Combining Mixed-Use Flight Operations Safely at Airports (2016)

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133 APPENDIX H Sample License Agreement for Aerobatic Activity— Keene Municipal Airport, New Hampshire Source: E. Mattern, Keene Municipal Airport, New Hampshire. Used with Permission. City of Keene NEW HAMPSHIRE AEROBATIC REVOCABLE LICENSE AND INDEMNIFICATION AGREEMENT NOW COME, the City of Keene, a New Hampshire municipal corporation with its principal place of business located at 3 Washington Street, Keene, New Hampshire 03431 (hereinafter “City”) and (Aero- batic Club at business address) (hereinafter “Licensee”) and agree as follows: WHEREAS, at its meeting on April 2, 2015, the City Council granted the request of Licensee for the use of City property located at the Dillant-Hopkins Airport (“Premises”) on September 12, 2015, for the following purpose: to conduct aerobatic activities; and under the following conditions, if any: to be determined; subject to the execution of a revocable license and indemnification agreement and the receipt of a certificate of liability insurance in the minimum amount of One Million Dollars ($1,000,000) listing the City as an Additional Insured (“Agreement”) and any other requirements of City staff; and WHEREAS, the parties wish to memorialize the terms and conditions of this Agreement. NOW, THEREFORE, in consideration for the rights and obligations as stated herein, and for further consideration, the receipt of which is hereby acknowledged, the parties agree as follows: A. In consideration for the license granted herein, Licensee, on behalf of itself, its agents, employees, contractors, invitees, or trespassers (collectively “Licensee”) does hereby agree to indemnify, defend, and hold the City, its officers, agents, employees, successors and assigns (collectively “City”), harm- less from and against any claims, costs, losses, damages, causes of action, personal injuries, prop- erty damage (including any damage to the Premises), legal and administrative proceedings, liabilities, defenses, penalties, fines, liens, judgments, and expenses (including all costs, attorney(s)’ fees and related expenses), whether at law or in equity (collectively “Claims”), relating to or arising from the use of the Premises by Licensee. B. Licensee agrees to defend the City, its officers, agents, employees, successors and assigns, from and against any and all Claims brought against the City with respect to the subject of the indemnification agreement contained herein, whether such Claims are rightfully or wrongfully brought or filed. In the event that Claims should be brought or an action filed with respect to the subject of the indemnification agreement provided for herein, the City may employ any attorney(s) to appear and defend the Claims on behalf of the City, at the sole expense of Licensee. C. The City and the Licensee each agree to notify the other party in writing by Certified Mail within thirty (30) days of the receipt of any notice of Claims, at the address for each party stated above. D. This Agreement is conditional upon the following: 1. The City shall not waive any of its rights to municipal or governmental immunity or limitations as to liability and this Agreement shall not constitute such a waiver. 2. The City retains the right to revoke or terminate the license contained herein at any time with or without cause, but all other terms and conditions of this Agreement shall remain in effect unless terminated in writing by the City. Licensee shall remove any of its property from the Premises upon revocation of the license. If Licensee fails to remove its property within 10 business days of the date of revocation, the property may be removed and disposed of by the City at the sole expense of Licensee. 3. Licensee shall provide satisfactory proof to the City of general liability insurance in the minimum amount of One Million Dollars ($1,000,000), with the City of Keene listed as an additional insured. 4. The license granted pursuant to this Agreement is personal to the Licensee and is not assign- able. Any attempt by Licensee to assign the license granted herein shall terminate the license

134 but all other terms and conditions of this Agreement shall remain in effect unless terminated in writing by the City. 5. Aerobatic flying activities shall not commence until after 10:00 AM. 6. Aerobatic activity shall not occur below 1,500 MSL. 7. Aerobatic activity shall occur at the southern portion of the aerobatic box established by the FAA. 8. As means of advising the public of the aerobatic activity, Licensee shall extend an invitation to airport neighbors to attend the mandatory safety briefing the morning of practice sessions. E. In any action brought by the City to enforce the terms of this Agreement, the City shall be entitled to recover its costs, expenses, and reasonable attorney(s)’ fees from Licensee. CITY OF KEENE Date: ______________________ By: _________________________________ All of the rights, obligations, and conditions of this Revocable License and Indemnification Agreement are understood and agreed to by: AEROBATIC CLUB Date: _______________________ By: _________________________________