Tie Down Agreement 2025

10 Lessee Name Mailing Address City State Zip Home Telephone _____________________________ Mobile Telephone Email address Year , Make & Model of Aircraft N # Space # Rented Date _________________________________________ This Airport Tie Down Agreement this “ Agreement ” is entered into this _____ day of _____________________________20______ , by and between the Johnston County Airport Authority the “ Authority ” , and ________________________________ “ Permittee ” for a permit to use a tie down space upon the following terms and conditions 1 TIE DOWN PERMIT The Authority hereby grants to Permittee a permit the “ Permit ” for the use of a tie down space located at Johnston Regional Airport the “ Airport ” The aircraft permitted pursuant to this Agreement shall be considered to be based at the Airport 2 TERM OF AGREEMENT This Agreement shall be for a period of one 1 month , commencing on ____________________ , _________ , upon the terms and conditions set forth herein This Agreement shall automatically renew on the first day of each month for one 1 month upon the payment of the Permit fee for the next succeeding month Partial months shall be prorated If Permittee’s aircraft remains in a tie down space without express written agreement the Permittee shall be considered a Permittee at will at one hundred and fifty percent 150 of the Permit fee as established by the Authority , and all other provisions of this Agreement shall continue to apply 3 PERMIT FEE The “ Fee ” for the Permit shall be in the amount set forth in the Rates and Charge Fee Schedule as may be adopted and amended from time to time by the Authority Fees shall be paid in advance for each month the Agreement is in effect The Fee shall be due on the first day of each month , without demand , and shall be considered delinquent if not paid by the fifteenth 15th day of each month Tenant shall pay a late charge of 1600 on any Fees not paid by the fifteenthPage 15th day of each month The non - payment of Fees shall be grounds for cancellation of this Agreement 4 USE OF AIRPORT The Permit is issued under the following conditions A Permittee shall abide by the Airport Rules and Regulations , Minimum Standards , Authority Ordinances , applicable Federal and State statutes , and regulations of the Federal Aviation Administration “ FAA ” as they may from time to time be amended , including environmental laws regarding the handling , discharge , release and dumping of any hazardous substance , and such rules , regulations and ordinances are incorporated by reference into this Agreement and made a part hereof Permittee acknowledges that it has received or reviewed the Authority’s Airport Rules and Regulations This Agreement is subordinate to all applicable FAA and State statutes , regulations and standards B Minor aircraft self - maintenance such as would normally be performed by an aircraft owner without the benefit of an aircraft mechanic is not allowed in the tie down area Hazardous activities , including , but not limited to , smoking , welding , painting , doping , open fuel lines , open flames , or the application of hazardous substances are expressly prohibited in the tie down area C Aircraft may be fueled only in areas designated by the Airport D Permittee shall not use aircraft for any commercial purpose , including , but not limited to , charter service , aircraft rental , aircraft servicing , or flight instruction E All aircraft stored pursuant to this Agreement must be airworthy , which for the purposes of this Agreement means an aircraft with a current annual inspection Short term storage for thirty 30 days or less for non - operational aircraft for purposes of maintenance , repair or refurbishment is allowed F The Airport Director reserves the right to assign a tie down space most appropriate to each aircraft , and to relocate aircraft to a different tie down space in his sole and absolute discretion G Permittee must abide by all Airport security procedures 5 ASSIGNMENTS AND TRANSFERS Permittee has no right to assign or transfer the Permit granted pursuant to this Agreement 6 LIABILITY It is understood and agreed that the Permit issued pursuant to this Agreement shall be at the sole risk of the Permittee and that the Authority and Airport will not be held responsible for the aircraft or personal property located within or about the Permittee’s aircraft , belonging to Permittee , its agents , employees , invitees , or guests , and the Authority and Airport shall not be liable for damage to or theft or misappropriation of any such property , or for damage to the aircraft caused by weather conditions or acts of God , fire , theft , windstorm , rain , lightning , hail , moisture or any other cause 7 INSURANCE Permittee shall provide proof of insurance coverage to the Authority certifying that the following insurance coverage is in effect prior to the commencement of this Agreement , and shall maintain coverage in full force and effect until the termination of this Agreement PageA Aircraft Liability Coverage Permittee shall maintain aircraft liability insurance in an amount of no less than 1,000,000 each occurrence or accident with 1,000,000 aggregate The Authority shall be named as an additional insured under the liability insurance policy B Form of Policy All policies of insurance required above shall be written by a qualified insurance company rated “ A ” or better and be authorized to do business in the State of North Carolina Each certificate of insurance shall include 1 a statement that the Authority is endorsed as a named insured under each policy , 2 a statement of the required dollar limits of coverage , 3 a provision that written notice of cancellation or any material change in coverage shall be delivered to the Authority at least thirty 30 days in advance of the effective date of the material change