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HomeMy WebLinkAboutLease LAG-20-005 LAG: Last Name of TENANT: RA I N I ER. 'PE { cm-r 5 Vc.- Tie-down Number: E - Co RENTON MUNICIPAL AIRPORT/CLAYTON SCOTT FIELD AIRCRAFT STORAGE TIE-DOWN LICENSE LANDLORD: City of Renton/Renton Municipal Airport Tie-down No.: 616 W Perimeter Rd—Unit A Renton,WA 98057 InstructionsAto Tenant Fill in ALL'blanks in•.table below, add additional pages;if necessaryrto supply all requested informations Aircraft TENANT: IN3I IZ T $vc. Owner(s) (if not TENANT): Street Street Address(es): SOb LA-,• PC2IMe1 Z. Zp Address(es): City/State/Zip: '`-1 WA' a%0 511 7 City/State/Zip: Phone: L[2.5.-1.110— (aZ1 3 Phone: Alt. Phone: Alt. Phone: Email: A-LoouFJriM& 2A I' 2FLimH. eomEmail: Check one: NiTENANT owns aircraft below. TENANT shall list and identify every person and 0 TENANT leases aircraft below. entity with an ownership interest in the aircraft. Add additional pages if necessary. Access Badge# Access Badge# [This space intentionally blank; see next page.] DRAFT—Version April 18,2019 fnstructions:to Tenant Filh n ALL blanks m tai?le below, unless;otherv✓ise noted *co i reauthorization from LANDLORD of ntact LANDLORD if I MNTdepsires to assign more than one aircraft;to,this LICENSE.Requires written Aircraft Identification Aircraft Airworthiness Information Make: Acft registered ❑ Yes ❑ No A N' w/State: Model/Yr: s'e"e' Aircraft Insurance Exp.: Acft Registration No: N Annual Maintenance Date: Color: Aircraft is used for business purposes? [FOR LANDLORD USE ONLY] Current Airworthiness Certificate Provided? ❑ Yes ❑ No ❑ Yes ❑ No This LICENSE is made and entered into between LANDLORD and TENANT, as follows: 1. TERM: This LICENSE creates a tenancy from month to month. 2. RENT: One month's rent is: • $120.00 effective on January 1, 2020, and $166.53 effective on April 1, 2020; • Plus State of Washington leasehold excise tax ("LET"); • Both of which are payable by TENANT commencing upon execution of this LICENSE by the TENANT. a. RENT DUE DATE: All rent,together with LET and any other federal, state, or local taxes, is due in advance on the first of each month. Should the effective date of this LICENSE be other than the first day of a month, rent shall be prorated for the first month. b. LATE PAYMENT FEE: LANDLORD will assess and TENANT will pay a collection charge of 5% per month for each month of delinquency until paid. If any check received by LANDLORD is returned unpaid for any reason, LANDLORD reserves the right to make an additional charge of$25.00. c. RENTAL ADJUSTMENT: LANDLORD may adjust rents and agrees to give TENANT thirty (30) days'written notice of an adjustment before the adjustment will take effect. . Aircraft Storage Tie-down License 2 Version December 12,2019 3. TERMINATION: a. This LICENSE may be terminated by either party for any reason or no reason upon thirty (30) days' written notice to the other,except as otherwise expressly S provided in this LICENSE. In the event of termination, LANDLORD is under no obligation to provide substitute tie-down area to TENANT. Upon termination,the TENANT must remove the aircraft from the tie-down area and the Airport unless otherwise agreed in writing between TENANT and LANDLORD. b. If TENANT fails to give thirty(30) days'written notice to terminate,TENANT shall be liable for rent up to and including thirty(30) days beyond the date of termination of this LICENSE. 4. FAILURE TO PAY: a. COLLECTION COSTS: TENANT shall bear all fees,costs and expenses incurred by LANDLORD in enforcing the terms of this LICENSE or in the collection of amounts due hereunder. b. AIRCRAFT MAY BE TAKEN UNDER POSSESSION AND CONTROL OF CITY OF RENTON: If the TENANT fails to pay the airport charges owed and the account is at least sixty (60) days delinquent, LANDLORD's Airport personnel may take reasonable measures,without need to first obtain any form of court order, including but not limited to the use of chains, ropes, and locks,to secure the aircraft within the airport facility so that the aircraft is in the possession and control of the City of Renton and cannot be removed from the Airport. In the event of non-payment of all charges due and owing to LANDLORD pursuant to this LICENSE, LANDLORD will follow the procedures set out in RCW 14.08.122 as it is written at the time of the default. c. AIRCRAFT MAY BE SOLD AT PUBLIC AUCTION TO SATISFY THE AIRPORT CHARGES: If an aircraft has been taken into the possession and control of the City of Renton pursuant to Section 4.b of this LICENSE and has not been claimed by its owner within ninety(90)days after notifying the owner at his or her last known address by registered mail, return receipt requested,with a copy of the notice sent by first class mail,TENANT AND OWNER HEREBY AGREE THAT THE AIRCRAFT SHALL BE CONCLUSIVELY PRESUMED TO HAVE BEEN ABANDONED BY THE OWNER. 