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HomeMy WebLinkAboutContracts & Agreements_18-17 AIR AIRPORT HANGAR RENTAL AGREEMENT This airport hangar rental agreement ("Agreement") is made and entered into this 20`h day of June, 2017 ("Effective Date") by and between the City of Redlands, a municipal corporation ("City"), and Jeffrey Bartholomew ("Tenant") City and Tenant are sometimes individually referred to herein as a "Party" and, together, as the "Parties " I PREMISES City hereby rents to Tenant, and Tenant hereby rents from City, that certain hangar designated as Hangar No 23 the "Premises"), located at the Redlands Municipal Airport ("Airport"), and more particularly described in Exhibit "A" attached hereto This Agreement for rental of the Premises is for the principal purpose of the storage of Tenant's aircraft which is identified as 1966 Cessna 172G, Registration No N4126L for personal aviation related business, and any incidental aviation related uses associated therewith 2 TERM The term of this Agreement shall be month-to-month commencing on the Effective Date, and in no event shall exceed three (3) years 3 CONSIDERATION 3 1 Monthlv Rental Pavments Tenant shall pay to City on or before the 15th day of each month during the term of this Agreement as monthly rent, without deduction, setoff or demand, the sum of six hundred-fifty ($650) A late fee shall be levied in the amount of ten percent (10%) of the amount due for any amount not received by the date such rent is due. Upon providing Tenant thirty (30) days' prior written notice of the same, the rent may be increased by the City, no less than every two (2) years, by the percentage increase in the Consumer Price Index, all urban consumers, Los Angeles- Riverside-Orange Counties, during the term of this Agreement, on the anniversary date of the Effective Date of the Agreement 3 2 Manner of Pavment of Rent Monthly rent for any partial month shall be prorated at the rate of 1130th of the monthly rent per day The monthly rent and any applicable late charges payable by Tenant hereunder shall be paid by Tenant without notice, demand or offset at the office of the Airport Manager at the Airport, or at such other place as may from time to time be designated by City 3 3 Taxes and Assessments 3 3 1 Obligation to Pav Tenant is responsible for and shall pay all real and personal property taxes (including any tax levied on a possessory interest, as defined in California Revenue and Taxation Code Section 107 or successor statute, if applicable), general and special assessments, and other charges of every description, levied on or assessed against the Premises, personal property located on the land or improvements, the leasehold estate, or any subleasehold estate, falling due during the term of this Agreement It shall be conclusively presumed that any aircraft stored at the Premises pursuant to this Agreement shall be considered "habitually situated" therein as that term is defined in Revenue and Taxation Code section 5362 Tenant shall make all such payments directly to the assessing authority, before delinquency and before any fine, interest or penalty shall become due or be imposed by operation of law for their nonpayment 1 3 3 2 Proration for Partial Year Any imposition of taxes referred to in Section 3 3 1 above relating to a fiscal period of a taxing authority, a part of which period is included within the term of this Agreement and a part of which is included in a period of time before the Effective Date or after the termination of this Agreement, shall be paid by Tenant as above but shall be prorated with City 3 3 3 Tenant's Right to Contest Tenant may contest the legal validity or amount of any taxes, assessments or charges for which Tenant is responsible under this Agreement, and may institute such proceedings as Tenant considers necessary If Tenant contests any such tax, assessment or charge, Tenant may withhold or defer payment, or pay under protest, but shall protect City and the