or cancellation , and that no cancellation , alteration or change of beneficiary shall be made without written notice to the Authority 8 INDEMNITY Permittee agrees to indemnify and hold the Authority and the Airport , and their officers , agents , employees , insurers , successors and assigns , harmless from and against any and all liabilities , judgments , costs , damages , expenses , claims , actions or demands of any kind and nature , by any person whatsoever on account of property damage , injury or death of a person arising from Permittee’s use of the Airport or the Permit , including acts of Permittee’s agents , and Permittee shall give the Authority prompt notice of any such claims filed against Permittee or the Authority or the Airport 9 DEFAULT An Event of Default shall have occurred if A The Fee has not been received by the Authority by the fifteenth 15th day of each month , or B Permittee shall default in the performance of its obligations under this Agreement or any applicable rules and regulations incorporated within this Agreement Permittee shall have fifteen 15 days after written notice by the Authority to cure any default under section B of this section Upon the occurrence of an Event of Default , the Authority , at its sole option , may terminate this Agreement and all of Permittee’s rights hereunder , and may at any time thereafter bring an action for possession of the tie down space without prejudice to any other remedy or right of action which the Authority may have for damages sustained by reason of the default The Authority is hereby granted an express lien upon and security interest in the aircraft stored pursuant to this Agreement and all personal property to secure payment of all sums due to the Authority by Permittee Personal property , including aircraft , may be sold to satisfy any amounts due to the Authority Permittee , at the time this Agreement is signed , shall disclose to the Authority any lien holder or secured parties who have an interest in an aircraft stored pursuant to this Agreement 10 TERMINATION This Agreement may be terminated by the Authority or the Permittee , with or without cause , upon fifteen 15 days written notice to the other party The Authority expressly reserves the right to terminate this Agreement for any reason and not solely for breach of this Agreement 11 SURRENDER OF TIE DOWN SPACE Upon the termination of this Agreement by either party , Permittee agrees to remove the aircraft from the tie down space The Authority is hereby authorized , without liability to Permittee for loss or damage , and at the sole risk of the Permittee , to remove and store any property , including aircraft , left by Permittee , at Permittee’s expense , or to retain such property , or to sell such property at a public or private sale and apply the net proceeds of such sale to the payment of any sum due to the Authority by Tenant , or to destroy such property Page12 REGISTRATION Permittee shall provide to the Airport Director a copy of FAA Registration and or proof of ownership , suitable to the Airport Director , for the aircraft to be stored pursuant to this Agreement If Permittee has a temporary registration or if there is any change of aircraft ownership , Permittee shall notify the Airport Director within ten 10 days and shall have ninety 90 days in which to acquire a permanent registration or another aircraft before this Lease is cancelled If the registration is not in the name of Permittee , then Permittee must provide the Airport Director with a copy of a valid exclusive lease or other documentation establishing an adequate possessory interest in the aircraft 13 GENERAL PROVISIONS A No waiver of default by the Authority of any of the terms , covenants and conditions herein to be performed , kept and observed by the Permittee shall be construed or operate as a waiver by the Authority of any subsequent default of any of the terms , covenants , and conditions contained herein to be performed , kept and observed by the Permittee B Time is of the essence for this Agreement C This Agreement may be amended only by a written amendment executed by the Authority and Permittee There are no understandings or agreements of any kind between the parties hereto , verbal or otherwise , other than as set forth in this Agreement and the Airport Rules and Regulations D Should legal action be necessary to enforce any provision or protect any right or remedy under the terms and conditions of this Agreement , the Authority shall be entitled to recover all costs of collection or removal from the tie down space , including reasonable attorney fees E This Lease shall be governed by and construed in accordance with the laws of the State of North Carolina , and any action brought in connection herewith , or with respect to the relationship between the parties , whether in contract , tort or pursuant to statute , shall be brought exclusively in the courts of Johnston County , North Carolina F All notices required to be given pursuant to this Agreement shall be by personal delivery or by United States Certified Mail , return receipt requested , postage prepaid , and shall be addressed to Permittee at the address set forth above , and to the Authority addressed to Airport Director , Johnston Regional Airport , 3149 Swift Road , Smithfield , North Carolina , 27577 Notices mailed to the addresses set forth in this Agreement shall be deemed to have been given for all purposes hereunder five 5 calendar days following the date of mailing G Permittee shall never at any time during the term of this Agreement become the agent of the Authority , and the Authority shall not be responsible for the acts or omissions of Permittee or its agents H Lessee acknowledges and agrees that it has received or reviewed the Authority’s Airport Rules and Regulations and acknowledges that failure to comply with