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HomeMy WebLinkAbout1996-048 T-Hangar Agrmt - Bortles CITY OF ASHLAND T-HANGAR RENTAL AGREEMENT ASHLAND MUNICIPAL AIRPORT CITY OF ASHLAND, (CITY) 20 E. Main St. Ashland, Oregon 97520 (541) 482-3211 FAX: (541) 488-6006 Date of this agreement: 4/29/96 ¶2. Monthly Rental Fee: $115 RENTER: Donna Bortles Address: 542 S. Ivy St. Medford, OR 97501 Telephone: 779-1883 Cell: 821-0701 ¶1. T-Hangar Number: #8 Aircraft: N#7146F "!3. Commencement date: 5/01/96 T-Hangar Rental Agreement made on the date specified above by the City of Ashland and the person named above as Renter. City and Renter agree: 1. Description of premises. City rents to Renter the T-Hangar described above ("the premises") located at the Ashland Municipal Airport ("airport"). 2. Rental Fees. Renter shall pay a monthly rental fee in the amount set forth above. The rental fee is subject to periodic adjustment at the option of the City and is payable at the office of the fixed based operator, monthly in advance, on the first day of each month. Any fee required of Renter by this agreement shall, if not paid within 10 days after it is due, bear interest at the rate of 18% per annum from the due date until paid. 3. Term. The term of this rental agreement is month-to-month beginning on the date set forth above. 4. Use of Premises. Except as provided in this paragraph, the premises shall be used only for the storage of aircraft owned by Renter. Other items of personal property may be stored temporarily when such storage in no way interferes with the normal storage area of the aircraft in the hangar, and does not otherwise violate this rental agreement. 4.1. Renter shall not store any flammable or explosive liquids or solids within the premises. For the purpose of this rental agreement, "flammable or explosive liquids or solids" shall not apply to fuel or other flammable contained within any airplane or automobile placed in the hangar. Fueling of the aircraft while in the hangar is strictly prohibited. 4.2. Renter shall not, without the City's written consent keep any pets or animals on the premises. If allowed, Renter agrees to be liable for damage to the premises or other persons caused by the pet or animal. 5. Compliance with laws. Renter shall comply with 5.1. The "Minimum Standards at Ashland Municipal Airport, Ashland, Oregon" adopted by the City Council on January 4, 1990 and as may be amended from time to time and the Hangar Lease Policy attached as Exhibit A and as may be amended from time to time. PAGE 1-T-HANGAR RENTAL AGREEMENT (p:airport\t-hangar.lse! 5.2. All federal, state, county, and city laws, orders and ordinances, the rules and regulations of the City, and all rules and regulations of the State Department of Transportation Aeronautics Division and the Federal Aviation Administration. 5.3. Environmental laws. As used is this paragraph, the term "hazardous material" means any hazardous or toxic substance, material, or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and any amendments, ORS 466.567, 466.205, 466.640 and 468.790 and regulations of the Oregon State Department of Environmental Quality, petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any environmental laws. Environmental laws means those laws cited in this paragraph. 5.3.1. Renter shall cause the premises and all operations conducted on the premises (including operations by any subtenants) to comply with all environmental laws. 5.3.2. Renter shall not use or allow any agents, contractors or subtenants to use the premises to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous materials, other than at reasonably necessary for the operation of Renter's activities as contemplated under this rental agreement. 5.3.3. City shall have the right to conduct reasonable inspections and investigations of the premises and the operations conducted on the premises at any time and from time to time, and Renter shall cooperate fully with City during such inspections and investigations. 5.3.4. Renter agrees to defend (with counsel approved by City), fully indemnify, and hold entirely free and harmless City from and against all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the premises, damages for the loss or restriction on the use of rentable or usable space or of any amenity of the premises, damages arising from any adverse impact on marketing of space, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which arise during or after the rental agreement term and which are imposed on, or paid by or asserted against City by reason or on account of, or in connection with, or arising out of Renter's generation, manufacture, use, transportation, refinement, treatment, storage, or disposal of hazardous materials, or any release of hazardous materials as a result of Renter's use or activities, or of Renter's agents, contractors, or subtenants. 6. Utilities. Renter shall promptly pay any charges for electricity and all other charges for utilities which may be furnished to the premises at Renter's order or consent. 7. Liens, Taxes. Renter shall pay all sums of money that become due for any labor, services, materials, supplies, utilities, furnishings, machinery or equipment which have been furnished or ordered by Renter which may be secured by lien against the premises. Renter shall pay all real and personal property taxes assessed against the premises, such payments to be made no later than November 15 of the year in which the taxes become due and payable, and will submit a copy of the receipt for the taxes to the City's Director of Finance. 8. Indemnification. Renter shall keep, indemnify and defend and hold harmless City, its officers, agents and employees, from and against any and all claims, demands, suits, judgments, costs, and expenses, including attorney's fees asserted by any person or PAGE 2-T-HANGAR RENTAL AGREEMENT (p:airport~t-hanger.l~e) persons, including agents or employees of the City or Renter, by reason of death or injury to persons or loss or damage to property that allegedly results from Renter's operations, or anything done or permitted by Renter under this rental agreement, except for the extent attributed to acts or omissions of City or its officers, agents or employees. 