Porterville Municipal Code Art. X Insurance

The privileges of using the airport and its facilities shall be conditioned upon the assumption of full responsibility and risk by the user thereof. To the fullest extent permitted by law the city, its agents, and/or employees shall not be liable for claims, damages, losses and expenses including, but not limited to, attorney fees arising out of, resulting from or in any manner related to loss, incident or mishap of any nature whatsoever, and/or from any cause whatsoever to individual, aircraft or property, which occurs at the airport. Such indemnification shall include loss or expense attributable to bodily injury, sickness, death or disease or any injury to or destruction of tangible property including the loss of use resulting therefrom regardless of whether or not it is caused in part by a party indemnified hereunder.

No person, firm or corporation shall maintain a local based aircraft at the airport unless such proprietor has filed with the airport manager/airport operations supervisor, and kept in current effect, a certificate of public liability insurance with the coverage set by the risk manager of the city of Porterville. This article shall apply to all airport users.

In order to protect the city, its agents, officers, and employees against all claims and liability for death, injury, loss, and damage as a result of use and operations on the airport, lessee shall name the city as additional insured on the aircraft insurance policy or policies. Such insurance for additional insured shall apply as primary insurance and any other insurance maintained by airport management shall be excess.

Provided coverage shall not be suspended, voided, canceled, reduced in coverage or otherwise materially changed except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been provided to airport management. (Ord. 1652 § B, 4-20-2004)

The city conducts routine maintenance and contracts for special events, construction and various airport improvement projects with certain equipment and machinery and because of these ongoing occurrences cannot fully protect aircraft or person using the airport facility from damage or injury to persons and/or property arising from dust, debris, vehicle equipment operation or the related condition of the facility. (Ord. 1652 § B, 4-20-2004)

To the fullest extent permitted by law, the tenant and other persons on premises shall indemnify, defend and hold harmless the city, its agents and employees from and against all claims, demands, damages, debts, liabilities, obligations, costs, expenses, liens and actions or causes of actions of any kind whatsoever resulting from the activities including, but not limited to, foreign object damage, collision, equipment or vehicles, closure of gates, access, runway or ramp facilities or any other circumstances whatsoever. Tenant's indemnification to defend and hold harmless relative to city, its agents and employees, shall extend as well to attorney fees arising out of or resulting from any incident which occurs on the premises. (Ord. 1652 § B, 4-20-2004)