Boulder City Municipal Airport Month to Month Tie- Down License Agreement

Transcription

1 Boulder City Municipal Airport Month to Month Tie- Down License Agreement 1. LICENSEE(s) INFORMATION Name as it appears on Driver s License: : Alt Phone: 2. BILLING ADDRESS (Primary Address if more than one.) Billing Name: Street Address: City, State, Zip: MAILING ADDRESS (Complete only if different from Billing Address) Street Address: City, State, Zip: Person to contact if you are unavailable Name: Phone: 3. Aircraft Information Limited to One Aircraft per Tie-Down Registration No.: N _ Single Engine Multi Engine Aircraft Model: Aircraft Legal Owner & Address: 4. LICENSE. This License Agreement (LICENSE) is made and entered into between the City of Boulder City (CITY) and LICENSEE listed in Section 1, subject to the following terms, conditions, and provisions: Tie-Down Space Monthly License Fee Commencement Date Receipt of Insurance Cert. 5. TERM. The term of this Agreement will commence on Commencement Date in Section 4 for the aircraft described in Section 3. No other aircraft other than specified in Section 3 may occupy the Tie-Down Space under this LICENSE. The LICENSE shall continue for a period of thirty (30) days and shall

2 Month to Month Tie- Down License Agreement 2 automatically be renewed for successive thirty (30) day periods, unless terminated pursuant to the provisions of this LICENSE. 6. PREMISIS AND USE SECTION. The initial location of the Tie-Down Space to be used pursuant to this LICENSE shall be determined by the CITY in the exercise of reasonable discretion. The initial location of the Tie-Down Space to be used pursuant to this LICENSE shall be that Tie-Down Space reference in Section NOTICES. All notices and other communications under this LICENSE shall be in writing and shall be delivered to the LICENSEE listed in Section 1 and to the CITY: City of Boulder City Boulder City Municipal Airport Airport Manager 1201 Airport Road, Suite 200 / 401 California Ave Boulder City, NV RENT, CHARGES and DEPOSITS. LICENSEE shall pay, the following fees, charges, and deposits: A. Licensee shall pay Fee to CITY as stated in Section 4 and as may be adopted by City. Rent will be due semiannually on January 1 and July 1. Partial months/days will be billed at the current monthly/daily rate for single engine or multi engine aircraft as may be adopted by City. B. The fee shall be due and payable in advance, with or without demand or prior notice to the CITY. Invoices and statements are sent as a curtesy and the CITY may determine at any time to discontinue sending invoices or statements. C. In the event the LICENSEE is delinquent in paying rent for a period of ten (10) days or more the CITY will be entitled to, and the LICENSEE shall pay to the CITY, interest at the rate of ten percent (10%) per month on all amounts unpaid. D. The City of Boulder City reserves the right to re-determine the rental fees at any time. The LICENSEE will be notified of such adjustments in writing thirty (30) days prior implementing. 9. COMPLIANCE WITH LAWS AND AIRPORT RULES AND REGULATIONS. LICENSEE hereby agrees to be bound by all Boulder City Airport Rules and Regulations, Airport Ground Operations Program, Nevada Revised Statutes, and/or other such governmental regulations, whether municipal, state, or federal, including, but not limited to, all environmental laws as may be amended from time to time, and will immediately, upon request, verify compliance to any such requirement LICENSEE agrees to be subject to any fines and/or administrative assessment or penalties resulting from violations of any Airport Rules and Regulations, Airport Ground Operations Program and. LICENSEE will keep current municipal, state, or federal licenses, taxes, or permits. 10. DERELICT AIRCRAFT. LICENSEE shall not store, keep or maintain aircraft not in compliance with an Airworthiness Certificate for a period greater than one hundred and eighty (180) consecutive days unless the owner demonstrates to CITY s satisfaction, that the owner is actively engaged in an effort to bring such aircraft into airworthy condition, and obtains the express written consent of Airport Manager or designee to continue storage of such aircraft for an additional specified period of time in order to bring the aircraft into airworthy condition. 11. COMMERCIAL USE. LICENSEE shall not conduct any commercial aviation operation or business, including but not limited to air charter services, air taxi, flight instruction, rental, aircraft brokerage, aerial

