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Dear Fellow Pilots,
Almost nine months have passed since I first wrote you with the recommendation that you not sign the Shade Hangar / Tie down Lease Agreement until the CCAA had an opportunity to have certain changes made and a legal review of the document completed. Your Associations principal concern with the County document was the indemnity clause in paragraph 8, which at the time read as follows:
“Tenant agrees to indemnify and hold County forever harmless from and against all liability, loss, demand judgments or other expense, including, but not limited to, defense costs, expenses, and reasonable attorney fees, imposed upon the County by reason of injuries or death of persons, including wrongful death, and damages to property cause during and because of Tenant’s use or occupancy of Airport property or the Premises or any actions or non-action of Tenant, its officers, employees, agents, guests, or other representatives, including movement of aircraft or vehicles, provided. however, that such indemnity will not apply as to any negligent act or omission solely that of County, its employees, agents or representatives.”
The clause has been modified eliminating the phrase “solely that” and although we still believe the agreement is an unnecessary and bureaucratic document becomes more palatable and perhaps less onerous. CCAA no longer objects to the revised version of the indemnity clause. However, we urge you to carefully review the Agreement and the other changes made to it as it is up to each individual to determine in their own discretion to sign or not sign the Agreement in its present revised form. Please make certain that you have the current version before making that choice.
Thank you for both your patience and support as we went back and forth with the County Department of Aviation these last months
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Safe flying.
David Lerner
President
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