HomeMy WebLinkAboutAIRMED INC LEASE AGREEMENT AUGUSTA REGIONAL AIRPORT AT BUSH FIELD HANGAR,RAMP, AND/OR OFFICE SPACE LEASE � �,► e ,
AUGUSTA REGIONAL AIRPORT AT B F�ELD
i ! HANGAR, RAMP, AND/OR OFFICE SPACE LEAS`E
State of Georgia )
)
County of Richmond )
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this October 1, 2011, by and
between, AUGUSTA GEORGIA, a subdivision of the State of Georgia, for the Augusta
Regional Airport and acting through the AUGUSTA AVIATION COMMISSION whose
address is Augusta Regional Airport at Bush Field, (the Airport) 1501 Aviation Way,
Augusta, Georgia 30906-9620, hereinafter called "Lessor", and AIRMED, INC, whose
address is 4328 Wheeler Road Augusta, GA 30907, hereinafter called "Lessee".
WHEREAS, Lessee is desirous of leasing a portion of the Premises for
commercial aviation purposes; and
WHEREAS, Lessor desires to lease the Premises (as hereinafter defined) to
Lessee for the purposes set forth herein.
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. Leased Premises. Lessor does hereby lease and Lessee, for its exclusive use, does
hereby lease from Lessor:
a. 2,113.72 sq feet office space identified as Hangar One Suites A, B, C, D, E, F,
J, and J-1.
b. 8,850 sq ft aircraft storage space identified as the southern half of Hangar One
storage bay, for storing the following Designated Aircraft.
1) One (1) Beechcraft B200 (N771 MG) type aircraft
2) One (1) Beechcraft F90 (N581RJ) type aircraft
3) One (1) Agusta A 109E (N911 AM) type aircraft, and
4) One (1) Agusta A 109C (N 171 JS) type aircraft.
Hangar One is a common use hangar that is also occupied by other Airport
tenants. Lessee's activities in Hangar One shall not interfere with other
tenants' use of their office(s) and aircraft storage area(s).
2. Term. The term of this Lease shall be for a period of five (5) years commencing on
the above date. This Lease shall create a usufruct only and not an estate for years.
a. Either party may terminate this Lease upon giving ninety (90) days written
notice of the intent to cancel.
b. Lessee and Lessor shall agree not later than ninety (90) days prior to
termination of Lease to terminate or to renew Lease.
3. Rental. As rental for the Premises, Lessee agrees to pay Lessor monthly the sum of:
$2,920.50 Aircraft storage Hangar One,
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$1,225.96 Office rent, Hangar One Suites A, B, C, D, E, F, J, and J-1
and
$782.08 Utilities, Hangar One Suites A, B, C, D, E, F, J, and J-1
$4,928.54 Total per month
Rental fees are 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. Security Deposit. Lessee agrees to pay Lessor security deposit of 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 lease is terminated, 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.
5. 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.
6. Utilities. When applicable, 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
storage of aircraft, common areas, and unimproved areas.
7. Fee Adjustment. It is understood and agreed that the foregoing office rental fee,
utility fee, and aircraft storage fee are subject to annual adjustment. Such
adjustment may be made annually upon agreement effective date.
8. Use of Premises
a. Lessee shall use Leased Premises to consolidate commercial medical transport
flight operations in the Augusta area. AirMed operates twenty four hours a
day/ seven days per week 24/7 under FAR Part 135 rules and regulations.
b. Lessee shall use the Premises herein leased only for the purpose of storing,
dispatching, making minor repairs (as defined herein) and receiving the
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Designated Aircraft while they are owned and under the direct control of the
Lessee and used for providing service to the Lessee, its affiliates and guests 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 not to create
a hazard or limit the use of the Airport by others.
c. No major or minor maintenance work may be performed on Lessee's aircraft
on or about the herein Leased Premises.
d. 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 (see insurance requirements below). Use of the
Premises for the performance of any maintenance is conditioned on Lessee
keeping the Premises clean and free of grease, oil, rags, paper, and other
debris.
e. In connection with the exercise of its rights under this Lease, Lessee shall not:
1) Do or permit its agents, employees, directors, or officers to do anything
on or about the Airport that may interfere with the effectiveness or
accessibility of the drainage and sewage system, electrical system, air
conditioning system, fire protection system, sprinkler system, alarm
system, and fire hydrants and hoses, if any, installed or located on or
within the premises of the Airport.
