% Economic Insurance Co., Ltd. Norwich a/c 5. 952% Scottish Lion Insurance Co., Ltd. 3.968% Road Transport & General Insurance Co., Ltd. 5.952010 British Reserve Insurance Co., Ltd. 5.952% London & Hull Maritime Insurance Co. Ltd. 5014 Bishopsgate Insurance Co. Ltd. 50010 1.58776 Provincial Insurance Co., Ltd. Avn. A/C 1.588% United Scottish Insurance Co., Ltd. A A /c. 55.571% All other terms and conditions remain unchanged. S.M. ISI i . SOUTHERN MARINE & AVIATION, INC. KI SOUTHERN MARINE E AVIATION UNDE BITERS, INC.❑ By JW 6-V C'ERTIF'IED COPY .., This is a certified copy of Certificate - 12162 as issued to Tallmantz Aviation Inc. and /or Frank G. Tallman III This certified copy confers no rights to the holder, it being merely a memorandum of the issuance of said policy and is given only as a matter of information. SOUTHERN MARINE & AVIATION 3dt3Dl%@ DCEM INC. \S-M- 189 /t J By Vas Underwriters at Lloyd's London England. CERTIFICATE EFFECTED WITH No. 12162 XIopb'g, lonbon PREVIOUS NO. 11757 PI.-U red insurance as hereinafter specified from certain called the "Underwriters ") through our brokers in London, Amount $ As per form Rate Premium 4% Federal Tax $ 3% State Tax $ 75- n n 5 / 10 Wo Stamping Fee $ 12.5 0 Policy Fee $ 10.00 In Consideration of the Stipulations herein named Does Insure Tallmantz Aviation Inc. and /or Frank G. Tallman III Whose address is Orange County Airport, Santa Ana, California From June 1, 1972- 12:01a. m. bltmuatr, to June 1, 1973- 12:01a. m. Standard Time at place of issuance. Hereon %46.429 % of the amount and premium stated herein. This Certificate is made and accepted subject to the foregoing stipulations and conditions, and to the conditions printed on the back hereof, which are specially referred to and made a part of this Cer- tificate, together with such other provisions, agreements or conditions as may be endorsed hereon or added hereto; and no office, agent or other representative of the Undersigned shall have power to waive or be deemed to have waived any provision or condition of this Certificate unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting this Certificate exist or be claimed by the Assured unless so written or attached. This document is intended for use as evidence that insurance described herein has been effected against which a policy(ies) will be issued and that in the event of any inconsistency therewith the terms and conditions and provision of the policy(ies) prevail. Immediate advice must be given of any discrepancies or necessary changes. 4Ateb At Los Angeles, Calif., this 19th day of June 19 72 This is to certify that the Federal Excise Tax applicable to premium charged by this Certifi- SOUTHERN MARINE & AVIATION, INC. cate has been paid as required by the U. S. Government and for evidence of this reference may be made to documents on file with 'QQQ , //,, // W SOUTHERN MARINE & AVIATION, INC. BP------ _________l _C_'' ---- l/..___ CERTIFICATE PROVISIONS 1. It is specifically understood that the names of the Assurers hereunder are on file in the office of our Brokers in London, England, and will be on file in the office of the undersigned, upon being forwarded to us by our London Brokers. S. It is expressly understood and agreed by the Assured by accepting this instrument that the undersigned is not one of the Underwriters or Assurers hereunder and neither is nor shall be in any way or to any extent liable for any loss or claim whatever, as an Assurer, but the Assurers hereunder are only those Underwriters whose names are on file as hereinbefore set forth. 3. This Certificate of Insurance shall not be assigned either in whole or part, without the written consent of the Undersigned endorsed hereon. 4. This insurance is made and accepted subject to all the provisions, conditions and warranties set forth herein and in any forms or endorsements attached hereto, all of which are to be considered as incorporated herein, and any provisions or conditions appearing in any forms or endorsements attached hereto which alter the Certificate provisions stated above shall supersede such Certificate pro- visions in so far as they are inconsistent therewith. 5. It is agreed that in the event of the failure of Underwriters hereon to pay any amount claimed to be due hereunder, Under writers hereon, at the request of the Insured or reinsured, will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in .accordance with the law and practice of such Court. + It is further agreed that service of process in such suit may be made upon dU"& 47.1Af11Ui ttieetra ,�W%_Y.grk,rand that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/ or upon the request of the insured (or reipsured), to give a written undertaking to the .insured_ (or reinspredl that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state; territory or district of the United ' States which makes provision herefor, Underwriters hereon hereby designate the Superintendent, Commissioner. or Director of Insurance -or other office specified for that purpose in the statute or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured (or reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designate the above -named as the person to whom the said officer is authorized to mail such process or a true copy thereof. 6. This Certificate may be cancelled on the customary short rate basis by the Assured at any time by written notice or by the surrender of this Certificate to Southern Marine & Aviation, Inc., Los Angeles, California. This Certificate may be cancelled, with or without the return or tender of the unearned premium, by the Underwriters or by Southern Marine &, Aviatipn, Inc., Los Angeles, California, in their behalf, by delivering to the Assured, or by sending to the Assured by mail, registered, or 'unregistered, at the Assured's address as shown herein, not less than five days — written notice, stating when the cancellation shall be effective, and in such case the Underwriters shall refund the paid premium less the earned portion thereof on demand, subject always to the reten- tion by underwriters, hereon of any minimum premium stipulated herein (or proportion thereof previously agreed upon) in the event of cancellation either by Underwriters or Assured. i 7. This Certificate shall not be valid unless signed by SOUTHERN MARINE & AVIATION, INC. IT IS HYXEBY UNDLO'oOD AND ACRLED THAT: . 1. The Amounts of Indemnity shown under Item No. S of the schedule are as follows; As eesoects Section 1: Bodily Injury $30ls000. 00 any one person 11, 000, 000.00 awase accident Iaccurrence Property Damage $250. 000.00 any one accident /occurrencs Contractual Liability: Bodily Injury $500,000.00 any one person /1.000.000.00 any one accidentioccurrence Property Damage $500,000.00 say one person /occurrence As respects Section iI: $100, 000.00 each alrcrafti $200, 000, 00 each accident As respects Section III: Bodily Injury $100, 000.00 any one person/ 300, 000.00 any one accident /occurrence Property Damage $100, 000.00 any one accident and in the aggregate. 2. A Deductible of $240.00 shall apply as respects each and every claim applicable under Section II, 3. This policy shall not be cancelled nor the amounts of coverage hereia provided reduced until thirty (30) days after the lesser shall have received written notice Of such cancellation or reduction, as evidenced by return receipt of registered mail. 4. Notwithstanding any inconsistent statement in the policy to which this endorsement is a4ached or any endorsement now or hereafter attached hereto, it to agreed that the County of Orange is a co- insured hereunder covering all operations of the lessee or sub - Lessees or his employee or the county. S. It is warranted that the coverage provided hereon with respect to the contractual Liability shall not exceed beyond the scope of the Arioi Form and is limited to those sections of the contract pertaining to insurance. 6. LESSLE shall indemnify and save harmless LESSOR, its officers, agents and employees, from and against any and all claims, demands, lose or liability, of any kind or nature which LESSOR, its officers. agents and employees may sustain or incur, or which may be imposed upon them or any of them for injury to, or death of, persons, or damage to property arising out of or in any manner connected with the negligence or lack of care of LESSEE. its officers, agents or employees in use of the Demised Promises, including the use of the Orange County Airport and its facilities. 7. The coverage provided under Section 1 of the Arial Foray is extended to include alternations invblvtng the Insured's hangar at Orange County Airport. 8. In the event of cancellation by the underwriters atten day written notice of cancellation shall be given to: Public Works Agency Real Property Division 55SS Overland Avenue, Building 2 San Diego, California The effective date of this Endarsernent is June 1, 1971. All other terms and conditions remain unchanged. This endorsement is attached to and made a part of Certificate No. 12162. Issued to: Tallmanta Aviation Inc., etal Date of issue: June 19, 1972 Southern Marine to Aviation,) Inc. BY G,�` js Endorsement No. I A R I E L AIRPORT OWNERS AND OPERATORS LIABILITY INSURANCE -1 HE UNDERWRITERS hereby agree to the extent and in the manner hereinafter provided, to pay on behalf of the Assured all sums which the Assured shall become legally obligated to pay or by final judgment by adjudged topay up to but not exceeding the amounts specified in the Schedule, to any person or persons as damages (a) for bodily injury including death at any time resulting therefrom (hereinafter referred to as bodily injury) or (b) for loss of or damage to property of others (hereinafter referred to as property damage) caused by accident occurring during the period mentioned in the Schedule and arising out of the hazards set forth in Sections 1. 2 and 3 below. SECTION I Bodily injury or property damage (a) in or about the premises specified in the Schedule, as a direct result of the services granted by the Assured (b) elsewhere in the course of any work or of the performance of any duties carried out by the Assured or his employees in connection with the business or operations specified in the Schedule, caused by the fault or negligence of the Assured or any of his employees engaged in the Assured's business of by any defect in the Assured's premises, ways, works, machinery or plant used in the Assured's business. THIS SECTION IS SUBJECT TO THE FOLLOWING EXCLUSIONS: 1. Loss of or damage to property owned or occupied by or in the care, custody or control of the Assured or of any servant of the Assured, but this exclusion shall be deemed not to apply to vehicles that are not the property of the Assured whilst on the premises specified in the Schedule. 2. Bodily injury or property damage caused by (a) any mechanically propelled vehicle which the Assured may cause or permit any other person to use on the road in such a manner as to render them responsible for insurance under any domestic or international law appertaining to road traffic, or where no such law exists, whilst such vehicle is on any public highway. (b) any Ships, Vessels, Craft or Aircraft owned, chartered, used or operated by or on account of the Assured, but this ex- clusion shall be deemed not to apply to aircraft owned by others which are on the ground and for which indemnity is otherwise granted under Section 2 of this Policy, whether such Section is insured hereunder or not. 3. Bodily injury or property damage arising out of any Airmeet, Afr Race, or Air Show, tar any stand used for the; accommo- dation of spectators in connection therewith, unless previously agreed by Underwriters, 4. Bodily injury or property damage arising out of construction of, demolition of or alterations to Buildings, Runways, or In- stallations by the Assured or his contractors or sub - contractors (other than normal maintenance operations) unless previously agreed by Underwriters. S. Bodily injury or property damage arising out of any goods or products manufactured, constructed, altered, repaired, serviced, treated, sold, supplied or distributed by the Assured or his employees after such goods or products have ceased to be in the possession or under the control of the Assured, but this exclusion shall be deemed not to apply to the supply, by the Assured, of food or drink at the premises specified in the Schedule. SECTION 2 Loss of or damage to Aircraft or Aircraft equipment, not the property of the Assured, whilst on the ground in the care, custody or control of the Assured. THIS SECTION IS SUBJECT TO THE FOLLOWING EXCLUSIONS: (a) Loss of or damage to robes, wearing apparel, personal effects or merchandise of any description. (b) Loss of or damage to Aircraft or Aircraft equipment, hired or leased by or loaned to the Assured. (c) Loss of or damage to any Aircraft while in flight as defined. SECTION 3 Bbdily injury or property damage arising out of the possession, use, consumption or handling of any goods or products manufac- tured, constructed, altered, repaired, serviced, treated, sold, supplied or distributed by the Assured or his employees after such goods or products have ceased to be in the possession or under the control of the Assured. THIS SECTION IS SUBJECT TO THE FOLLOWING EXCLUSIONS: (a) Damage to the property of the Assured or to property within his care, custody or control. (b) The cost of repairing or replacing any defective goods or products manufactured, constructed, altered, repaired, serviced, treated, sold, supplied or distributed by the Assured or any defective part or parts thereof, (c) Loss arising out of improper or inadequate performance, design or specification but this exclusion shall be deemed not to apply to bodily injury or property damage as insured hereby resulting therefrom, (d) Loss of use of any Aircraft not actually lost or damaged in an accident giving rise to a claim hereunder. EXCLUSIONS APPLICABLE TO ALL SECTIONS OF THIS POLICY: - 1. THIS POLICY DOES NOT COVER liability for bodily injury to any person, who at the time of sustaining such injury is en- gaged in the service of the Assured or acting on his behalf, or liability for which the Assured or his insurer may be held liable under any workmans compensation, unemployment compensation or disability benefits law or any similar law. 2. THIS POLICY DOES NOT COVER the cost of making good any faulty workmanship for which the Assured, his employees, contractors or subcontractors may be liable (but this limitation shall not exclude resulting damage arising outof such faulty workmanship.) 3. THIS POLICY DOES NOT COVER liability assumed by the Assured by Agreement under any Contract unless such liability would have attached to the Assured even in the absence of such Agreement. 4. THIS POLICY DOES NOT COVER liability of the Assured directly or indirectly occasioned by, happening through or in consequence of War, invasions, act of foreign enemy, hostilities (whether War be declared on not), civil war, rebellion, revolution, insurrection or military or usurped power. 5. THIS POLICY DOES NOT COVER liability arising out of the operation of an airfield control tower unless previously agreed by Underwriters. 6. Each section of this Policy excludes liability which is or would be covered under any other section of the Policy, whether such other section is insured hereunder or not. 7. This Policy is subject to the attached Radioactive Contamination exclusion clause. PAYMENT OF COSTS: In addition to the limits set out in the Schedule, Underwriters will pay all legal and other costs incurred with their consent in the defence of any claim made against the Assured, 1216E ATTACHED TO �N ORMINGG PttRT OF � . ` ltai ISSUED TO: AAa DATED Los Aarielaa, Califo 7i e : Eouth*ra Maria and AVUtlonr lag• vas y This day of 19_ By: (OVER) S.M. 418 13. /67I PAGE 1 Or 2 PROVIDED THAT in the event of their requiring any claim to be contested (a) If the claim be successfully resisted by the Assured the Underwriters will pay all costs, charges and expenses incurred by the Assured in connection therewith up to butnot exceeding the sum insured under this Policy. (b) If a payment exceeding the sum insured has to be made to dispose of a claim, the liability of Underwriters to pay any costs, charges and expenses in connection therewith shall be limited to such proportion of the said costs, charges and expenses as the sum insured by this Policy bears to the amount paidto dispose of the claim. DEFINITIONS. 1. ACCIDENT. The word "accident" shall be understood to mean an accident or series of accidents arising out of one event or occurrence. 