Premises from any lien by adequate surety bond or other appropriate security 3 3 4 Proof of Compliance Upon the request of City, Tenant shall furnish to City receipts or other appropriate evidence establishing payment of any applicable tax, assessment or charge Tenant may comply with this requirement by retaining a tax service to notify City payment of any applicable tax, assessment or charge 4 USE OF PREMISES 4 1 Use of Hangar The Premises shall be used and occupied by Tenant principally for the storage of aircraft and related business or other aviation uses There must be at least one airworthy aircraft in each hangar. No other commercial activity of any land whatsoever shall be conducted by Tenant in or around the Premises Tenants of hangars without airworthy aircraft are subject to lease cancellation and eviction Tenant shall not use the Premises for sleeping or temporary living quarters Tenant shall keep the Premises clean and free of debris at all times and shall not do anything on the Premises that will cause damage to the Premises or unreasonable annoyance to owners or occupants of adjacent properties Upon termination of this Agreement, Tenant shall immediately surrender possession of the Premises and shall remove the Aircraft and all other property therefrom, leaving the Premises in the same condition as when received, ordinary wear and tear and improvements made by Tenant excepted Tenant shall be liable for any and all damage to the Premises caused by Tenant's use, including, without limitation, bent or broken interior walls, damage to unsealed floors due to fuel oil spillage, or doors damaged due to Tenant's improper or negligent operation 4 2 Compliance with Laws In utilizing the Premises during the term of this Agreement, Tenant shall comply with all applicable statutes, ordinances, rules and regulations established by any federal, state, county of local government agency 4 3 Waste Disposal Tenant shall dispose of all sewage and industrial waste in accordance with all applicable regulations and laws of those governmental agencies having jurisdiction or authority thereover Tenant shall ensure that all solid waste materials are placed in appropriate covered containers designed for use with the type of waste involved, which shall remain covered, and locked, and that such containers remain located on the Premises and not moved from their location for any reason Tenant shall cooperate with City to provide for the proper separation of waste to maximize recycling 2 4 4 Hazardous Materials (a) For the purpose of this Section 4 4, the term "Hazardous Materials" includes, without limitation, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U S C §9601 et seq ),the Hazardous Materials Transportation Act, as amended (49 U S C § 180 I et seq}, the Resource Conservation and Recovery Act of 1976, as amended (42 U S C §9601 et seq }, Section 25117 of the California Health & Safety Code, Section 25316 of the California Health & Safety Code, and in the regulations adopted and publications promulgated pursuant to them, or any other federal, state or local environmental laws, ordinances, rules or regulations concerning the environment, industrial hygiene or public health or safety now in effect or enacted after the Effective Date (b) (a) Any Hazardous Materials brought upon, kept or used in of about the Premises or the Airport by Tenant, its agents, employees, contractors or invitees, shall be necessary or useful to Tenant's business and shall be used, kept and stored in a manner that complies with all laws, statutes, ordinances, rules, regulations, orders, requirements, and policies of any and all governmental agencies and authorities applicable to any such Hazardous Materials ("Hazardous Materials Laws") (c) If Tenant breaches the obligations stated in subparagraph (b) of this Section 4 4, or if the presence of Hazardous Materials on the Premises results in contamination of the Premises or the Airport, or if Hazardous Materials are otherwise discharged