Loading...
HomeMy WebLinkAboutLease , � • "'"� `� LAG-18-011 RLAG: � ��� � Last Name of Tenant: d�/ipS f�� Hangar Number: l� RENTON MUNICIPAL AIRPORT j CLAYTON SCOTT FIELD AIRCRAFT HANGAR LEASE This LEASE is made and entered into between the CITY OF RENTON, as LANDLORD, and J1�1l�Sf�c�2S ��i Fc.�G.r+�s TENANT, as follows: �,c. c PREMISES Subject to the terms hereof, LANDLORD shall lEASE to the TENANT Hangar Number l7 (hereinafter called the "Hangar") located at the Renton Municipal Airport. The exterior area and ground in the immediate vicinity af the building is for the purpose of ` access to the leased portions of the building. No n�aterial whatsoever may be stored upon the ( ' exterior area. ' ' HANGAR ACCESS TENANT may only operate persona)vehicles on non-movement apron areas around hangar buildings. No tenant may cross the movementJnon-movement line to access their hangar without radio authorization from the Control Tower (exceptions apply to certain Cedar River hangar tenants). At the City Hangar building(600 West Perimeter Road),TENANT may park their vehicles in the stalls just south of the building near the vehicle gate, or inside their hangar. No vehicles may be parked outside of the City Hangar building on the apron. At the Cedar River hangar buildings (749A+7496 East Perimeter Road), TENANT may either park their vehicles along the concrete flood wa11, or within their hangar.There is no parking permitted on the north or south ends of either hangar building. There is no parking permitted on the west side of the Hangar 749A. Special Provisions for TENANTS in Cedar River Hangars 1, 3, 5, 7, 9, 11, 13, 15, 17,and 19 TENANTS in Cedar River Hangars 1, 3, 5, 7, 9, 11, 13, 15, 17, and 19 may access their hangar by crossing the movement/non-movement line without obtaining radio authorization from the Control Tower when weather conditions allow. TENANT shall proceed to the movement/non-movement (ine at the north end of the 749A hangar building.TENANT shall visually maintain separation from any aircraft operating on the taxiway while proceeding to their hangars. , City of Renton Month-to-Month Hangar Permit � � � � � ��� 1 w � TENANT understands and agrees that when inclement weather prevents visual contact with the Tower, he/she must contact the Control Tower via radio to obtain authorization before operating a personal vehicle on the movement area. TENANT understands and agrees that he/she shall not cross the taxiway edge line (double yellow skip line)without explicit radio authorization from the Control Tower. TENANTS in these hangars must radio the Control Tower for authorization before removing their aircraft from the hangar. TENANT assumes all risk of operating a personal vehicle in a movement area without Control Tower authorization.TENANT also assumes all risk for their passengers and companions while operating a personal vehicle on a movement area without Control Tower authorization. TERM The term of this LEASE shall be for a period of one month, commencing on /(o and terminating on � / /C�_,continui g on a month-to-month basis thereafter. Except as � provided elsewhere herein,the term o�this LEASE and the rentals due hereunder shall continue on a month-to-month basis until such time as one party gives the other written notice of termination, as herein provided, except that the LANDLORD may terminate this LEASE upon not less than three days' notice in the case of nonpayment of rent. USE Hangar may be used for aircraft air frame major rebuild and repair subject to the restrictions listed below. Use Restrictions Open flames, welding, and the use or storage of Class I or Class II liquids are nat allowed in the hangar. If open flames,welding, or the use and/or storage of liquids other than those authorized by the Group B Occupancy, Division 3 code is detected,this LEASE will be immediately terminated. tNDEMNITY AND HOLD HARMLE55 TENANT shall defend, indemnify and hold harmless LANDLORD against any and all claims arising from (a)the conduct and management of, or from any work or thing whatsoever done in or about, the premises or the improvements or equipment thereon during the term, or(b) arising from any act or negligence of the TENANT or any of its agents, contractors, patrons, customers, employees, or invitees on the Airport, or (c) arising from any accident, injury, or damage whatsoever, however caused,to any person or persons,or to the praperty of any person, persons, corporation or other entity occurring during the Term in,on, or about the Premises, and from and against all casts, attorney's fees, expenses, and liabilities incurred in or from any such claims or any action or proceeding brought against the LANDLORD by reason of any such claim, in each case except to the extent caused by the negligence of LANDLORD, its agents, contractors, employees, or its authorized representatives. On notice from LANDLORD, City of Renton Month-to-Month Hangar Permit 2 .r .