9. Alterations or Improvements. Renter may not make alterations or improvements without the prior written consent of City, which consent shall not be unreasonably withheld. Prior to any construction, construction plans must be approved by the City in writing as to the physical and aesthetic design, site location, color, landscape design, parking, and land use. All alterations or improvements that Lessee may desire to make to the premises shall be done by Renter and at the expense of Renter. All work shall be done in a good and workerlike manner in compliance with all applicable building and zoning laws and ordinances. 10. Ground Maintenance. Renter shall maintain the premises and the grounds in and around the premises in a reasonably neat, clean and orderly condition. 11. Events of Default. The following shall be events of default: 11.1. Default in Rent: Failure of Renter to pay any rent or other charge within ten days after it is due. 11.2. Default in Other Covenants: Failure of Renter to comply with any term or condition or fulfill any obligation of the rental agreement (other than the payment of rent or other charges) within 30 days after written notice by City specifying the nature of the default. If the default is such that it cannot be completely remedied within the thirty (30) day period, this provision shall be complied with if Renter begins correction of the default within the 30 day period and proceeds in good faith to effect the remedy as soon as practicable. 11.3. Insolvency: Insolvency of Renter and assignment by Renter for the benefit of creditors; the filing by Renter of a voluntary petition in bankruptcy; an adjudication that Renter is bankrupt or the appointment of a receiver of the properties of Renter; the filing of an involuntary petition of bankruptcy and failure of the Renter to secure a dismissal of the petition within 30 days after filing; attachment of or the levying of execution on the rental interest and failure of the Renter to secure discharge of the attachment or release of the levy of execution within ten days. 12. Remedies on Default. In the event of a default, the City at its option may terminate the rental agreement by notice in writing by certified or registered mail to Renter. The notice may be given before or within thirty days after the running of the grace period for default and may be included in a notice of failure of compliance. If the property is abandoned by Renter in connection with a default, termination shall be automatic and without notice. 12.1. Damages: In the event of termination of default, City shall be entitled to recover immediately the following amounts as damages: 12.1.1. The reasonable cost of re-entry and reletting including the cost of any clean up, refurbishing, removal of Renter's property and fixtures, or any other expense occasioned by Renter's failure to quit the premises upon termination and to leave the premises in the required condition, any remodeling costs, attorney fees, court costs, broker commissions and advertising cost. 12.1.2. The loss of reasonable rental fee value from the date of default until a new tenant has been or, with the exercise of reasonable efforts could have been secured. 12.2. Re-entry After Termination: If the rental agreement is terminated for any reason, Renter's liability to City for damages shall survive such termination, and the rights and obligations of the parties shall be as follows: PAGE 3-T-HANGAR RENTAL AGREEMENT {p:airport\t-hangar.lllel 12.2.1. Renter shall vacate the property immediately, and within 60 days remove any property of Renter including any f'~tures which Renter is required to remove at the end of the rental agreement term, perform any cleanup, alterations or other work required to leave the property in the condition required at the end of the term. 12.2.2. City may re-enter, take possession of the premises and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages. 12.3. Reletting: Following re-entry or abandonment, City may relet the premises and in that connection may: 12.3.1. Make any suitable alterations or refurbish the premises, or both, or change the character or use of the premises, but City shall not be required to relet for any use or purpose (other than that specified in the rental agreement) which City may reasonably consider injurious to the premises, or to any tenant which City may reasonably consider objectionable. 12.3.2. Relet all or part of the premises, alone or in conjunction with other properties, for a term longer or shorter than the term of this rental agreement, upon any reasonable terms and conditions, including the granting of some rental agreement fee-free occupancy or other rental agreement fee concession. 13. Termination. Upon termination of the rental agreement by the passage of time or otherwise, Renter shall surrender the premises in good condition. 14. Assignment of Interest or Rights. Neither Renter or any assignee or other successor of Renter shall sublease, assign, transfer or encumber any of Renter's rights in and to this rental agreement or any interest in the premises, nor license or permit the use of the rights granted except as provided in this paragraph. Renter shall not permit the use or occupancy by others without written consent of City. If City does consent to such use or occupancy: 14.1. Renter shall still be responsible to City in accordance with this agreement; 14.2. Any sub-rent charged by Renter shall not exceed the rent charged by City; 14.3. The term of the sub-let shall not exceed six months. 14.4. The City may charge additional rent for such use or occupancy. 15. Nonwaiver. Waiver by either party of strict performance of any provision of this rental agreement shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. 16. Notices. All notices required under this rental agreement shall I~e deemed to be properly served if sent by certified or registered mail to the last address previously furnished by the parties. Until changed by the parties by notice in writing, notices shall be sent to the addresses listed on the first page of this agreement. Renter: Title ~' Title ~--~ -- © ~ ~r CITY OF ASHLAND PAGE 4-T-HANGAR RENTAL AGREEMENT (p:airport~t-hangar.lse) DETACH THIS PAGE AND ATTACH EXHIBIT A. SEE ~!5.1