2) Bring, keep or store, at any time, flammable or combustible liquids on
the premises, except in storage containers especially constructed for
such purposes in accordance with federal, state, and county laws,
including the Uniform Fire Code and the Uniform Building Code. For
the purposes of this Lease, flammable or combustible liquids shall have
the same definitions as set forth in the most recent Uniform Fire Code.
£ At all times throughout the term of this Lease, as may be extended, Lessee's
use of the Premises shall be in compliance with all applicable rules,
regulations and laws of the United States of America, including, by way of
example only, the rules of the Federal Aviation Administration, the State of
Georgia, all local authorities having proper jurisdiction over the Premises and
Lessor.
g. It is understood and agreed that should Lessor, or the Federal Aviation
Administration ("FAA") determine that a portion of the Premises is not being
used by Lessee to fulfill a legitimate aviation need, and Lessee is unwilling or
unable within twelve (12) months from date of written notification to use the
Premises or portion of the Premises for an aviation need, then Lessee shall
relinquish immediately the Premises or the unused portion of the Premises to
Lessor with no remuneration.
h. Requirements of the United States. This Lease shall be subject and
subordinate to the provisions of any existing or future agreement between
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Lessor and the United States, or any agency thereof, relative to the operation
or maintenance of the Airport, the execution of which has been or may be
required as a condition precedent to the expenditure of federal funds for the
development or operation of the Airport; provided, however, that Lessor shall,
to the extent permitted by law, use its best efforts to cause any such
agreements to include provisions protecting and preserving the rights of
Lessee in and to the Premises, and to compensation for the taking thereof,
interference therewith and damage thereto, caused by such agreement or by
actions of Lessor or the United States pursuant thereto.
i. Failure by Lessee to comply with any of the terms and conditions of this
Lease shall constitute an Event of Default (as hereinafter defined).
9. Aviation Fuels
a. Except as defined in Airport Rules and Regulations, 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 gasoline,
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.
b. In addition, except as defined in Airport Rules and Regulations no oil,
aviation gasoline, automobile gasoline, kerosene or 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.
10. Storage and Sale of Aviation Fuel.
a. Lessee must obtain Lessor's Self-fueling permit before obtaining fuel from
any source other than Lessor.
b. Fuel Supply.
1) Aviation Fuel shall normally be obtained from Lessor's fuel supply.
Lessee will notify Lessor when fuel is required.
2) For fuel supplies obtained from any source other than the Lessor's
supply, Lessee will provide Lessor a copy of the transaction bill of
lading and invoice for each purchase.
c. Flowage Fees. All deliveries of aviation fuels into Lessee's fuel storage
container, into Lessee's aircraft or brought onto Airport shall be subject
Lessor's Flowage Fees, according to the following schedule:
1) Lessee Procured Fuel. Flowage fee of $0.50 per gallon.
2) Lessor Provided Fuel. Flowage fees as follows:
(a) Lessor's cost plus $0.90 per gallon through June 30, 2016.
(b) Lessor's cost plus $1.00 per gallon after June 30, 2016.
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d. Fuel Container Storage.
1) Lessee's fuel container shall be stored in the Airport's fuel storage area,
in Lessee's dedicated storage area, or as defined in the Self-fueling
permit. Fuel container storage in other than the Airport's fuel storage
area shall be approved by the Lessor and shall meet Lessor's and
Environmental Protection Agency's rules and regulations for fuel
storage.
2) Lessee's fuel storage container shall meet all requirements as identified
in the Lessor's self-fueling permitting process.
11. Landing Fees. Lessee shall pay aircraft landing fees. Lessee will report monthly
the number of landings by type aircraft to Lessor not later than ten (10) business
days following the end of the month in which landing occurred. Landing fees are
based on current rate per 1,000 pounds maximum allowable gross landing weight
per aircraft landing. In addition, Lessee will report maximum allowable gross
landing weight for each type aircraft.
12. Automobiles and Other Motor Vehicles.
a. Lessee or its invitees or licensees may park motor vehicles free of charge on a
first come basis to the extent of what is available on site west of Hangar 1
along Hangar Road.
b. Motor vehicles may not be parked within the Hangar One aircraft storage bay.
c. Lessee's vehicle operators that are properly badged may operate motor
vehicles that are properly equipped, identified, and insured inside the fenced
area after completing required Hangar Tenant Badge and SIDA training ramp
driver training.