2. FLIGHT. The term "in flight" means the time commencing with the actual take off run of the aircraft and continuing thereafter until it has completed its landing run, GENERAL CONDITIONS: 1. Upon the happening of any accident likely to give rise to a claim under this Policy or upon the receipt by the Assured of no- tice of any claim or of any other subsequent proceedings, notice in writing with full particulars shall begiven to the Under- writers as soon as possible after same shall come to the knowledge of the Assured or the Assured's representative. Every letter, claim, writ, summons or process shall be forwarded to Underwriters immediately on receipt by the Assured. 2. All notices as specified above shall be given by the Assured to the person(s) or firm named for the purpose in the Schedule. 3, if rany claim under this Policy is also covered in whole or in part by any other insurance, the liability of Underwriters shall be limited to their rateable proportion of such claim. 4. If the Assured shall make any claim knowing the same to be false or fraudulent as regards amount or otherwise, this Policy shall become void, and all claims hereunder shall be forfeited. 5. This Policy may be cancelled at any time at the written request of the Assured or may be cancelled by or on behalf of the Underwriters provided 15 days notice in writing be given, (Where 15 days notice is contrary to the law or statute then the minimum period that is permitted shall be substituted therefor.) If the Policy shall be cancelled by the Assured the Underwriters shall retain the earned premium hereon for the period that this Policy has been in force calculated in accordance with the basis in the Schedule, or the short rate proportion of the minimum premium, calculated in accordance with the customary scale whichever is the greater. It the Policy shall be cancelled by Underwriters they shall retain the earned premium hereon for the period that this Policy has been in force, calculated in accordance with the basis in the Schedule or pro .rata of the minimum premium whichever is the greater. Notice of cancellation by the Underwriters shall be effective even though the Underwriters make no payment or tender of return premium. 6. It is a condition precedent to the right of the Assured to be indemnified under this Insurance that (a) If after this Insurance has been effected, the risk is materially altered, such alterations must be notified in writing to the Underwriters immediately, (b) No liability shall be admitted and no admission, arrangement, offer, promise or payment shall be made by the Assured without the written consent of Underwriters, who shall be entitled, if they so desire, to takeover and conduct in the name of the Assured the defence of any claim or to prosecute in the name of the Assured for their own benefit any claim for indemnity or damage or otherwise against any third party, and shall have full discretion in the conduct of any negotia- tions or proceedings or the settlement of any claim, and the Assured shall give all such information and assistance as Underwriters may require. (c) The Assured shall and will at all times exercise reasonable care in seeing that the ways, implements, plant, machinery and appliances used in the Assured's business are substantial and sound and in proper order, and fit for the purpose for which they are used, and that all reasonable safeguards and precautions against accidents are provided and used. (d) The Assured shall comply with all International and Government Regulations and Civil Instructions. SCHEDULE 1. THE POLICY NUMBER IS: - --Issue 2, THE NAME AND ADDRESS OF THE ASSURED ARE: - TallnUdds Aoimflas Est -adl* Z' sp Q,r T.14M" W 3, THE NATURE OF THE ASSURED'S BUSINESS OR OPERATION IN RESPECT OF WHICH THE POLICY IS EFFECTED IS: - 4. THE PLACE(S) IN OR ABOUT WHICH THE INDEMNI rY GRANTED BY THE POLICY IS TO APPLY 1S (ARE): -rm It jr .t , w4 - i _ 5. -1 HE AMOUNT OF INDEMNITY SHALL NOT EXCEED: Section 1. As Sadersei any one accident Section 2. As any one accident Section 3. As " any one accident and in the aggregate arising out of all accidents occurring during any one annual period of Insurance. _ _ - ,�wt♦tt�,u♦t��ty AND SHALL BE SUBJECT TO ADJUSTMEN "1 AS FOLLOWS: - -- -__ 7, THE PERIOD OF INSURANCE IF FROM __. t *_�s. } TO ST}- I . `S3. T. r S. THE NAME AND ADDRESS OF PERSON(S) OR FIRM TO.i>HOM ALL NOTICES SHALL BE GIVEN IS: - t, 9. THE DA'Z'E OF "I 'HE PROPOSAL. IS: - S.M. 419 13/57) - It OF 2 • • i • CERTIFIED COPY Y This is a certified copy of Certificate - 12162 as issued to Tallmantz Aviation Inc. and /or Frank G. Tallman III This certified copy confers no rights to the holder, it being merely a memorandum of the issuance of said policy and is given only as a matter of information. SOUTHERN MARINE & AVIATIONX14M@4NDEMM ,t I e INC. - S.M. 189 Y I . � . �,/ V h V WV` �J 0 LIMITATION OF LIABILITY ENDORSEMENT (ADDITIONAL ASSUREDS) (approved by Lloyds Aviation Underwriters Association) It is hereby understood and agreed that this Insurance is extended to cover the undermentioned as additional Assured(s), and Hold Harmless The City of Newport Beach but only in respect of the coverage provided under this Policy. It is further understood and agreed that notwithstanding the inclusion herein of more than one Assured, the total liability of the Underwriters in respect of any or all Assureds shall not exceed the limit(s) of liability stated in this Policy, Subject otherwise to all the terms, conditions, exlcusions and limitations of the Policy. In the event of cancellation by the Underwriters a (30) thirty day written notice of cancellation shall be given to the City of Newport Beach. The effective date of this endorsement is June 1, 1972. All other terms and conditions remain unchanged. This endorsement is attached to and forms a part of Certificate 12162. Issued to: Tallmantz Aviation Inc. , etal Date of Issue: August 3, 1972 js SOUTHERN MARINE & AVIATION INC. Endorsement No. 7 • PREMIUM* $ Nil % FEDERAL TAX $ % STATE TAX $ WAR, HIJACKING AND OTHER PERILS EXCLUSION CLAUSE (Aviation) This policy does not cover claims caused by (a) War, invasion, acts of foreign enemies, hostilities, (whether war be declared or not), civil war, re- s ._ bellion, revolution, insurrection, martial law, military or usurped power or. attempts at usurpation of power. (b) Any hostile detonation of any weapon of war employing atomic or nuclear fission and /or fusion or, other like reaction or radioactive force or matter. (c) Strikes, riots, civil commotion or labour disturbances. (d) Any act of one or more persons, whether or not agents of a sovereign power, for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or intentional. (e) Any malicious act or act of sabotage. (f) Confiscation, nationalisation, seizure, restraint, detention, appropriation, requisition for title or use by or under the order of any government (whether civil military or de facto) or public or local authority. '(g) Hijacking or any unlawful seizure or wrongful exercise of control of the aircraft or crew in flight (including any attempt at such seizure or control) made by any person or persons on board the aircraft acting without the consent of the Insured. Furthermore this policy does not cover claims arising whilst the aircraft is outside the control of the Insured by reason of any of the above perils. The aircraft shall be deemed to have been restored to the control of the Insured on the safe return of the aircraft to the'Insured at an airfield not excluded by the geographical limits of this policy, and entirely suitable for the operation of the aircraft (such safe return shall require that the aircraft be parked with engine shut down and under no duress). AVN48B United States Internal Revenue Documentary Stamps in the amount shown above, applicable to this insurance have been affixed to the Accounts copy of this endorsement. The law provides for no Federal Tax refund once the Insurance attaches. THE EFFECTIVE DATE OF THIS ENDORSEMENT IS 'Tune 1, 1972 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. 12162 THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF CERTIFICATE NO ISSUED TO: Tallmantz Aviation Inc., etal DATE OF ISSUE: June 19, 1972 Ja SOUTHERN MARINE 8 AVIATION, INC. SOUTHERN JIMARINE o d. AVIATION /UNDERWRITERS, INC. ❑ S.M. sill (11/71) ENO NO. 5 aY- PREMIUM$ Nil % FEDERAL TAX $ % STATE TAX $ _ $ I NOISE AND POLLUTION AND OTHER PERILS EXCLUSION CLAUSE 1. This policy does not cover claims directly or indirebtly occasioned by happening through or in consequence of: (a) noise (whether audible to the human ear or not), vibration, sonic boom and any phenomena associated therewith, (b) pollution and contamination of any kind whatsoever, (c) electrical and electromagnetic interference, (d) interference with the use of property; unless caused by a crash explosion or collision or a recorded in- flight emergency causing abnormal aircraft operation. 2. With respect to any provision in the policy concerning any duty of Underwriters to investigate or defend claims, such provision shall not apply and Underwriters shall not be required to defend (a) claims excluded by Paragraph 1 or (b) a claim or claims covered by the policy when combined with any claims excluded by Paragraph 1 (referred to below as "Combined Claims "). S. In respect of any Combined Claims, Underwriters shall (subject to proof of loss and the limits of the policy) reimburse the Insured for that portion of the following items which may be allocated to the claim or claims covered by the policy: (i) damages awarded against the Insured and (ii) defense fees and expenses incurred by the Insured. 4. Nothing herein shall override any radioactive contamination or other exclusion clause attached to or forming part of this policy: AV46A United States Internal Revenue Documentary Stamps in the amount shown above, applicable to this insurance have been affixed to the Accounts copy of this endorsement. The law provides for no Federal Tax refund once the Insurance attaches. THE EFFECTIVE DATE OF THIS ENDORSEMENT IS June 1, 1972 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. 12162 THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF CERTIFICATE NO. ISSUED TO:_ Tallmantz Aviation, .Inc. ; etal DATE OF ISSUE: June 19 1972 Ja S.M. 493 (REV. 2/71) END. NO. 4 SOUTHERN MARINE &AVIATION, INC. SOUTHERN MAn � RIN/E &; AVIATION UNDERWRITERS, INC. C3 NUCLEAR INCOT EXCLUSION CLAUSE —"LIABILITY — JCT (BROAD) (Approved by Lloyd's Underwriters' Fire and Man-Marine Association) For attachment to insurances of the following classifications in the U.S.A., its Territories and Possessions, Puerto Rico and The Canal Zone:— Owners, Landlords and Tenants Liability, Contractual Liability, Elevator Liability, Owners or Contractors (in. cluding railroad) Protective Liability, Manufacturers and Contractorlt,Liability, Product Liability, Professional and Malpractice Liability, Storekeepers Liability, Garage Liability, Automobile Liability (including Massachusetts Motor Vehicle or Garage Liability), not being insurances of the classifications to which the Nuclear Incident Exclusion Clause — Liability — Direct (Limited) applies. This policy* does not apply:_ 1. Under my Liability Coverage, to injury, sickness, disease, death or destruction (a) with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (2) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. ' 11. Under any Medical Payments Coverage, or under my Supplementary Payments Provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous propertiesof nuclear material and arisingoutof the operationof a nuclear facility by any person or organization. 111. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous ; properties of nuclear material, if (a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom; (b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, pro- cessed, stored, transported or disposed of by or on behalf of an insured; or (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of ser- vices, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (c) applies.only to injury to or destruction of property at such nuclear facility. IV. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material ", "special nuclear material ", and "byproduct material" have the meanings given them in the Atomic Energy Act 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or ex- posed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor. (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25gramsof plutoniumor urani- um 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared orused for the sturageor disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forma of radioactive contamination of property. It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this clause is subject to the terms, exclusions, conditions and limitations of the Policy to which it is attached. . *NOTE: —As respects policies which afford liability coverages and other forms of coverage in addition, the words under- lined should be amended to designate the liability coverage to which this clause is to apply. THE EFFECTIVE DATE OF THIS ENDORSEMENT IS, June 1, 19^f12 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF CERTIFICATE NO. ISSUED TO, 'Tallmantz Aviation Inc., etal DATE of Issues June 19, 1972 SOUTHERN MARINE 6 AVIATION, INC. SOUTHERN MARINE III AVIATION UNDER RITERS, INC. ❑ SAL 334 N.M.A. 1256 END. NO. 3 BY J, /�J ( J�L � (,A ,A Ach B/e� OLIUM E Nil . % FEDERAL TAX E % STATE TAX E STAMPING FEES LIMITATION OF LIABILITY CLAUSE ( Joint Assureds) (approved by Lloyd's Aviation Underwriters Association) Notwithstanding the inclusion herein of more than one Assured, whether by endorsement or otherwise, the total liability of the Underwriters in respect of any or all Assureds shall not exceed the limit(s) of liability stated in this Policy. United States Internal Revenue Documentary Stamps In the amount shown above, applicable to this Insurance have been affixed to the Aoceunta oopy of this endorsement. The law provides for no Federal I &a refund once the Insurance attsohee, THE EFFECTIVE DATF. OF THIN ENDORSEMENT 19 June 1. 1972 ALL OTHER TERMe AND CONDITWNS REMAIN UNCHANGED. THIN ENDORSEMENT 19 ATTACHSD TO AND MADE A FART OF CERTIFICATE NO. 12162 I ISSUED To, T I1mantz Aviation In - ^etal own of INNuEI June 19, 1972 Js SOUTHERN MARINE & AVIATION, INC. SOUTHERN MARINE & AVIATION UNDERWRITERS, INC. REV, • /ea END. N0. 2 BY CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 TYNE July 16, 1971 TO: FINANCE DIRECTOR FROM: City Cleric SUBJECT: Contract No. C -1383 Description of Contract Service and Maintenance for Police Helicopters Authorized by Resolution No. 7482 , adopted on July 12, 1971 Effective date of Contract July 15, 1971 Contract with Tallmantz Aviation, Inc. Address Orange County Airport Santa Ana, CA Amount of Contract $28.00 per hour city Cle 1k Cl 0 CITY POLICE DEPAR1MW Attention: Captain L. P. Hearse CITY CLERK POLICE HELICOPTER MAINTE MCE AGREEMENT C -1383 Enclosed are two fully ownted copies of the Police Helicopter Maintenance AVeement with Tallmantz Aviation. This agreement was authorized by the Council on July 12 by the adoption of Resolution So. 7482. Will you please transmit one copy to Tallmantz and retain one for your files? The original is in the official file in my office. Laura Lagios City Clerk LL:swk enc. 'ORIGINAL HELICOPTER MAINTENANCE AGREEMENT c -I V8 THIS AGREEMENT, made and entered into this /S rH day of %TVL Y I i97/, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and TALLMANTZ AVIATION, INC., a California corporation, hereinafter referred to as "TALLMANTZ ". W I T N E S S E T H: WHEREAS, CITY has purchased two Hughes helicopters to be used in connection with its police and law enforcement facilities, said helicopters bearing Numbers N9626F and N9627F, respectively, and having Serial Numbers 034 and 040, respectively; and WHEREAS, CITY desires to have said aircraft serviced, maintained and inspected in accordance with FAA regulations and requirements; and WHEREAS, TALLMANTZ is equipped to perform the services as set forth in this Agreement, and desires to do so; and WHEREAS, the parties hereto wish to set forth their rights, duties and liabilities hereunder: NOW, THEREFORE, the parties hereto agree as follows: I. PAYMENT FOR SERVICES The price to be paid to TALLMANTZ for the services to be performed hereunder shall be as follows: $28.00 per hour, including fuel and oil. For the above hourly rate, TALLMANTZ agrees to perform the following services: 1. Inspection and Maintenance At the factory recommended inspection times, the aircraft will be brought to TALLMANTZ for the appropriate -1- I s A 4 0 inspection and required maintenance 46 r All other unscheduled maintenance will be performed at TALLMANTZ whenever practical. However, on -site field repairs can be made when necessary to keep the aircraft operational, or when certain repairs are required before the aircraft can be flown. The ferry time to and from TALLMANTZ will be performed by customer's personnel. Labor to perform these operations is included in the hourly price. 