or released from the Premises, then Tenant shall indemnify, defend and hold City harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, diminution in value of the Airport, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Airport, damages arising from any adverse impact on marketing of space in the Airport, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the term of this Agreement as a result of such breach, contamination, discharge or release This indemnification of City by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Materials present in, on or under the Premises Without limiting the foregoing, if the presence of any Hazardous Materials on the Premises results in any contamination of the Airport, or otherwise results in the release or discharge on, under or from the Premises of Hazardous Materials, Tenant shall promptly take all actions at its sole expense as are necessary to return the Airport to the condition existing prior to the introduction of any such Hazardous Materials to the Airport or to otherwise remove and/or abate the release or discharged Hazardous Materials, provided that City's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Airport, will not unreasonably interfere with the use and enjoyment of other portions of the Airport, and will be performed in accordance with all Hazardous Materials Laws 3 Upon the termination of this Agreement, Tenant shall surrender the Premises to City free of any and all Hazardous Materials and in compliance with all Hazardous Materials Laws This indemnification shall survive the termination or expiration of this Agreement 4 5 Billboards and Suns Tenant shall not construct, install, maintain, not allow upon the Premises any billboards, signs, banners or like displays which may be placed in or upon any building or structure in such manner as to be visible from the outside thereof, except with the prior written consent of City 4 6 Waste Nuisance Tenant shall not use the Premises in any manner that will constitute waste, nuisance or unreasonable annoyance to owners or occupants of adjacent properties Tenant shall not use the Premises for sleeping, washing clothes, cooking or the preparation of food, manufacture or mixing of anything that might emit any odor or objectionable noises or lights onto adjacent properties Tenant shall not do anything on the Premises that will cause damage to the Premises 4 7 Access Locks Kevs Combinations Tenant shall comply with all reasonable regulations and directives of City regarding access to the Premises City may enter the Premises without permission of, or supervision by, Tenant for inspection or emergency purposes (i e lire, burglary, flooding, criminal activity, or other catastrophe) determined reasonably necessary by City or required by law, including but not limited to five-year fire sprinkler inspections, maintenance work that requires entrance by City, or any other reason to lawfully enter the Premises City shall subsequently notify Tenant of any entry for emergency purposes and the reason for the entry if the Tenant was unable to supervise such entry City reserves the right to limit Tenant's access to the Airport or the Premises, or both, due to any terrorist threat, civil unrest, any unsafe condition, or fol the safety and protection of persons and property City shall not be responsible foi Tenant's inability to access the Airport or the Premises due to events or acts beyond the control of City Tenant shall utilize City furnished set of locks for securing the Premises if available If unavailable, Tenant shall furnish City's Airport Manager with a duplicate set of keys or lock combination for the locks securing the Premises City shall secure keys and lock combinations from access or exposure by unauthorized individuals and will notify Tenant immediately in the event of any compromise of keys and lock combinations If utilizing City provided locks, the Tenant shall notify the City immediately in the event of any compromise of keys and lock