the Airport Rules and Regulations constitutes an Event of Default hereunder and grounds for termination of this Lease PagePage pageNumber5This the ______________ day of _________________________________ , 20_________ JOHNSTON COUNTY PERMITTEE AIRPORT AUTHORITY By By Airport Director Name ____________________________________PagePage pageNumber6EXHIBIT A REQUIRED FAA CONTRACT PROVISIONS GENERAL CIVIL RIGHTS PROVISIONS The lessee and its transferee agree to comply with pertinent statutes , Executive Orders and such rules as are promulgated to ensure that no person shall , on the grounds of race , creed , color , national origin , sex , age , or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance This provision obligates the lessee or its transferee for the period during which Federal assistance is extended to the airport through the Airport Improvement Program In cases where Federal assistance provides , or is in the form of personal property ; real property or interest therein ; structures or improvements thereon , this provision obligates the party or any transferee for the longer of the following periods a The period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended , or for another purpose involving the provision of similar services or benefits ; or b The period during which the airport sponsor or any transferee retains ownership or possession of the property CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY , FACILITY , OR PROGRAM A The lessee , for himself herself , his her heirs , personal representatives , successors in interest , and assigns , as a part of the consideration hereof , does hereby covenant and agree as a covenant running with the land that 1 In the event facilities are constructed , maintained , or otherwise operated on the property described in this lease for a purpose for which a Federal Aviation Administration activity , facility , or program is extended or for another purpose involving the provision of similar services or benefits , the lessee will maintain and operate such facilities and services in compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Pertinent List of Nondiscrimination Authorities as may be amended such that no person on the grounds of race , color , or national origin , will be excluded from participation in , denied the benefits of , or be otherwise subjected to discrimination in the use of said facilities B With respect to this lease , in the event of breach of any of the above Nondiscrimination covenants , the Johnston County Airport Authority will have the right to terminate the lease and toPagePage pageNumber7enter , re - enter , and repossess said lands and facilities thereon , and hold the same as if the lease had never been made or issued TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES During the performance of this Lease , Lessee , for itself , its assignees , and successors in interest hereinafter referred to as the “ Lessee ” agrees to comply with the following non - discrimination statutes and authorities ; including but not limited to Title VI of the Civil Rights Act of 1964 42 USC § 2000d et seq , 78 stat 252 , prohibits discrimination on the basis of race , color , national origin ; 49 CFR part 21 Non - discrimination In Federally - Assisted Programs of The Department of Transportation — Effectuation of Title VI of The Civil Rights Act of 1964 ; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 , 42 USC § 4601 , prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal - aid programs and projects ; Section 504 of the Rehabilitation Act of 1973 , 29 USC § 794 et seq , as amended , prohibits discrimination on the basis of disability ; and 49 CFR part 27 ; The Age Discrimination Act of 1975 , as amended , 42 USC § 6101 et seq , prohibits discrimination on the basis of age ; Airport and Airway Improvement Act of 1982 , 49 USC § 471 , Section 47123 , as amended , prohibits discrimination based on race , creed , color , national origin , or sex ; The Civil Rights Restoration Act of 1987 , PL 100 - 209 , Broadened the scope , coverage and applicability of Title VI of the Civil Rights Act of 1964 , The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973 , by expanding the definition of the terms “ programs or activities ” to include all of the programs or activities of the Federal - aid recipients , sub - recipients and contractors , whether such programs or activities are Federally funded or not ; Titles II and III of the Americans with Disabilities Act of 1990 , which prohibit discrimination on the basis of disability in the operation of public entities , public and private transportation systems , places of public accommodation , and certain testing entities 42 USC § § 12131 – 12189 as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38 ; The Federal Aviation Administration’s Non - discrimination statute 49 USC § 47123 prohibits discrimination on the basis of race , color , national origin , and sex ; Executive Order 12898 , Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations , which ensures non - discrimination against minority populations by discouraging programs , policies , and activities with disproportionately high and adverse human health or environmental effects on minority and low - income populations ; Executive Order 13166 , Improving Access to Services for Persons with Limited English Proficiency , and resulting agency guidance , national origin discrimination includes discrimination because of limited English proficiency LEP To ensure compliance with Title VI , you must take reasonable steps to ensure that LEP persons have meaningful access to your programs 70 Fed Reg at 74087 to 74100 ;PagePage pageNumber8Title IX of the Education Amendments of 1972 , as amended , which prohibits you from discriminating because of sex in education programs or activities 20 USC 1681 et seq Page