2. Parts Included in the hourly rate are all maintenance replacement parts needed as a result of ordinary wear and tear. (In addition to maintenance replacement parts, there will be included ANY hardware, special oils and hydraulic fluid, tail rotor boots, main rotor boots, tail rotor bumpers, tangwashers, "O" rings of all types, gaskets of all types, small roller bearings, snap plugs, NAS and MS fittings and cables, springs of all types, seals of all types, fabric ducts of all types, all fuses; plastic components will be limited to instrument console parts, rotating beacon supports, and "V" belt inspection covers.) All damage or repairs not resulting from ordinary wear and tear will be charged in addition to the hourly rate at list price for labor and parts. 3. Limited Life Replacement At the recommended replacement time, all limited life items will be replaced or overhauled at no charge, including labor to make the replacement in accord with standards established by the Federal Aviation. Administration. 4. Engine overhaul and Engine Change Agreement The labor to overhaul, remove and install the engine is included in the hourly rate. The normal and usual replacement parts as included in Lycoming's Engine Overhaul Kit are also included. -2- 9r c .l hourly rate. 5. Fuel and Oil The cost of all fuel and oil is included in the II. INVOICING It is understood and agreed by and between the parties hereto that TALLMANTZ shall base its billing at the above hourly rates upon the time recorded from engine instruments within each of the above numbered aircraft, and that CITY shall be invoiced monthly, with the amount to be based upon the time from the engine instruments and the hourly rate agreed upon herein. III. COMMUNICATION EQUIPMENT EXCEPTED This Agreement applies to all maintenance of the helicopters with the exception of the communication equipment. IV. FIELD REPAIRS Field repairs inside the City limits of Newport Beach will be made as part of this Agreement. V. TERM The term of this agreement shall commence on the date shown in the introductory paragraph on page 1 hereof, and shall continue until June 30 , 1972 VI. INSURANCE TALLMANTZ agrees to have its insurer name CITY as an additional insured under its policy of liability insurance and further agrees to defend, indemnify and save the CITY harmless against any claims, liability or judgments arising from any alleged negligence of TALLMANTZ arising out of or related to its performance of services for CITY pursuant to this contract. TALLMANTZ's obligations to indemnify and save CITY harmless shall be limited to the maximum coverage afforded under said insurance policy. A copy of said policy shall be filed with the City Clerk and shall con- ta'in an agreement by.the'.insiirer that it will.nbt terminate.or reduce -3- ` . 0% the insurance protection furnished to CITY without first giving CITY thirty (30) days' prior written notice thereof directed to the City Clerk. Said policy shall provide minimum coverages in the following amounts: Bodily injury ...... $ 500,000.00 any one person $ 1,000,000.00 any one accident/ occurrence Property Damage .... $ 250,000.00 any one accident/ occurrence In the event that this Agreement is terminated by either party, TALLMANTZ shall return to CITY all parts purchased and monies set aside for engine overhaul and replacement of limited life items that have not been committed as of the date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. APP OVED AS O FORM ity Attorn yl 0 mh 7/71 CITY OF NEWPORT BEACH, a municipal corporation 7 '00 is�_S.r! %% - ATTEST: City Clerk CITY TALLMANTZ AVIATION, INC., a Cal By: By: IM TALLMANTZ R94cnaftft 50. 7 4 8 2 nsaumm Cr Tim CITY Cowen ar TU-4m or RSW-PORT =AM wrmuzxm m WMCWM OW AN AGRgAMM WMM M CITY OF XWPORT WA= AND ThMNAM AVZMW# Moo M Ttm az;AvxCxW Am w4ammez or Pmlcx MLICOMns MUR"ge the" has been preseitted to the &tY C*W%cil Of the City of Swwp)-,t St-fteb a ca main contract botween MW CUY Of NOWpOrt beach and TallAmt-- Aviation# � Inc. for the ruWular siarvici%, maintanan" &n4 inspection of the two NWWPWt Ba-cb Police Department belicopter** Aerial Boo. 034 and 00y =I WHERSAJ# the city Council has considered the terms aA4 conditions of vaid helicopter m4Atenamm bqrsewmt and foun4 them to be f4ir and equitable; TWJWFO"* am 17 MOLVED that said Contrast for the services show dgscxibod is 7provedo "A the XLNyor -;md city Clerk are horeby authori-od ftA directed to ememte the so*,* on behalf Of `thee City of NewPort . beach, Mayor ATTEJTs City CION rax 7/9/71 INSURANCE BROKERS SINCE 1915 CASS & 1OHANSING 23521 Paseo de Valencia, Suite 101, Laguna Hills, California 92653 CABLE ADDRESS CqN AN S1NC TELEPHONE 837-2BOO AREA CODE 714 July 1, 1971 City of Newport Beach 3300 Newport Newport Beach, California ATT: City Clerk RE: HELICOPTER MAINTENANCE AGREEMENT 9� 3 Gentlemen: In accordance with your Helicopter Maintenance Agreement with Tallmantz Aviation we are enclosing certified copy of Tall - mantz' airport liability insurance written in Lloyds Certificate #11757• The coverage has been extended per endorsement #4 to comply with the insurance requirements as set forth in the agreement. We trust you will find the above in order; however, if there are any questions please do not hesitate to contact us. Very truly yours, CASS S JOHANSING Jack S. Reynolds JSR /bh encls. cc to: Tallmantz Aviation Main Office: i910 Sunset Boulevard, Los Angeles, California 90026 This is Under England. CERTIFICATE EFFECTED WITH No. 11757 pb'2;, lonbon PREVIOUS NO. 11355 as hereinafter specified from certain riters ") through our brokers in London, Amount$ As per Form Rate -- Premium $ 3 650 00 3.435% Wo Federal Tax $ 175 3u 3% State Tax $ 1 0 g_ so 5/10% %% Stamping Fee $ Policy Fee $ 10-00 In Consideration of the Stipulations herein named Does Insure Tallmantz Aviation, Inc. Whose address is Orange County Airport, Santa Ana, California From June 1, 1971 -12:01 a. m. immmrac to June 1, 1972 -12:01 a.m. aum®m> Standard Time at place of issuance. Hereon: 1 d 7 1 3 % of the amount and premium stated herein. This Certificate is made and accepted subject to the foregoing stipulations and conditions, and to the conditions printed on the back hereof, which are specially referred to and made a part of this Cer- tificate, together with such other provisions, agreements or conditions as may be endorsed hereon or added hereto; and no office, agent or other representative of the Undersigned shall have power to waive or be deemed to have waived any provision or condition of this Certificate unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting this Certificate exist or be claimed by the Assured unless so written or attached. This document is intended for use as evidence that insurance described herein has been effected against which a policy(ies) will be issued and that in the event of any inconsistency therewith the terms and conditions and provision of the policy(ies) prevail. Immediate advice must be given of any discrepancies or necessary changes. Im Wattb at Los Angeles, Calif., this This is to certify that the Federal Excise Tax applicable to premium charged by this Certifi- cate has been paid as required by the U. S. Government and for evidence of this reference may be made to documents on file with SOUTHERN MARINE & AVIATION, INC. 21st day of June 19 71 SOUTHERN MARINE & AVIATION, INC. BY_ - - --- / CERTIFICATE PROVISIONS 1. It is specifically understood that the names of the Assurers hereunder are on file in the office of our Brokers in London, England, and will be on file in the office of the undersigned, upon being forwarded to us by our London Brokers. 2. It is expressly understood and agreed by the Assured by accepting this instrument that the undersigned is not one of the Underwriters or Assurers hereunder and neither is nor shall be in any way or to any extent liable for any loss or claim whatever, as an Assurer, but the Assurers hereunder are only those Underwriters whose names are on file as hereinbefore set forth. 3. This Certificate of Insurance shall not he assigned either in whole or part, without the written consent of the Undersigned endorsed hereon. 4. This insurance is made and accepted subject to all the provisions, conditions and warranties set forth herein and in any forms or endorsements attached hereto, all of which are to be considered as incorporated herein, and any provisions or conditions appearing in any forms or endorsements attached hereto which alter the Certificate provisions stated above shall supersede such Certificate pro- visions in so far as they are inconsistent therewith. 5. It is agreed that in the event of the failure of Underwriters hereon to pay any amount claimed to be due hereunder, Under. writers hereon, at the request of the Insured or reinsured, will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. It is further agreed that service of process in such suit may be made upon 2k3r &9ak and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/ or upon the request of the insured (or reinsured) to give a written undertaking to the insured (or reinsured) that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision herefor, Underwriters hereon hereby designate the Superintendent, 'Commissioner or Director of Insurance or other office specified for that purpose in the statute or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured (or reinsured) or any, beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designate the above -named as the person to whom the said officer is authorized to mail such process or a true copy thereof. 6. This Certificate may be cancelled on the customary short rate basis by the Assured at any time by written notice or by the surrender of this Certificate to Southern Marine & Aviation, Inc., Los Angeles, California. This Certificate may be cancelled, with or without the return or tender of the unearned premium, by the Underwriters or by Southern Marine &,Aviation, Inc., Los Angeles, California, in their behalf, by delivering to the Assured, or by sending to the Assured by mail, registered, or unregistered, at the Assured's address as shown herein, not less than five days written notice, stating when the cancellation shall be effective, and in such case the Underwriters shall refund the paid premium less the earned portion thereof on demand, subject always to the reten- tion by underwriters, hereon of any minimum premium stipulated herein (or proportion thereof previously agreed upon) in the event of cancellation either by Underwriters or Assured. 7. This Certificate shall not be valid unless signed by SOUTHERN MARINE & AVIATION, INC. TOPLIS AND HARDING, INC. * ANGELES, S CALIFORNIA 99 996 LOS S BOULEVARD . • ` PREMIIJ9 $ Nu % FEDERAL TAX $ % STATE TAX $ $ IT IS HZRSZY UNiDEUT001) AND AG"ZD Ts3ATs 1. Coverage under section I only of the Ariel Fern is extend to include alterations involving Hanger at Orange County Aispevu E. Coverage is extended only as respects affection I of the Ariel Form to include premises at Palouse Airport as respects opersiions of tine Insured and Hold Harad"s end indenealify County of Sao Diego, its agents, oWeer$ and exuployoss. 3. In the ewlut of Cancellation. by the Underwriter* a tom. (10) days written notice of Canceilatiea to to be given to: Public Works Agency Ilea! Property Division 5555 Overland Avenue, Building 2. 3aa Diego, Calibrate, 92133, United States In tarn of Revenue Documentary Stamps in the amount shown above, applicable to this insurance have been affixed to the Accounts copy of this endorsement, The low provides for no Federal Tax refund once the Insurance attaches. THE EFFECTIVE DATE OF THIS ENDORSEMENT IS iy f 1911 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS ENDORSEMENT IS ATTACHED TO ANDMADE A PART OF CERTIFICATE NO. —s 75.' ISSUED TO DATE OF ISSUE: y s„"IIIA; 3.1. 191-1 SOUTHERN MARINE & AVIATION, INC. SOUTHERN MARINE & AVIATION UNDERWRITERS, INC. ❑ $. M. FORM NO. 415 (1/I8/67) END. NO. 6 By % • P14MIUM $ % FEDERAL TAX $ % STATE TAX $ STAMPING FEE $ It it hereby WM*M#ood Md agre" dW tins ownUicab is AviW to lWhI46 MW iasldsaftl to the Assu"If"s oplsatbwa is r"11 et mt S"am l *I,* United States Internal Revenue Documentary Stamps In the amount shown above, applicable to thin insurance have been affixed to the Accounts copy at this endorsement. The law provides for no Federal Tax refund once the Insurance attaches. THE EFFECTIVE DATE OF THIS ENDORSEMENT 19 '�.�� 1 a N► I ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED, THIS ENDORSEMENT IS ATTACHED TO AND MADE A FART OF CERTIFICATE NO. _ Off ISEU[D TO: �'U$�trs �,�� DATE OF laluau SOUTHERN MARINE & AVIATION, INC. SOUTH�fI (AARINE & AVIOlO DERWRITERS, INC. !/ /AV //��l4ns�. S. M. 11a REV. a /e2 END. NO. 5 0 PREMIUM $ % FEDERAL TAX $ % STATE TAX $ IT 13 ASREAT UNCISRS rOOD AND AGA.Z= THAT% 1. The terms mid coadltiaw of the hold .itanukes Agresmaats entered Into between the Kwood lneurod and the City of Nowpost beach are added for Coverage h*reestdert 3. This Certificate shall net be eaw*Ued or reduced without thirty (30) days written notice to the City Glut of the City of Newport beach, CaLLtorals. 3. The following is added for Cwmrsge hereunder as on Additional hwured, but only as respects the Coverage provided hereunder: City of Newport beach Newport beacb, California, The iaclasies of the above Additional iaourod *ball eat operats to increase dw Usderwriters total Umits of Liability hereunder. United Stoteslnternal Revenue Documentary Stamps in Are amount shown above, applicable to this insurance have been affixed to the Accounts copy of this endorsement. The low provides for no Federal Tax refund once the Insurance attaches. THE EFFECTIVE DATE OF THIS ENDORSEMENT IS siu _ f 1971 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF CERTIFICATE NO. ISSUED TO T1111letnsr I'm Ao1iat"81- its DATE OF ISSUE: June Tat i9li SOUTHERN MARINE & AVIATION, INC. SOUTHERN MARINE & AVIATION UNDERWRITERS, INC. ❑ S.M. FORM NO, 415 11 /10 /67I "u END. NO. 4 B 4 y �w(((��� PREMIUM $ Nil • FEDERAL TAX $ • STATE TAX $ NOISE AND POLLUTION AND OTHER PERILS EXCLUSION CLAUSE 1. This policy does not cover claims directly or indirectly occasioned by happening through or in consequence of: (a) noise (whether audible to the human ear or not), vibration, sonic boom and any phenomena associated therewith, (b) pollution and contamination of any kind whatsoever, (c) electrical and electromagnetic interference, (d) interference with the use of property; unless caused by a crash explosion or collision or a recorded in -flight emergency causing abnormal aircraft operation. 2. With respect to any provision in the policy concerning any duty of Underwriters to investigate or defend claims, such provision shall not apply and Underwriters shall not be required to defend (a) claims excluded by Paragraph 1 or (b) a claim or claims covered by the policy when combined with any claims excluded by Paragraph 1 (referred to below as "Combined Claims "). 3. In respect of any Combined Claims, Underwriters shall (subject to proof of loss and the limits of the policy) reimburse the Insured for that portion of the following items which may be allocated to the claim or claims covered by the policy: (i) damages awarded against the Insured and (ii) defense fees and expenses incurred by the Insured. 4. Nothing herein shall override any radioactive contamination or other exclusion clause attached to or forming part of this policy. AV46A United States Internal Revenue Documentary Stamps in the amount shown above, applicable to this insurance have been affixed to the Accounts copy of this endorsement. The law provides for no Federal Tax refund once the Insurance attaches. THE EFFECTIVE DATE OF THIS ENDORSEMENT IS ,run& 1 1971 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF CERTIFICATE NO. 1 f 1Rf ISSUED TO: Ta11raimt. AldattQ161W. DATE OF ISSUE: hW4 V,1. 