combinations The City shall only be liable to Tenant for damage resulting from gross negligence in accessing Premises 4 S Reauests from Airport Manager Tenant shall cooperate with any reasonable request from City's Airport Manager regarding use or operations at the Airport 5 MAINTENANCE ALTERATIONS 5 1 As-Is Condition Tenant hereby acknowledges that neither City nor anyone acting foi or on behalf of City, has made any representation, warranty of promise to Tenant concerning the physical aspects or condition of the Premises or improvements, the feasibility, desirability or convertibility of the Premises into any particular use, the conditions of the soil, ground water, or surface waters or the presence or absence of any toxic waste or hazardous substances or material, and that by entering into this Agreement has not relied on any representation, statement or warranty of City, or anyone acting for or on behalf of City, and that all matters concerning the Premises shall be independently verified by Tenant, and that Tenant shall rent the Premises on Tenant's own examination thereof, AND THAT TENANT IS LEASING THE PREMISES IN "AS IS" PHYSICAL CONDITION AND "AS IS" STATE OF REPAIR Tenant hereby waives and City hereby disclaims all warranties of any of 4 kind of description, including, without limitation, those of fitness for particular purpose, tenantability, habitability and use Tenant hereby expressly waives any and all claims for damages or for rescission or cancellation of the Agreement because of any representations made by City or by any agent of City Tenant acknowledges that it has had sufficient time to conduct all inspections, reviews and studies of the Premises that Tenant may deem necessary Tenant hereby expressly assumes the risk that adverse physical conditions and the full extent thereof, may not be revealed by Tenant's inspections, reviews and studies of the Premises 5 2 Maintenance of Premises Throughout the term of this Agreement, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in first class condition and repair, provided, however, that City shall maintain the structural components of the hangar, including doors and door mechanisms Tenant hereby waives the provisions of California Civil Code Sections 1941 and 1942 with respect to City's obligations foi tenantability of the Premises and Tenant's right to make repairs S 3 Alterations Tenant shall not make any alterations to the Premises without City's prior written consent Any alterations made shall remain on and be surrendered at the expiration or sooner termination of the Agreement, provided, however, that City may, at City's sole election, demand the removal from the Premises of all fixtures and improvements or of certain fixtures or improvements of both as specified in the notice provided for below A demand to take effect at the normal expiration of the term shall be effected by notice given at least thirty (30) days before the expiration date A demand to take effect on any other termination of the Agreement shall be effected by notice given in or concurrently with notice of such termination or within sixty (60) days after such termination Tenant shall comply with the notice before the expiration date for normal termination, and within thirty (30) days after the notice for other terminations 5 4 Utilities Except for electrical services which shall be provided by City, Tenant shall be responsible for the payment of all costs for utility services to the Premises City shall not be liable for the failure to provide electrical services if it is prohibited from doing so by events or actions beyond its control 6 PROHIBITION AGAINST ASSIGNMENT AND SUBLETING Tenant shall not assign or transfer, whether voluntarily, involuntarily or by operation of law, its interest in this Agreement of any part hereof No such assignment or transfer shall be valid or binding An attempted assignment or transfer shall be grounds for City's termination of this Agreement As used in this Section 6, the term "assignment" shall include a "more than 25% change in ownership of Tenant " A "more than 25% change in ownership of Tenant" shall mean, if Tenant is a corporation, the transfer of more than 25% of the voting stock of Tenant, or if Tenant is a general partnership, the transfer of the right to share in more than 25% of the profits of such partnership, or, if Tenant is a limited partnership a transfer of more than 25% of the voting rights of the general partner thereof to individuals or entities which were not theretofore general partners of Tenant In addition, the parking of aircraft not owned or under exclusively lease by Tenant in the Premises shall constitute a sublease for purpose of this Article 7 INDEMNITY 7 1 Indemnitv Tenant shall indemnify, hold harmless and defend City, its elected officials, officers and employees, from and against any and all actions, claims, damages, disabilities or expenses including, without limitation, attorneys' fees (including fees for use of in-house counsel by 5 Agreement insofar as they are inconsistent with the provisions of the lease to the United States Government, shall be suspended IN WITNESS WHEREOF, the parties to this Agreement have duty executed this Agreement on the date set forth above CITY OF REDLANDS TENANT NAME OF COMPANY/PERSON J Ch oatman,Director Je eyholomew ATTEST Lmxac' e ne Donaldson, 6ty Clerk 9 •Tr HoDw2rw 338.97' cel�� 47 4i• 47.69 47AW 47.117' 47.41' 6'9.05' (� z n o s ii i to N `Y i [tI i 17:117' SA 47 66' f x'47 8i!' X47. 47,07- x.47.91' 610 ' I ` i 1 � 11 1111 27.(1{1" 36l}3' GAZED ENTRY 26161' �[+ 43.48' 43W 4354' 43.54' 43 3' ., 4398' ' >=178' 21.7fi• 8778' 77 7' CAIT a '4 � + lip 4938' 4357x% 43.58' 43,54' 43 '� FP.741 LEASE PARCEL NUMBER 5 t2221r4.59 ,et Rapt° �"�° Y COMMON AREA 74040 M a1. 1 3W.4W r 47.60' ' 47.44' .. 47911 47.69' 47AW i1.62' r !� N N ► " L N N -A ii W � � � ro $ '� w IL IL 47:7'7' 4782' 4799' .. 47.91' � 47.i7' � $7.114' N 477W IL 47.94' 47.x' 47. y' !1 "A _ zr Olf �X17 a EXISTING HANGAR ON ADJACENT LEASE PARCEL NO. 4 31 S 4 � Joe a 1625 1641 Hangar Lease E Exhibit A i I 1533 18 19 Pilot's 1820 i; Lounge HaogarT ,Zo 18.19 ia29 : p i t 18y9 'W Hangar 13 y ,N iria9.4PsgttHangar 2d z� f x v :175EA4sgfY- A 1T30AOagk.;r Y ` ta24 un Hangar8 1819 '� 1819 '� Hang5r14,r� ry i 1EEAPagrt v r9 Hangar2] ' Hangar27 z7 _ �^ �.% `O 173TAoag1Y,_ � Y758A4sgfl m 5829 ;m. s Haega18 i9 � t iaa Wsgk N s 1a29 sv 3s _ r 1818 ,'�ti -Hangari6 viOi, r '11 US r Hangar223 Hangar25 "'A.737x, 4� 5820 mm A 1.. ' _ ,.-. Y 3 Y Tnu m,p wos pra a>rsed by u.cry at gem.nd+ - y GePOrs Ph'�Mlermaw s i 100.44sgk N - - - MP,I reaPnnubYryforN iPwrP,.m mruaM.d weenarournar,u s "u—,Iner,IPr v, —:1-2 P,rw.r�n m.y 9 nr r.ur nnl b,rA,ma,t cwr,u Ha3rgari6 rn c Ha6gar23 Hangar29 \V-�'�r]:C 1819 S -,Han9ar''11 ! - Y t iaa vaayn N 1az9 �' 18 19 0 Hangarl7 "\ �{ 18,20 Hang.,18 Hangar24 .Han9ar50 tT<i m 589.0859[1 i73704sgi1 17324Ps rt Han9ar7f2 t - < 5187Miq H 1CnYTIit[SL'rm,, c _g 18.20 Juno 23 2017 36.39 wo1 OHanqud-ease.mzd Customer No 01345816 -40AORAk Certificate No A 000042225 INSURANCE SERVICES CERTIFICATE of INSURANCE This certificate is Issued to City of Redlands 35 Cajon Street Suite 15A Redlands,CA 92374 On behalf of Named Insured Jeffrey Bartholomew 13495 Mesa Terrace Dr Yucaipa, CA 92399 Insurer Old Republic Aerospace, Inc Issuing Insurer Policy No PB 20772801 Policy Period April 18 2017 to April 18 2018 Insured Aircraft Coverage Limits of Liability 1966 CESSNA 172G N4126L Single Limit Bodily Injury& $1 000 000 each occurrence limited to$100 000 per passenger Serial No. 17254195 Property Damage Liability Aircraft Physical Damage $35,000 insured value Ground and Flight Deductibles $0 in motion $0 not in motion Additional Coverages or Agreements 1 The Certificate Holder is included as an Additional Insured with respect to operations of the Named Insured This certificate is issued for information purposes only It certifies that the policies listed in this document have been issued to the Named Insured