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HomeMy WebLinkAboutAugusta GA., DBA Augusta Regional Airport at Bush Field Augusta Richmond GA DOCUMENT NAME: t:\ u ~l)$'r "I- (',.A./\)\3 A AU')ug r f-t ~ IE ~ I010AL. Ai ~po-<T R-r ~ust\ ~, eLt:>. DOCUMENT TYPE: LE:AS e YEAR: ~OD S BOX NUMBER: d. c:;- FlLE NUMBER: ) 7lR D I NUMBER OF PAGES: le State of Georgia ) ) County of Richmond ) LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this March 20. 2005, by and between, AUGUSTA GEORGIA. DBA AUGUSTA REGIONAL AIRPORT at BUSH FIELD, a political subdivision of the State of Georgia, whose address is 1501 Aviation Way, Augusta Regional Airport at Bush Field, Augusta, Georgia 30906-9600, hereinafter called "Lessor", and MCAIR AVIATION SERVICES. INC., whose address is 1510 Hangar Road, Suite E, Augusta Georgia, 30906 hereinafter called "Lessee". In and for the promises and mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties intending to be legally bound do agree as follows: 1. Premises: Lessor does hereby lease and the Lessee, for its exclusive use, does hereby lease from Lessor: a. 486 square feet of office space located In Hangar One, identified as Rooms 23 and 24, and b. Ramp space (tie-down) on Augusta Regional Airport for parking of four aircraft (one Piper Arrow (N391OT), two Cessna 172 (N6704E and N20965), and one Piper Seneca (N5423F) type aircraft). c. Should offices or aircraft identified above in paragraph 1 a and 1 b change, rental fees identified below in paragraph 3 will be adjusted accordingly. 2. Term: The term of this lease shall be for a period of five (5) years commencing on the above date and renewable month-to-month thereafter. However, either party may effectively terminate this Agreement upon giving thirty (30) days written notice of the intent to cancel after the initial term or any month to month term thereafter. Airport reserves the right to relocate McAir Aviation Services' offices to another location should the need arise during the term of this Agreement. 3. Rental: As rental for the Premises, Lessee agrees to pay Lessor the sum of $636.00 per month itemized as follows: $86.00 for office rent (Hangar 1, room 23), $196.00 for office rent (Hangar 1, room 24), $56.00 for utilities (Hangar 1, Room 23), $128.00 for utilities (Hangar 1, Room 24), $40.00 for aircraft Ramp space (tie-down), Piper Arrow (N39 lOT) type aircraft $40.00 for aircraft Ramp space (tie-down), Cessna 172 (N6704E) type aircraft, $40.00 for aircraft Ramp space (tie-down), Cessna 172 (N20965) type aircraft, and $50.00 for aircraft Ramp space (tie-down), Piper Seneca (N5423F) type aircraft. AUGUSTA REGIONAL AIRPQRT Al' BUSH FIELD HANGAR, RAMP, AND/OR OFFICE SPACE LEASE Page 2 Rent is payable in advance no later than the first day of the month for which rental is due. Rental shall be paid to Lessor at the herein above address. 4. Interest; Attorney's Fees. Any rental payment or other payment required to be paid by Lessee hereunder, if not paid within 5 days of the due date, shall bear interest from the date the same became due until the date payment is received by Lessor at the rate of 1.5% per month (18% per annum). If Lessee fails to pay any rental payment or any other payment required to be paid by Lessee hereunder and the same is collected through the services of an attorney at law, Lessee shall pay to Lessor attorney's fees in the amount of 15% of the total amount due from Lessee and all reasonable expenses of the litigation. 5. Utilities: The costs of utilities (electricity and water) are included as a separate item. Lessee shall pay for all utilities used and required in connection with the leased aircraft storage and/or office space. Lessor shall have the right to prorate utility charges to Lessee on a fair and equitable basis. Said proration is to be based upon the herein leased office or storage space as expressed in the number of square feet as it applies to the total area of the hangar, less that area designated for the storage of aircraft, common areas, and unimproved areas. 6. Fee Adiustment. It is understood and agreed that the foregoing office rental fee, utility fee, and aircraft storage fee are subject to adjustment on an annual basis in relation to the cost of providing, operating, and maintaining the particular service or facility to include utilities. Such adjustment may be made upon the commencement of a month to month tenancy as herein provided. 7. Security Deposit: Lessee agrees to pay Lessor the sum N/ A cash, money order, or check payable with the first month's rent as security deposit for Lessee's fulfillment of the conditions of this Lease. Security deposit is equivalent to the sum of the hangar storage fee and office rental fee exclusive of utilities. Said security deposit may be deposited by Lessor into an interest bearing account, with all interest being paid to Lessor. The security deposit will be refunded to Lessee within thirty (30) days after the initial 12-month lease is terminated or any month to month tenancy thereafter, provided the following conditions are met: a. Original Lease term has expired and Lease has been terminated; and, b. All monies due Lessor have been paid by Lessee in full; and, c. Lessee is not in default under any of the conditions set forth in this Lease. 