1q71 S.M. 493 (REV. 2/71) END. NO. 3 SOUTHERN MARINE & AVIATION, INC. SOUTHERN MARINE & AVIATION UNDERWRITERS, INC. ❑ AVIATION RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE (GENERAL) (Approved by Lloyd's Aviation Underwriters Association) (1) This policy does not cover (a) lass or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom (b) any legal liability of whatsoever nature directly or indirectly caused or contributed to by or arising from ionising radiations or contamination by radioactivity from any source whatsoever. (2) Loss, destruction, damage, expense or legal liability which, but for the provisions of paragraph (1) of this Clause, would be covered by this policy, and is directly or indirectly caused or contributed to by or arises from ionising radiations or contamination by radioactivity from any radioactive materials in course of carriage as cargo under International Air Trans- port Association regulations, shall (subject to all the other provisions of this policy) be covered, provided that: (a) it shall be a condition precedent to the liability of the Underwriters that the carriage of any radioactive materials shall in all respects comply with the current regulations issued by the International Air Transport Association re- lating to the carriage of restricted articles by air; (b) the loss, destruction, damage, expense or legal liability shall have occurred or arisen during the period of this (b policy, and any claim by the Assured against the Underwriters or by any claimant against the Assured shall have been made within three years after the date of the occurrence giving rise to the claim. (c) in the case of any claim by virtue of this paragraph (2) under the Hull section of this policy, the level of contam- ination shall have exceeded the maximum permissible level set out in the following scale:— Emitter Maximum permissible level Of non -fixed radioactive surface contamination Alpha emitters in Group 1 of the (Averaged over 300 cmg) IAEA list of radioisotopes (IAEA Health and Safety Series Not exceeding 10-5 No. 6) microcuries per cm2 All other substances Not exceeding 10'4 microcuries per amg (d) the cover afforded by this paragraph (2) may be cancelled at any time by the Underwriters giving seven days' notice of cancellation. United States Internal Revenue Documentary Stamps in the amount shown above, applica6le to this insurance hove been affixed to the Accounts copy of this endorsement. The law provides for no Federal Tax refund once the insurance attaches. THE EFFECTIVE DATE OF THIS ENDORSEMENT IS Jime 1. _tol1 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS ENDORSEMENT 15 ATTACHED TO AND MADE A PART OF CERTIFICATE NO. I I TR7 ISSUED 70: - ii0Di Inca DATE OF ISSUE: Jose,!, 971 SOUTHERN MARINE & AVIATION, INC. BY 4/5/64 END NO. a A. V. 39 IT ffi ' MILEB`:.' UNDFRSTOCD AND AG1tiu.ED THAT: i. The Amouata of Indemnity shown under Item No. "awe. As renuects Section I- 5 of the Schedule are as Bodily Injury $530,000.00 any one person /$1,000,0W96 any one accident/ occurrence Property Damage $250, 000.00 any one accidentl occurrence Contractual Liability: Bodily Injury $500,0 =30.00 say one person /$1,000,000.00 any one accident /occurrence Property Damage $500, 000.00 any one persons occurrence AS reapects Section li: $100, 000. 00 each aircraft /$200, 000.00 each accident As res, acts :section lll: Bodily Injury $100, 000.00 any one person /$100, 0013. 00 any one accidentioccurrence. Property Damage x100, 000.00 any one accidents occurrence. 2. A Deductible of $250.00 shall apply as respects each and every claim applicable under Section II. 3. This policy shall not be cancelled nor Lhe amounts of coverage herein provided reduced until thirty (30) days after the lessor shall have received` written notice of such cancellationor reduction, as evidenced by return receipt of registered mail. 4. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached hereto, it ins agreed that the County of Orange is a co- insured hereunder covering all operations of the lessee or sub - lessees or his employee or the county. S. LESSEE shall inderanify and save harmless LESSOR, its officers, agents and employees, from and against any and all claims, demands, loss or liability of any kind or mature which LESSOR, its officers, agents and employees may sustain or incur, or which may be Imposed upon thorn or any of them for injury to, or death of, persons, or damage to property arising out of or in any manner connected with the negligence or lack of care of T-19 ME, its officers, agents or employees in use of the llernised Premises, including the use of the Orange County Airport and its facilities. The effective date of this endorsement is June 1, 1971 This endorsement is attached to and made a part of Certificate 11757 Issued ton Tallnzantz Aviation. Inc. Date of Issue:.lune 21, 19?1 SOtITT: RN MARINE & AVIATION, INC. BY' .GCS- t;�.,v, Endorsement No. 1 • A R I E L AIRPORT OWNERS AND OPERATORS LIABILITY INSURANCE THE UNDERWRITERS hereby agree to the extent and in the manner hereinafter provided, to pay on behalf of the Assured all sums which the Assured shall become legally obligated to pay or by final judgment by adjudged topayup to but not exceeding the amounts specified in the Schedule, to any person or persons as damages (a) for bodily injury including death at any time resulting therefrom (hereinafter referred to as bodily injury) or (b) for loss of or damage to property of others (hereinafter referred to as property damage) caused by accident occurring during the period mentioned in the Schedule and arising out of the hazards set forth in Sections 1, 2 and 3 below. SECTION 1 Bodily injury or property damage (a) in or about the premises specified in the Schedule, as a direct result of the services granted by the Assured (b) elsewhere in the course of any work or of the performance of any duties carried out by the Assured or his employees in connection with the business or operations specified in the Schedule, caused by the fault or negligence of the Assured or any of his employees engaged in the Assured's business or.by any defect in the Assured's premises, ways, works, machinery or plant used in the Assured's business. THIS SECTION IS SUBJECT TO THE FOLLOWING EXCLUSIONS: 1. Loss of or damage to property owned or occupied by or in the care, custody or control of the Assured or of any servant of the Assured, but this exclusion shall be deemed not to apply to vehicles that are not the property of the Assured whilst on the premises specified in the Schedule. 2. Bodily injury or property damage caused by (a) any mechanically propelled vehicle which the Assured may cause or permit any other person to use on the road in such a manner as to render them responsible for insurance under any domestic or international law appertaining to road traffic, or where no such law exists, whilst such vehicle is on any public highway. (b) any Ships, Vessels, Craft or Aircraft owned, chartered, used or operated by or on account of the Assured, but this ex- clusion shall be deemed not to apply to aircraft owned by others which are on the ground and for which indemnity is otherwise granted under Section 2 of this Policy, whether such Section is insured hereunder or not, 3. Bodily injury or property damage arising out of any Airmeet, Air Race, or Air Show, nor any stand used for the accommo- dation of spectators in connection therewith, unless previously agreed by Underwriters. 4. Bodily injury or property damage arising out of construction of, demolition of or alterations to Buildings, Runways, or In- stallations by the Assured or his contractors or sub - contractors (other than normal maintenance operations) unless previously agreed by Underwriters. S. Bodily injury or property damage arising out of any goods or products manufactured, constructed, altered, repaired, serviced, treated, sold, supplied or distributed by the Assured or his employees after such goods or products have ceased to be in the possession or under the control of the Assured, but this exclusion shall be deemed not to apply to the supply, by the Assured, of food or drink at the premises specified in the Schedule, SECTION 2 Loss of or damage to Aircraft or Aircraft equipment, not the property of the Assured, whilst on the ground in the care, custody or control of the Assured. THIS SECTION IS SUBJECT TO THE FOLLOWING EXCLUSIONS: (a) Loss of or damage to robes, wearing apparel, personal effects or merchandise of any description. (b) Loss of or damage to Aircraft or Aircraft equipment, hired or leased by or loaned to the Assured. (c) Loss of or damage to any Aircraft while in flight as defined. SECTION 3 Bbdily injury or property damage arising out of the possession, use, consumption or handling of any goods or products manufac- tured, constructed, altered, repaired, serviced, treated, sold, supplied or distributed by the Assured or his employees after such goods or products have ceased to be in the possession or under the control of the Assured. THIS SECTION 1S SUBJECT TO THE FOLLOWING EXCLUSIONS: (a) Damage to the property of the Assured or to property within his care, custody or control. (b) The cost of repairing or replacing any defective goods or products manufactured, constructed, altered, repaired, serviced, treated, sold, supplied or distributed by the Assured or any defective part or parts thereof. (c) Loss arising out of improper or inadequate performance, design or specification but this exclusion shall be deemed not to apply to bodily injury or property damage as insured hereby resulting therefrom. (d) Loss of use of any Aircraft not actually lost or damaged in an accident giving rise to a claim hereunder. EXCLUSIONS APPLICABLE TO ALL SECTIONS OF THIS POLICY: - 1. THIS POLICY DOES NOT COVER liability for bodily injury to any person, who at the time of sustaining such injury is en- gaged in the service of the Assured or acting on his behalf, or liability for which the Assured or his insurer may be held liable under any workmans compensation, unemployment compensation or disability benefits law or any similar law. 2. THIS POLICY DOES NOT COVER the cost of making good any faulty workmanship for which the Assured, his employees, contractors or subcontractors may be liable (but this limitation shall not exclude resulting damage arising out of such faulty workmanship.) 3. THIS POLICY DOES NOT COVER liability assumed by the Assured by Agreement under any Contract unless such liability would have attached to the Assured even in the absence of such Agreement. 4. THIS POLICY DOES NOT COVER liability of the Assured directly or indirectly occasioned by, happening through or in consequence of War, invasions, act of foreign enemy, hostilities (whether War be declared on not), civil war, rebellion, revolution, insurrection or military or usurped power. 5. THIS POLICY DOES NOT COVER liability arising out of the operation of an airfield control tower unless previously agreed by Underwriters. 6. Each section of this Policy excludes liability which is or would be covered under any other section of the Policy, whether such other section is insured hereunder or not. 7, This Policy is subject to the attached Radioactive Contamination exclusion clause. PAYMENT OF COSTS: In addition to the limits set out in the Schedule, Underwriters will pay all legal and other costs incurred with their consent in the defence of any claim made against the Assured, ATTACHED TO AND FORMING PART OF ISSUED TO: rojivr t Water DATED AT: Los ♦ fteles. CaMoii1a By: This day of Jam.._._— 19-?t— . (OVER) S.M. 419 (3/67) PAGE 1 OF 2 PROVIDED THAT in the event of their requiring any claim to be contested (a) If the claim be successfully resisted by the Assured the Underwriters will pay all costs, charges and expenses incurred by the Assured in connection therewith up to butnot exceeding the sum insured under this Policy. (b) If a payment exceeding the sum insured has to be made to dispose of a claim, the liability of Underwriters to pay any costs, charges and expenses in connection therewith shall be limited to such proportion of the said costs, charges and expenses as the sum insured by this Policv bears to the amount paidto dispose of the claim. DEFINITIONS: 1, ACCIDENT. The word "accident" shall be understood to mean an accident or series of accidents arising out of one event or occurrence. 2. FLIGHT. The term "in flight" means the time commencing with the actual take off run of the aircraft and continuing thereafter until it has completed its landing run. GENERAL CONDITIONS: 1. Upon the happening of any accident likely to give rise to a claim under this Policy or upon the receipt by the Assured of no- tice of any claim or of any other subsequent proceedings, notice in writing with full particulars shall be given to the Under- writers as soon as possible after same shall come to the knowledge of the Assured or the Assured's representative. Every letter, claim, writ, summons or process shall be forwarded to Underwriters immediately on receipt by the Assured. 2. All notices as specified above shall be given by the Assured to the person(s) or firm named for the purpose in the Schedule, 3. liany claim under this Policy is also covered in whole or in part by any other insurance, the liability of Underwriters shall be limited to their rateable proportion of such claim. 4. If the Assured shall make any claim knowing the same to be false or fraudulent as regards amount or otherwise, thla Policy shall become void, and all claims hereunder shall be forfeited. 5, This Policy may be cancelled at any time at the written request of the Assured or may be cancelled by or on behalf of the Underwriters provided 15 days notice in writing be given. (Where 15 days notice is contrary to the law or statute then the minimum period that is permitted shall be substituted therefor.) If the Policy shall he cancelled by the Assured the Underwriters shall retain the earned premium hereon for the period that this Policy has been in force calculated in accordance with the basis in the Schedule, or the start rate proportion of the minimum premium, calculated in accordance with the customary scale whichever is the greater. If the Policy shall be cancelled by Underwriters they shall retain the earned premium hereon for the period that this Policy has been in force, calculated in accordance with the basis in the Schedule or pro .rata of the minimum premium whichever is the greater. Notice of cancellation by the Underwriters shall be effective even though the Underwriters make no payment or tender of return premium, 6. It is a condition precedent to the right of the Assured to he indemnified under this Insurance that (a) If after this Insurance has been effected, the risk is materially altered, such alterations must be notified in writing to the Underwriters immediately. (b) No liability shall he admitted and no admission, arrangement, offer, promise or payment shall he made by the Assured without the written consent of Underwriters, who shall be entitled, if they so desire, to takeover and conduct in the name of the Assured the defence of any claim or to prosecute in the name of the Assured for their own benefit any claim for indemnity or damage or otherwise against any third party, and shall have full discretion in the conduct of any negotia- tions or proceedings or the settlement of any claim, and the Assured shall give all such information and assistance as Underwriters may require. (c) The Assured shall and will at all times exercise reasonable care in seeing that the ways, implements, plant, machinery and appliances used in the Assured's business are substantial and sound and in proper order, and fit for the purpose for which they are used, and that all reasonable safeguards and precautions against accidents are provided and used. (d) The Assured shall comply with all International and Government Regulations and Civil Instructions. SCHEDULE 1. THE POLICY NUMBER IS: 2, THE NAME AND ADDRESS OF THE ASSURED ARE: - 3. THE NATURE OF THE ASSURED'S BUSINESS OR OPERATION IN RESPECT OF WHICH THE POLICY IS EFFECTED IS: - 4. THE PLACE(S) IN OR ABOUT WHICH THE INDEMNITY GRANTED BY THE POLICY IS TO APPLY IS (ARE): 5. THE AMOUNT OF INDEMNITY SHALL NOT EXCEED: - Section 1. As wkdoreed any one accident Section 2. As rZodoihiaid any one accident Section 3. ai >Ol�Afl any one accident and in the aggregate arising out of all accidents occurring during any one annual period of Insurance. 6. THE DEPOSIT PREMIUM IS - -3 --a 690.00 . THE MINIMUM PREMIUM 15 AND SHALL BE SUBJECT TO ADJUSTMENT AS FOLLOWS: 7. THE PERIOD OF INSURANCE IF FROM . TO j=0 i a 8. THE NAME AND ADDRESS OF PERSON(S) OR FIRM TO.WHOM ALL NOTICES SHALL BE GIVEN 1S: - 9. THE DA'V'E OF THE PROPOSAL IS'. - +...�- S.M. 419 W671 - 2 OF 2 . . . S.M. 189 • CERTIFIED COPY • This is a certified copy of Certificate - 11757 as issued to TALLMANTZ AVIATION, INC. This certified copy confers no rights to the holder, it being merely a memorandum of the issuance of said policy and is given only as a matter of information. SOUTHERN MARINE & AVIATION =EffKl3aW ;: INC. By Z-40 .1ps MP �✓v���.� CERTIFICATE EFFECTED WITH 3n5urantr Compauitg No. 11757 PREVIOUS NO. 11355 This is to certify that the undersigned have procured insurance as hereinafter specified from certain Insurance Companies, (hereinafter called the "Underwriters ") through our brokers in London, England. Amount $ As per Form Rate __ Premium $ 35O no 3.435% Federal Tax $ 125, 38 3 %u State Tax Policy Charge $ t 0 - 011_. 