�.+ TENANT, at TENANT'S expense, shall defend any such action or proceeding forthwith with counsel reasonably satisfactory to, and approved by, LANDLORD. LANDLORD shal) indemnify, defend, and hold TENANT harmtess from and against any and all claims, losses, damages,costs, attorney's fees, expenses, and liabilities arising from the negligence or willful misconduct of LANDLORD or any of its agents, contractors, employees, or authorized representatives. On notice from TENANT, IANDLORD, at LANDLORD's expense, shall defend any such action or proceeding forthwith. INSURANCE Personal Propertv It is agreed that LANDLORD shall not be held liable in any manner for, or on account of, any lass or damage to personal property of the TENANT, TENANT'S invitees or ather persons,which may be sustained by fire or water o�other insured peril, or for the loss of any articles by burglary,theft or any other cause fram or upon the premises. It is acknowledged that the LANDLORD does not cover any of the personal property of TENANT, TENANT'S invitees or other persons upon the premises through its insurance. TENANT, its invitees and other persons upon the premises are solely responsible to obtain suitable personal property insurance. � � Liability Insurance The TENANT agrees to maintain in #orce during the term of this'LEASE a liability insurance policy written by a company authorized to do business in the State of Washington against any liability arising out of the ownership, use, occupancy, or maintenance of the Premises, and all areas appurtenant thereto, by the TENANT and its patrons customers, sub-tenants, or invitees. The limits of liability shall be in an amount of not less than $1,000,000 per occurrence and $2,000,000 aggregate. The limits of said insurance shal) not, however, limit the liability of TENANT hereunder. The insurance policy shall have a Landlord's Protective Liability endorsement attached thereto, and the City of Renton wi11 be named as Additional Insured(s) on TENANT'S policy,with that coverage being primary and non-contributory with any other policy(or policies) available to the City. Insurance Policies Insurance required hereunder shall be written in companies acceptable to LANDLORD. IANDLORD reserves the right to establish and, from time-to-time,to increase minimum insurance coverage amounts. Notice of increased insurance requirements shall be sent to the TENANT at(east forty(45) days prior to the annual renewal date of the TENANT'S insurance. Coverages shall be submitted on forms prescribed by LANQLORD. Prior to possession,the TENANT shall deliver to LANDLORD copies of policies of such insurance acquired by TENANT, or certificates evidencing the existence and amounts of such insurance, with loss payabfe clauses satisfactory to LANDLORD. LANDLORD shall be named as an additional insured with that coverage being primary and non-cantributory to any other insurance coverage available to the City. The TENANT shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. RENT TENANT agrees to pay a monthly rent of$393.62, plus state leasehold tax of 12.84%in the amount of$50.54,for a total monthly rent of$444.16, payable in advance of each month.The City of Renton Month-to-Month Hangar Permit 3 w.. �.�. monthly rent shall be due the first day of each and every month during the term hereof, payable by not later than the third day of each month. Payment shall be made to the Renton Airport, 616 West Perimeter Road-Unit A, Renton, Washington 98057. RENTAL ADJUSTMENT The City of Renton may adjust rents and agrees to give TENANT thirty(30)days' notice of an adjustment. NON-REFUNDABLE MOVE-OUT FEE Priar to occupying the hangar the TENANT must pay a one-#ime, non-refundable move out fee in the amount of$250. HANGAR LOCK AND KEYS The TENANT shall be issued one new lock and two new keys. LATE PAYMENT CHAR6E It is hereby further agreed that if rent is not received by the tenth day of each month then there will be add�d a late payment charge of 5%of the monthly rental rat� per month for each month of delinq�lency until paid. If any check received by LANDLORD is retUrned unpaid for any reason, LANDLORD reserves the right to make an additional charge of