AIRCRAFT STORAGE PERMIT ( Permit ) Circle One: UC Owned Hangar UC Tie-Down Privately Owned Hangar

Transcription

1 AIRCRAFT STORAGE PERMIT ( Permit ) Circle One: UC Owned Hangar UC Tie-Down Privately Owned Hangar Customer Information ( Permittee ): If different from Permittee information Permit issued to: Invoice to be mailed to: Address: City: State: Zip: Phone #: Fax: Address: City:, State: Zip: Phone #: Fax: Aircraft Description: Make: Model: Year: N Number: Cert. Gross Wt: Written proof of ownership or exclusive use of an aircraft is provided in Exhibit A, which is attached and incorporated herein. THIS PERMIT is made as of, 201, ( Effective Date ) by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ( University ) and ( Permittee ). The University and Permittee hereby agree as follows: The Regents of the University of California ( University ) owns and operates the University Airport ( Airport ) located within the boundaries of the main campus in Davis, California. University hereby permits Permittee to use the aircraft storage space, UC Owned Hangar No. /Tie Down No. (NOTE: if the hangar is privately owned, amend the appropriate paragraphs of this Permit for that purpose) ( Premises ) for the purpose of storing the aircraft described herein, subject to the following terms and conditions: 1. TERM. The term of this Permit shall commence on, 201_ and shall be month to month for all portions of the real property included within the Premises. Either party may terminate this Permit by providing thirty (30) days written notice to the other party. [Add this paragraph if Permittee does not own an aircraft] Permittee acknowledges that he/she is in the process of acquiring an aircraft. As a condition precedent to University s obligation under this Permit, Permittee shall have (i) secured an aircraft within three (3) month from the Effective Date, and (ii) included three months of rent payments with the return of the signed Permit. If Permittee has secured an aircraft, Permittee shall pay the Security Deposit together with the rent for the fourth month. If Permittee is unable to provide proof of ownership or exclusive use of an aircraft, this Permit shall terminate at the end of the third month after the Effective Date. 2. RENT. Permittee shall pay as rent for the Premises the sum of $ per month ( Rent ) subject to annual increases in the University s sole discretion. Rent is payable monthly, in advance and due on the first day of the month, whether or not courtesy invoiced. Rent not paid pursuant to this Permit shall result in late of 10% of the past-due amount. Failure to pay Rent or other financial obligations under this Permit may result in termination of this Permit see Paragraph 18. Permittee shall be liable for all costs of collecting past-due Rents and any other costs of enforcing the terms of this Permit. 1

2 3. SECURITY DEPOSIT. Permittee shall pay a $ security deposit ( Security Deposit ) at the Effective Date, which Security Deposit shall be held to pay for damages or unpaid monetary obligations pursuant to this Permit. The Security Deposit is refundable if the Premises are returned to the University clean and in good condition. If the Premises are not in a clean condition at the end of the term of this Permit, University may apply any portion of the Security Deposit reasonably necessary to put the Premises in a clean condition. University shall return to Permittee any portions of the Security Deposition remaining after deductions authorized under this Permit within fifteen (15) days after University receives possession of the Premises. 4. SUBPERMIT OR ASSIGNMENTS. Permittee may not assign or subpermit any part or portion of the Premises without the prior written consent of University. Before any assignment is effective, the Permittee and assignee must provide University notice of the proposed assignment, and the assignee must agree in writing to be bound by all of the terms and provisions of this Permit. Permittee shall not assign or subpermit any exterior area of Premises for any reason or purpose whatsoever. 5. USE OF UC OR PRIVATELY OWNED HANGARS (collectively referred to herein as Hangars ). Hangars are restricted by code from any use other than for the storage of aircraft and items considered accessory to the use of an aircraft, such as aircraft parts and supplies, storage shelving, work bench, and tool chests. Permittee shall be solely responsible for tying down and/or otherwise securing his/her aircraft. No commercial activity or operations of any kind, including commercial aircraft services and repairs, shall be conducted by Permittee, from, or around the Premises or on any other portion of the Airport property. Permittee is not allowed to sell, store, or dispense fuel in or around the Premises or on any other portion of the Airport property. a. General storage of items not related to aircraft use is prohibited, unless requested in writing by Permittee and approved in writing by the Director, Transportation and Parking Services. b. Permission from the Director, Transportation and Parking Services is not necessary for the following: i. Tables and chairs utilized for the comfort of the occupant while in the portable hangar except any items with heavy fire fuel-load characteristics, such as upholstered couches and chairs which are expressly prohibited. ii. A small refrigerator, provided that it is secured at least 18 inches above the floor surface to prevent fuel vapors from reaching a potential ignition source in the event of leakage from the aircraft. Heat-generating appliances, such as those used for cooking or space heating are expressly prohibited. c. Minor mechanical work is permitted, but is limited to exchange of parts and routine maintenance required by FAA regulations. Such work is permitted only if fuel and fuel vapors are prohibited from escaping the aircraft fuel system. d. All activities violating applicable fire regulations are prohibited. e. Storage and use of fuel, compressed gases, and welding equipment is prohibited. f. Overnight sleeping within a portable hangar is prohibited. 2