5/10% Stamping Fee 18.25 In Consideration of the Stipulations herein named Does Insure Tallmantz Aviation, Inc. Whose address is Orange County Airport, Santa Ana, California From June 1, 1971 =12:01 a. m, >, to June 1, 1972 -12:01 a. m. ate, Standard Time at place of issuance. Hereon:_35_$$% %apf the amount and premium stated herein. It is understood and agreed that this Certificate shall run concurrently with and be subject to the same gross rate, terms and conditions and endorsements as more j articularly set forth in and /or as may from time to time be added to Certificate No.- -11757 issued by Lloyd's Underwriters on the identical subject matter and risk. This Certificate is made and accepted subject to the foregoing stipulations and conditions, and to the conditions printed on the back hereof, which are specially referred to and made a part of this Certificate, together with such other provisions, agreements or conditions as may be en- dorsed hereon or added hereto; and no office, agent or other representative of the Undersigned shall have power to waive or be deemed to have waived any provision or condition of this Certifi- cate unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting this Certificate exist or be claimed by the Assured unless so written or attached. This document in intended for use as evidence that insurance described herein has been effect- ed against which a policy(ies) will be issued and that in the event of any inconsistency therewith the terms and conditions and provisions of the policy(ies) prevail. Immediate advice must be given of any discrepancies or necessary changes. s- n ImatEb at Los Angeles, Calif., this 21st clay of June 1971 4= This is to certify that the Federal Excise Tax applicable to premium charged by this Certifi- SOUTHERN MARINE & AVIATION, INC. cate has been paid as required by the U. S. Government and for evidence of this reference may be made to documents on file with SOUTHERN MARINE 'v AVIATION, INC. Ry .... ........./_....,__ ?' h...__^__/ . ---------------- .--- .- --------- �A� u uu✓un,�uuu uu�u�^uuU ^ w ✓^�,n, " w ., � i�� ✓. >��u����u� SO CERTIFICATE PROVISIONS I. It is specifically understood that the names of the Assurers hereunder are on file in the office of our Brokers in London, England, and will be on file in the office of the undersigned, upon being forwarded to us by our London Brokers. 2. It is expressly understood and agreed by the Assured by accepting this instrument that the undersigned is not one of the Underwriters or Assurers hereunder and neither is nor shall be in any way or to any extent liable for any loss or claim whatever, as an Assurer, but the Assurers hereunder are only those Underwriters whose names are on file as hereinbefore set forth. 3. This Certificate of Insurance shall not be assigned either in whole or part, without the written consent of the Undersigned endorsed hereon. 4. This insurance is made and accepted subject to all the provisions, conditions and warranties set forth herein and in any forms or endorsements attached hereto, all of which are to be considered as incorporated herein, and any provisions or conditions appearing in any forms or endorsements attached hereto which alter the Certificate provisions stated above shall supersede such Certificate pro- visions in so far as they are inconsistent therewith. 5. It is agreed that in the event of the failure of Underwriters hereon to pay any amount claimed to be due hereunder, Under- writers hereon, at the request of the Insured or reinsured, will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. It is further agreed that service of process in such suit may be made upon 3b&and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/ or upon the request of the insured (or reinsured) to gige a written undertaking to the. insured (or reinsured) that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision herefor, Underwriters hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other office specified for that purpose in the statute or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured (or reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designate the above -named as the person to whom the said officer is authorized to mail such process or a true copy thereof. 6. This Certificate may be cancelled on the customary short rate basis by the Assured at any time by written notice or by the surrender of this Certificate to Southern Marine & Aviation, Inc., Los Angeles, California. This Certificatg may be cancelled, with or without the return or tender of the unearned premium, by the Underwriters or by Southern Marine & Aviation, Inc., Los Angeles, California, in their behalf, by delivering to the Assured, or by sending to the Assured by mail, registered, or unregistered, at the Assured's address as shown herein, not less than five days written notice, stating when the cancellation shall be effective, and in such case the Underwriters shall refund the paid premium less the earned portion thereof on demand, subject always to the reten- tion by underwriters, hereon of any minimum premium stipulated herein (or proportion thereof previously agreed upon) in the event of cancellation either by Underwriters or Assured. 7. This Certificate shall not be valid unless signed by SOUTHERN MARINE & AVIATION, INC. TOPUS AND HARDING. INC. 3440 WILSHiRc' 130CILEVARD LOS ANGELES, CAU4NIA 90005 S.M. 189 i CERTIFIED COPY _ • This is a certified copy of Certificate - 11757 as issued to TALLMANTZ AVIATION, INC. This certified copy confers no rights to the holder, it being merely a memorandum of the issuance of said policy and is given only as a matter of information. SOUTHERN MARINE & AVIATION)JOG"'f , INC. BY Attached to and forming part of Certificate No. 11757 Issued to: Tallmants Aviation, Inc. Effective: June 1, 1971 It is hereby understood and agreed that the security with Insurance Companies is as follows: 7.258% Orion Insurance Company Ltd., ' T' 1.008% Victoria Insurance Company Ltd., 1.814% London & Overseas insurance Company Ltd., 10.080% Phoenix Assurance Company Ltd., 12.097% British Aviation Insurance Company Ltd., 4.032% Cornhill Insurance Company Ltd., 4. 032% Sovereign Marine & General insurance Company Ltd., Z. 016% Sphere Insurance Company Ltd., Z. 016%s Drake Insurance Company Ltd., 8.065% Guardian Royal Exchange Group (Avu) 1 0.081% Minster Insurance Company Ltd., 8.065% (La Concorde Compagnie d'Assurances (per Robert Malatier Ltd., (London) 8.065% Bitish Law Insurance Company Ltd., No. 2 A /c. 4.032% Commercial Union Assurance Company Ltd., 2.436% (London & Edinburgh General Insurance Company Ltd., .693% ( Compagnie d'Assurances Maritimes, Aeriennes et Terrestres .097% (Federal Insurance Company Ltd., (per Westminster Aviation Insurance Group 85.987% All other terms and conditions remain unchanged. SOUTHERN MARINE & AVIATION, INC.J SOUTHERN MARINE & AVIATION UNDERWRITERS, INC. Q S.M. 431 0 March 25, X971 Tallma ntz Aviation, Inc. County Airport Santa Ana, CA 92707 41 Subject: E3elicupter Maintenance ARreenent Amendment Attached is your copy of the Amendment to our Agzeenent No. 0-1322 covering service, maintenance and inspection of two helicopters. This amendment was authorized by Resolution No. 7393 adopted by the City Council of the City of Newport Beach at its regular meeting on March 22, 1971. Laura Lagios City Cleric LL:swk enc. ec: Polioe Chief City Attorney Finance Director AMENDMENT TO AGREEMENT (Helicopter Maintenance) v ✓ ✓✓ THIS AMENDMENT TO AGREEMENT, made and entered into this 2+/ day of 14A?,pG 14 , 1971, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and TALLMANTZ AVIATION, INC., a California corporation, hereinafter referred to as "Tallmantz "; WITNESSETH: WHEREAS, City and Tallmantz entered into an agreement entitled "Helicopter Maintenance Agreement ", dated October 19, 1970, wherein Tallmantz agreed to perform the necessary FAA- approved service, maintenance and inspection on the two City -owned Hughes helicopters; and WHEREAS, it was agreed between the parties that the hourly rate to be paid to Tallmantz for the above services would be subject to renegotiation after February 1, 1971; and WHEREAS, the parties hereto wish to establish a new hourly rate for the services to be performed in accordance with said Helicopter Maintenance Agreement; NOW, THEREFORE, the parties hereto agree as follows: v 1. The Helicopter Maintenance Agreement dated October 19, 1970, is hereby amended to revise the first paragraph of Section I, "PAYMENT FOR SERVICES ", to read: "Effective as of February 1, 1971, the price to be paid to TALLMANTZ for the services to be performed hereunder shall be as follows: $28.00 per hour, including fuel and oil." IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement as of the date first above written. CITY OF NEWPORT BEACH, a municipal corporat� By: f.��- Mayor ATTEST: City CIerk THS:adw 3/12/71 TALLMANTZ AVIATION, INC., a TALLMANTZ RESOLUTION NO. 7 3 9 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING EXECUTION OF AN AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND TALLMANTZ AVIATION, INC., FOR AN INCREASE IN THE HOURLY RATE FOR SERVICE AND MAINTENANCE OF POLICE HELICOPTERS WHEREAS, there has been presented to the City Council of the City of Newport Beach an amendment to the Helicopter Maintenance Agreement dated October 19, 1970, between the City of Newport Beach and Tallmantz Aviation for the regular service, maintenance and inspection of the two Newport Beach Police Department helicopters; and WHEREAS, under the terms and conditions of said Agreement, it was agreed that the hourly rate for the services to be performed would be re- negotiated after February 1, 1971; and WHEREAS, said Amendment to Agreement establishes a new hourly rate to be paid to Tallmantz Aviation, Inc., for the above . described services, and the City Council has found the increase to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Amendment to Agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ATTEST: City Clerk ADOPTED this 7� 1T.L day of 1971. Mayor THS:adw 3/16/71 --73 f 3 VIAR 4 u IM CITY OF NEWPORT BEACH By }he CITY COUNCIL Office of CITY c�" RFAGH CITY ATTORNEY To: The Honorable Mayor and Members of the City Council From: City Attorney 0 Subject: Helicopter Maintenance Agreement March 22, 1971 C j The agreement for helicopter maintenance entered into on October 19, 1970, provides that Tallmantz Aviation, Inc., shall furnish maintenance services to the City at the rate of $23.50 per hour, including fuel and oil. The agrement further provides that the hourly rate of $23.50 shall remain in effect until February 1, 1971, at which time it shall be subject to renegotia- tion. As of Frebruary 1, 1971, a new rate of $28 per hour was agreed upon between the Police Department and Tallmantz Aviation, and the City Council has previously approved a mid -year budget request reflecting the new hourly rate. The resolution which appears on the agenda would authorize amendment of the agreement to increase the hourly maintenance rate to $28, effective February 1, 1971. TULL .. SZzvxx City Attorney THS:mh Att. CC: City Clerk City Manager Chief of Police TO: FINANCE DIRECTOR FROM: City Clerk 9 DATE NowmbeT So 1970 SUBJECT: Contract No. 0-1322 Description of Contract Heliaoptw Mmintwmm Agnmo 't Authorized by Resolution No. 7304 , adopted on Effective date of Contract October 19. 1979 Contract with Talboamtz AviatlM+ Inc. Address Orange Qxff" AiZqWt Aota Ana, CA 92707 Amount of Contract 925.54 Per hr. Anal. fuel 9 Ul ac: Police Chlef Glevm W/ jw*, ^+ City Attar oy,N /q,�� tbl+obw 19, 1970 city 6lefk 4 0 Ai TALLMANTZ AVIATION, INC. w ORANGE COUNTY AIRPORT SANTA ANA, CALIFORNIA 92707 KIMBERLY 51193 /MADISON 9 .2770 NOVEMBER 4, 1970 CITY OF NEWPORT BEACH L ln7„� CITY CLERK DEPARTMENT ( NEWPORT BEACH) CALIFORNIA T IF, tALH' ~\w ATTENTION; LAURA LAGIOS, CITY CLERK f � SUBJECT[ HELICOPTER MAINTENANCE AGREEMENT GENTLEMEN: IN ACCORDANCE WITH YOUR LETTER OF OCTOBER 26, 1970, WE ARE RETURNING HEREWITH THE FOLLOWING: HELICOPTER MAINTENANCE AGREEMENT DATED OCTOBER 19, 1970 BETWEEN THE CITY OF NEWPORT BEACH AND TALLMANTZ AVIATION, INC. RE HELICOPTERS Nos. N9626F AND N9627F SIGNED BY FRANK G. TALLMAN) PRESIDENT AND MARTHA MARCHAK, VICE PRESIDENT YOURS VERY TRULY, MARTHA MARCHAK MP VICE PRESIDENT ENCL. O R I G I N A L HELICOPTER MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this Z2_&, day of Chi , , 1970, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and TALLMANTZ AVIATION, INC., a California corporation, hereinafter referred to as "TALLMANTZ ". W I T N E S S E T H• WHEREAS, CITY has purchased two Hughes helicopters to be used in connection with its police and law enforcement facilities, said helicopters bearing Numbers N9626F and N9627F , respectively, and having Serial Numbers 034 and 040, respectively; and WHEREAS, CITY is desirous to have said aircraft serviced, maintained and inspected in accordance with FAA regu- lations and requirements; and WHEREAS, TALLMANTZ is equipped to perform the services as set forth in this Agreement, and is desirous to do so; and WHEREAS, the parties hereto wish to set forth their rights, duties and liabilities hereunder: NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: I. PAYMENT FOR SERVICES The price to be paid to TALLMANTZ for the services to be performed hereunder shall be as follows: $23.50 per hour, including fuel and oil. This foregoing hourly rate shall remain in effect until February 1, 1971, at which time it shall be subject to re- negotiation. If the parties are unable to reach agreement on a new hourly rate, either party may terminate this agreement by giving written notice of termination. -1- For the above hourly rate, TALLMANTZ agrees to perform the following services; 1. Inspection and Maintenance At the factory recommended inspection times, the aircraft will be brought to TALLMANTZ for the appropriate inspection and required maintenance. All other unscheduled maintenance will be performed at TALLMANTZ whenever practical. However, on -site field repairs can be made when necessary to keep the aircraft operational, or when certain repairs are required before the aircraft can be flown. The ferry time to and from TALLMANTZ will be performed by customer's personnel. Labor to perform these operations is included in the hourly price. 2. Parts Included in the hourly rate are all mainte- nance replacement parts needed as a result of ordinary wear and tear. (In addition to maintenance replacement parts, there will be included ANY hardware, special oils and hydraulic fluid, tail rotor boots, main rotor boots, tail rotor bumpers, tangwashers, 110" rings of all types, gaskets of all types, small roller bearings, snap plugs, NAS and MS fittings and cables, springs of all types, seals of all types, fabric ducts of all types, all fuses; plastic components will be limited to instrument console parts, rotating beacon supports, and "V" belt inspection covers). All damage or repairs not resulting from ordinary wear and tear will be charged in addition to the hourly rate at list price for labor and parts. 3. Limited Life Replacement At the recommended replacement time, all limited life items will be replaced or overhauled at no charge including labor to make the replacement in accord with standards established by the Federal Aviation Administration. -2- 4. Engine Overhaul and Engine Change Agreement The labor to overhaul, remove and install the engine is included in the hourly rate. The normal and usual replacement parts as included in Lycoming's Engine Over- haul Kit are also included. 5. Fuel and Oil The cost of all fuel and oil is included in the hourly rate. II. INVOICING It is understood and agreed by and between the parties hereto that TALLMANTZ shall..base its billing at: the'. above hourly rates upon the time recorded from engine instruments within each.of the above numbered aircraft and that CITY shall be invoiced monthly with the amount to be based upon the time from the engine instruments and the hourly rate agreed upon herein. III. COMMUNICATION EQUIPMENT EXCEPTED This Agreement applies to all maintenance of the helicopters with the exception of the communication equipment. IV. FIELD REPAIRS Field repairs inside the City limits of Newport Beach will be made as part of this Agreement. V. TERM The term of this agreement shall commence on the date shown on the introductory paragraph on page 1 hereof and shall continue until June 30, 1971. VI. TALLMANTZ agrees to have its insurer name CITY as an additional insured under its policy of liability insurance and further agrees to defend, indemnify and save the CITY harmless against any claims, liability or judgments arising from any -3- E alleged negligence of TALLMANTZ arising out of or related to its performance of services for CITY pursuant to this contract. TALLMANTZ's obligations to indemnify and save CITY harmless shall be limited to the maximum coverage afforded under said insurance policy. A copy of said policy shall be filed with the City Clerk and shall contain an agreement by the insurer that it will not terminate or reduce the insurance protection furnished to CITY without first giving CITY thirty (30) daysq prior written notice thereof directed to the City Clerk. Said policy shall provide minimum coverages in the following amounts: Bodily Injury ........ $500,000.00 any one person $1,000,000.00 any one accident/ occurrence Property Da*wLge ...... $250,000.00 any one accident/ occurrence In the event that this Agreement is terminated by either party, TALLMANTZ shall return to CITY all parts purchased and monies set aside for engine overhaul and replacement of limited life items that have not been committed as of the date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. APPROVED AS TO FORM /i cityeJLtorne g� CITY OF NEWPORT BEACH, a municipal corporation By: zze- Mayor Attest: AO-Ll ., Q a City Clerk _T iT —� CITY TALLMANTZ AVIATION, INC., a California corp tion By °� By: TALLMANTZ Im THS:mh 10/15/70 I ,a i CIT. =C October 26, 1970 Chief of Police City Clerk Helicopter Maintenance Agreement Enclosed for transmittal to Tallmants Aviation, Inc. for signature are two copies of the Helicopter Maintenance Agreement which have been executed by the City. After they have been signed by Tallmants, please return a fully executed copy to this office for our files. Execution of this agreement was authorised by the Council at its meeting of August 19 by the adoption of Resolution No. 7300. dg Encl. (2) Ly LAURA LAOIOS CITY CLERK By .�2,73od k • 6W CITY OF NEWPORT BEACH • OFFICE OF THE CITY MANAGER October 14, 1970. TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: HELICOPTER MAINTENANCE AGREEMENT Following are comments on subject agreement which are intended to clarify questions posed at your October 12, 1970 discussion meet- ing. 1. Page 1, Payment for.Services. The price of Twenty -Three Dollars and Fifty Cents ($23.50) per hour is based upon actual engine running time. The date of February 1, 1971 was agreed upon because Tallmantz wants to experience their cost factor and renegotiate the contract based upon experiences to said date. 2. Page 2, Inspection and Maintenance. Whenever the aircraft is "set down" at a location other than at Tallmantz facility because of mechanical problems, said company will send maintenance personnel via police department mobile equipment to make necessary repairs so that the aircraft is operational. The pilot must concur that the aircraft is operational before attempt- ing flight and this mechanical service is included in the price of Twenty -Three Dollars and Fifty Cents ($23.50) per hour of actual recorded engine running time. 3. Page 2, Parts. The last sentence refers to "pilot error" such as "hard landings ", hitting of obstacles, etc., which are not the fault of mechanical parts. 4. Page 3, Term. This date was agreed upon because it coincides with our City budget year. 5. Page 3, "Insurance ". The City Attorney's Office is reviewing this factor and will make appropriate recom- mendations. 6. At the present time, a joint powers maintenance program encompassing the Cities of Costa Mesa, Huntington Beach, and Anaheim does not appear feasible for the following reasons: * Costa Mesa's agreement with Tallmantz Aviation Company does not expire until July 1, 1971. Additionally, they have no facilities, equipment, nor personnel to perform maintenance. .t R i 0 0 HELICOPTER MAINTENANCE AGREEMENT October 14, 1970 Page 2 * Huntington Beach has a facility but their helicopters are a different model and most of.the components vary from our required usage. They are not prepared at this time to expend thousands of dollars to stock our needed supplies. In addition, scheduling of maintenance would present a problem. They would have to subordinate our needs to theirs. Whenever any conflict occurred, our air- craft would be "grounded" until such time that they would perform maintenance for us without inconvenien- cing their air patrol program. * The 300 -C is a new model aircraft and Tallmantz Avia- tion, a "Certified Hughes Service Center ", presently has more experience with "C" Model maintenance than any other facility in the State of California. * Maintenance by a "Certified Hughes Service Center" is advisable while the aircraft are new. We have already discovered several "bugs" and the Hughes Tool Company is in a position where they are forced to be "very responsive" to our needs at no additional cost to us. * Tallmantz Aviation has hired what we believe to be the best helicopter mechanics "on the market ", and they are available 24 -hours a day, 7 -days a week at no additional cost to us. • Tallmantz Aviation has stocked all parts necessary for "C" Model maintenance. No other facility in Orange County is available. • Tallmantz Aviation is at the edge of our City limits and therefore, no "flight time ", which represents money, is lost in "ferrying" the aircraft to a dis- tant maintenance facility. The aircraft will normally land at a maintenance facility at least every two hours for gasoline and safety inspection. • Whenever "emergency call -out" situations occur, the aircraft should be hangared at a location nearest our City. Tallmantz Aviation is presently the closest location available. In summation, the proposed agreement with Tallmantz Aviation ex- pires June 30, 1971, at which time the City can elect to change HELICOPTER MAINTENANCE October 14, 1970 Page 3 maintenance facilities if one is available. In the interim, the staff will continue to explore the feasibility of consolidation of maintenance services for submission in the 1971 -1972 budget. HARVEY L. HURLBURT • e7300 CITY OF NEWPORT BEACH Office of CITY ATTORNEY To: The Honorable Mayor and Members of the City Council From: City Attorney F -2 October 19, 1970 Subject: Revision of Helicopter Maintenance Agreement As a result of the questions raised at the Council meeting on October 12, 1970, the following modifications have been made to the Helicopter Maintenance Agreement: 1. At the bottom of page 1, language has been added for purposes of clarification stating that either party may terminate the agreement as of February 1, 1971, if they are unable to agree upon a revised hourly rate. 2. On page 4, the last part of the paragraph relating to insurance has been revised to specify the minimum amounts of coverage as presently carried by Tallmantz Aviation. UP TULL 3 !' H. O S OUR City Attorney THS:mh f 1 2 4 F F i F c 1C 1] 1 <` li 1� 1: lE 1' if 1S 2( 2: 2; 2; 2, 2! 21 2' Z 2' 3' 3. 3 0 0 HELICOPTER MAINTENANCE AGREEMENT THIS AGRE MENT, made and entered 1 70, by and between the a municipal corporat on, hereinafter refer TALLMANTZ AVIATION, I C., a California c r referred to as "TALLM2TZ ". WHEREAS, CITY' used in connection with said helicopters bearing respectively, and having and �/.32 2 t/ this day of SPY OF NEWPORT BEACH, to as "CITY ", and ation, hereinafter WITNESSETH� has purcha fd two Hughes Helicopters to be 1 heir Pol ce and Law Enforcement Facilities umber N9626F and N9627F S ria Numbers 034 and 040, respectively; WHEREAS, CITY is sirous to have said aircraft serviced, maintained and inspected a cordance with FAA regulations and requirements; and e WHEREAS, TAL TZ is equipped to perform the services as set forth in this agre ent and s desirous to do so; and WHEREAS, th parties he eto wish to set forth their rights,j I duties and liabiliti s hereunder: j NOW, THER ORE, THE PART S HERETO AGREE AS FOLLOWS: I The pric to be paid to TA LMANTZ for the services to be jl ;performed hereund r shall be as follo s: Twenty- hree Dollars and Fif y Cents ($23.50) per hour, including fu 1 and oil. This foregoing hourly rate shall remain in effect until February 1,\971, at which time it shall be subject to renegotiation. I j For the above hourly rate, TALLMANTZ agrees to perform the !following services: 1. Inspection and Maintenance. At the factory recommended inspection times, the aircraft a -1- l� I 21 3} 4i 5j 6 7 8j 9 10 11� 12 i'I 13 `1 14 , 15'!1 16 17' 18, 19 I 201 21 22 23 241 251, 26 27 281 2911 30, 31 321; i' i1 I �j will be brought to Tallmantz Aviation for the appropriate inspection and required maintenance. All other unscheduled maintenance will be performed at Tallmantz Aviation whenever practical. However, on -site field repairs can be,made when necessary to keep the aircraft operational or when certain repairs are required before the aircraft ca4ibe flown. The t ferry time to and fr m Tallmantz Aviatio4,.�will be performed by customer's personn 1. Labor to per drm these operations is included in the ho ly price. 2. Parts. a? ;r Included in the ho rly rate, re all maintenance replace- ment parts needed as a esult ordinary wear and tear. (In addition to maintenance eplement parts, there will be included ANY hardware, sp c`al oils and hydraulic fluid, tail rotor boots, main rotor b ts, tail rotor bumpers, tangwashers, "O" rings of all types, a ets of all types, small roller bearings, snap plugs, a d MS fittings and cables, springs of all types, seals o all t pes, fabric ducts of all types, all fuses, plastic c ponents will be limited to instrument console parts, rota ing beacon supports, and "V" belt inspection covers),( -r All damagd or repairs not resulting from ordinary wear and tear will, be charged in addition to the hourly rate at li"'st price for labor and parts. 3. Limited Lifp' Replacement. At the recommended replacement time, all limited life items will be replaced or overhauled at no charge including i labor to make the replacement in accord with standards established by ',the Federal Aviation Administration. 4. Engine Overhaul and Engine Change Agreement. The labor to overhaul, remove and install the engine is included in the hourly rate. The normal and usual replacement parts as included by Lycoming's Engine Overhaul Kit is also -2- l included. 5. The cost of all fuel and oil is included in the hourly rate. II It is understood and agreed by (hereto that TALLMANTrZ, shall base their b rates upon the time the above numbered a 91 with the amount to b 10 ments and the hourly 11� 12i This agree i from en and that based upon 'ate agreed 131 helicopters with the exti 14 f 11, i 15' Field repairs 16 be made as part of this 17 181 191 The term of 20j, shown on the introduc �1 211 continue until June 22 I ancY between the parties }.%ling at the above hourly instruments within each of CITY shall be invoiced monthly time from the engine instru- herein. s to all maintenance of the of the communication equipment. IV the city limits of Newport Beach will nt. V TERM 1 'a Lhis a' eem t. ory para�ra 1 1971. VI shall commence on the date on page 1 hereof and shall 231; INSURANCE 2411 TALLMANTZ: agrees to have its insurer name CITY as an r 251 additional insured tunder its policy of liability insurance and 2611 further agrees to defend, indemnify and save the CITY harmless 27, against any claims,}= liability or judgments arising from any alleged 28ijnegligence of TALLMA9TZ arising out of or related to its performance 291�jof services for CITY pursuant to this contract. TALLMANTZ'S 30,jobligations to indemnify and save CITY harmless shall be limited to 31;lthe maximum coverage afforded under said insurance policy. A copy 3211of said policy shall be filed with the City Clerk and shall contain -3^ ...,.w. -s . i i lean agreement by the insurer that.it will not terminate or reduce I 2jlthe insurance protection furnished to CITY without first giving CITY 111. 3; thirty (30) days prior written notice thereof directed to the City 4; Clerk. i 5; In the event that this agreement is terminated by either 61party, TALLMANTZ shall return to CITY all parts purchased and monies N 7 set aside for engine overhaul d replacement of limited life items 8 that have not been committed asiof the date of termination. 9 10 11 I 12i 13� 14 I 15 11 17 18 19 20 21 I, 22' 2311 I f. 2411 25 261 27 jI II I 28 I1 291 30' 31 THS:adw 32i 9/25/70 APPROVED AS TO FORM CITY ATTORNEY. OF NEWPORT BEACH, a municipal ratio;" Att$St: Cali resid ME CITY TZ AVIATION, INC., a nia corporation TALLMANTZ /3 i P C73di1'xr 4 ii4i. 7 3 0 0. A RSOLETI(s OF MW CITY CAA IL OF CITY Or JUWP RT SPUX PANWORIZIM M 1a a'- '-V9I0X fir'_ .v �r�s�y�gi1LiR�tDlLb'T TW=1 �.�y C2'#`iF OF n�;:=rS:s�MT�S�ra�11C�Fy3�p MM NUHfEX OF POLIO :'.IGe3MR3 VI RLAAS, there has been presented to t"G City Council Of the city of Sawport beach a certain comitract hetween the City of ti a cost Beach .s.nd PALL +2WY is k.TI . ZYIC., ow t;, recrular servicing, maintenance and 4 tapertion of thff, t.vo Ne++POrt IW "ch 0olice Deg - rtmant helicopter, :3€zrlai boa. 134 end 0401 And PAM* the amity Council has considor,au tba t &rw and condition;4 of hekicopmcr mAintenance agreement and found th--w to bti fAr zFd e;-.uitL,bl+a1 NOW* TBXR FORE, M IT XWOLArE0 tb it laid contr:aet for th ervic.,a above de:3crib -3d is spprow , :ad the It yor and City CllerX are h(3reby Authorized and directed to execute the:, game an beh -alf of the City of Newport Beach. ADO thla !a-tA day of October, 1210. Mayor City Cler TFS� sash 10j1 ^s. /7i} 0 INSURANCE BROKERS SINCE 1915 CASS & 1OHANSING 23521 Paseo de Valencia, Suite 101, Laguna Hills, California 92653 CABLE ADDRESS "CAHANEINC- TELEPHONE 837 -2900 AA£A CODE ", Oct.12,1970 City of Newport Beach 3300 Newport Newport Beach Calif. Attention City Clerk Gentlemen: Re: Helicopter Maintenance Agreement In accordance with your Helicopter Maintenance Agreement with Tallmantz Aviation Inc. we are enclosing certified copy of Tallmantz's Airport Liability Insurance written in Lloyds Certificate #11355. The coverage has been extended per endorsement A, to comply with the insurance requirements as set forth in the agreement. We trust that you will find the above in order, however, if there are any questions please do not hesitate to contact us. e rrt J. .Reynol Ca and Johansing JSR :m encl. cc to Tallmantz Main Office: a9io Sunset Boulevard, Los Angeles, California 9ooz6 RECEIVED CITY CLERK OCT 11 1970& NEWpCily OF MACH CALIF ERTIFICATE EFFECTED WITH No. 11355 3n5urance Companiez PREVIOUS NO. New This is to certify that the undersigned have procured insurance as hereinafter specified from certain Insurance Companies, (hereinafter called the "Underwriters ") through our brokers in London, England. Amount $ As per form Rate -- Premium $2, 550. 00 3% State Tax $ 76. 50 Policy Charge $ 10.00 5/10% Stamping Fee 12.75 In Consideration of the Stipulations herein named Does Insure Tallmantz Aviation Inc. Whose address is Orange County Airport, Santa Ana, California From June 1, 1970 -12:01 a. m. mkxom,toJune 1, 1971 -12:01 a. m. 1WHO n, Standard Time at place of issuance. HereonB5_15977o of the amount and premium stated herein. It is understood and agreed that this Certificate shall nun concurrently with and be subject to the same gross rate, terms and conditions and endorsements �sl Wye particularly set forth in and /or as may from time to time be added to Certificate No._ issued by Lloyd's Underwriters on the identical subject matter and risk. This Certificate is made and accepted subject to the foregoing stipulations and conditions, and to the conditions printed on the back hereof, which are specially referred to and made a part of this Certificate, together with such other provisions, agreements or conditions as may be en- dorsed hereon or added hereto; and no office, agent or other representative of the Undersigned shall have power to waive or be deemed to have waived any provision or condition of this Certifi- cate unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting this Certificate exist or be claimed by the Assured unless so written or attached. This document in intended for use as evidence that insurance described herein has been effect- ed against which a policy(ies) will be issued and that in the event of any inconsistency therewith the terms and conditions and provisions of the policy(ies) prevail. Immediate advice must be given of any discrepancies or necessary changes. Wateb at Los Angeles, Calif., this 29th day of June 1970 This is to certify that the Federal Excise Tax applicable to premium charged by this Certifi- SOUTHERN MARINE & AVIATION, INC. cate has been paid as required by the U. S. Government and for evidence of this reference may be made to documents on file with <au�.. SOUTHERN MARINE & AVIATION, INC. By--------------------------------------------- ----- ----------- ------- - -- - - -- CERTIFICATE PROVISIONS 1. It is specifically understood that the names of the Assurers hereunder are on file in the office of our Brokers in London, England, and will be on file in the office of the undersigned, upon being forwarded to us by our London Brokers. 