It does not grant any rights to any party nor can it be used,in any way,to modify coverage provided by such policies Alteration of this certificate does not change the terms exclusions or conditions of such policies Coverage is subject to the provisions of the policies including any exclusions or conditions regardless of the provisions of any other contract such as between the Certificate Holder and the Named Insured Notice is hereby given that AOPA Insurance Services is not the Insurer hereunder and shall not be held liable for any loss or damage Should any of the above described policies be cancelled before the expiration date thereof,the Issuing Insurer will endeavor to provide thirty(30)days advance notice to the Certificate Holder but failure to do so shall impose no obligation or liability of any kind upon the Insurer its agents or representatives Date of Issue June 9 2017 ByAu#horized RepreW ativ J Californianse ia License 90AOPA INSURANCE SERVICES CERT AL•icense.O OFFICE 1995 MIDFIELD ROAD WICHITA KS 67208 ZL MAIL PO BOX 9170 WICHITA KS 67277 P 800-622 AOPA[2672] F 316 942 0091 aopamsurance.org CONFIDENTIAL OCERT-AL-AL-COI-O 2017-04•-436469 01346816 DRIVER LpET LN_BARTHOLOMEW FN JEFFERY PAUL: lou ARCHIBALO AVE UNIT 942 �> CORONA CA-92884 C 0111811977 - ti 3i4$YR NONE77 SEX R1 a EYES 6�2N Mi t.B A4 SGT 20D Ib I )JI312M3MOi488221lCCFWZO 4412512417 REGISTRATION NOT TRANSFERABLE UNITED STATES OF AMERICA This certificate DEPARTMENT OF TRANSPORTATION—FEDERAL AVIATION ADMINISTRATION must ba in the air CERTIFICATE OF AIRCRAFT REGISTRATION craft when operated NATIONALITY AND AIRCRAFT SERIAL NO REGISTRATION h7ARKS N 4126L 1 72541 95 MANUFACTURER AND MANUFACTURER'S DESIGNATIO OF AIRCRAFT CESSNA 1726 ICAO Aircraft Address Code 51157303 This certificate is issued for I BARTHOLOMEW JEFFERY registration purposes S 13495 MESA TERRACE DR only and is not a S YUCAIPA CA 92399 5800 cerfificateof tido U The Federal Aviation E Administration does D not determine rights of ownership as T between private O persons Individual If is certified that the above described aircraft has been entered on the register of the Federal Aviation Administration United States of America in accordance with the Convention on International Civil Aviation dated December 7,1944.and with Title 49,United States Code, and regulations issued thereunder U.S Department DATE of ISSUE May 9, 2017 of Transportation EXPIRATION DATE May 31, 2020 ��� � Eeder�Ijion S4'dm"mtlSn AG Form 8050 JIM030)Supersedes previous editions � 2 -e%y� '+73yi'fi p i`(''a�'T-77.7.77-777--l- � {��' z�j�� $/ r�. �!S i rzi C, Ir•+`1 �5}'�' 7 -�St a ��n .tr f r �l r j � "�,° 's t r � �k r!� �,`Lst ,� ti�� 4 l�!•JITEA���FE' OFt�MERICA° i � rt ° � f � 'i + lllrr u { c �a .��tir � a h� T[OIVgG1:NGY w x E FS " 1f ° y }W�TIOWAlI�I'AWAk REGISTRAnaN MARXS fr'a� 9J�IRCRIIFTXIRW'DRi!!IW>:SS''MSSiPICa'rIOW ,��i•..t (t Y��s �� �` hal �sA t`.1! Air F: ir} � a F G It a.d j, r 10 E Thwtiiteficate of Ainaarihlrnessjis Issued`pursUantrto tf�e,sFederal Avlatlorrr�Att of 1958 The bu'eraft identified hereon is conslderecl ain7vorfhy when maintarned a�d�operatidfln` + ccorclance v�ith fhe CiviE'Alr Reguiaflons.rrand dppllcablecaircraftppelptlote�ilmiinfions ros c xi(7 a• �'a y ,-: s. *n, tt"yfi .,� �t x3, fi>lhls{tCertificate will remalniin effect av ong os t 4 aircra is mainfamel#7n accortlanCe Ihw.fth;,Paiir43zof t>ie Crvll Air Regulations unless surrendered, suspended,;revoked,ar a Z t 'fermma'tion tlote'ls ofh bushed by the Administrator of the+Fed'er`al AVlahon w rY ELstTl EDl�tla®s s� s +7' �'t+�r 'Agency �r,t �t TE'iOF ISSUANCE r6.PA�s@dR1BFdN1[Tq ,�ymmc(®C r61Y� -� 'k -- 9 oE51Gi+AT10NO U61 1. gwrdraetjlr� 1 t °xF; ®YF '�+'ra`F �\� �� �,P ! � i`" ;��E-. _ r '� M a nyclterlit+on or disuse of iters Ceitific�rfe fs pun able by c fine of not exceadA $7,000 ��xr�y.�r�♦y�rrrmpr�sanmen't nOf exceeding 3{;yeah; oi;�both� ~< t t'�i�r° �'`r'"' r f Iwo- isseo�,'soas� >r ) y '� -_T��t �� �fs�`` sg!'L # _: _,� &©vm�l,RAA i�@63�r't5`391 J•�`1