8. Use of Premises: AUGUSTA REGIONAL AIRPORT A;r BUSH FIELD HANGAR, RAMP, AND/OR OFFICE SPACE LEASE Page 3 a. Lessee shall use the Premises herein leased only for the purpose of aircraft storage and offices as established by the applicable Minimum Standards for Aeronautical Activities at Augusta Regional Airport. Lessee's occupancy and use of the Premises herein leased shall at all times be conducted in such a manner as will not create a hazard or limit the use of the Airport by others. b. No major or minor maintenance work may be preformed on Lessee's aircraft on or about the herein Leased Premises. c. Preventive maintenance, routine aircraft servicing, and minor repairs to make aircraft airworthy and/or to ferry to a maintenance facility may be performed within the Leased Premises. Lessee hereby agrees to maintain at all times at Lessee's expense, insurance, in addition to that specified in paragraph 16 below, for all liability for bodily injury or death to personnel in or about the facility and/or property damage to the facility and/or other aircraft stored in or about the Leased Premises resulting from Lessee's preventive maintenance, routine aircraft servicing, or minor repair activities. d. Lessee agrees to furnish an annual certificate of insurance to Lessor. e. This Agreement does not authorize the conduct of a Commercial Operator as regulated under FAR Part 135 providing services to others on the Leased Premises by Lessee or other persons. 9. Office Space: When leasing office space, Lessee accepts the herein above described office space in its present condition and agrees to maintain the Premises in a comparable condition as existed at the time of the execution of this Lease. Lessee shall not, without prior written consent of Lessor, make any additions, alterations, changes, or improvements, structural or otherwise, in or upon any part of the Premises except interior wall decor. Lessee shall not attach or cause to be attached any signs, pictures, posters, or other notices to any exterior walls or entrances to Lessee's office space without prior written approval of the Lessor. 10. Inspection by Lessor. Lessor, its authorized officers, employees, agents or representatives shall have the right to enter upon the premises to make inspections during regular business hours when a representative of the Lessee is present, or at any time in case of emergency and/or to determine whether Lessee has complied with and is complying with the terms and conditions of this agreement; provided, however, that said inspection shall in no event unduly disrupt or interfere with the operation of the Lessee. 11. Taxes: Lessee shall pay all personal property taxes legally assessed against its equipment, furniture or other personal property located on the Premises. 12. Title to Equipment and Improvements. It is mutually understood and agreed that title to the Leased Premises, and all the buildings and structures and all other improvements of a permanent character that may be built upon the Leased Premises by the Lessee during the term of this Agreement pursuant to the approval and consent of AUGUSTA REGIONAL AIRPORT Al' BUSH FIELD HANGAR, RAMP, AND/OR OFFICE SPACE LEASE Page 4 Lessor shall remain the property of the Lessor and that fee simple title to the same shall be vested in Lessor. Equipment, furnishings and trade equipment shall remain the property of the Lessee and shall be removed no later than the expiration of the term or any renewal. Lessee shall repair and restore or reimburse Lessee to repair and restore any damage to the Leased Premises occasioned by such removal. If at the expiration of said lease, such equipment, furnishings and trade equipment have not been removed from the Leased Premises, same shall become the property of Lessor. 13. Aviation Fuels: It is understood and agreed by the parties hereto that Lessor has reserved unto itself exclusive control of the storage, sale and dispensing of all oil and aviation gasolines, kerosene, jet fuel or any other fuels now available, or that may become available during the term on this Lease, on or about Augusta Regional Airport including, but not limited to, the Premises herein leased. In addition, no oil, aviation gasoline, automobile gasoline, kerosene, jet fuel, shall be stored or brought upon the Leased Premises for use or resale by Lessee or its customers, guests or patrons, other than fuels and oils purchased from Lessor for Lessee's sole use. 14. Assignment and Subleasing: Lessee shall not assign this Lease or any interest hereunder or peI111it the use of the Premises by any other person or persons other than Lessee. Upon any attempt to assign or sublease to the premises, Lessor may immediately teI111inate this Agreement. 