2. It is expressly understood and agreed by the Assured by accepting this instrument that the undersigned is not one of the Underwriters or Assurers hereunder and neither is nor shall be in any way or to any extent liable for any loss or claim whatever, as an Assurer, but the Assurers hereunder are only those Underwriters whose names are on file as hereinbefore set forth. 3. This Certificate of Insurance shall not be assigned either in whole or part, without the written consent of the Undersigned endorsed hereon. 4. This insurance is made and accepted subject to all the provisions, conditions and warranties set forth herein and in any forms or endorsements attached hereto, all of which are to be considered as incorporated herein, and any provisions or conditions appearing in any forms or endorsements attached hereto which alter the Certificate provisions stated above shall supersede such Certificate pro- visions in so far as they are inconsistent therewith. 5. It is agreed that in the event of the failure of Underwriters hereon to pay any amount claimed to be due hereunder, Under. writers hereon, at the request of the Insured or reinsured, will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. It is further agreed that service of process in such suit may be made upon =k Kw *wk and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/ or upon the request of the insured (or reinsured) to give a written undertaking to the insured (or reinsured) that they will enter a general appearance upon Underwriters behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision herefor, Underwriters hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other office specified for that purpose in the statute or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured (or reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designate the above -named as the person to whom the said officer is authorized to mail such process or a true copy thereof. 6. This Certificate may be cancelled on the customary short rate basis by the Assured at any time by written notice or by the surrender of this Certificate to Southern Marine & Aviation, Inc., Los Angeles, California. This Certificate may be cancelled, with or without the return or tender of the unearned premium, by the Underwriters or by Southern Marine & Aviation, Inc., Los Angeles, California, in their behalf, by delivering to the Assured, or by sending to the Assured by mail, registered, or unregistered, at the Assured's address as shown herein, not less than five days written notice, stating when the cancellation shall be effective, and in such case the Underwriters shall refund the paid premium less the earned portion thereof on demand, subject always to the reten- tion by underwriters, hereon of any minimum premium stipulated herein (or proportion thereof previously agreed upon) in the event of cancellation either by Underwriters or Assured. 7. This Certificate shall not be valid unless signed by SOUTHERN MARINE &AVIATION, INC. TOPLIS AND HARDMr, INC. 3440 YJl LCFII c Pu'5L`- ".47.D LOS ANCELES, CALIFJ.';..'A 9CO05 • * , 0 • CERTIFIED COPY This is a certified copy of Certificate - 11355 as issued to Tallmantz Aviation Inc. This certified copy confers no rights to the holder, it being merely a memorandum of the issuance of said policy and is given only as a matter of information. SOUTHERN MARINE & AVIATION k1HDEW1=HM INC. S.M. 189 Gfl . By Y. Attached to and forming part *rtificate No.11355 Issued torrallmantZ Aviation, Inc. Effective7une 1, 1970 It is hereby understood and agreed that the security with Insurance Companies is as follows. Effected With: 8.23016 Orion Insurance Company Limited 'TO 1.029% Victoria Insurance Company Limited 1.029% London & Overseas Insurance Company Limited 10.288 % Phoenix Assurance Company Limited Aviation 12.3460/a British Aviation Insurance Company Limited 4.115% Cornhill Insurance Company Limited 4.115% Sovereign Marine & General Insurance Company Limited 2. 058 %n Sphere Insurance Company..Limited_ 2.057% Drace Insurance Company Limited 8.231% Guardian Royal Exchange Group (Avn) 8.231% Minster Insurance Company Limited 8.231% La Concorde Compagnie d'Assurances per Robert Malatier Ltd., (London) 8.23074 British Law Insurance Company Limited No. 2 A/c 1.93314 (London & Edinburgh General Insurance Co. Ltd., 1.188% (Compagnie d'Assurances Maritimes. Aeriennes at Terrestres . 171% (Federal Insurance Company Limited (per Westminster Aviation insurance Group 4.115% Edinburgh Assurance Company Limited No. 2 A/C All other terms and conditions remain unchanged. SOUTHERN MARINE & AVIATION, INC. SOUTHER ARINE & AVIATION U ER WRIT ERS, INC.❑ S.M. 254 CERTIFICATE EFFECTED WITH No. 11355 Enberwritero at ltopb'z, lonbon PREVIOUS NO. New This is to certify that the undersigned have procured insurance as hereinafter specified from certain Underwriters at Lloyd's London (hereinafter called the "Underwriters ") through our brokers in London, England. Amount$ As per form Rate -- Premium 4% Federal Tax 3% State Tax 5/1010 Silk Stamping Fee Policy Fee In Consideration of the Stipulations herein named Does Insure Tallmantz Aviation Inc. Whose address is Orange County Airport, Santa Ana, $ 2. 550. 00 $ $ 12. 75 $ 10.0 California From June 1, 1970 -12:01 a.m. tmamm;to June 1, 1971 -12:01 a. m, xbmmmr Standard Time at place of issuance. Hereon:l4. 403 % of the amount and premium stated herein. This Certificate is made and accepted subject to the foregoing stipulations and conditions, and to the conditions printed on the back hereof, which are specially referred to and made a part of this Cer- tificate, together with such other provisions, agreements or conditions as may be endorsed hereon or added hereto; and no office, agent or other representative of the Undersigned shall have power to waive or be deemed to have waived any provision or condition of this Certificate unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting this Certificate exist or be claimed by the Assured unless so written or attached. This document is intended for use as evidence that insurance described herein has been effected against which a policy(ies) will be issued and that in the event of any inconsistency therewith the terms and conditions and provision of the policy(ies) prevail. Immediate advice must be given of any discrepancies or necessary changes. ;Ddttb dt Los Angeles, Calif., this This is to certify that the Federal Excise Tax applicable to premium charged by this Certifi- cate has been paid as required by the U. S. Government and for evidence of this reference may be made to documents on file with SOUTHERN MARINE & AVIATION, INC. 29th day of June 19 70 SOUTHERN MARINE& AVIATION, INC. CERTIFICATE PROVISIONS 1. It is specifically understood that the names of the Assurers hereunder are on file in the office of our Brokers in London, England, and will be on file in the office of the undersigned, upon being forwarded to us by our London Brokers. 2. It is expressly understood and agreed by the Assured by accepting this instrument that the undersigned is not one of the Underwriters or Assurers hereunder and neither is nor shall be in any way or to any extent liable for any loss or claim whatever, as an Assurer, but the Assurers hereunder are only those Underwriters whose names are on file as hereinbefore set forth. 3. This Certificate of Insurance shall not be assigned either in whole or put, without the written consent of the Undersigned endorsed hereon. 4. This insurance is made and accepted subject to all the provisions, conditions and warranties set forth herein and in any forms or endorsements attached hereto, all of which are to be considered as incorporated herein, and any provisions or conditions appearing in any forms or endorsements attached hereto which alter the Certificate provisions stated above shall supersede such Certificate pro- visions in so far as they are inconsistent therewith. 5. It is agreed that in the event of the failure of Underwriters hereon to pay any amount claimed to be due hereunder, Under- writers hereon, at the request of the Insured or reinsured, will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. It is further agreed that service of process in such suit may be.made upon 72g7[7ftM% =k *3DX* pjr and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/ or upon the request of the insured (or reinsured) to give a written undertaking to the insured (or reinsured) that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision herefor, Underwriters hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other office specified for that purpose in the statute or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured (or reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designate the above -named as the person to whom the said officer is authorized to mail such process or a true copy thereof. 6. This Certificate may be cancelled on the customary short rate basis by the Assured at any time by written notice or by the surrender of this Certificate to Southern Marine & Aviation, Inc., Los Angeles, California. This Certificate may be cancelled, with or without the return or tender of the unearned premium, by the Underwriters or by Southern Marine & Aviation, Inc., Los Angeles, California, in their behalf, by delivering to the Assured, or by sending to the Assured by mail, registered, or unregistered, at the Assured's address as shown herein, not less than five days_written notice, stating when the cancellation shall be effective, and in such case the Underwriters shall refund the paid premium less the earned portion thereof on demand, subject always to the reten- tion by underwriters, hereon of any minimum premium stipulated herein (or proportion thereof previously agreed upon) in the event of cancellation either by Underwriters or Assured. 7. This Certificate shall not be valid unless signed by SOUTHERN MARINE & AVIATION, INC. TOPLIS AND HARDING, INC. 3440 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA 90005 s • 0 t S.M. 189 ' 0 CERTIFIED COPY 0 e This is a certified copy of Certificate - 11355 as issued to Tallmantz Aviation Inc. This certified copy confers no rights to the holder, it being merely a memorandum of the issuance of said policy and is given only as a matter of information. SOUTHERN MARINE & AVIATION MEOGUM INC. By PREMIUM $ Nil % FEDERAL TAX S STATE TAX S IT IS HEREBY UNDERSTOOD AND AGREED THAT: 1. The terms and conditions of the Hold Harmless Agreement entered into between the Named Insured and the City of Newport Beach are added for Coverage hereunder. 2. This Certificate shall not be cancelled or reduced without thirty (30) days written notice to the City Clerk of the City of Newport Beach, California. 3. The following is added for Coverage hereunder as an Additional Insured, but only as respects the Coverages provided hereunder: City of Newport Beach Newport Beach, California The inclusion of the above Additional Insured shall not operate to increase the Underwriters total Limits of Liability hereunder. United States Interool Revenue Docamentory Swops in the mount shown above, applicable to this insurance have been affixed to the Accounts copy of this endorsement. The law provides for no Federal Tax refund once the Insurance ottachess THE EFFECTIVE DATE OF THIS ENDORSEMENT IS September 28, 1970 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. 11355 THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF CERTIFICATE NO IssuEDT0,Tallmantz Aviation In DATE OF ISSUE$ October 7 19711 SOUTHERN MARINE & AVIATION, INC. b- SpO•UTHERN RINE &AVIATION UNDERWRITERS, INC. ❑ S.M. FORM NO. 415 (1 /10 /e7) END. NO. 6 .+, �' /< ? %'' ✓�^+^/ • OMI11M S . Additional 3.424 % FEDERAL TAX S 87.31 % STATE TAX 5 STAMPING FEE S In consideration of the Additional Federal Tax charged hereon, it is hereby understood and agreed that Endorsement No. 4 is deleted in its entirety and 3.424% tax is hereby charged. United States Internal Revenue Documentary Stamps In the amount shown above, applicable to this insurance have been amxed to the Accounts copy of this endorsement. The law provides for no Federal Tax refund once the Insurance attaches. THE EFFECTIVE DATE OF THIS ENDORSEMENT It June 1. 1970 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED, 11355 Tmis ENDORSEMENT It ATTACHED TO AND MADE A PART OF CERTIFICATE NO. IttutD To, Tallmantz Aviation Inc. DATEoristuE, August 25. 1970 A M. l{► REV. a /ea END. NO. 5 SOUTHERN MARINE 8 AVIATION, INC. SOUTHERN M RINE & AVIATION UNDERWRITERS, INC. Br . 1 V r • • ` •rt PREMI9 $ Nil % FEDERAL TAX $ y STATE TAX $ S TAX PAID CLAUSE Notice is hereby given that the Underwriters have agreed to allow four percent (476) of the premium payable on this insurance for .the purpose of purchasing U. S. Government Stamps for attachment to the Certificate in respect of the Federal Stamp Tax due hereon. TAX CLAUSE It is understood and agreed that in the event of any return of premium becoming due under this Certificate, the Underwriters will deduct from the amount of the return the same percentage as the allowance towards the Federal Stamp Tax made by them on the total premium. Nevertheless where such return of premium becomes due owing to the cancellation of the Certificate by Underwriters, the above deduction of the tax allowance shall not be made except in so far as the Assured has a right to recover the tax from the U. S. Government. { United States Internal Revenue Documentary Stamps in the ..aunt shown above, applicable to this insurance have bean affixed to the Accounts copy of this endorsement. The law provides for no Federal Tax refund ones the Insurance attaches. THE EFFECTIVE DATE OF THIS ENDORSEMENT IS June 1. 1970 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. 11355 THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF CERTIFICATE NO. ISSUED TO.Tallmantz Ayiation DATE OF ISSUE, June?9• 1970 SOUTHERN MARINE & AVIATION, INC SOUTHERN RIIINn,E && AVIATION NOERWRITERS, INC. ❑ D.M. see /y /na) END. NO. 4 ey NOISE EXCLUSION CLAUSE Aircraft and Airport Operators —Primary and Excess Liability Policies Claims Excluded 1. This Policy does not apply to loss or damage or any liability of the Insured resulting from, arising out of, or in any way connected with Aircraft Noise, nuisance and /or compensation for the taking, use or acquisition of rights to property or airspace regardless of whether such claims are made directly against the Insured or under any agreement entered into by or on behalf of the Insured. As used herein: "Noise" includes vibration, sonic boom and any phenomena associated therewith. No Liability under 2. The liability of Underwriters arising out of any agreement entered into by or on Noted Agreements behalf of the Insured and noted by Underwriters for the purposes of the Policy shall not include any liability in respect of claims excluded by Paragraph 1. No requirement to 3. With respect to any provision in the Policy concerning any duty of Underwriters defend Excluded or to investigate or defend claims, such provision shall not apply and Underwriters shall not Combined Claims be required to defend (a) claims excluded by Paragraph 1 or (b) a claim or claims covered by the Policy when combined with any claims excluded by Paragraph 1 (referred to below as "Combined Claims "). Combined Claims 4. In respect of any Combined Claims, Underwriters shall (subject to proof of loss and the limits of the Policy) reimburse the Insured for that portion of the following items which may be allocated to the claim or claims covered by the Policy: (i) damages awarded against the Insured and (ii) defence fees and expenses incurred by the Insured. Subject otherwise to all limits, terms and other conditions of the Policy. AVN. 46 (12.3.69) United States Internal Revenue Documentary Stamps in the amount shown above, applicable to this insurance have been affixed to the Accounts copy of this endorsement. The law provides for no Federal Tax refund once the Insurance attaches. THE EFFECTIVE DATE OF THIS ENDORSEMENT IS ALL OTHER TERMS AND CONDITIONS REMAIN NGEb. 1970 THIS ENDORSEMENT IS ATTACHED TO AND MADE APART OF CERTIFICATE NO.; DATE OF ISSUE:Alfte 29, 1979 S.M. FORM NO. 483 (5/70) END. NO. 3 SOUTHERN MARINE &AVIATION, INC. 4 SOUTHER tFUNE & AVIAyA.N �IgAERWRITERS, INC. C1 • . ... AVIA'T'ION RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE (GENERAL) (Approved by Lloyd's Aviation Underwriters Association) (1) This policy does not cover (a) loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom (b) any legal liability