5. RULES AND REGULATIONS: TENANT shall comply with all rules and regulations and minimum standards governing the Renton Municipal Airport(copy of current rules is posted at the Airport Manager's Office). Failure to comply with rules and regulations and minimum standards may result in the immediate termination by LANDLORD of this LICENSE. 6 TENANTS RIGHTS &OBLIGATIONS: TENANT shall: a. TIE-DOWN USE: Use the tie-down area only to store the aircraft listed above which is owned or leased by TENANT. Aircraft must be airworthy, and if Aircraft Storage Tie-down License 3 Version December 12,2019 temporarily undergoing repairs,tenant must provide the Airport Manager with a schedule showing when repairs will be performed.Whenever an aircraft is temporarily undergoing repairs, a red tag must be affixed to the aircraft stating the date repairs started,the date repairs will be completed,the date the repair schedule was furnished to the Airport Manager, and the name and phone number of the TENANT. If TENANT fails to adhere to an agreed upon repair schedule, or place and maintain the required red tag on the aircraft, LANDLORD may terminate this LICENSE upon five (5) days' written notice. b. AIRCRAFT REPAIR& MAINTENANCE: Use the tie-down area only for the making of minor repairs of TENANT's aircraft or equipment authorized by the Federal Aviation Administration to be performed by the owner, such as oil changes or spark plug replacement. No maintenance shall be performed by persons other than the TENANT named above. TENANT shall not make any repairs above those authorized to be made by an aircraft owner, even if TENANT is otherwise qualified and certified. If TENANT violates this obligation, LANDLORD may terminate this LICENSE upon five (5) days written notice. No later than December 31 of each year,TENANT shall provide LANDLORD with a copy of the annual inspection report for TENANT's aircraft. c. NO SUBLEASE OR ASSIGNMENT: Allow no other party or parties to occupy any portion of the tie-down area either by assignment,sublease, license or permit. d. CHARTER/RENTAL/REPAIR/INSTRUCTION SERVICE PROHIBITED: Conduct no charter, rental, repair or instructional service, or offer any other commercial activity to the general public in or from the tie-down area. e. NOTIFY LANDLORD OF DEFECTS: Report to the Airport Manager any defects in the tie-down area which, in the TENANT's opinion, require maintenance. f. KEEP PREMISES CLEAN: Keep the tie-down area clean and free of debris and not place or allow to be placed any debris on Airport property. No maintenance boxes, ladders,or other items may be placed on the premises. g. NO TIE-DOWN MODIFICATIONS: Make no modifications, alterations, post signs or otherwise change any part of the tie-down area. TENANT shall not introduce or use any other tie-down device than those furnished by LANDLORD. h. COMPLY WITH APPLICABLE LAWS: Comply with applicable federal,state, and local laws and regulations now in force or hereafter promulgated. TENANT shall not bring or cause to be brought onto the Airport any illegal item or substance. Aircraft Storage Tie-down License 4 Version December 12,2019 i. PAY TAXES: Pay any taxes on personal property situated in,on or about the tie-down area prior to delinquency. j. KEEP TAXIWAYS AND TAXILANES FREE: Keep the taxiways or taxilanes free of parked or unattended aircraft. Keep the access to any tie-down area free of parked or unattended aircraft. k. INSTALL TIE-DOWN ROPES/CHAINS: Install and maintain all tie-down ropes or chains. Tie-down ropes or chains shall be left tensioned, but shall be used in such a manner that a slight amount of slack exists in the ropes or chains. I. MAINTAIN GATE CODE CONFIDENTIALITY/OBTAIN ACCESS CARD: Maintain gate code confidentiality and not allow access to the Airport by non- authorized parties. Obtain a gate access card by successfully completing the Ground Vehicle Operating Rules course. Information is available from the Airport Manager's office. m. INGRESS/EGRESS: Have the full and free right of ingress to and egress from the tie-down area for TENANT, and TENANT's passengers,guests and other invitees. TENANT and TENANT's passengers, guests and other invitees shall conduct themselves in an orderly and proper manner so as to not disturb others at the Airport. Children shall be under constant adult control and shall be restricted to the TENANT's tie- down area. Dogs and other pets shall be on a leash or caged whenever on the Airport. n. AUTOMOBILE PARKING: West side tenants- Park vehicles only in the parking spaces provided at the west end of the tie-down area East side tenants—Park vehicles in the tie-down area assigned to TENANT. 