3 6. AIRCRAFT STORAGE AREA REGULATIONS/INSPECTIONS FOR HANGARS. a. Permittee shall keep and maintain the interior of the Hangar in good sanitary order, condition and repair and, upon termination of this Permit, shall surrender the Hangar to University in the same condition as when received, reasonable wear and tear excepted. Permittee shall not make any alterations to the Hangar or its parts (including wiring), including but not limited to painting, defacing, bending, drilling, cutting, except with University s prior written consent. In no event shall Permittee attach any hoisting or holding mechanism, including but not limited to a chain fall, block and tackle, to the walls, roof, or structure of the Hangar. b. Permittee shall allow the University to enter and inspect the Hangar for all reasonable purposes, including an annual fire safety inspection made pursuant to University Airport Rules and Regulations, section III.D.1.b. Upon receipt of a notice or correction from University, Permittee shall, at his/her own expense, make any and all corrections as may be required within such parameters as may be specified in such notice of correction. If providing the University with the key(s) or combination(s) to all relevant locks, or if Permittee is unresponsive to University s attempts to schedule a fire safety inspection, University may, in its sole discretion and without notice to Permittee, enter the portable hangar and complete the inspection, regardless of whether such entry and inspection requires the removal or destruction of any lock or locking mechanism. Any damage resulting from University s entry for inspection shall be borne solely by Permittee. c. In the event that the Hangar is partially or totally damaged or destroyed by fire, the elements of other casualty and thereby rendered unsuitable for occupancy, University may immediately terminate this Permit without liability to Permittee. If University does not terminate this Permit and allows Permittee to continue use of the damaged or partially destroyed Hangar, then the use fee shall be reduced by the same percentage that usable floor space has been reduced. 7. TAXES. University specifically calls to Permittee's attention the fact that this Permit may create a possessory interest subject to property taxation, and Permittee may be subject to property tax levied on such interest. Permittee alone shall be liable for such tax. 8. ENTRY AND INSPECTION BY UNIVERSITY. Permittee shall permit University and its officers, employees and agents to enter the Premises at all times upon reasonable advance notice to inspect the Premises, determine Permittee s compliance with the terms of this Permit and federal, state and local laws and ordinances, post notices, survey the land, exercise any of University s rights under this Permit, and for all other lawful purposes. Should it be necessary for University to enter and remove any unlawful or dangerous debris that might be left in or upon the Premises more than thirty (30) days after the Permittee has been notified in writing to remove the same, Permittee will pay to University any costs that are incurred in said removal, and said amount shall be added to and become part of the next month s Rent payment. 9. MAINTENANCE OF PERMITTED AND COMMON SHARED PREMISES. Permittee agrees to be liable and reimburse University for all damage to roadways, taxiways, and other permanent surfaces caused by the aircraft or equipment of Permittee, except for ordinary wear and tear. Permittee is responsible for replacement of light bulbs, disposal of waste and keeping the Premises free of debris. University shall only be responsible for door maintenance of UC Owned Hangars required due to ordinary wear and tear. Permittee is liable for any damage to UC Owned Hangar doors above ordinary wear and tear. 10. WASTE. Permittee shall not commit waste or nuisance on the Premises or the Airport, nor any other act not allowed by law and normally associated with the operation and activity of an airport that could disturb the quiet enjoyment of University, or any other Permittee of University. 3

