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HomeMy WebLinkAboutLeaseDocuSign Envelope ID: 8F665E4E-BBOE-46FE-8EO8-A93A5153A25C LAG: Last Name of TENANT: JW111-60M Tie -down Number: 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 Instructions to Tenant: Fill in ALL blanks in table below; add additional pages if necessary to supply all requested information. o ( Aircraft O TENANT: W 1�1I,1�m* P.." nowner(s) (if TENANT): Street Street Address(es): IotI I l'D� Pole Address(es): �1' City/State/Zip: `�I&XIA9�L U 56�WCB� City/State/Zip: Phone: 2Q6—CU,I - Z7ZZ Phone: Alt. Phone: Alt. Phone: Email:Email: Check one: `RTENANT owns aircraft below. TENANT shall list and identify every person and ❑ TENANT leases aircraft below. entity with an ownership interest in the aircraft. Add additional pages if necessary. Access Badge # Version December 3, 2020 Access Badge # [This space intentionally blank; see next page.] DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8EO8-A93A5153A25C Instructions to Tenant: Fill in ALL blanks in table below, unless otherwise noted. "Contact LANDLORD if TENANT desires to assign more than one aircraft to this LICENSE. Requires written pre -authorization from LANDLORD." Aircraft Identification Make: Model/Yr: AV86E Acft Registration No: N 87g 7 ,�-., Color: w Aircraft is used for business purposes? ❑ Yes 5—<'No Aircraft Airworthiness Information Acft registered w/State: Aircraft Insurance Exp.: Annual Maintenance Date: ❑ Yes ,K No [FOR LANDLORD USE ONLY) Current Airworthiness Certificate Provided? ❑ 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 (which includes State of Washington leasehold excise tax (LET) at the rate of 12.84%); provided that, TENANT acknowledges that LANDLORD intends to adjust the rent to $166.53 (which includes LET at the rate of 12.84%) in 2021, and TENANT agrees to pay that adjusted rent of $166.53 upon written confirmation by LANDLORD of such rent adjustment which may be delivered to TENANT by personal delivery, electronic mail, or mail service; • Subject to the following: If the LET rate alters from 12.84%, TENANT shall pay LET at the LET rate in effect on the date of each rent payment; • 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. PLACE AND METHOD OF PAYMENT: All payments shall be made to LANDLORD as follows: (1) By delivery to City of Renton, Attention: Finance —15t Floor, 1055 South Grady Way, Renton, Washington 98057; or (2) By electronic payment using the payment portal available here: htt s: ar.rentonwa. ov . Z<_ Aircraft Storage Tie -down License Version December 3, 2020 2 DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8EO8-A93A5153A25C C. 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. d. 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. LANDLORD need not provide such thirty (30) day written notice for the rent adjustment to $166.53 described in Section 2 of this LICENSE. 3. TERMINATION: 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 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: 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. Aircraft Storage Tie -down License Version December 3, 2020 DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8EO8-A93A5153A25C 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. G TENANTS RIGHTS & OBLIGATIONS: TENANT shall: 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 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. 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. 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. Aircraft Storage Tie -down License 4 Version December 3, 2020 DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8EO8-A93A5153A25C 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. PAY TAXES: Pay any taxes on personal property situated in, on or about the tie -down area prior to delinquency. 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. 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: GOOD REPAIR: Keep the tie -down area in good condition and repair. Aircraft Storage Tie -down License Version December 3, 2020 DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8EO8-A93A5153A25C 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. 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 Aircraft Storage Tie -down License Version December 3, 2020 DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8EO8-A93A5153A25C 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. 