3 Month to Month Tie- Down License Agreement 3 sightseeing for hire or other related commercial activity unless prior written approval is received from the Airport Manager. 12. VEHICLE PARKING. Parking of a personal vehicle is permitted in the North Tie-Down Area within the LICENSEE s assigned Tie-Down space only. No vehicles are permitted to drive or park on the City Terminal Ramp. 13. SECURING AIRCRAFT. Aircraft shall be securely tied down or chained to the points associated with the Tie-Down Space at all times when not in use. The LICENSEE assumes all risk and responsibility in connection with its use of any and all tie down mechanisms utilized to secure the Aircraft. LICENSEE shall have complete responsibility for securing the Aircraft. 14. HOLD HARMLESS. LICENSEE agrees to hold The City of Boulder City and its employees harmless from and against any claims, expenses, damage, or liability for injury or damage or loss of person or property including damage or loss to the Aircraft resulting from The City of Boulder City and its employees securing of the Aircraft as a courtesy to the LICENSEE or when such security is necessary or due to inclement weather conditions. City of Boulder City shall not be liable for injury or damage to person or property occurring on or about the Tie-Down Area including damage or loss to the Aircraft while parked in the Tie-Down Area unless solely caused by the negligence of the City of Boulder City. 15. LIABILITY INSURANCE. During all times this Agreement is in effect the LICENSEE shall obtain and keep in force general liability insurance and property damage liability insurance on the Aircraft listed in this agreement with limits no less than $1,000,000 each occurrence limited to $100,000 bodily injury per person, bodily injury per occurrence, property damage, and liability per each passenger seat. City of Boulder City reserves the right, upon thirty (30) days written notice to the LICENSEE, to increase the foregoing coverage limits. All insurance requirements herein shall name the City of Boulder City, Its Officers, Employees, and Volunteers as an additional insured on any Aircraft Liability insurance intended for protection under this Agreement. The LICENSEE shall provide written evidence of adequate insurance at the signing of this Agreement. In addition, the LICENSEE agrees to require its insurance carrier to provide thirty (30) day prior notice of cancellation, termination, or modification of the LICENSEEs policy. 16. AIRCRAFT STORAGE/MAINTENANCE. Aircraft shall be maintained in good and serviceable condition so as to not leak any fluids on to the pavement/tie-down Space and tires shall be inflated. Aircraft shall be kept in Aircraft maintenance will be permitted under FAR Part 43, Appendix A, Paragraph C. Any maintenance or repair on the Aircraft which involves fuel, lubricants, chemicals, or other foreign substances LICENSEE shall take all steps to ensure the performance of such maintenance does not cause any discharge of fluids or other hazardous waste on the pavement/tie-down Space, and all such substances shall be cleaned and removed from the pavement so as to not cause further damage to the pavement now or in the future. LICENSEE shall be fully and exclusively responsible for the proper and lawful handling and disposal of all waste generated by such maintenance activities. If LICENSEE is unable to clean up the pavement/tie-down Space the CITY will perform such cleanup and LICENSEE will be billed back said cleanup fees plus CITY time. Aircraft cleaning in the LICENSEE s Tie-Down Space must be a dry method that does not produce any wastewater run-off. 17. CARE AND PROPERTY. LICENSEE shall maintain the Assigned Space in good condition. Ensuring upon expiration or termination of this LICENSE, LICENSEE shall return the Assigned Space to its original condition, less reasonable wear and tear. LICENSEE shall reimburse CITY for any damage done to the Tie-Down Space caused by LICENSEE s occupation or tenancy other than that due to normal use. In the event LICENSEE shall leave or allow to remain on the CITY any garbage or other refuse or debris, said rubbish or garbage will be caused to be removed by CITY and the cost of said removal shall be paid

4 Month to Month Tie- Down License Agreement 4 by LICENSEE. LICENSEE shall ensure aircraft does not leak any fluid onto the pavement weather unintentional or not, if any leak is found by the CITY, CITY will inform the LICENSEE and LICENSEE shall remedy the leak within 1 day. LICENSEE must notify CITY immediately if any pavement degradation is identified or any fluid leaks are found, it is the LICENSEE s sole responsibility to remedy the issue. Exhibit A to this license depicts the pavement condition at commencement. 18. PROHIBITED USE. Any use of the Tie-Down Space other than expressly provided in this Agreement, is prohibited, including, but not limited to, the following activities: A. The performance of maintenance activities by anyone which involves the use of hazardous or toxic materials B. The parking of any other aircraft other than the Aircraft specifically authorized by this Agreement C. Storage of anything other than the Aircraft or vehicle while aircraft is in use. D. The storage of tools, supplies, parts, or ladders. E. Renting or subleasing the Tie-Down Space F. The keeping of any animal or pet of any kind, or any human residential habitation. 19. TERMINATION. This LICENSE agreement may be terminated by either party for any reason, with or without cause, upon prior written notice of non-renewal. Once the CITY or LICENSEE provides Notice of Non-Renewal, automatic renewal of the LICENSE shall no longer be applicable. This LICENSE shall terminate effective thirty (30) days from the date of the ( Termination Date ). By way of example, if Licensor sends a Notice of Non-Renewal, dated June 5, the Termination Date of the License Agreement shall be July AIRPORT MAINTENANCE, REPAIR, DEVELOPMENT AND EXPANSION. CITY reserves the right to further develop or improve the landing area or any other area, building or other improvement within the present or future boundaries of the Airport as it sees fit in its sole judgement regardless of the desires or views of LICENSEE and without interference or hindrance by the LECENSEE. Further, CITY retains the absolute right to maintain, repair, develop and expand any other Airport facility, Airport improvement or Airport property free from any and all liability to the LICNSEE for loss or damage of any nature whatsoever as may be occasioned during or because of the performance of such maintenance, repair, development or expansion. CITY shall provide reasonable notice to LICENSEE if it is necessary to relocate aircraft to perform such maintenance, repair, development or expansion. 21. ACCESS AND SECURITY. Access to the Tie-Down Space shall be controlled through the use of a badge-activated security gate. The Airport Access badge can be obtained from the airport administration office for a non-refundable fee. 22. PARTNERSHIPS. Licenses held by unincorporated Partnerships or Corporations must include the names and signatures of all owners or shareholders who hold an interest in the subject aircraft and who wish to be considered a LICENSEE under this LICENSE. Transfer of Licenses to partners or shareholders not listed in the original license is prohibited. The License shall terminate when all originally listed owners or shareholders cease participation in or divest their ownership interest in the Partnership or Corporation. LICENSEE shall notify CITY of all full or partial changes in aircraft ownership.

5 Month to Month Tie- Down License Agreement 5 I HEREBY CERTIFY that all the information provided on this Tie-Down License Agreement is true, complete, and correct and provided in good faith. I understand that a knowing and willful false statement on this application will result in automatically terminate of this Agreement. I here by certify that I will comply with the Terms and Conditions of the Tie-Down License Agreement as well as the Boulder City Municipal Airport Rules and Regulations and Airport Ground Operations Program. I understand that failure to comply with any of the terms, condition or rules may result in termination of this Agreement. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective as of the day and year first above written. CITY OF BOULDER CITY REPRESENTATIVE PRIMARY LICENSEE NAME PARTNERSHIP/CORPORATION MEMBER