4 11. COMPLIANCE. Permittee shall comply with all laws, ordinances, rules, regulations and policies now in force or hereafter promulgated by any legally constituted authority (including but not limited to the Federal Aviation Administration, the State of California, and the University of California) which are applicable to Permittee s use of University property. 12. INDEMNIFICATION. Permittee shall indemnify, defend and hold harmless University, its officers, agents, and employees from and against any Claims arising out of or in any way connected with this Permit including, without limitation, claims for loss or damage to any property or for death or injury to any person or persons, but only in proportion to and to the extent that such claims arise from the negligent or wrongful acts or omissions of Permittee, its officers, partners, agents, or employees. 13. INSURANCE COVERAGE. Permittee, at its sole cost and expense, shall insure its activities in connection with this Permit and obtain, keep in force and maintain insurance as follows: a. Commercial Form General Liability Insurance (contractual liability included) with minimum limits as follows: 1. Each Occurrence $1,000, Products/Completed Operations Aggregate $ 2,000, Personal and Advertising Injury $ 1,000, General Aggregate $ 2,000,000 If the above insurance is written on a claims-made form, it shall continue for three (3) years following termination of this Permit. The insurance shall have a retroactive date of placement prior to or coinciding with the Permit Commencement Date. b. Business Automobile Liability Insurance for owned, scheduled, non-owned, or hired automobiles with a combined single limit of not less than one million dollars ($1,000,000) per occurrence. c. Property, Fire and Extended Coverage Insurance in an amount sufficient to reimburse Permittee for all of its equipment, trade fixtures, inventory, fixtures and other personal property located on or in the Premises including improvements hereinafter constructed or installed. d. Workers Compensation as required by California law. e. Such other insurance in such amounts which from time to time may be reasonably required by the mutual consent of Permittee and University against other insurable risks relating to performance. The coverages referred to under a. and b. of this paragraph shall include University as an additional insured. Such a provision shall apply only in proportion to, and to the extent of, the negligent acts or omissions of Permittee, its officers, partners, agents, and employees. Permittee, upon the execution of this Permit, shall furnish University with certificates of insurance evidencing compliance with all requirements. Certificates shall provide for thirty (30) days (ten (10) days for non-payment of premium) advance written notice to University of any material modification, change or cancellation of any of the above insurance coverages. The coverages required herein shall not limit the liability of Permittee. 4

5 f. Waiver of Subrogation. Notwithstanding the provisions of this Paragraph 13, Permittee hereby waives any right of recovery against the University due to loss of or damage to the property of Permittee when such loss of or damage to property arises out of an act of God or any of the property perils included in the classification of fire or extended perils ( all risk as such term is used in the insurance industry) whether or not such perils have been insured, self-insured or non-insured. g. Exemption of University from Liability. Permittee hereby agrees that University shall not be liable for injury to Permittee or Permittee s property, invitees, or any other person in or about the Premises, nor shall University be liable for injury to the person of Permittee, Permittee's agents or contractors, as a result of any condition of the Premises or the Airport, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause in or about the Premises, whether the said damage or injury results from conditions arising in the Premises or in other areas of the Airport and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Permittee. University shall not be liable for any damages arising from any act or neglect of any other Permittee, tenant or user of the Airport. 14. UNIVERSITY AIRPORT RULES AND REGULATIONS. In undertaking any activities under this Permit or on the Premises, Permittee, its officers, employees, agents, and invitees shall obey all applicable laws and regulations, whether established by University, the State of California, the United States, or by any other governmental agencies having jurisdiction over said Premises. Permittee shall abide by the University Airport Rules and Regulations attached hereto as Exhibit B and by reference incorporated herein. 15. All notices or correspondence provided for herein shall be effective only if made in writing, personally delivered with an executed acknowledgment of receipt or deposited in the United States mail, certified, postage prepaid, and addressed as follows: To University: The Regents of the University of California ATTN: Real Estate Services 255 Cousteau Pl. Davis, CA With a copy to:attn: Director, Transportation and Parking Services One Shields Ave. Davis, CA To Permittee: Rent payments shall be made to Any notice shall be deemed delivered (i) five (5) days after notice is mailed, or (ii) if personally delivered, when acknowledgment of receipt is signed, as provided above, or (iii) for any notice by 5

