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HomeMy WebLinkAboutUkiah Aviation 2008-06-27CITY OF UKIAH LEASE AGREEMENT THIS AGREEMENT, made and entered into on this 27thS!ay of June 2008 by and between City of Ukiah, a Municipal Corporation in the County of Mendocino, State of California, hereinafter called "lessor," and Ukiah Aviation hereinafter called "lessee". I T N E S S E T H: WHEREAS, lessor owns and operates an airport known as Ukiah Regional Airport and accompanying Old Administration Building located in the City of Ukiah, County of Mendocino, State of California; and WHEREAS, lessee is engaged in a aviation related business including Charter Air Service and WHEREAS, lessee desires to rent certain facilities, rights, services, and privileges in connection with and on the Airport, and lessor is willing to rent same to lessee upon the terms and conditions hereinafter stated. NOW THEREFORE, for and in consideration of the premises and mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Public Parking Space: Lessor hereby undertakes to provide at the Airport adequate and convenient public parking space for motor vehicles of the general public. Charges may be made by lessor for such parking, at reasonable rates, but lessor will not charge lessee, s accredited employees for their parking use of such space. 2. Ingress and Egress: Lessee shall have full and free right of ingress and egress from the Airport over roadways of lessor, for itself, its employees, clients, and invitees. 3. Building Use: Lessor hereby leases to lessee office space #5 in the Old Administration Building, as described in Exhibit A attached hereto and made a part hereof by reference. Said space in said building is to be used for the purpose of an Air Charter Service being an aviation related activity. Lessee is further granted permission to place, for the purpose of advertisement, a sign on the sign board at the front entrance of said Airport; lessee may also use the window space of said office for advertising purposes. 4. Term and rental Fee: The term of this lease is for one year from and after the date first above written. From and after the commencement of this lease, rental for space in said Old Administration Building hereby rented to lessee shall be office space #5 at the rate of $.92 per square foot. Said fee includes charges for utilities excepting there from telephone service which, if desired, shall be paid for and installed by lessee. Rent hereunder of $78, shall be due and payable monthly in advance, and shall be delinquent if not paid by the 10th day of every month. Lessor agrees to maintain said Old Administration Building and spaces leased to lessee in a reasonable condition. Any insurance coverage desired by lessee shall be at his own expense. 5. Rental Adjustment: Upon being given Thirty (30) days written notice, lessor may adjust rental fees of lessee set forth in paragraph 4, to an amount which has been approved by the City Council. 6. Rules and Regulations: Lessee shall obey all rules and regulations of the City of Ukiah relating to the use of facilities at the Airport. This includes all fire, safety, and health regulations. Lessee shall obey the laws and regulations of the United States, the State of California, and the orders and regulations of any officer of the City of Ukiah. Lessee shall also obey rules and regulations of the Airport as now existing of hereafter amended. 7. Discrimination: Lessee shall neither discriminate nor permit discrimination against any person or group of persons on the grounds of race, color, or national origin in any manner prohibited by the Federal Aviation Regulations, Part 15. The noncompliance with this covenant shall constitute a material breach, and the lessor may terminate the lease. 8. Indemnity: Lessee agrees to indemnify and hold lessor harmless from against all liability arising from the death of, injuries to, persons and loss of, or damage to, property arising out of lessee's use of Airport premises due to its fault or negligence. However, lessee shall not be liable for any death, injury, damage, or loss occasioned by the negligence of lessor, its agents, or employees. The lessor shall give lessee prompt and timely notice of any claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise effects or might affect lessee, and lessee shall have the right to compromise and defend the same to the extent of its own interest. 9. Assignment: Lessee shall not at any time assign this agreement or any part thereof without the consent in writing of lessor, provided that the foregoing shall not prevent the assignment of this agreement to any corporation with which lessee may merge or consolidate or which may succeed to the business of. 10. Termination: Either party to this agreement herein entered into may terminate said agreement by giving to the other party Thirty (30) days notice in writing of the intent to so terminate. Provided, however, that lessor shall have the right to terminate said agreement by giving Ten (10) days notice to lessee should lessee fail to comply with any provisions of this agreement. IN WITNESS WHEREOF, the parties hereto executed this Agreement on June 28th, 2008. Lessee Ukiah Aviation 1415 South State Street Ukiah, CA 95482 (707) 463-2655 Daryl H dson - Ow er Lessor Ukiah Regional Airport 1403 South State Street Ukiah, CA 95482 (707) 467-2817 Paul Richey - Airpo t Manager C O N p n _ i p r N 2 2 u o J N O o D N Q7 -n ~ r-- ro ro A Q D ~ 0 O to -Tj O A D O n C' O .~J F 1 A O Cl) C in p C u p O V V l l m