13. Office Space.
a. When leasing office space, Lessee accepts the herein above described office
space in its present condition "as is" and agrees to maintain the Premises in a
comparable condition as existed at the time of the execution of this Lease.
b. 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.
c. 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.
d. Lessee acknowledges that Lessee has been afforded the opportunity to inspect
the Premises prior to the execution of this Lease for the purpose of insuring
that the Premises is suitable for Lessee's intended purposes and is free from
any material defects that would render the Premises unacceptable to Lessee.
Lessee's execution of this Lease is based solely upon Lessee's independent
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evaluation of the Premises and is not in any way reliant upon any
representation or statement made by Lessor.
14. Maintenance of Premises.
a. Lessee acknowledges and agrees that throughout the Initial Lease Term and
any extension, it shall be Lessee's responsibility to keep and maintain the
Premises and every part or portion thereof neat and clean, in good order, and
in compliance with all applicable rules, regulations and laws of the United
States of America, the State of Georgia, the Lessor and all local authorities
having proper jurisdiction over the Premises and Lessor.
b. Lessee shall be liable for any and all damage to the Premises caused by
Lessee, its employees, agents, licensees, guests, or invitees. Any damage to
the Premises caused by or resulting from any act or omission of Lessee, its
employees, agents, licensees, guests, or invitees, including, by way of
example, any failure to comply with the provisions of this Lease, or any
commission of negligence on the part of Lessee or any of its employees,
agents, licensees, guests, or invitees, shall be remedied by Lessee at its sole
cost and expense.
15. Janitorial Services. Lessee agrees to keep the facility in clean orderly condition and
will be responsible for janitorial services.
16. Securi .
a. Lessee is responsible for safely securing all Aircraft stored in or about the
Premises, in compliance with all applicable rules, regulations and laws of the
United States of America, including the rules of the Federal Aviation
Administration, the State of Georgia, the Lessor, and all local authorities
having proper jurisdiction over the Premises.
b. Lessee acknowledges that the Premises does not have manned security, and
does hereby indemnify and hold harmless Lessor for any damage or theft of
Lessee's Designated Aircraft or other property located in the Premises unless
such damage is directly due to the gross negligence of Lessor.
c. Storage by Lessee of Lessee's personal property or the personal property of
any of Lessee's employees, agents, licensees, guests, or invitees, in or about
the Premises shall be done at Lessee's sole risk and Lessor shall not be
responsible in any way for any damage to, or any loss of any such personal
property stored in or about the Premises.
17. Movement of Aircraft.
a. Except as otherwise stated herein, throughout the Lease term, Lessee shall be
solely responsible for the movement of its Aircraft into and out of the
Premises, as well as all other movement of its Aircraft upon the Premises (the
"Aircraft Movement"), and at no time shall Lessor be under any obligation to
assist Lessee in any Aircraft Movement or undertake any Aircraft Movement
on Lessee's behalf.
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b. At any time during the Lease Term, Lessee may request that Lessor either
assist Lessee in Aircraft Movement or undertake Aircraft Movement on
Lessee's behalf. In the event that Lessor shall elect to participate in any way
in any Aircraft Movement for the benefit of Lessee, Lessee shall be present
during such Aircraft Movement and Lessee assumes complete liability for
damage to any Aircraft occurring as a result of Lessor's movement of such
Aircraft and agrees to hold Lessor and its directors, officers, employees and
agents harmless for any damage to any of Lessee's Aircraft occurring as a
result of Lessor's movement thereof pursuant to this paragraph.
c. In the event that Lessor determines that any of Lessee's Aircraft need to be
moved from any part of the Premises for any reason other than the occurrence
of an emergency situation, Lessor shall provide Lessee with notice and Lessee
shall immediately move the Aircraft identified in such notice (the "Identified
Aircraft"). In the event that Lessee either refuses to move the Identified
Aircraft or fails to immediately undertake to move the Identified Aircraft, then
Lessor shall have the right to move the Identified Aircraft.
d. In the event of the occurrence of an emergency situation, Lessor, without
notice to Lessee, may undertake to move any of Lessee's Aircraft, and,
excepting damage caused by Lessor's gross negligence, Lessee agrees to hold
Lessor and its directors, officers, employees and agents harmless for any
damage to any of Lessee's Aircraft occurring as a result of Lessor's
movement thereof pursuant to this paragraph.
e. Lessor may require the Lessee or may undertake to move any Designated
Aircraft or Additional Aircraft immediately upon determination of Lessor in
their sole discretion that the Aircraft pose a disruption to operations.
