HomeMy WebLinkAboutLeaseDRAFT – Version April 18, 2019
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.
TENANT: _____________________________
Aircraft
Owner(s) (if
not
TENANT):
_____________________________
Street
Address(es): _____________________________
Street
Address(es): _____________________________
City/State/Zip: ________________________ City/State/Zip: ________________________
Phone: __________________________ Phone: ____________________________
Alt. Phone: __________________________ Alt. Phone: ____________________________
Email: _____________________________ Email: _____________________________
Check one: TENANT owns aircraft below.
TENANT leases aircraft below.
TENANT shall list and identify every person and
entity with an ownership interest in the aircraft.
Add additional pages if necessary.
Access Badge #______________________ Access Badge #___________________________
[This space intentionally blank; see next page.]
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# $"!)*+
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+"-!
LAG: _LAG-20-030 ____
Last Name of TENANT: _"!)*+______________
Tie-down Number: ____ ___________
Aircraft Storage Tie-down License 2
Version December 3, 2020
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 Aircraft Airworthiness Information
Make: Acft registered
w/State:
Yes No
Model/Yr: 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:
x $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;
x 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;
x 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 – 1 st Floor, 1055
South Grady Way, Renton, Washington 98057; or (2) By electronic payment using
the payment portal available here: https://ar.rentonwa.gov/.
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%,! "#+!
Aircraft Storage Tie-down License 3
Version December 3, 2020
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:
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
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.
Aircraft Storage Tie-down License 4
Version December 3, 2020
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
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.
Aircraft Storage Tie-down License 5
Version December 3, 2020
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.
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.
l. 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.
Aircraft Storage Tie-down License 6
Version December 3, 2020
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
7
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 LANDLORD
BY: BY:
Jason Anderson,
Interim Airport Director
DATE: DATE:
[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
.
Aircraft Storage Tie-down License 8
Version December 3, 2020
BY:
DATE:
[Instructions to TENANT: Add additional signature block(s) if more than one owner.]
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.
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:
x $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.
x $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.
x Proof of Workers’ Compensation coverage, as required by the State of Washington
(provide the Washington L&I or excess coverage policy number).
x Excess Liability or Umbrella. Required only if needed to reach minimum CGL or auto
liability coverage limits.
x $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.
x $1,000,000 Pollution Liability – Required if work involves a pollution risk to the
environment.
x $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:
x 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).
x 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.
x The city does not represent that the minimum required insurance coverage or limits
are adequate to protect the vendor/contractor/consultant from all liabilities.
x Insurance certificate requirements and minimum limits can only be waived or
modified with Risk Manager approval.
x 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
glamb@rentonwa.gov
Revised 5/18/17
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:
(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.
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
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.
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
(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
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:
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