Twenty-Five Dollars ($25.00j per returned check. No checks will be deposited more than once. If a check is returned,the TENANT must submit a new check, or other form of payment,to the LANDLORD. TERMINATION This LEASE may be terminated by either party upon twenty (20) days' written notice to the other. If TENANT fails to give the City twenty(20) days' written notice to terminate,the TENANT shall be liable for rent up to and including the month following the date of the termination notice. If TENANT is in default of any obligations hereunder, LANDLORD may, in addition to all other rights, give written notice terminating this LEASE at any time, such termination to be effective at the time set forth in such notice. MOVE-OUT INSPECTION TENANT agrees to, upon termination of this agreement, remove all personal items from the hangar and leave the hangar in a broom-clean condition. NOTICES All notices hereunder to the IANDLORD shall be in writing and shall be delivered to: Airport Administration Office 616 West Perimeter Road, Unit A Renton, Washington 98057 City of Renton Month-ta-Month Hangar Permit 4 .... •... Atl notices to the TENANT shail be in writing and shall be mailed to the TENANT at the address indicated below. If any such notice to the TENANT shall be returned by the U.S. Postal Service, notice shall be given by posting the same on the hangar door. TENANT RESPONSIBILITtES The TENANT shall: 1. Comply with all federal, state and locat laws as well as the Airport's Regulations and Minimum Standards; 2. Not assign any interest of TENANT hereunder or sublet, (icense, or LEASE any other party or parties to accupy any portion of the Hangar; 3. Be an owner of the aircraft in the Hangar and provide proof of ownership upon written request by Airport Management; 4. Not conduct any charter, rental, instructional service, or any other commercial activity, exceptlthe air frame repair and rebuild work authorized by this t�EASE, in or from the Hangar`; ' 5. Keep the Hangar clean and free of debris and not place any debris on Airport grounds; 6. Not attach any hoisting or holding mechanism to any part of the Hangar or pass any such mechanism over the struts or braces therein. For the purposes of the LEASE, a hoisting mechanism shall be deemed to include, but shall not be limited to, a chain ball, block and tackle, or other hoisting device; 7. Shall comply promptly and completely with all government laws, rules, regulations and requirements for the proper and lawful use, sale,transportation,treatments, and/or disposal of hazardous substances; and upon request furnish proof to the City of such compliance; 8. Shall protect, defend, and indemnify the City of Renton from any and all costs, fees, penalties and charges assessed against the City, including attorney's fees and defense costs arising out of or as a result of the TENANT's handling,storage, containment, disposal,transportatian and sale of hazardous substances as defined now or hereafter defined by the MTCA or CERCLA; 9. Not park or leave aircraft on the taxiway or an the pavement adjacent to the Hangar door in a manner which unduly interferes with or obstructs access to adjacent hangars; 10. Accept the hangar in "as-is" condition and be responsible for their own maintenance; City of Renton Month-to-Month Hangar Permit S r.r � 11. TENANT will give prompt, written notice to the City in case of any defect, damage or need of repair; and 12. Use the Hangar only to house aircraft and related tools, supplies, and equipment associated with maintenance and repair of said aircraft. LANDIORD RESPONSIBILITIES The LANDLORD shall: 1. Provide reasonable access to the hangars and public taxiways, ramps and runway; 2. Periodically inspect the Hangar and keep the hangar in good repair; 3. Reserve the right to substitute comparable hangar facilities; 4. Provide a fire extinguisher and yearly fire extinguisher service and maintenance; 5. Keep tF�e hangar building in good condition and repair; � 6. Keep the public taxiways adjacent to the hangar building clear of debris; 7. Regulate, develop, improve, reconstruct, or modify the hangar building at the City's sole discretion; 8. Provide no other services of any kind or description unless specifically mentioned herein or added by amendment; and 9. Conspicuously post the Airport Regulations and Minimum Standards and all regulations authorizing the impoundment of an aircraft that is the subject of delinquent Airport charges, at the Airport Administration Office. ASSIGNMENT This LEASE is not assignable or transferable. /// City of Renton Month-to-Month Hangar Permit 6 �.W. `�► I have read and understand the foregoing and agree to be bound thereby. I wili notify the LANDLORD or its representative of any changes in my address, aircraft ownership, or change of use, and such notice to be given within ten (10) days after any such event. DATED this / � day of ��«�.., rs�� , 20 1 S. TE NT SIGNATURE: WRITTEN NAME: 5?'