7. LANDLORD'S RIGHTS AND OBLIGATIONS: LANDLORD shall: a. GOOD REPAIR: Keep the tie-down area in good condition and repair. b. PROVIDE ACCESS Provide access to the tie-down area and to the public taxiways, ramps and runway at the Renton Municipal Airport. c. KEEP PREMISES CLEAN: Keep the public taxiways adjacent to the tie-down area clear of debris. d. INSTALL/REMOVE TIE-DOWN PADS: Install or remove tie-down pads as required. Aircraft Storage Tie-down License 5 Version December 12,2019 e. RESERVE RIGHT TO SUBSTITUTE: Reserve the right, but not the obligation,to substitute comparable tie-down facilities. f. REGULATE/DEVELOP/IMPROVE: Regulate, develop, improve, reconstruct or modify the tie-down area in LANDLORD's sole discretion. g. PROVIDE NO ADDITIONAL SERVICES: Provide no other services of any kind or description unless specifically mentioned herein or added by amendment. h. POSTING OF AIRPORT RULES AND REGULATIONS: Conspicuously post the Airport Rules and Regulations and all regulations authorizing the impoundment of an aircraft that is the subject of delinquent airport charges, at the Airport Manager's office. 8. INDEMNIFICATION AND HOLD HARMLESS: TENANT agrees to protect and save LANDLORD, its elected and appointed officials and employees harmless from and against all claims, demands, and causes of action of any kind or character, including third party claims, and including the cost of defense thereof from personal injuries, death or damage to property arising out of or related to the tie-down area rented by the TENANT in any way resulting from the willful or negligent acts or omissions of the TENANT and/or its agents, employees or representatives, except the sole and exclusive willful and negligent acts or omissions of LANDLORD's representatives. The TENANT shall comply promptly and completely with all governmental laws, rules, regulations and requirements for the proper and lawful use, sale,transportation, treatment, and/or disposal of Hazardous Substances; and upon request furnish proof to LANDLORD of such compliance. The TENANT shall protect, defend, and indemnify LANDLORD from any and all costs, fees, penalties and charges assessed against LANDLORD, including attorney's fees and defense costs arising out of or as a result of the TENANT's handling, storage, containment, disposal,transportation and sale of Hazardous Substances as defined now or hereafter defined by the MTCA (chapter 70.105D RCW). 9. INSURANCE: During the term of the LICENSE,the TENANT shall maintain Commercial General Liability insurance with limits of not less than $1 million combined single limit per occurrence. The City of Renton shall be named as Additional Insured(s) on TENANT's policy, with that coverage being primary and non-contributory with any other policy(ies) available to the City.The above policy shall cover or be endorsed to cover the City of Renton, it's officers, officials, employees, and agents as additional insureds. The TENANT shall provide a certificate of insurance on or prior to the effective date of the LICENSE, or upon written request of the City of Renton. The policy of insurance shall provide that neither party to the insurance contract can terminate the insurance without first giving the City of Renton 45 days' notice of such impending termination. Aircraft Storage Tie-down License 6 Version December 12,2019 • Prior to the expiration date of the required insurance coverage, the TENANT shall provide a new certificate of insurance to the Airport Manager. 10. LIABILITY TO TENANT AND PROPERTY: LANDLORD shall not be liable to the TENANT or TENANT'S officers, agents, employees or guests for any damage caused to them or their property. In the event of damage or destruction to the Airport or tie-down facilities, LANDLORD is under no obligation to provide substitute tie-down area to TENANT. 11. ASSIGNMENT: This LICENSE is not assignable or transferable. 12. JURISDICTION: This LICENSE will be interpreted in accordance with the laws of the State of Washington. 13. NOTICES: All notices required herein shall be delivered to and shall be deemed received when hand delivered OR three.days from the date posted in the US Mail. Addresses for LANDLORD and TENANT for notice purposes shall be as listed on page 1 of this LICENSE, except as may be updated or otherwise amended by LANDLORD and/or TENANT. 14. NO WAIVER: No waiver by LANDLORD of a breach by TENANT of any term of this LICENSE shall be construed to be a waiver of any succeeding breach of the same or any other term of the LICENSE. The acceptance by LANDLORD of rent after any breach by TENANT shall be construed to be payment for the use and occupation of the tie-down area and shall not waive any such breach or any right of forfeiture arising therefrom. 15. ENTIRE AGREEMENT: This LICENSE constitutes the entire agreement of the parties regarding the rights and obligations described herein. The LICENSE may be modified only in writing and signed by authorized representatives of each party. TENANT LANDLORD BY: Arl.�. •!/ BY: �/� Harry Barrett, Jr., cc. ��" �" Airport Manager DATE: (z I Z9lS.. — — DATE: I — [Instructionsto_TENANT Add additional signature'block(s) if TENANT more than one person and%or;entity>] Read, Understood, and Agreed to by: OWNER: BY: DATE: [Insfructions•to,TENA'NT -Add additibnal'signatiire blocks) if'Mote'than one owner.] Aircraft Storage Tie•down License 7 Version December 12, 2019