6 overnight courier, the next business day after deposit with the courier. By written notice to the other, either party may change its own mailing address. 16. WAIVERS. No waiver by University or any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Permittee of the same or any other provision. University's consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of University's consent to or approval of any subsequent act by Permittee. The acceptance of Rent hereunder by University shall not be a waiver of any preceding breach by Permittee of any provision hereof, other than the failure of Permittee to pay the particular Rent so accepted, regardless of University's knowledge of such preceding breach at the time of acceptance of such Rent. 17. TERMINATION UPON BREACH OF COVENANT. The occurrence of any one or more of the following events shall constitute a material default and breach of this Permit by Permittee: a. The vacating or abandonment of the Premises by Permittee. b. The failure by Permittee to make any payment of Rent or any other payment required to be made by Permittee hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof from University to Permittee. In the event that University serves Permittee with a Notice to Pay Rent or Quit pursuant to applicable Unlawful Detainer statutes, such Notice to Pay Rent or Quit shall also constitute the notice required by this subparagraph. c. The failure by Permittee to observe or perform any of the covenants, conditions or provisions of this Permit to be observed or performed by Permittee, other than described in paragraph (b) above, where such failure shall continue for a period of thirty (30) days after written notice thereof from University to Permittee; provided, however, that if the nature of Permittee's default is such that more than thirty (30) days are reasonably required for its cure, then Permittee shall not be deemed to be in default if Permittee commenced such cure within said 30-day period and thereafter diligently prosecutes such cure to completion. Notwithstanding the foregoing sentence or any other provision of this Permit, University shall have the right to terminate this Permit immediately in the event that Permittee fails to comply with the insurance requirements of Paragraph 13. above. 18. TERMINATION. At the end of the term of this Permit, or upon termination of this Permit pursuant to Paragraphs 1. and 17., Permittee shall vacate the Premises. Permittee shall ensure that the Premises are in a clean condition, except ordinary wear and tear. 19. UTILITIES. University shall not be obligated to furnish to Permittee any light, power, telephone, water, or other utilities. Permittee shall not undertake to install or cause the installation of utilities of any kind without the prior written consent of University, which consent will not be unreasonably withheld if provision of utilities is in compliance with applicable codes and regulations. 20. MAINTENANCE OF LANDING AREA. The University reserves the right to maintain and keep in repair the landing area of the Airport and all University owned facilities at the Airport, together with the right to direct as necessary all activities of the Permittee in this regard. The University will make all reasonable efforts to notify Permittee of planned landing area closures as a result of maintenance and construction activities on the Airport. 21. PERMIT SUBORDINATE. This Permit shall be subordinate to the provisions and requirements of any existing or future agreement between the University and the United States, relating to the development, operation or maintenance of the Airport. 6