£ Lessee will never move an aircraft so that any portion of aircraft passes over
or under the aircraft of another tenant in Hangar One. Lessee will at all times
mainta.in positive horizontal and vertical separation between Lessee's aircraft
and other Hangar One tenant's aircraft.
18. 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 Lease; provided,
however, that said inspection shall in no event unduly disrupt or interfere with the
operation of the Lessee.
19. 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 Lease pursuant to the approval and consent of
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
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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.
20. Restricted Area Access.
a. Definitions.
(1) Airport Operations Area (AOA) is defined as any area of an airport used
or intended to be used for landing, takeoff, or surface maneuvering of
aircraft. AOA includes such paved areas or unpaved areas that are used or
intended to be used for the unobstructed movement of aircraft in addition
to its associated runway, taxiways, or apron.
(2) Airfield Area is defined as the areas at the Airport used for taxiing,
landing, taking off, handling, servicing, loading and unloading aircraft,
including clear zones, runways, ta�ciways, ramps, aprons, roadways, and
all areas incident thereto.
(3) Restricted Area is defined as any area of the Airport not open to the
general public. The area open to the public includes the public roads and
sidewalks, the terminal lobby, restrooms, and places for public gathering,
waiting, and viewing. Restricted areas include AOAs and airfield areas.
Access to Restricted Areas is controlled. Personnel accessing restricted
areas must be authorized as described below.
b. Personnel Requirements.
1) Lessee employees are required to obtain a Lessor's Airport-issued
Hangar Tenant Badge prior to operating unescorted in the AOA i.e.,
restricted area.
2) Lessee employees that will be operating a vehicle unescorted within the
AOA must obtain a Lessor's issued Hangar Tenant Badge and complete
Lessor's Airport's Special Identification Area (SIDA) driving training
classes prior to operating a vehicle unescorted in the AOA i.e., restricted
area.
3) Lessee employees will comply with provisions of the Lessor's Ground
Vehicle Operations and Operating Rules and Regulations.
4) Lessee and its employees shall maintain the necessary licenses for the
operation of its vehicles at all times.
c. Vehicle Requirements.
1) Lessee's vehicles must have proper registration in the state of Georgia.
2) Lessee's vehicles must have insurance as described herein.
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3) Lessee's vehicles must have a Lessor-approved company sign/placard
conspicuously located on each side.
4) Lessee's vehicles must be in sound mechanical condition with
unobstructed forward and side vision from the driver's seat.
5) Lessee's vehicles must have operable headlamps and brake lights.
6) Lessee's vehicles must be equipped with operating amber rotating
beacon or equivalent mounted on top of vehicle.
21. Han�ar Tenant Bad�e.
a. Since Lessee and its employees are required to operate unescorted in the
secure AOA, they are required to obtain an Airport's Hangar Tenant Badge
prior to operating unescorted in the AOA.
b. Lessee will ensure that all persons performing operations in the AOA and
associated with Lessee's activities shall be properly badged or escorted.
Lessee's badged employees are required to escort their own passengers and
other unbadged personnel at all times while inside the AOA.
c. Hangar Tenant Badge authorizes the bearer unescorted access to and transit
between the footprint of Hangar One, aircraft, and fixed base operator (FBO)
only. The Hangar Tenant Badge does not authorize the individual to operate a
vehicle in the AOA.
d. To qualify for a Badge, each individual must satisfy and complete
Transportation Security Administration (TSA) background investigations and
badge training consistent with TSA and Federal Aviation Administration
(FAA) regulations. This may include collection of appropriate criminal
history information, contractual and business associations and practices,
employment histories, and reputation in the business community. Lessee
consents to such inquiries and agrees to make available to the Lessor such
information in its possession that the Lessor deems necessary to conduct the
review.
e. Lessee will pay cost(s) associated with the badging process, i.e. background
checks, training, etc.
f. Lessee's failure to comply with all Badge procedures shall be considered a
violation of this Lease requiring prompt correction to the satisfaction of the
Lessor. Lessee's failure to promptly correct any violations is considered in
default.