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 BY: 13M1tisDY�. DATE: / --` D �0�� LANDLORD Docu&gned by: �cvyori, an,olrtavoi. BY: Jason Anderson Interim Airport Director DATE: 11/24/2021 1 2:58 PM PST [Instructions to TENANT: Add additional signature block(s) if TENANT is more than one person and/or entity.] Aircraft Storage Tie -down License Version December 3, 2020 DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8EO8-A93A5153A25C Read, Understood, and Agreed to by: OWNER: t LAM RQD�I DATE: 0 _ it 0 _ 2AO Z t [Instructions to TENANT. Add additional signature block(s) if more than one owner.] Aircraft Storage Tie -down License Version December 3, 2020 DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8EO8-A93A5153A25C CITY OF Insurance Guidelines for the City of Renton The City of Renton typically requires current insurance certificates for one or more of the following lines of coverage and minimum insurance limits: • $1,000,000 per occurrence and $2,000,000 aggregate for Commercial General Liability (CGL) or Special Event coverage. Limits may be increased for higher than usual or special liability exposures. • $1,000,000 combined single limit for Auto Liability. Required if a commercial vehicle will be used in performance of work or delivery of products, beyond normal commutes. • Proof of Workers' Compensation coverage, as required by the State of Washington (provide the Washington L&I or excess coverage policy number). • Excess Liability or Umbrella. Required only if needed to reach minimum CGL or auto liability coverage limits. • $1,000,000 Professional Liability. Required if professional services (e.g. architect, engineering, surveying, legal, or medical) are being provided to the city and if those professional services are excluded from the CGL policy. • $1,000,000 Pollution Liability — Required if work involves a pollution risk to the environment. • $1,000,000 per occurrence Aircraft Liability (including Property Damage Liability). Required coverage for aircraft tie -down leases. Requirements unique to the City of Renton: • Name the City of Renton as a Primary and Non-contributory Additional Insured on the policy (only applies to Commercial General, Auto Liability, Excess/Umbrella, Special Event, and Aircraft Liability policies). • The City shall be provided with written notice of any policy cancellation within a minimum of two business days of receipt of such notice by the policy holder. • The city does not represent that the minimum required insurance coverage or limits are adequate to protect the vendor/contractor/consultant from all liabilities. • Insurance certificate requirements and minimum limits can only be waived or modified with Risk Manager approval. • The certificate holder should read: City of Renton ATTN: {enter your City contact's name here and Department} 1055 South Grady Way Renton, WA. 98057 Direct any questions, comments, or concerns to: Gary B. Lamb, Risk Manager 425.430.7669 - direct 425.430.7665 - fax gllamb@ rentonwa.gov Revised 5/18/17 DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8E08-A93A5153A25C 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 shall 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; (f) 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 concerning 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 shall 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: DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8EO8-A93A5153A25C AIRCRAFT LAWS AND REGULATIONS RCW 47.68.250 Registration of aircraft. Every aircraft shall be registered with the department for each calendar year in which the aircraft is operated or is based within this state. A fee of fifteen dollars shall be charged for each such registration and each annual renewal thereof. Possession of the appropriate effective federal certificate, permit, rating, or license relating to ownership and airworthiness of the aircraft, and payment of the excise tax imposed by Title 82 RCW for the privilege of using the aircraft within this state during the year for which the registration is sought, and payment of the registration fee required by this section shall be the only requisites for registration of an aircraft under this section. The registration fee imposed by this section shall be payable to and collected by the secretary. The fee for any calendar year must be paid during the month of January, and shall be collected by the secretary at the time of the collection by him or her of the said excise tax. If the secretary is satisfied that the requirements for registration of the aircraft have been met, he or she shall thereupon issue to the owner of the aircraft a certificate of registration therefor. The secretary shall pay to the state treasurer the registration fees collected under this section, which registration fees shall be credited to the aeronautics account in the transportation fund. It shall not be necessary for the registrant to provide the secretary with originals or copies of federal certificates, permits, ratings, or licenses. The secretary shall issue certificates of registration, or such other evidences of registration or payment of fees as he or she may deem proper; and in connection therewith may prescribe requirements for the possession and exhibition of such certificates or other evidences. The provisions of this section shall not apply to: (1) An aircraft owned by and used exclusively in the service of any government or any political subdivision thereof, including the government of the United States, any state, territory, or possession of the United States, or the District of Columbia, which is not engaged in carrying persons or property for commercial purposes; (2) An aircraft registered under the laws of a foreign country; (3) An aircraft which is owned by a nonresident and registered in another state: PROVIDED, That if said aircraft