HomeMy WebLinkAboutEpperson, Robert 2012-12-05 . , /� pr �a-ao7
uKIqH REGIONqL
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AIRPORT
HANGAR RENTAL AGREEMENT
THIS AGREEMENT, made by and between CITY OF IJKiAH, a Municipal Corporation,
hereinafter called ("City"), and Robert Epperson, hereinafter called("Renter").
WITNESSETH:
City does hereby rent to Renter on a month-to-month basis that certain building known as
"HANGAR NO. 57 " situated at the Ukiah Regional Airport in the City of Ukiah, County of
Mendocino, State of California, and the grounds necessary and incidental for the use thereof, and
for the purposes herein provided,under the following terms and conditions:
1. Rent.
The rental rate for said hangar and incidental premises sha11 be$127.00 per month
payable monthly in advance as hereinafter set forth.
2. Time of Pavment,Late Fees.
As stated,rents aze payable monthly in advance,begimiing on the lst day of Dec.
2012, and aze to be considered delinquent if not paid by the l Oth day of each month
thereafter. If the rent is not made within such period, or a satisfactory agreement
reached between the Renter and the Airport Manager,then this Agreement shall be
considered terminated, and the Renter shall haue no further rights hereunder. Rent
that has become delinquent sha11 be subject to a late fee of$25. In addition, Renter
shall pay Lessor interest on the unpaid portion of the delinquency unril paid in full as
provided in the Ukiah City Code, Section 2051. Renter shall pay any possessory
interest or personal property taafes lawfully imposed by a taacing jurisdiction on the
leased premises or the property stored therein and shall fully indemnify and defend
Lessor for and against any such liability.
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3. Use of Premises.
These premises aze rented to Renter for the sole purpose of storing aircraft with the
following idenrification number or numbers: 5377E , a portion of which is/aze
owned or leased by Renter and based at the Ukiah Regional Airport. The defuution
of"based" shall be that the aircraft may not be absent from the hangaz for a period of
30 continuous days except for normal aviation activities and functions,repair and/or
maintenance of the aircraft, during the purchase or lease of a replacement aircraft
under Pazagraph 5, below, or upon written request to and approval by the Airport
Manager for any other purpose.
Aircraft must be airworthy(lawful to fly). Kit/Homebuilt aircraft and aircraft
involved in an accident require many hours to completehepair. The Airport
Manager sha11 give a Renter not less than_days notice that an aircraft must be
airworthy or be deemed to violate the provisions of this paragraph.
Renter promises and agrees to keep said storage hangaz orderly and clean at all
times, free and cleaz of any and all items that are or may be deemed a fire or other
safety hazard by the State Fire Mazshal and/or the City of LJkiah(as determined by
the Airport Manager). Renter ag�ees to remove such hazardous items, at Renter's
expense,within 48 hours after receiving written notice to do so from any of the
above parties. Renter agrees that should it be necessary for the Airport StafF to
enter and remove any unlawful debris from the hangaz after failure by Renter to
comply with the above written notification, he will pay to the City of tJkiah any
costs that are incurred in said removal.
The City may amend or add to Hangaz Rental Agreements as it deems necessary or
appropriate.Not later than thirty(30)days after they are adopted,the City shall give
the Renter written notice of any such amendment or addifion. After the City
provides such notice,the Renter shall comply with the amended or new rules.
4. Right of Inspection.
Renter promises and agrees to permit personnel ofthe Airport staffto enter, inspect,
and remove any and all trash and debris that the City deems necessary. Everv
Januarv the han¢ar will be insuected and the Aircraft of Record Reeistration
and Documentation Checklist will be checked.
5. Renlacement Aircraft.
Should the Renter fail to pay the rent as herein specified,or discontinue the ownership
or lease of an aircraft,then this Agreement shall immediately terminate,and City shall
have the right to rent the hangaz to other parties. Should the Renter desire to retain the
hangaz space due to the purchase ar lease of a replacement aircraft within a period of
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not more than 60 days from the date of discontinuance of ownership or lease of an
aircraft as stated above,upon notification of and approval by the Airport Manager,
payment of the required rents, and compliance with the terms and lnnitations herein,
this lease shall remain in effect.
6. No Alterations.
Renter shall not make any alterations or additions to the hangar without written
approval of the Airport Manager. Signs, emblems, or advertising shall not be placed
or erected on or in the premises.
7. Assienment.
This Agreement shall not be assigned,transferred, sublet,or underlet by the Renter.
If ownership or leasehold of the stored aircraft is transferred completely to an entirely
new owner or lessee,with none of the existing owners/lessees remaining on the
airplane's title or lease contract,then such new owner(s) or lessee(s) shall haue no
right to continue as Renter(s) of this hangar, and this Agreement sha11 be terminated
and the City shall haue the rights as specified in in Paragraph 5, when the Rental
Agreement terminates.
8. Utilities.
City sha11 not be obligated to fiirnish to Renter any light,power,telephone,water, or
other utilities under the terms of this Agreement,and any plans of the Renter to install
utilities of any kind shall have written approval from the Airport Manager.