22. Airport's Special Identification Area (SIDA) drivin� training classes.
a. Since Lessee and employees are required to operate vehicles unescorted in the
secure AOA, they are required to obtain a Lessor's Hangar Tenant Badge and
to complete Lessor's SIDA driving training classes prior to operating a
vehicle unescorted in the AOA.
b. Lessee will ensure that all persons operating a vehicle in the AOA and
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associated with Lessee's activities have completed required training or they
are escorted. Lessees badged and SIDA trained employees are required to
operate or to escort their own vehicles at all times while inside the AOA.
c. Lessee vehicle(s) operating in the AOA must be properly insured for ramp
operations in accordance with Airport rules and regulations prior to operating
a vehicle with in the AOA.
d. Lessee vehicle(s) operating in the AOA must be properly configured for ramp
operations in accordance with Airport rules and regulations prior to operating
a vehicle with in the AOA.
e. Lessee will pay cost associated with providing training.
f. Lessee's failure to comply with all vehicle operating procedures shall be
considered a violation of this Lease requiring prompt correction to the
satisfaction of the Lessor. Lessee's failure to promptly correct any violations
is considered in default.
23. Ta�ces. Lessee shall pay all personal property taxes legally assessed against its
equipment, furniture or other personal property located on the Premises.
24. Assignment and Subleasin�. Lessee shall not assign this Lease or any interest
hereunder or permit 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 terminate this Lease.
25. Appurtenant Privile�
a. To the extent such right is within the control of Lessor, Lessee shall have the
right, in common with others so authorized by Lessor, to make use of the
parking areas, appurtenances and improvements of the Premises and the
Airport; the right of ingress to and egress from the Premises; and the right to
make use of the common areas of the Airport, including, by example,
runways, t�iways, aprons, roadways, and other conveniences for the take-off,
flying and landing of aircraft, such rights to extend also to Lessee's
employees, agents, licensees, guests, or invitees. Any exercise by Lessee of
any the rights granted pursuant to this paragraph shall be subject to all
applicable rules and regulations of Lessor. Lessor reserves the right in their
sole discretion to modify, alter, reduce or redesign all or any part of such
common areas.
b. Lessee recognizes that it is necessary for the Airport and/or the FAA to
occasionally close the runway(s) with or without advance notice. Lessor shall
not be liable to Lessee in any manner whatsoever for any damages alleged or
actual to person or property related in any way to runway closures.
26. 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
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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.
c. Lessee's use of the Premises shall comply with all applicable rules,
regulations and laws, including 14 CFR Part 298, of the United States of
America, including the rules of the Federal Aviation Administration, the State
of Georgia, all local authorities having proper jurisdiction over the Premises,
and Lessor.
d. In connection with the exercise of its rights under this Lease, Lessee shall not:
1) Do or permit its agents, employees, directors, or officers to do any act or
thing upon the Airport that will invalidate or conflict with any fire or
other casualty insurance policies covering the Airport or any part
thereof.
2) Do or permit its agents, employees, directors, or officers to do any act or
thing upon the Airport that will jeopardize the Airport's Operating
Certificate.
3) Do or permit its agents, employees, directors, or officers to do any act or
thing in conflict with the Airport's Security Plan.
4) Use the Premises for any illegal purposes, nor in violation of Federal
Aviation Administration (FAA), Transportation Security Administration
(TSA) and/or the Airport's rules or regulations, as amended from time to
time, or any regulation of any other governmental entity.
5) Use the Premises in any manner that will create any nuisance or trespass
with respect to other tenants; constitute any unreasonable annoyances,
obstruction or interference with operations; or in any manner interfere
with, obstruct, block or violate in any manner, the navigable airspace
above the Airport in compliance with 14 C.F.R. § 77.5 and/or other
regulations as implemented by the Airport, the FAA or as may be
implemented by the TSA.
6) Cause or permit any hazardous materials to be placed, stored, generated,
used, released, or disposed of in, on, under, about, or transported from
any Airport premises by Lessee, its agents, employees, contractors, or
other person unless it has complied with the following: with respect to
hazardous materials other than oil, petroleum products, cleaning
products, andlor flammable substances reasonably necessary in
connection with Lessee's aeronautical activities, the prior written
consent of the Airport Director shall be required, which shall not be
withheld unreasonably. The Aviation Commission may impose,
however, as a condition of such consent, such requirements as the
Aviation Commission in its sole discretion may deem reasonable or.