of whatsoever nature directly or indirectly caused or contributed to by or arising from ionising radiations or contamination by radioactivity from any source whatsoever. (2) Loss, destruction, damage, expense or legal liability which, but for the provisions of paragraph (1) of this Clause, would be covered by this policy, and is directly or indirectly caused or contributed to by or arises from ionising radiations or contamination by radioactivity from any radioactive materials in course of carriage as cargo under International Air Trans- port Association regulations, shall (subject to all the other provisions of this policy) be covered, provided that; (a) it shall be a condition precedent to the liability of the Underwriters that the carriage of any radioactive materials shall in all respects comply with the current regulations issued by the International Air Transport Association re- lating to the carriage of restricted articles by air; (b) the loss, destruction, damage, expense or legal liability shall have occurred or arisen during the period of this (b policy, and any claim by the Assured against the Underwriters or by any claimant against the Assured shall have been made within three years after the date of the occurrence giving rise to the claim: (e) in the case of any claim by virtue of this paragraph (2) under the hull section of this policy, the level of contam- ination shall have exceeded the maximum permissible level set out in the following scale:— Emitter Alpha emitters in Group 1 of the IAEA list of radioisotopes (IAEA Health and Safety Series No. 6) Maximum permissible level of non -fixed radioactive surface contamination (Averaged over 300 cm2) Not exceeding 10.5 microcuries per em2 All other substances I Not exceeding 10'4 microcuries per cm2 (d) the cover afforded by this paragraph (2) may be cancelled- at any time by the Underwriters giving seven days' notice of cancellation. United States Internal Revenue Documentary Stamps in the amount shown above, applicable to this insurance have been affixed to the Accounts copy of this endorsement. The low provides for no Federal Tax refund once the insurance attaches. THE EFFECTIVE DATE OF THIS ENDORSEMENT IS Jura 1- 1970 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS ENDORSEMENT 15 ATTACHED TO AND MADE APART OF CERTIFICATE NO. BASS ISSUED TO, Talimm.Titz Aviation DATE OF ISSUEtTuffg 29s 1970 SOUTHERN MARINE & AVIATION, INC. BY Atjl '` Gf/ 4/e /e4 END NO. ?, A. V. 38 IT IS HEREBY UNDERSTOOD AND AGRLED THAT: 1. The Amounts of Inderr& shown under Item No. 5 of *Schedule areas follows: As respects Section I: Bodily Injury $500.000.00 any one person /$1, 000, 000.00 any one accident /occurrence 1 Property Damage $250, 000.00 any one accident /occurrence _ ._. Contractual Liability: Bodily Injury $500, 000.00 any one person /$1, 000, 000.00 any one accident / occurrence. Property Damage $500.000.00 any one person /occurrence As respects Section II: $3'2.000.00 each aircraft /$100, 000.00 each accident As respects Section III: Bodily Injury $100, 000.00 any one person /$300, 000.00 any one accident /occurrence. Property Damage $100.000.00 any one accident /occurrence. 2. A deductible of $250.00 shall apply as respects each and every claim applicable under Section IL 3. This policy shall not be cancelled nor the amounts of coverage provided herein reduced until thirty (30) days after the lessor shall have received written notice of such cancellation or reduction, as evidenced by return receipt of registered mail. 4. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached hereto, it is agreed that the County of Orange is a co- insured hereunder covering all operations of the lessee or sub - lessees under this lease whether the liability is attributable to the lessee or any sub - lessee or his employee or the county. II 5. LESSEE shall indemnify and save harmless LESSOR, its officers. agents and employees, from and against any and all claims. demands, loss or liability of any kind or nature which LESSOR. its officers. agents and employees may sustain or incur, or which may be imposed upon them or any of them for injury to, or death of. persons, or aamage to property arising out of or in any manner connected with the negligence or lack of care of LESSEE, its officers, agents or employees in use of the Demised Premises, including the use of the Orange County Airport and its facilities. The effective date of this endorsement is June 1, 1970. This endorsement is attached to and made a part of Certificate 11355. Issued to: Tallmantz Aviation Inc. Date of Issue: June 29.1970 .. SOUT RN MAR &/AVIATION, INC. BY 0 A R I E L AIRPORT OWNERS AND OPERATORS LIABILITY INSURANCE THE UNDERWRITERS hereby agree to the extent and in the manner hereinafter provided, to pay on behalf of the Assured all sums which the Assured shall become legally obligated to pay or by final judgment by adjudged topayup to but not exceeding the amounts specified in the Schedule, to any person or persons as damages (a) for bodily Injury it1� ing death at any time resulting there*om (hereinafter referred to as bodily injury) or ... (b) for In of or dama io "property of others (hereinafter re4 red to as property damage) caused by accident occurring during the period mentioned in the Schedule and arising out of the hazards set forth in Sections 1, 2 and 3 below. SECTION 1 Bodily injury or property damage (a) in or about the premises specified in the Schedule, as a direct result of the services granted by the Assured (b) elsewhere in the course of any work or of the performance of any duties carried out by the Assured or his employees in connection with the business or operations specified inthe Schedule, caused by the fault or negligence of the Assured or any of his employees engaged in the Assured's business or by any defect in the Assured's premises, ways, works, machinery or plant used in the Assured's business. THIS SECTION IS SUBJECT TO THE FOLLOWING EXCLUSIONS: 1. Loss of or damage to property owned or occupied by or to the care, custody or control of the Assured. or of any servant of the Assured, but this exclusion shall be deemed not to apply to vehicles that are not the property of the Assured whilst on the premises specified in the Schedule. 2. Bodily injury or property damage caused by (a) any mechanically propelled vehicle which the Assured may cause or permit any other person to use on the road in such a manner as to render them responsible for insurance under any domestic or international law appertaining to road traffic, or where no such law exists, whilst such vehicle is on any public highway. (b) any Ships, Vessels, Craft or Aircraft owned, chartered, used or operated by or on account of the Assured, but this ex- clusion shall be deemed not to apply maircraft owned by others which are on the ground and for which indemnity is otherwise granted under Section 2 of this Policy, whether such Section is insured hereunder or not. 3. Bodily injury or property damage arising out of any Airmeet, Air Race, or Air Slow, tar any stand used for the accommo- dation of spectators in connection therewith, unless previously agreed by Underwriters. 4. Bodily injury or property damage arising out of construction of, demolition of or alterations to Buildings, Runways, or In- stallations by the Assured or his contractors or sub - contractors (ocher than normal maintenance operations) unless previously agreed by Underwriters. 5. Bodily injury or property damage arising out of any goods or products manufactured, constructed, altered, repaired, serviced, treated, sold, supplied or distributed by the Assured or his employees after such goods or products have ceased to be in the possession or under the control of the Assured, but this exclusion shall be deemed not to apply to the supply, by the Assured, of food or drink at the premises specified in the Schedule. SECTION 2 Loss of or damage to Aircraft or Aircraft equipment, tat the property of the Assured, whilst on the ground in the care, custody or control of the Assured. THIS SECTION IS SUBJECT TO THE FOLLOWING EXCLUSIONS: (a) Loss of or damage to robes, wearing apparel, personal effects or merchandise of any description. (b) Loss of or damage to Aircraft or Aircraft equipment, hired or leased by or loaned to the Assured. (c) Loss of or damage to any Aircraftwhile in flight as defined. SECTION 3 Bbdily injury or property damage arising out of the possession, use, consumption or handling of any goods or products manufac- tured, constructed, altered, repaired, serviced, treated, sold, supplied or distributed by the Assured or his employees after such goods or products have ceased to be in the possession or under the control of the Assured. THIS SECTION IS SUBJECT TO THE FOLLOWING EXCLUSIONS: (a) Damage to the property of the Assured or to property within his care, custody or control. (b) The cost of repairing or replacing any defective goods or products manufactured, constructed, altered, repaired, serviced, treated, sold, supplied or distributed by the Assured or any defective part or pans thereof. (c) Loss arising out of improper or inadequate performance, design or specification but this exclusion shall be deemed not to apply to bodily injury or property damage as insured hereby resulting therefrom. (d) Loss of use of any Aircraft not actually lost or damaged in an accident giving rise to a claim hereunder. EXCLUSIONS APPLICABLE TO ALL SECTIONS OF THIS POLICY: - 1. THIS POLICY DOES NOT COVER liability for bodily injury to any person, who at the time of sustaining such injury is en- gaged in the service of the Assured or acting on his behalf, or liability for which the Assured or his insurer may be held liable under any workinans compensation, unemployment compensation or disability benefits law or any similar law, 2. THIS POLICY DOES NOT COVER the cost of making good any faulty workmanship for which the Assured, his employees, contractors or subcontractors may be liable (but this limitation shall not exclude resulting damage arising outof such faulty workmanship,) 3. THIS POLICY DOES NOT COVER liability assumed by the Assured by Agreement under any Contract unless such liability would have attached to the Assured even in the absence of such Agreement, 4. THIS POLICY DOES NOT COVER liability of the Assured directly or indirectly occasioned by, happening through or in consequence of War, invasions, act of foreign enemy, hostilities (whether War be declared on not), civil war, rebellion, revolution, insurrection or military or usurped power. 5. THIS POLICY DOES NOT COVER liability arising out of the operation of an airfield control tower unless previously agreed by Underwriters, b. Each section of this Policy excludes liability which is or would be covered under any other section of the Policy, whether such other section is insured hereunder or not. 7. This Policy is subject to the attached Radioactive Contamination exclusion clause. PAYMENT OF COSTS: In addition to the limits set out in the Schedule, Underwriters will pay all legal and other costs incurred with their consent in the defence of any claim made against the Assured, ATTACHED TO AND FORMING PART OF 11355 ISSUED TO: Tallmantz Aviation Inc. DATED AT: Los Angeles, California This 29th day of June 1970 By. a." 419 la /67) PAa[ 1 O► a By: SOPITHERN MAYI4E,.89AVIATION, INC. (OVER) PROVIDED THAT in the event of their requiring any claim to be conteoted (a) If the claim be successfully resisted by the Assured the Underwriters will pay all costs, charges and expenses incurred by the Assured in connection therewith up to butnot exceeding the sum insured under this Policy. (b) If a payment exceeding the sum insured has to lip made to dispose of a claim, the liability of Underwriters to pay any coots, charges and expenses in connection therewith a �' be limited to such proportion of the said coots, charges and expenses am the a insured by this Policy bears to the aunt paidto dispose of the claim, DEFINITIONS: - 1. ACCIDENT. The word "accident" shall be understood to mean an accident or series of accidents arising out of one event or occurrence. 2. FLIGHT. The term "in flight" means the time commencing with the actual take off run of the aircraft and continuing thereafter until it has completed its landing run. GENERAL CONDITIONS: 1. Upon the happening of any accident likely to give rise to a claim under this Policy or upon the receipt by the Assured of no- tice of any claim or of any other subsequent proceedings, notice in writing with full particulars shall be given to the Under- writers as Soon as possible after same shall come to the knowledge of the Assured or the Assured's representative. Every letter, claim. writ, sumpions or process shall be forwarded to Usdarwritese immediately on receipt by the Assured. - °- - - - 2. All notices as specified above shall be given by the Assured to the person(S) or firm named for the purpose in the Schedule. . 3. If Any claim under this Policy is also covered in whole or in part by any other insurance. Elie liability of Underwriters shall be limited to their rateable proportion of such claim. . 4. If the Assured shall make any claim knowing the same to be false or fraudulent as regards amount or otherwise, this Policy shall become void, and all claims hereunder Shall be forfeited, S. This Policy may be cancelled at any time at the written request of the Assured or may be cancelled by or on behalf of the Underwriters provided 15 days notice in writing be given. (Where 15 days notice is contrary to the law or statute then the minimum period that is permitted Shall be substituted therefor.) If the Policy shall be cancelled by the Assured the Underwriters shall retain the earned premium hereon for the period that this Policy has been in force calculated in accordance with the basis in the Schedule, or the Short rate proportion of the minimum premium, calculated in accordance with the customary scale whichever Is the greater. If the Policy shall be cancelled by Underwriters they shall retain the earned premium hereon for the period that this Policy has been in force, calculated in accordance with the basis in the Schedule or pro .rata of the minimum premium whichever is'the greater. Notice of cancellation by the Underwriters shall be effective even though the Underwriters make no payment or tender of return premium. 6. It is a condition precedent to the right of the Assured to be indemnified under this Insurance that (a) If after this Insurance has been effected, the risk is materially altered, such alterations must be notified in writing to the Underwriters Immediately, (b) No liability Shall be admitted and no admission, arrangement, offer, promise or payment shall be made by the Assured without the written consent of Underwriters, who shall be entitled, if they ao desire, to takeover and conduct in the dame of the Assured the defence of any claim or to prosecute in the name of the Assured for their own benefit any claim for indemnity or damage or otherwise against any third party, and shall.have %U discretion in the conduct of any negotia- tions or proceedings or the settlement of any claim, and the Assured shall give all such information and assistance as Underwriters may require. (c) The Assured shall and will at all times exercise reasonable care in seeing that the ways, implements, plant, machinery and appliances used to the Assured's business are substantial and sound and in proper order, and fit for the purpose for which they are used, and that all reasonable safeguards and Precautions against accidents are provided and used. (d) The Assured shall comply with all International and Government Regulations and Civil Instructions. SCHEDULE 1. THE POLICY NUMBER IS: - 11355 2, THE NAME AND ADDRESS OF THE ASSURED ARE: - Orange County Airport, Santa Ana, California 3. THE NATURE OF THE ASSURED'S BUSINESS OR OPERATION IN RESPECT OF WHICH THE POLICY IS EFFECTED IS: - Aircraft Operator 4. THE PLACE(S) IN OR ABOUT WHICH THE INDEMNITY GRANTED BY THE POLICY IS TO APPLY IS (ARE): - Orange County AirRort Santa Ana California 5. THE AMOUNT OF INDEMNITY SHALL NOT EXCEED: - Section I. As Endorsed any one accident Section 2. As Endorsed any one accident Section 3. As Endorsed any one accident and in the aggregate arising out of all accidents occurring during any one annual period of Insurance. 6. THE 32POSIV PREMIUM IS $2. 550. 00 THE MINIMUM PREMIUM IS Z. 550, 00 AND SHALL BE SUBJECT TO ADJUSTMENT AS FOLLOWS: Not applicable. 7. THE PERIOD OF INSURANCE IF FROM June 1, 1970 TO June 1. 197 1 8. THE NAME AND ADDRESS OF PERSON(S) OR FIRM TO,WHOM ALL NOTICES SHALL BE GIVEN 1S: - Southern Marine and Aviation Inc 3200 Wilshire Blvd.. Los Angeles, California 9. THE DATE OF THE PROPOSAL IS: - S.M. 419 IS /p77..- 2 OF 2 . . l �