9. Termination.
Renter agrees that if he should fail to keep, comply with, or perform any of the
agreements, covenants, or conditions of this Agreement, City shall have the right to
terminate this Ag�eement, and to enter upon said premises, and remove all persons
and properry, and repossess itself of its former estate. This Agreement may be
terminated by either party upon given at least thirty(30)days' prior WRITTEN notice
to the other parry. [Automatically true of a month-to-month tenancy.Not necessary to
state this.]
10.Lien for Uaaaid Rent.
The Renter's aircraft and any other personal properiy stored in the leased premises
will be subject to a clann of lien and may even be sold to satisfy the lien if the rent and
other chazges due remain unpaid for 14 consecutive days. This lien is authorized by
the provisions of Chapter 10 of Division 8 of the California Business and Professions
Code (comxnencing with Section 21700).
11. Improvement of Airaort.
The City reserves the right to fiirther develop or improve the premises of iJkiah
Regional Airport as it shall deem necessary,regardless of the desire or views of the
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Renter and without interference or hindrance of the Renter.
12.Rieht of Access.
Upon conforming to and abiding by all the agreements, covenants, and conditions of
this Agreement,Renter shall ha�e the right to the enjoyxnent and peaceful possession
of the premises hereby rented, and free access thereto for himself and his guests;
provided, however,that such access sha11 not interfere with or jeopazdize the use of
said Airport. For the purposes of this Agreement,the word"guests" includes Renter's
family.
13.Rent Chan¢es.
The City reserves the right to increase or decrease rental rates as established by the
City Council by notification of the renter at least fifteen(15)days prior to the effective
date of such increase or decrease of rental rates.
14. Indemnification.
This Agreement is made upon the express agreement by Renter that City sha11 not be
liable for damages, or claims for damages, arising from bodily injury or death of
Renter,or his guests,and that City shall not be liable for the damage to,or deshuction
of, any of Renter's properry while in, on, or in any way connected with the premises
rented under this Agreement, whenever such bodily injury, death, damage,or
destruction is not caused directly, solely, and exclusively by activities of City, its
agents, or employees. Renter fiirther expressly agrees to save and hold harmless the
City from all claims, losses, expenses, demands, chazges, liens, liabilities, causes of
action, or proceedings, of whatever nature, on account of damage to, or loss or
destruction of, any property, or arising out of the injury to, or death of any person or
persons, which claims,losses, expenses, demands, charges, liens, liability, causes of
action, or proceedings in any way arise out of or are the result of activities of either
Renter or his guests. Renter agrees to indemnify City for payment of any damages or
claims for damages arising from bodily injury or death of guests or Renter,whenever
such bodily injury or death is not directly, solely, and exclusively caused by acdvities
of City, its agents, or employees.
15. Insurance.
Renter sha11 provide at his own expense insurance covering bodily injury and property
damage to all persons using the leased premises in a minimum amount of One
Hundred Thousand($100,000) dollazs each person and One Million($1,000,000)
dollazs for each occurrence and property damage in a minimum amount of One
Million($1,000,000) dollazs for each occurrence. Renter shall name Lessor as an
additional insured and shall fiirnish to Lessor a Certificate of Insurance showing that
said insurance required hereunder has been obtained. Such insurance shall be kept in
force throughout the entire term of this lease or any eactension thereo£ Homeowners
insurance is NOT satisfactory and does not fulfill the above requirements. Aircraft
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under construction or repair projects need only provide Premises Liability insurance
as herein provided.
16. Notice.
Renter shall provide in this space the name and address to which he or she wishes all
notices permitted or required under this Agreement to be sent and all notices sent
pursuant to Chapter 10,Division 8 ofthe California Business and Professions Code.
Renter may also provide in the space provided below the name and address of
another person to whom the preliminary lien notice and subsequent notices required
to be given under said chapter may be sent. Notices will be sent to both addresses, if
provided. Failure oFthe Renter to provide an alternate address shall not affect the
Lessor's remedies under said chapter or under any other provision of law:
Renter: Robert Epperson
327 Sutton Circle
Danville, CA 94500
(925) 785-2240/(925) 743-1045
Alternate: [name]
[address]
Lessor: City of iJkiah
Finance Departtnent
300 Seminary Ave.
iJkiah, CA. 95482
Except as otherwise required by law,notices shalI be deemed given when
personally delivered or placed in the United States Mail addressed as provided
above with proper first class postage�xed thereto. Notice of an address change
may be given at any time as provided herein.
17.Time of Essence.
Time is ofthe essence ofthis Agreement.
18.A¢reement subiect to Federal Reeulation of Airoort.
This Agreement shall be subordinated to the provisions of any existing and fi�rtlier
agreement, rules and regulations between City and the United States of America, or
any agency or administrative arm thereof relating to the operation or maintenance of
the [Ikiah Regional Airport or the conduct or operation of any flight school, or other
governmental operation theraof.
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19. Waiver.
No waiver by Lessor of any of the provisions of this Lease or failure of Lessor to
object to a breach thereof by Renter shall constitute a waiver of any other provisions
of this Lease, or of the Lessor's right to enforce a subsequent breach of the same or a
different provision of the Lease. No waiver shall be deemed a continuing one or bind
the Lessor in any way, unless confirmed in a writing signed by the Airport Manager
IN WITNESS WHEREOF, the parties hereto executed this Agreement in duplicate Uus
DATE.
CITY
Airport
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