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desirable, including, without limiting the generality of the foregoing,
requirements as to the manner in which, the time at which, and the
contractor by whom such work shall be done, and Lessee must comply
with all environmental laws and regulations (including compliance with
all Environmental Protection Agency requirements concerning clean-up)
and with prudent business practices, with respect to such hazardous
materials, and the presence of hazardous materials must be reasonably
necessary for the operation of Lessee's business.
27. Insurance.
a. General Information. Lessee agrees to carry and maintain in force at all times
during the Lease Term, at Lessee's sole expense, the insurance described in
herein below for itself.
b. Lessor reserves the right to amend the insurance requirements imposed by this
Lease at any time, provided that any such amendment is not unreasonable.
1) Lessee understands and agrees that the minimum limits of the insurance
required herein may become inadequate during the Lease Term and that,
if it in any way, directly or indirectly, contingently or otherwise, affects
or might affect the Airport or Augusta-Richmond County, as determined
in the sole but reasonable discretion of the Airport Director, Lessee will
increase such minimum limits by reasonable amounts on written request
of the Airport Director, with the concurrence of the Augusta-Richmond
County Risk Manager. No such amendment shall reduce the coverage
amounts lower than as stated in this Lease.
2) Within (30) days of the publication by Lessor of any such modifications
to the foregoing insurance requirements, Lessee shall deliver to Lessor
insurance certificates certifying compliance with such modified
coverage(s).
3) No written amendment of this Lease shall be required to effectuate said
increases in minimum limits.
c. Lessee's insurance company must agree to the hold harmless indemnification
provision of this Lease.
d. All insurance required hereunder shall be by companies holding a"General
Policyholders Rating" of A++ or better as set forth in the most current issue of
"Best's Insurance Guide" and shall be issued a company licensed, qualified
and authorized to transact business in the State of Georgia.
e. Any self-insured retention or deductible on any insurance coverage required
shall be declared by the Lessee and approved by the Lessor.
f. Lessee is required and responsible to ensure that any leases or subcontractors,
including any third party ambulance carrier, maintain same coverage as
outlined above, or be covered by the Lessee's coverage, subject to prior
approval of the Lessor.
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� � HANGAR, RAMP, AND/OR OFFICE SPACE LEASE
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g. Lessee acknowledges that Lessor is not responsible for any of Lessee's
insurance premiums.
h. The insurance policies for coverage listed in this section shall contain a
provision that written notice of cancellation or any material change in policy
by the insurer shall be delivered to the Lessor no less than thirty (30) days
prior to cancellation or change.
i. Proof of Insurance. Lessee shall provide Lessor with an annual Certificate of
Insurance on all required insurance within 10 days upon the effective date of
this Lease and annually upon the effective date thereafter. Lessor reserves
the right to require complete, certified copies of all required insurance policies
at any time.
j. Lessee shall obtain and maintain continuously in effect, at all times during the
term of this Lease, at Lessee's sole expense, the following insurance:
1) Comprehensive Aircraft Liabilitv Insurance. Comprehensive Aircraft
Liability insurance ( including liability for bodily injury and property
damage, passenger liability, airport premises liability, personal injury
liability and contractual liability), combined single limit of liability of
not less than $5,000,000. Coverage shall include bodily injury or death
to person's 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. The foregoing insurance shall be endorsed to
state that it will be primary to Lessor's insurance and that the Lessee
waives its right of subrogation against Augusta-Richmond County, the
Aviation Commission, the Airport, and their officers, agents, elected and
appointed officials, representatives, volunteers, and employees. The
Aviation Commission and Augusta-Richmond County, and their
officers, agents, elected and appointed officials shall be added as
additional insureds on said policies. Said policy shall contain
Severability of Interest Clause and Contractual Liability coverage
2) General Liability Insurance. General liability insurance with a
combined single limit of not less than $5,000,000 covering Lessee's
operations off-airport premises. The foregoing insurance shall be
endorsed to state that it will be primary to Lessor's insurance and that
the Lessee waives its right of subrogation against the Aviation
Commission, Augusta-Richmond County, and their officers, agents,
elected and appointed officials, representatives, volunteers, and
employees. The Aviation Commission, Augusta-Richmond County and
their officers, agents, elected and appointed officials shall be added as
additional insureds on said policies. Said policy shall contain
Severability of Interest Clause and Contractual Liability coverage at
least as broad as that given in the most current CG 00 O1 ISO form.
