Example Lease - T-Hangar

10 Lessee Name Mailing Address City _____________________________________ State ________________ Zip ________ Home Telephone Number ________________________ Mobile Telephone Email address Year , Make & Model of Aircraft N # __ Number of Seats Space # Rented Date This Airport Hangar Lease this “ Lease ” is entered into this _____ day of _____________________ , 20_____ , by and between the Johnston County Airport Authority the “ Authority ” , and ________________________________ “ Lessee ” for the leasing of an aircraft hangar upon the following terms and conditions 1 LEASE OF HANGAR The Authority hereby leases to Lessee , and Lessee hereby leases from the Authority , hangar number ______________ the “ Hangar ” located at Johnston Regional Airport the “ Airport ” The aircraft stored pursuant to this Lease shall be considered to be based at the Airport 2 TERM OF LEASE This Lease shall be for a period of one 1 month , commencing on _________________ , _________ , upon the terms and conditions set forth herein This Lease shall automatically renew on the first day of each month for one 1 month upon the payment of rent for the next succeeding month , for a maximum period of twelve 12 months At the conclusion of this twelve 12 month period , the Lease must be formally renewed in writing by both parties to continue Partial months shall be prorated If Lessee remains in possession without express written agreement as to such holding over the Lessee shall be considered a tenant at will at one hundred and fifty percent 150 of the current rental rate as established by this Lease , and all other provisions of this Lease shall continue to apply 3 RENT The rent for the Hangar shall be in the amount set forth in Rates and Charges Fee Schedule as may be adopted and amended from time to time by thePageAuthority Rent shall be paid in advance for each month the Hangar is assigned to Lessee The rent 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 Lessee shall pay a late charge of 1600 on any installment of rent not paid by the fifteenth 15th day of each month The non - payment of rent shall be grounds for cancellation of this Lease Utilities shall be paid by the Authority 4 USE OF PREMISES The Hangar is to be utilized as a hangar under the following conditions A Lessee 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 ” , including but not limited to those in Exhibit A , 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 Lease and made a part hereof B Minor aircraft self - maintenance such as would normally be performed by an aircraft owner without the benefit of an aircraft mechanic is allowed in the Hangar Lessees possessing a valid mechanic’s certificate or otherwise authorized by the FAA are permitted to maintain their own aircraft in the Hangar 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 Hangar C No flammable or explosive substances or items are allowed in the Hangar , except as allowed by the Fire Department Storage of fuel is restricted to the fuel cells tanks of the stored aircraft Aircraft may be fueled only in areas designated by the Airport and may not be fueled in the Hangar D Lessee agrees to maintain the Hangar in a clean and orderly condition at all times , and in accordance with all safety and fire codes which may apply to the Hangar , and further agrees to comply with all directives issued by any fire inspector to either the Authority or the Lessee The Authority shall have reasonable access to the hangar for emergency purposes and inspections For non - emergency access , the Airport shall provide the Lessee with at least 48 hours notice in advance of the requested access In the event the Lessee is unable or unwilling to provide access , the Airport reserves the right to enter and inspect the hangar without the Lessees presence , ensuring compliance with all applicable regulations PageE Lessee shall not use the Hangar for any commercial purpose , including , but not limited to , a charter service , aircraft rental , aircraft servicing , or flight instruction F All aircraft stored in the Hangar must be airworthy , which for the purposes of this Lease means an aircraft with a current annual inspection Short term storage of non - operational aircraft for purposes of maintenance , repair or refurbishment is allowed G Lessee shall provide and maintain a fire extinguisher within the Hangar at all times H Only locks provided by the Authority may be used on Hangar doors Use of other locks shall constitute a breach of this Lease and will be removed I Aircraft may not be parked outside in front of a Hangar on the ramp unattended at any time Lessee must ensure that the operation of the Hangar doors does not block or otherwise hinder neighboring Hangar access J Limited electrical appliances are allowed in a Hangar with the prior written approval of the Airport Director and the payment of any applicable fees Portable fans , small power tools , televisions , refrigerators , coffee makers , powered tow bars , battery trickle chargers , vacuum cleaners , and small air compressors are examples of acceptable appliances Any appliance not having an explosion - proof motor must be elevated at least eighteen 18 inches above the floor Prohibited