�i�� �►�-A �Tt��2S ��yj� ST,�'rZS 1'�Y N��'GkT'«C BILLINGADDRESS: aZ�'.tY�7 !$��"� /�v�- S�G CITY, STATE, ZIP: . _ [�•��� C.,t/A �$'� Y Z HOME ADDRESS: �Z ln.Z�7 !�Sa� /�ul� S� CITY,STATE, ZIP: f��--t�' l,11A- `� ��YZ PHONE: ,sZUG, g>^ � dZ[o� `� CL� EMAI L• cS��Qv�iKiQ S t� CU�st C/� yT• �!e�e T' AIRCRAFT MAKE/MODEL: GU�.Gtnh c5�4' �'r�U o REGISTRATION NUMBER: I� ?e� $ Sl�Y/ CITY OF RENTON (LANDLORD) . SIG NATU RE: �l/�� --� WRITTEN NAME: 1u-..�.dz.� �'�i--ti TITLE: �g','!'"}" �'`—.�i,�— City of Renton Month-to-Month Hangar Permit 1 � � RCW 14.08.122 Adoption of regulations by airport operator for airport rental and use and collection of charges. An airport operator may adopt all regulations necessary for rental and use of airport facilities and for the expeditious collection of airport charges.The regulations may also establish procedures for the enforcement of these regulations by the airport operator.The regulations shall include the following: (1)Procedures authorizing airport personnel to take reasonable measures including, but not limited to, the use of chains, ropes,and locks to secure aircraft within the airport facility so that the aircraft are in the possession and control of the airport operator and cannot be removed from the airport.These procedures may be used if an owner hangaring or parking an aircraft at the airport fails,after being notified that charges are owing and of the owner's right to contest that such charges are owing,to pay the airport charges owed or to commence legal proceedings. Notification shall be by registered mail to the owner at his or her last known address. In the case of an aircraft where an owner's address cannot be determined or obtained after reasonable effort,the airport operator need not give such notice prior to securing the aircraft.At the time of securing the aircraft,an authorized airport employee shall attach to the aircraft a readily visible notice and shail make a reasonable attempt to send a copy of the notice to the owner at his or her last known address by registered mail, return receipt requested,and an additional copy of the notice by first-class mail.The notice shall be of a reasonable size and shall contain the following information: (a)The date and time the notice was attached; (b)A reasonable description of the aircraft; � (c)The identity of the authorized employee; ! ! (d)The amount of airport charges owing; (e)A statement that if the account is not paid in full within ninety days from the time the notice was attached the aircraft may be sold at public auction to satisfy the airport charges; (�A statement of the owner's right to commence legal proceedings to contest the charges owing and to have the aircraft released upon posting of an adequate cash bond or other security; and (g)The address and telephone number where additional information may be obtained conceming the release of the aircraft. (2)Procedures authorizing airport personnel at their discretion to move aircraft to an area within the airport operator's control or for storage with private persons under the airport operator's control as bailees of the airport facility. Costs of any such procedure shall be paid by the aircraft's owner. (3)If an aircraft is secured under subsection (1)of this section or moved under conditions authorized by subsection(2)of this section the owner who is obligated for hangaring or parking or other airport charges may regain possession of the aircraft by: (a)Making arrangements satisfactory with the airport operator for the immediate removal of the aircraft from the airport's hangar,or making arrangements for authorized parking; and (b)By making payment to the airport operator of all airport charges or by posting with the airport operator a sufficient cash bond or other security acceptable to such operator,to be held in trust by the airport operator pending written agreement of the parties with respect to payment by the aircraft owner of the amount owing,or pending resolution of charges in a civil action in a court of competent jurisdiction. Upon written agreement or judicial resolution,the trust shall terminate and the airport operator shall receive so much of the bond or other