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� , HANGAR, RAMP, AND/OR OFFICE SPACE LEASE
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3) Workers' Compensation Insurance. Workers' Compensation insurance
with statutory limits and employers liability with a limit of $1,000,000
for employees and subcontractors entering hangar with limits of liability
of not less than One Million Dollars ($1,000,000.00) for each
accident/disease. Such policy (ies) shall be endorsed to state that the
workers' compensation carrier waives its right of subrogation against the
Aviation Commission, Augusta-Richmond County, and their officers,
agents, elected and appointed officials, representatives, volunteers, and
employees.
4) Automobile Liabilitv Insurance. Automobile liability insurance with a
combined single limit of not less than $1,000,000 covering Lessee's
automobiles while on and off airport premises. Policy must be written on
a Symbol 1 basis. However, if it is determined that Lessee's
automobiles are used on the ramp or SIDA; Lessee shall provide
Automobile Liability with a combined single limit of not less than
$5,000,000. The foregoing insurance shall be endorsed to state that it
will be primary to Lessor's insurance and that the carrier waives its right
of subrogation against the Aviation Commission and Augusta-Richmond
County, and their officers, agents, elected and appointed officials,
representatives, volunteers, and employees. The Aviation Commission
and Augusta-Richmond County, and their officers, agents, elected and
appointed officials shall be added as additional insureds on said policies.
Said policy shall contain Severability of Interest Clause and Contractual
Liability coverage at least as broad as that given in the most current CA
00 O1 ISO form.
5) Professional Liability Insurance. Professional Liability insurance in the
amount of $3,000,000. The foregoing insurance shall be endorsed to
state and that the carrier waives its right of subrogation against the
Aviation Commission and Augusta-Richmond County, and their
officers, agents, elected and appointed officials, representatives,
volunteers, and employees.
6) Environmental / Pollution Liabilitv Insurance. Environmental /
Pollution Liability Insurance with limits of liability in the amount of not
less than five Million Dollars ($5,000,000.00), including coverage for
fuel storage containers, fuel trucks, pollution from automobiles, third
party pollution liability, remediation coverage, and onsite and offsite
cleanup. The foregoing insurance shall be endorsed to state that it will be
primary non-contributory to Lessor's insurance and that the Lessee
waives its right of subrogation against the Aviation Commission,
Augusta-Richmond County, the Airport, and their officers, agents,
elected and appointed officials, representatives, volunteers, and
employees. The Aviation Commission and Augusta-Richmond County,
and their officers, agents, elected and appointed officials shall be added
as additional insureds on said policy.
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. , HANGAR, RAMP, AND/OR OFFICE SPACE LEASE
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28. Indemnitv
a. Lessee agrees to indemnify and hold harmless the Augusta Richmond Board
of Commissioners and the Augusta Aviation Commission, and their members,
officers, elected officials, agents, servants, employees and successors in office
from any and all claims including reasonable attorney's fees and expenses of
litigation incurred by Airport in connection therewith related to or arising out
of any damage or injury to property or persons, occurring or allegedly
occurring in, on or about Airport property which are in any way related to or
arising out of any failure of Lessee to perform its obligations hereunder during
the period from the date of this Lease to the end of the Lease Term.
b. Lessee further agrees that the foregoing Contract to indemnify and hold
harmless applies to any claims for damage or injury to any individuals
employed or retained by Lessee in connection with any changes, additions,
alterations, modifications and/or improvements made to the Premises, and
hereby releases Lessor from liability in connection with any such claims.
c. Lessee shall keep, defend and hold harmless Lessor, and the Aviation
Commission and their respective agents, employees, directors, officers,
guests, licensees and invitees, from and against any and all claims, demands,
suits, judgments, costs and expenses asserted by any person or persons,
including agents or employees of Lessee, by reason of death or injury to
persons or loss or damage to property, resulting from Lessee's operations and
occupancy of the Premises, or anything done or omitted by Lessee under this
Lease except to the extent that such claims, demands, suits, judgment, costs
and expenses may be directly attributed to any act of negligence on the part of
Lessor or their agents, employees, directors, officers, guests, licensees and
invitees.