appliances include , but are not limited to , air conditioners , electric heaters , open flame heaters , hot plates , heat lamps and stoves No extension cords or appliances , except for refrigerators , shall remain connected to any electrical receptacle when the Hangar in not occupied by Lessee Lessee shall not allow the use of electrical power by any other person K The Airport Director reserves the right to assign a Hangar most appropriate to the size of the aircraft , and to relocate aircraft to a different hangar L Lessee shall be allowed to park its motor vehicle in its Hangar while the aircraft is out and in use Any other storage of motor vehicles , including but not limited to campers , recreational vehicles RVs , and trailers , is strictly prohibited Motor vehicles may access Hangars only on the approved Hangar ramp and are not allowed to drive on any other Airport ramps The Lessee shall maintain insurance on its vehicle as required by law Except as noted above , the Lessee shall not park motor vehicles , campers , RVs , trailers , or any similar equipment anywhere on the Airport except in the designated Airport parking lot PageM When the Hangar is not in use by the Lessee , the doors and hatches of all stored aircraft are to be closed and secure and engine plugs shall be installed on each aircraft engine to prevent damage in the event of a discharge of the foam fire suppression system or other event Keys shall not be left in the aircraft when unattended N No billboards , posters or signs shall be permitted upon the exterior of the Hangar , except as have been approved , in writing , by the Authority O The Hangar shall not in any manner be used as a permanent or temporary residence P Non - commercial construction of amateur or kit - built Aircraft is allowed in the Hangar so long as it does not involve any activity prohibited by this Lease or by applicable Federal , state and local rules , regulations and ordinances , including , but not limited to , fire and safety codes Lessee shall complete construction of any Aircraft within twelve 12 months of first entering into this Lease If construction of the Aircraft is not completed within twelve 12 months then Lessee can apply for an extension of time of up to six 6 additional months to complete construction , so long as Lessee has been diligently engaged in the construction of the Aircraft during the first twelve 12 month period If Lessee fails to engage in any construction activities for a thirty 30 day period of time then this Lease shall terminate 5 ASSIGNMENTS , TRANSFERS AND SUBLEASES Lessee agrees not to assign , sublet or otherwise lease occupancy or use of the Hangar by parties other than the Lessee Transfer of this lease to third parties is expressly prohibited 6 LIABILITY It is understood and agreed that the use of the Hangar shall be at the sole risk of the Lessee and that the Authority and Airport will not be held responsible for the aircraft or personal property located in , within or about the Airport or the Hangar , or within or about the Lessee’s aircraft , belonging to the Lessee its agents , employees , invitees , or guests , and the Authority 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 Lessee shall provide proof of insurance coverage to the Authority certifying that the following insurance coverage is in effect prior to thePagePage pageNumber5commencement of this Lease , and shall maintain coverage in full force and effect until the termination of this Lease A Aircraft Liability Coverage Lessee 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 ALTERATIONS Lessee shall not alter any existing fixtures or improvements or alter the Hangar walls , floor , doors , ceiling , electrical or mechanical systems , or any portion of the Hangar in any manner ; nor shall Lessee add fixtures or improvements or in any way modify the Hangar without prior written approval of the Authority Lessee shall not attach any hoisting or holding mechanism to any part of the Hangar or pass any mechanism through any part of the struts or beams of the Hangar Floor mounted electrical retrieval winches , which meet Authority requirements , may be installed with prior written approval of the Airport Director Any and all work approved by the Authority shall be at Lessee’s sole cost and expense All fixtures , improvements , and additions made in or upon the Hangar shall remain with the Hangar and become the property of the Authority at the termination of this Lease , however terminated , without compensation being paid by the Authority to Lessee 9 MAINTENANCE The Authority shall be responsible for all maintenance to the Hangar and Lessee shall not make any repairs to the Hangar Lessee agrees to immediately notify the Authority of any maintenance or repair issues or damage to the Hangar 10 INDEMNITY Lessee 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 personPagePage pageNumber6whatsoever on account of property damage , injury or death of a person arising from Lessee’s use or occupation of the Airport or the Hangar , including acts of Lessee’s agents , and Lessee shall give the Authority prompt notice of any such claims filed against Lessee or the Authority or the Airport 11 DEFAULT An Event of Default shall have occurred