shall remain in and/or be based in this state for a period of ninety days or longer it shall not be exempt under this section; (4) An aircraft engaged principally in commercial flying constituting an act of interstate or DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8E08-A93A5153A25C (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 one year. If more than one owner appears on the aircraft title, and/or 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 legal 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 § 1; 1987 c 254 § 2.] Notes: *Reviser's note: RCW 47.68.236 was repealed by 2005 c 341 § 5. DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8EO8-A93A5153A25C foreign commerce; (5) An aircraft owned by the commercial manufacturer thereof while being operated for test or experimental purposes, or for the purpose of training crews for purchasers of the aircraft; (6) An aircraft being held for sale, exchange, delivery, test, or demonstration purposes solely as stock in trade of an aircraft dealer licensed under Title 14 RCW; (7) An aircraft based within the state that is in an unairworthy condition, is not operated within the registration period, and has obtained a written exemption issued by the secretary. The secretary shall be notified within thirty days of any change in ownership of a registered aircraft. The notification shall contain the N, NC, NR, NL, or NX number of the aircraft, the full name and address of the former owner, and the full name and address of the new owner. For failure to so notify the secretary, the registration of that aircraft may be canceled by the secretary, subject to reinstatement upon application and payment of a reinstatement fee of ten dollars by the new owner. A municipality or port district that owns, operates, or leases an airport, as defined in RCW 47.68.020, with the intent to operate, shall require from an aircraft owner proof of aircraft registration as a condition of leasing or selling tiedown or hanger space for an aircraft. It is the responsibility of the lessee or purchaser to register the aircraft. The airport shall work with the aviation division to assist in its efforts to register aircraft by providing information about based aircraft on an annual basis as requested by the division. [2003 c 375 § 4; 1999 c 302 § 2; 1998 c 188 § 1; 1995 c 170 § 3; 1993 c 208 § 7; 1987 c 220 § 3; 1979 c 158 § 206; 1967 ex.s. c 9 § 8; 1955 c 150 § 11; 1949 c 49 § 12; 1947 c 165 § 25; Rem. Supp. 1949 § 10964-105. Formerly RCW 14.04.250.] Notes: Effective date -- 2003 c 375: See note following RCW 47.68.240. Severability -- 1987 c 220: See note following RCW 47.68.230. Aircraft dealers: Chapter 14.20 RCW. Definition of terms: RCW 14.20.010, 47.68.020. DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8EO8-A93A5153A25C IMPOUNDMENT PROCEDURES AND PUBLIC SALE OF ABANDONED AIRCRAFT 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 shall 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; (f) 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 DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8EO8-A93A5153A25C (g) The address and telephone number where additional information may be obtained concerning 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 shall 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: (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 DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8EO8-A93A5153A25C 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 one year. If more than one owner appears on the aircraft title, and/or 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 legal 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 § 1; 1987 c 254 § 2.] NOTES: *Reviser's note: RCW 47.68.236 was repealed by 2005 c 341 § 5. DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8EO8-A93A5153A25C Armondo Pavone Mayor Public Works Department Martin Pastucha, Administrator Renton Municipal Airport, Clayton Scott Field Dear Tenant, The City of Renton only offers a tie -down agreement in limited circumstances, pursuant to Renton Municipal Airport policy. A tie down agreement is only available for Seaplane storage and for the aircraft registration assigned to the month -to -month lease agreement with the Renton Municipal Airport. The area designated as the 1101 parcel has been selected for seaplane aircraft storage as a temporary measure until a development plan or a Request for Proposal (RFP) has been submitted for the property. The Renton Municipal Airport plans to publicly request proposals for development of this parcel prior to January 1, 2023. Once an RFP is accepted and approved by the City, all current tie down agreements impacted by that agreement will be terminated. Please note that the City of Renton and the Renton Municipal Airport are under no obligation to provide a substitute tie -down area to the Tenant after the Tenant has received the termination notice in accordance with section 3 of this tie -down agreement. Regards, Airport Staff Tenant Signature Igjiw�tu re 616 W Perimeter Rd Unit A, Renton, WA 98057 • rentonwa.gov DocuSign Envelope ID: 8F665E4E-BBOE-46FE-8EO8-A93A5153A25C