7 22. RIGHT OF FLIGHT. There is hereby reserved to the University, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operation on the Airport grounds. 23. NONINTERFERENCE WITH LANDING AND TAKING OFF. By accepting this Permit, Permittee agrees for itself, its successors and assigns that it will not make use of the Premises in any manner which might interfere with the landing and taking off of aircraft from the Airport or otherwise constitute a hazard to air navigation or use of the Airport. In the event the aforesaid covenant is breached, the University reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of the Permittee. 24. NO EXCLUSIVE RIGHT GRANTED. It is understood and agreed that nothing herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of federal law, regulations or federal grant assurances executed by the University. 25. PERMIT SUBJECT TO U.S. GOVERNMENT ACQUISITION, CONTROL. This Permit and all the provisions hereof shall be subject to whatever right the United States government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of said Airport or the exclusive or non-exclusive use of the Airport by the United States during the time of war or national emergency. 26. HAZARDOUS MATERIALS. Permittee acknowledges that it is responsible for compliance during the entire term of this Permit with all federal, state, and local laws, rules and regulations relating to the emission into the air, discharge onto lands and ground and surface waters, storage, use, and disposal of hazardous or toxic materials, substances, and wastes (collectively, Hazardous Materials ), and all other federal, state and local environmental laws, rules and regulations applicable to the Premises (collectively, Environmental Laws ). Permittee shall not store, use, or dispose of on the Premises or the Airport grounds any Hazardous Materials except in strict compliance with all applicable Environmental Laws. Further, Permittee shall not permit any person lawfully using or occupying the Premises to store, use, or dispose of any Hazardous Materials on the Premises or Airport grounds except in strict compliance with all applicable Environmental Laws. In the event that Permittee causes or contributes to any soil, air, groundwater, surface water, or other environmental contamination (collectively, Environmental Contamination ), or if any Environmental Contamination is attributable to any Hazardous Materials brought onto the Premises or the Airport property by Permittee or any of its subpermittees, Permittee shall, at its sole expense, promptly take all investigatory and/or remedial action reasonably required for the remediation of such Environmental Contamination. Prior to undertaking any investigatory or remedial action, however, Permittee shall first obtain University s approval of any proposed investigation. Should Permittee fail at any time to promptly take such action, University may enter the Premises and undertake such action at Permittee s sole cost and expense, and Permittee shall reimburse University for all such expenses within thirty (30) days of being billed for those expenses, and any amount not paid within that thirty (30) day period shall thereafter be deemed delinquent rent. These obligations are in addition to any defense and indemnity obligations that Permittee may have under this Permit. 27. ENVIRONMENTAL INDEMNITY. Permittee shall defend, indemnify, and hold University harmless against and from any and all claims, suits, losses, penalties, damages and liability for damages of every name, kind and description, including attorneys fees and costs incurred, which are claimed to or which in any way arise out of or are connected with any Environmental Contamination or 7

8 violations of Environmental Laws attributable in whole or part to the acts or omissions of Permittee. Permittee s obligations under this Paragraph shall survive the termination of this Permit. 28. INTEGRATION. This Permit contains the entire Permit between the parties and supersedes all other leases, agreements, or understandings between University and Permittee concerning the Airport, the Premises, and any other real property lying within the Airport boundaries. 29. AMENDMENTS. This Permit may be amended or otherwise modified at any time by a written agreement signed by both parties. 30. SEVERABILITY. In the event that any term or provision of this Permit shall be held to be invalid, void, or unenforceable, then the remainder of this Permit shall not be affected, and each such term and provision of this Permit shall be valid and enforceable to the fullest extent permitted by law. 31. ATTORNEYS FEES. If either party brings an action to enforce the terms of this Permit, the prevailing party shall be entitled to recover reasonable attorneys fees in addition to any other relief. 32. ADDENDA. The attached Aircraft Storage Permit Addendum A and Exhibits A and B are attached and by reference incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Permit on the day and year first written above. UNIVERSITY PERMITTEE THE REGENTS OF THE UNIVERSITY OF CALIFORNIA By: Clayton Halliday, Asst. Vice Chancellor and Campus Architect By: Office use only: { } Tie Down Beginning: Rate /Per { } Hangar Fuel Used: { } 80 Octane { } 100 Octane { } Other Terminated: Certificates Liability [ 3] Compliance [ 9(B)] Hangar-Keepers Liability Insurance [ 9(E)] 8