if a The monthly rental has not been received by the Authority by the fifteenth 15th day of each month during the term of this Lease , or b Lessee shall default in the performance of its obligations under this Lease or any applicable rules and regulations incorporated within this Lease Lessee 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 Lease and all of Lessee’s rights hereunder , and may then at any time thereafter bring an action for possession of the Hangar without prejudice to any other remedy or right of action which the Authority may have for possession of the Hangar or for rent or damages sustained by reason of the default The Authority is hereby granted an express lien upon and security interest in any aircraft and personal property within the Hangar to secure payment of all sums due to the Authority by the Lessee Personal property , including aircraft , stored within the Hangar may be sold to satisfy any amounts due to the Authority Lessee , at the time of storage , shall disclose to the Authority any lien holder or secured parties who have an interest in personal property that is stored or will be stored in the Hangar 12 TERMINATION This Lease may be cancelled by the Authority or the Lessee , with or without cause , upon fifteen 15 days written notice to the other party The Authority expressly reserves the right , as owner of the Airport , to cancel for any reason and not solely for breach of the conditions of this Lease 13 SURRENDER OF STORAGE SPACE Upon the termination of this Lease by either party , Lessee agrees to return the Hangar to the Authority and to remove all of Lessee’s goods and effects from the Hangar Lessee shall leave the Hangar in a neat , clean and orderly condition , allowing for ordinary and normal usage during occupancy Lessee shall reimburse the Authority for the repair of any damage to the Hangar The Authority is hereby authorized , without liability to Lessee for loss or damage , and at the sole risk of the Lessee , to remove and store any property , including aircraft , left by Lessee in the Hangar at Lessee’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 Lessee , or to destroy such property PagePage pageNumber714 REGISTRATION Lessee shall provide to the Airport Director a copy of the current FAA Registration and or proof of ownership , suitable to the Airport Director , for the aircraft to be stored pursuant to this Lease If Lessee has a temporary registration or if there is any change of aircraft ownership , Lessee 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 the Lessee , then Lessee must provide the Airport Director with a copy of a valid exclusive lease or other documentation establishing an adequate possessory interest in the aircraft 15 SECURITY The Lessee agrees to abide by all Airport security procedures and , if required , to obtain an identification badge issued by the Airport If identification badges are required , Lessee shall not be allowed in any Airport restricted areas without a valid Airport identification badge 16 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 Lessee 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 Lessee B All covenants , stipulations , terms , conditions and agreements contained herein shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto C Time is of the essence for this Lease D This Lease may be amended only by a written amendment executed by the Authority and Lessee There are no understandings or agreements of any kind between the parties hereto , verbal or otherwise , other than as set forth in this Lease and the Airport Rules and Regulations E Should legal action be necessary to enforce any provision or protect any right or remedy under the terms and conditions of this Lease , the Authority shall be entitled to recover all costs of collection or removal from the Hangar , including reasonable attorney fees F This Lease shall be governed by and construed in accordance with the laws of the State of North Carolina PagePage pageNumber8G All notices required to be given pursuant to this Lease shall be by personal delivery or by United States Certified Mail , return receipt requested , postage prepaid , and shall be addressed to Lessee 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 Lease shall be deemed to have been given for all purposes hereunder five 5 calendar days following the date of mailing H Lessee shall never at any time during the term of this Lease become the agent of the Authority , and the Authority shall not be responsible for the acts or omissions of the Lessee or its agents I 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 This the ______________ day of _________________________________ , 20_________ JOHNSTON COUNTY LESSEE AIRPORT AUTHORITY By By Airport Director Name ______________________________ ATTEST BY ATTEST BY _____________________________ _________________________________ Witness WitnessPagePage pageNumber9EXHIBIT 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 Page0B 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 to enter , 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 ;Page1Executive 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 ; Title 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