security as is necessary to satisfy the agreement,or any judgment, costs, and interest as may be awarded to the airport operator.The balance shall be refunded immediately to the owner at the owner's last known address by registered mail, return receipt requested.The airport operator shali send to the owner by first-class mail a notice that the balance of funds was forwarded to him or her by registered mail, return receipt requested. (4)If an aircraft parked or hangared at an airport is abandoned,the airport operator may authorize the public sale of the aircraft by authorized personnel to the highest and best bidder for cash as follows: '�r �✓ (a)If an aircraft has been secured by the airport operator under subsection(1)of this section and is not released to the owner under the bonding provisions of this section within ninety days after notifying or attempting to notify the owner under subsection(1)of this section, or in all other cases,for ninety days after the airport operator secures the aircraft,the aircraft shall be conclusively presumed to have been abandoned by the owner; (b)Before the aircraft is sold,the owner of the aircraft shall be given at least twenty days'notice of sale by registered mail, return receipt requested, if the name and address of the owner are known,and the notice of sale shall be published at least once, more than ten but less than twenty days before the sale, in a newspaper of general circulation in the county in which the airport is located.The notice shall include the name of the aircraft, if any,its aircraft identification number,the last known owner and address,the time and place of sale,the amount of airport charges that will be owing at the time of sale, a reasonable description of the aircraft to be sold and a statement that the airport operator may bid all or part of its airport charges at the sale and may become a purchaser at the sale; (c)Before the aircraft is sold,any person seeking to redeem an impounded aircraft under this section may commence a lawsuit in the superior court of the county in which the aircraft was impounded,to contest the validity of the impoundment or the amount of airport charges owing.Such lawsuit must be commenced within ten days of the date the notification was provided under subsection (1)of this section,or the right to a hearing is waived and the owner is liable for any airport charges owing the airport operator. In the event of litigation,the prevailing party is entitled to reasonable attorneys'fees and costs; (d)The proceeds of a sale under this section shall first be applied to payment of airport charges owed. The balance, if any,shall be deposited+with the department of revenue to be held in trust for the owner or ` owners and lienholders for a period of pne year. If more than one owner appears on the aircraft title, and/o�! if any liens appear on the title,the department must,if a claim is made, interplead the balance into a court of competent jurisdiction for distribution.The department may release the balance to the legai owner provided that the claim is made within one year of sale and only one legal owner and no lienholders appear on the title. If no valid claim is made within one year of the date of sale,the excess funds from the sale shall be deposited in the aircraft search and rescue,safety, and education account created in"RCW 47.68.236. If the sale is for a sum less than the applicable airport charges,the airport operator is entitled to assert a claim against the aircraft owner or owners for the deficiency; (e)In the event that no one purchases the aircraft at a sale, or that the aircraft is not removed from the premises or other arrangements are not made within ten days of the sale,title to the aircraft shall revert to the airport operator. (5)The regulations authorized under this section shall be enforceable only if: (a)The airport operator has had its tariff and/or regulations, including any and all regulations authorizing the impoundment of an aircraft that is the subject of delinquent airport charges,conspicuously posted at the airport manager's office at all times.[;] (b)All impounding remedies available to the airport operator are included in any written contract for airport charges between an airport operator and an aircraft owner; and (c)All rules and regulations authorized under this section are adopted either pursuant to chapter 34.05 RCW,or by resolution of the appropriate legislative authority,as applicable. [1999 c 302§'I; 1987 c 254§2.] Notes: *Reviser's note: RCW 47.68.236 was repealed by 2005 c 341 §5.