HomeMy WebLinkAboutOster, Ken 2013-01-15 {�Pr 13 - 0�2
uKIpH REGIONqL
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AIRPORT
HANGAR RENTAL AGREEMENT
THIS AGREEMENT,made by and between CITY OF UKIAFI,a Municipal Corporation,
hereinafter called("City"), and KEN OSTER, hereinafter called("Renter").
WITNESSETH:
City does hereby rent to Renter on a month-to-month basis that certain building known as
"HANGAR NO. 3 " 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 hangaz and incidental premises sha11 be$169.00 per month
payable monthly in advance as hereinafter set forth.
2. Time of Pavment,Late Fees.
As stated, rents aze payable monthly in advance,beginning 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. ff the rent is not made within such period, or a satisfactory agreement
reached beriveen the Renter and the Airport Manager, then this Agreement shall be
considered ternunated, and the Renter shall haue no fiirther rights hereunder. Rent
that has become delinquent shall 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 LTkiah City Code, Section 2051. Renter shall pay any possessory
interest or personal property taaces lawfixlly imposed by a taxing 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 identification number or numbers: 781MC , a portion of which is/aze
owned or leased by Renter and based at the LTkiah Regional Airport. The definition
of"based" shall be that the aircraft may not be absent from the hangar for a period of
30 continuous days except for normal aviafion 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 aircvorthy(lawful 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 paragraph.
Renter promises and agrees to keep said storage hangaz orderly and clean at all
times, free and clear of any and all items that aze or may be deemed a fire or other
safety hazazd by the State Fire Mazshal and/or the City of Ukiah(as determiued by
the Airport Manager). Renter agrees 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 LJkiah any
costs that aze 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 ai4er they aze adopted,the City sha11 give
the Renter written notice of any such amendment or addition. After the Ciry
provides such notice,the Renter shall comply with the amended or new rules.
4. Rieht of Insnection.
Renter promises and agrees to permit personnel of the Airport staff to enter,inspect,
and remove any and a11 trash and debris that the City deems necessary. Everv
Januarv the hanear will be insnected and the Aircraft of Record Reaistration
and Documentation Checklist will be checked.
5. Replacement Aircraft.
Should the Renter fail to pay the rent as herein specified,or discontinue the ownership
or lease of an aircraft,then ttus Agreement sha11 immediately terminate,and City shall
have the right to rent the hangaz to other parties. Should the Renter desire to retain the
hangar space due to the purchase or 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 nofificarion of and approval by the Airport Manager,
payment of the required rents, and compliance with the terms and limitafions herein,
this lease shall remain in effect.
6. No Alterations.
Renter shall not make any alterarions or additions to the hangar without written
approval of the Airport Manager. Signs, emblems, or adveztising sha11 not be placed
or erected on or in the premises.
7. Assi¢nment.
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 have no
right to continue as Renter(s) of this hangar, and this Agreement sha11 be terminated
and the City shall have the rights as specified in in Pazagraph 5, when the Rental
Agreement terminates.
8. Utilities.
City shall not be obligated to fiuvish to Renter any light,power,telephone,water, or
other utilities under tfie terms of fhis Agreement,and any plans of tfie 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 wit}�, or perform any of the
agreements, covenants, or conditions of this Agreement, City shall have the right to
terminate this Agreement, and to enter upon said premises,and remove all persons
and properry, and repossess itself of its former estate. This Agreement may be
tenninated by either party upon given at least thirty(30)days' prior WRIT"TEN notice
to the other party. [Automatically true of a month-to-month tenancy.Not necessary to
state this.]
10. Lien for Unnaid Rent.
The Renter's aircraft and any other personal property stored in the leased premises
will be subject 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. Ttris lien is authorized by
the provisions of Chapter 10 of Division 8 of the California Business and Professions
Code (commencing with Section 21700).
1 L Imorovemeat of Airoort.
The City reserves tlte right to further develop or unprove the premises of iJkiah
Regional Airport as it shall deem necessary,regazdless of the desire or views of the
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Renter and without interference or hindrance of the Renter.
12. Ri2ht of Access.
Upon conforniing to and abiding by all the agreements, covenants, 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 sha11 not inferfere with or jeopardize the use of
said Airport. For the purposes of this Agreement,the ward"guests" includes Renter's
fanuly.
13. Rent Chanees.
The City reserves the right to increase or decrease rental rates as established by the
City Council by notification ofthe renter at least fifteen(15)days prior to the effecdve
date of such increase or decrease of rental rates.
14. Indemnification.
This Agreement is made upon the express agreement by Renter that City 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 connected with the premises
rented under this Agreement,whenever such bodily injury,death, damage, or
destruction is not caused direcfly, solely, and exclusively by activities of City, its
agents, or employees. Renter further expressly agrees to save and hold harmless the
City from a11 claims, losses, expenses,demands, chazges, liens,liabilities, causes of
action, or proceedings,of whatever nature, on account of damage to, or loss or
desriuction of, any properry,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 resu[t of activities of either
Renter or his guests. Renter agrees to indemnify City for payment of any damages or
clauns 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 activities
of City, its agents, or employees.
15.Insurance.
Renter shal]provide at kus 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) doIlars each person and One Million($1,000,000)
dollazs for each occurrence and property damage in a minnnum amount of One
Million($1,000,000) dollars for each occurrence. Renter shall name Lessor as an
addirional insured and shall fiimish 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 ttris lease or any extension thereof. Homeowners
insurance is NOT satisfactory and does not fulfill the above requirements. Aircraft
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under construcfion 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 pernutted or required under this Agreement to be sent and a11 notices 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
Lessor's remedies under said chapter or under any other provision of law:
Renter: %n Oster
13501 Tomki Rd
Redwood Valley, CA 95470
(707) 489-2397
Alternate:
Lessor: City of LJkiah
Finance Department
300 Seminary Ave.
iJkiah, 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 first 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 ReEUlation of Airport.
This Agreement shall be subordinated to the provisions of any exisUng and further
agreement, rules and regulations between City and the United States of America, or
any agency or administrative ann thereof relating to the operarion or maintenance of
the LRciah Regional Airport or the conduct or operation of any flight school, or other
governmental operation thereof.
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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 WI'I'NESS WIIEREOF,the parties hereto executed this Agreement in duplicate this
DATE.
CITY
Airport r
RENTE
Dated: � �5 -2� �
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