15. Rules and Regulations: a. Lessee shall use the Premises and the facilities of the Airport in accordance with published Airport rules and regulations. Said rules and regulations may be examined by Lessee at the office of Augusta Regional Airport Aviation Services. b. Lessee specifically agrees that its operations shall be conducted in compliance with all federal, state, and local environmental laws, rules, and regulations and agrees to indemnify and hold harmless Lessor and including without limitation, members of the Augusta-Richmond County Commission, members of Augusta's Aviation Commission and the officers, employees and agents of each, harmless from and against all liabilities, losses, suits, claims, demands, judgments, fines, damages, costs and expenses (including all costs for investigation and defense thereof, including but not limited to court costs, expert fees and reasonable attorneys' fees) which may be incurred by, charged to or recovered from the foregoing (i) by reason or on account of damages to or destruction of the property of Lessor, or any property of, injury to or death of any person, resulting from or arising out of Lessee's use of the premises, or (ii) arising out of the failure of Lessee to keep, observe or perform any of the agreements or conditions of this Agreement. Lessee will refer to Lessor promptly upon notice thereof, any claim made or suit instituted against it which, in any way, affects Lessor or its insurer, and Lessor or its insurer shall have the right to compromise and defend the same to the extent of its interests, with all cost to be born by Lessee. 16. Insurance: AUGUSTA REGIONAL AIRPQRT AT BUSH FIELD HANGAR, RAMP, AND/OR OFFICE SPACE LEASE Page 5 a. Lessee hereby agrees to maintain at all times at Lessee's expense, comprehensive general public liability insurance coverage for claims against bodily injury, death and/or property damage occurring in connection with the use and occupancy of the leased premises with limits of coverage of not less than $1,000,000 per occurrence. Lessee hereby agrees to also maintain at all times at Lessee's expense, Worker's Compensation coverage as mandated by State Law. Coverage should be no less than Worker's Compensation Statutory limits with Employer's Liability of $1,000,000. All policies including insurance coverage required to be maintained by Lessee hereunder shall list Lessor, the Augusta-Richmond County Commission, Lessee, and their officers, agents, members, employees, and successors, as named insured, as their interest may appear and shall be issued by an insurance carrier or carriers, licensed to do business in the State of Georgia and reasonably satisfactory to Lessor. All such policies shall provide that no act or omission of Lessee or agents, servants, or employees shall in any way invalidate any insurance coverage or the other named insured. No insurance policy providing any insurance coverage required to be provided by Lessee hereunder shall be cancelable without at least thirty- (30) days advance written notice to Lessor. Lessee, thereof shall provide all insurance policies required hereunder, or duplicate copies, to Lessor. Lessee shall pay the cost of premiums for all policies of insurance required by this lease agreement. b. Lessee agrees to furnish an annual certificate of insurance to Lessor. c. Lessee agrees to indemnify and hold harmless Lessor from any and all claims in any way related to or arising out of any failure of Lessee to perform its obligations here under or related to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in, on or about the leased premises during the period from the date of this agreement to the end of this lease term including reasonable attorney's fees and expenses of litigation incurred by Lessor in connection therewith. 17. Open Records. The Lessee acknowledges that all records relating to this Agreement and the services to be provided under this Agreement may be a public record subject to Georgia's Open Records Act (O.e.G.A. ~ 50-18-70, et seq.). Lessee shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. Lessee shall notify Lessor immediately of any request made under the Open Records Act and shall furnish Lessor with a copy of the request and the response to such request. 18. Governing Law. This Agreement shall be governed and interpreted by the laws of the State of Georgia. 19. Venue. All claims, disputes and other matters in question between the Lessor and the Lessee arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Lessee, by executing . . AUGUSTA REGIONAL AIRP9RT.A~ BUSH FIELD HANGAR, RAMP, AND/OR OFFICE SPACE LEASE Page 6 this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 20. Entire Agreement: This Lease contains the entire agreement of the parties and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of either party to exercise any power given it hereunder, or to insist upon strict compliance by either party of any obligations hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. This Agreement may only be Amended upon writing signed by both parties. 21. Breach: Upon the failure of Lessee to observe or comply with any of the provisions of this Agreement, Lessor may immediately terminate this Agreement and institute such actions necessary to recover the property and evict Lessee. IN WITNESS WHEREOF, the parties hereof have caused this Agreement to be executed as of the day and year first above written. Augusta Georgia DBA Augusta Regional Airport Lessor McAir Aviation Services. Inc. Lessee Bob Young Printed Name Si~atu~r- 6 James P. McMakin P inted Name ~I ~ G ,. Mavor Title President and Chief Flight Instructor Title e::2/ F.eJ,- 200 S Date J e ----. tr'/f-~ d-P eS- Date .' ~,"-'~ .~~~~-~ 'j;.~,~, Attestefr.To~' ," - -,," 6"'- ~..,. ~~b ..... -' , . <c~ ,- 2/ r- -I'~' ZLJCJ ,c;-- Date ;:.::.. ; ,