HomeMy WebLinkAboutMercer - APT 12-013 Hangar 58 2012-12-19 , , �-Pr /a- ol3
� '
� uKIpH REGIONqL
�
�
AIRPORT
HANGAR RENTAL AGREEMENT
THIS AGREEMENT,made by and beriveen CITY OF UKIAII,a Municipal Corporation,
hereinafter called("City"), and Eric Mercer, hereinafter called("Renter").
WITNESSETH:
City does hereby rent to Renter on a month-to-month basis that certain building known as
"HANGAR NO. 58 " situated at the iJkiah Regional Airport in the City of iJkiah, 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 hangaz 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 Jan.
2013, and are 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 sha11 have no fiirther 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 until paid in full as
provided in the iJkiah City Code, Section 2051. Renter shall pay any possessory
interest or personal properry taaces lawfully imposed by a ta�cing jurisdiction on the
leased premises or the property stored therein and shall fully indemnify and defend
Lessor for and against any such liability.
1
3. Use of Premises.
These premises aze rented to Renter for the sole purpose of storing aircraft with the
following identification number or numbers: 9292A , a portion of which is/aze
owned or leased by Renter and based at the LJkiah Regional Airport. The definition
of"based" sha11 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 Paragraph 5,below, or upon written request to and approval by the Airport
Manager for any other purpose.
Aircraft must be airworthy(lawfiil to fly). Kit/Homebuilt aircraft and aircraft
involved in an accident require many hours to complete/repair. The Airport
Manager shall give a Renter not less than 90 days notice that an aircraft must be
airworthy or be deemed to violate the provisions of this pazagraph.
Renter promises and agrees to keep said storage hangaz orderly and clean at a11
times, free and cleaz of any and all items that aze or may be deemed a fire ar other
safety hazard by the State Fire Mazshal and/or the City of iJkiah(as determined by
the Airport Manager). Renter agrees to remove such hazazdous 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 hangar after failure by Renter to
comply with the above written notification, he will pay to the City of Ukiah any
costs that aze incurred in said removal.
The City may amend or add to Hangar Rental Agreements as it deems necessary or
appropriate.Not later than thiriy(30)days after they aze adopted,the City shall give
the Renter written notice of any such amendment or addition. After the City
provides such notice,the Renter shall comply with the amended or new rules.
4. RiEht of Inspection.
Renter promises and agrees to pernut personnel of the Airport staff to enter,inspect,
and remove any and all trash and debris that the City deems necessary. Eve
Januarv the han¢ar will be insaected and the Aircrafr of Record Reeistration
and Documentation Checklist will be checked.
5. Realacement Aircraft.
Should the Renter fail to pay the rent as herein specified,or discontinue the ownership
or lease of an aircraft,then this Agreement sha11 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 or lease of a replacement aircraft within a period of
2
. 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 lunitations herein,
this lease shall remain in effect.
6. No Alterations.
Renter shall not make any alterations or additions to the hangaz 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 ownerslup or leasehold of the stored aircraft is transferred completely to an entirely
new owner or lessee, with none of the existing owners/lessees remainiug on the
airplane's title or lease contract,then such new owner(s) or lessee(s) shall have no
right to continue as Renter(s) of this hangaz, and this Agreement sha11 be ternunated
and the City sha11 have the rights as specified in in Pazagraph 5, when the Rental
Agreement terminates.
8. Utilifies.
City shall not be obligated to furnish to Renter any light,power,telephone,water, or
other u6lities under the terms of this Agreement,and any plans of the Renter to install
urilities 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 condirions of this Agreement, City shall haue the right to
terminate this Agreement, and to enter upon said premises, and remove all persons
and property, 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 party. [Automatically hue of a month-to-month tenancy.Not necessary to
state this.]
10. Lien for Unpaid Rent.
The Renter's aircraft and any other personal properry stored in the leased premises
will be subj ect to a claim 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 (coxnmencing with Section 21700).
11. Improvement of Airaort.
The City reserves the right to fiuther develop or unprove the premises of LTkiah
Regional Airport as it shall deem necessary,regazdless of the desire or views of the
3
♦
• Renter and without interference or hindrance of the Renter.
12. Rieht of Access.
Upon confornung to and abiding by all the agreements, covenanfs,and conditions of
this Agreement,Renter shall have the right to the enjoyment and peaceful possession
of the premises hereby rented, and free access thereto for himself and his guests;
provided,however, that such access shall 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 Changes.
The City reserves the right to increase or decrease rental rates as established by the
City Council by nodfication ofthe 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 Ciry shall not be
liable for damages, or claims for damages, arising from bodily injury or death of
Renter,or his guests,and that City sha11 not be liable for the damage to,or destruction
of, any of Renter's property while in, on, or in any way connecYed 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 further expressly agrees to save and hold hannless the
City from a11 clauns, 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, chazges,liens, liability,causes of
action, or proceedings in any way arise out of or aze the result of activities o£either
Renter or his guests. Renter agees 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 exclusivelq caused by activities
of City, its agents, or employees.
15. Insurance.
Renter shall provide at his own expense insurance covering bodily injury and properiy
damage to all persons using the leased premises in a m;nimum amount of One
Hundred Thousand($100,000) dollars each person and One Million($1,000,000)
dollazs for each occurrence and proper[y damage in a minimum amount of One
Million($1,000,000) dollars for each occurrence. Renter sha11 name Lessor as an
additional insured and shall furnish to Lessor a Certificate of Insurauce 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 extension thereof. Homeowners
insurance is NOT satisfactory and does not fulfill the above requirements. Aircraft
4
. ' 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 nodces sent
pursuant to Chapter 10,Division 8 of the 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 of the Renter to provide an alternate address shall not affect the
I,essor's remedies under said chapter or under any other provision of law:
Renter: Eric Mercer
524 Riverside Dr.
Ukiah, CA 95482
(707) 462-0498
Alternate:
Lessor: City of iJkiah
Finance Deparhnent
300 Seminary Ave.
Ukiah, CA. 95482
Except as otherwise required by law,notices shall be deemed given when
personally delivered or placed in the United States Mail addressed as provided
above with proper fust class postage affixed thereto. Notice of an address change
may be given at any time as provided herein.
17. Time of Essence.
Time is of the essence of this Agreement.
18. A¢reement subiect to Federal Re¢ulation of Airaort.
This Agreement shall be subordinated to the provisions of any existing and further
agreement,rules and regulations between City and the United States of America, or
any agency or administraiive arm thereof relating to the operation or maintenance of
the LTkiah Regional Airport or the conduct or operation of any flight school,or other
governmental operation thereof.
5
� 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 this
DATE.
CITY
Airpo r
RENTER
Dated: I Z 1 P �/Z. ��� �' /y��
6