9 AIRCRAFT STORAGE PERMIT Addendum A: Portable Hangar (revised December 2009) Permittee is hereby granted permission to install, on and over tie-down space(s) assigned to him/her/it by University, a portable aircraft hangar. This permission is granted subject to the following special conditions: 1. Said portable hangar shall not exceed feet in length by feet in width and shall be subject to University approval as to its appearance and location. The Director, Transportation and Parking Services will provide Permittee a plot plan showing the exact location where said portable hangar is to be installed. The portable hangar installation shall be completed within ( ) days of execution of this Permit. 2. Said portable hangar shall be installed, maintained, and used at Permittee s sole expense and in compliance with all applicable health and safety regulations (including those relating to fire safety) of governmental agencies having jurisdiction. Permittee agrees to defend, indemnify, and hold harmless the University, its officers, agents, and employees from and against any and all cost or liability arising from or alleged to arise from Permittee s failure to assure such compliance. 3. All installations must be accomplished in accordance with portable hangar manufacturer s specifications. Permittee s installation contractor shall perform the manufacturer s specified anchoring test in the presence of the Director, Transportation and Parking Services or his designee and shall provide Director, Transportation and Parking Services with a certificate of compliance with the manufacturer s specified test uplift pressure. 4. This permission for installation of said portable hangar shall not be construed as obligating University to provide Permittee any utility or other service necessary or desirable for Permittee s maintenance or use of said portable hangar, nor as granting University approval for any third party to enter upon University property for the purpose of providing utilities or services to Permittee. In the event University should agree to furnish any utility or service to Permittee in connection with Permittee s installation, maintenance or use of said portable hangar, Permittee shall reimburse University for costs it thereby incurs. 5. Permittee agrees, at Permittee s own sole expense, to remove said portable hangar from University property and to restore its site to its condition preceding installation of said portable hangar (ordinary wear and tear excepted) within thirty (30) days following University s issuance of a written request for removal of said portable hangar. The decision whether to request removal of said hanger shall be at University s sole discretion. Such request shall not affect the term of the underlying Aircraft Storage Permit issued to Permittee by University unless an explicit notice of Permit termination is incorporated into or attached to such request. 6. Permittee shall provide University with certificates of insurance showing that the installation contractor carries general and vehicle liability insurance in minimum amounts of $100,000/$300,000/$100,000 plus workers compensation insurance as required by California State law. 7. Permittee shall provide University with certification of Permittee s portable hangar-keepers liability insurance in minimum amounts of $100,000/$300,000/$100,000. The certificate shall name The Regents of the University of California as an additional insured and obligate the insurance carrier to notify the University at least thirty (30) days prior to cancellation or change in said policy of insurance. 8. Any written notice provided for hereunder shall be deemed to have been given five (5) days after its deposit in the U.S. mail, postage prepaid, or when delivered in person, addressed by either party to the other as shown below. Either party may, by written notice to the other, change his own mailing address. It is mutually understood and agreed that it is Permittee s obligation to keep University informed of Permittee s notification address. If University is unable to deliver notice because of inaccurate or incomplete address information supplied by Permittee, this Permit may be terminated immediately at University s option. 9. Permittee agrees to provide the University the first option to buy, upon such terms and conditions as Permittee may then offer, Permittee s portable hangar. University shall give Permittee written notice of its decision to exercise such option 9

10 within thirty (30) days after receipt of Permittee s notice that the portable hangar is for sale. Upon sale of the portable hangar to the University, the underlying Aircraft Storage Permit shall terminate. Certificates Compliance [ 3] Liability Insurance [ 6] Portable hangar-keepers Liability Insurance [ 7] 10

11 EXHIBIT A EVIDENCE OF OWNERSHIP OF AN AIRCRAFT 11

12 EXHIBIT B UNIVERSITY AIRPORT RULES AND REGULATIONS February