29. Hazardous Substances and �ill Prevention Control and Countermeasure Plan
S( pCCI•
a. The term "Hazardous Substance" as used in this Lease shall mean any
product, substance, chemical, material or waste whose presence, nature,
quantity and/or intensity of existence, use, manufacture, disposal,
transportation, spill, release or effect, either by itself or in combination with
other materials expected to be in, on or about the Premises and is either: (i)
potentially injurious to the public health, safety or welfare, the environment,
or the Premises; (ii) regulated or monitored by any governmental authority; or
(iii) a basis for potential liability of Lessor to any governmental agency or
third party under any applicable rule, regulation or law of the United States of
America, the State of Georgia, Lessor, or any local governmental authority
having proper jurisdiction over the Premises.
1) Hazardous Substance shall include, but not be limited to, hydrocarbons,
petroleum, gasoline, diesel fuel, crude oil or any products or by-products
thereof.
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2) Lessee shall not engage in any activity in or about the Premises which
constitutes a Reportable Use (as hereinafter defined) of Hazardous
Substances without the express prior written consent of Lessor and
compliance in a timely manner, at Lessee's sole cost and expense, with
all Applicable Requirements (as hereinafter defined).
3) "Reportable Use" shall mean (i) the installation or use of any above or
below ground storage tank, (ii) the generation, possession, storage, use,
transportation, or disposal of a Hazardous Substance that requires a
permit from, or with respect to which a report, notice, registration or
business plan is required to be filed with any agency or authority of the
government of the United States of America including, by example, the
United States Environmental Protection Agency, or the State of Georgia,
and (iii) the presence in, on or about the Premises of a Hazardous
Substance with respect to which any Applicable Requirements require
that a notice be given to persons entering or occupying the Premises or
neighboring Premises or which if spilled or released would be in
quantities sufficient, in Lessor's determination, to subject Lessor to
liability therefore or cause any damage to or diminution in value of, all
or any part of the Premises.
4) Notwithstanding the foregoing, and subject to any applicable provisions
of this Lease regarding maintenance of the Aircraft, Lessee may, without
Lessor's prior consent, in compliance with all Applicable Requirements,
use any ordinary and customary materials reasonably required to be used
by Lessee in the normal course of storing the Aircraft, in the
performance by Lessee of any maintenance allowable hereunder, and in
the normal course of making any Aircraft ready for an impending flight,
so long as such use is not a Reportable Use and does not expose the
Premises, any neighboring Premises, or the Premises to any meaningful
risk of contamination or damage or expose Lessor to any liability
therefore as determined in Lessor's sole and absolute discretion.
5) In addition, upon receipt from Lessee of all assurances that Lessor, in its
reasonable discretion, deems necessary to protect itself, the public, the
Premises, and the environment against damage, contamination or injury
and/or liability therefore, including but not limited to the installation
and, at Lessor's option, removal on or before the expiration of this
Lease, of reasonably necessary protective modifications to the Premises,
including, by example, concrete encasements, and/or upon Lessee's
depositing as a security such amount as Lessor, in its sole discretion,
deems adequate, Lessor may, but shall be under no obligation to, grant
its consent to a Reportable Use of any Hazardous Substance by Lessee.
b. Lessee shall provide Lessor a United States Environmental Protection Agency
(EPA) approved Spill Prevention, Control and Countermeasure Plan (SPCC)
addressing all Hazardous Substances as defined above.
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� . HANGAR, RAMP, AND/OR OFFICE SPACE LEASE
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c. Lessee shall indemnify, protect, defend and hold Lessor, as well as the elected
officials, directors, officers, employees, agents, shareholders licensees, guests
and invitees thereof, and the holders of any mortgages, deeds of trust or
ground leases on the Premises ("Lenders") harmless from and against any and
all damages, liabilities, judgments, costs, claims, liens, expenses, penalties,
fines, loss of permits and reasonable attorneys' and consultants' fees arising
out of or involving any Hazardous Substance brought into the Premises by or
for Lessee or by any director, officer, employee, agent, shareholder, licensee,
guest, invitee, customer, client, contractor or vendor of Lessee ("Lessee's
Group"). Lessee's obligations under this section shall include (and by
reference to Lessee shall include the acts of any member of the Lessee
Group), by example, the effects of any contamination or injury to person,
property or the environment created or suffered by Lessee, and the cost of
investigation, including consultants' and attorneys' fees, testing, studying,
sampling and testing procedures, removal, remediation, restoration and/or
abatement thereof, or of any contamination therein involved, in accordance
with all applicable rules, regulations and laws of the United States of America,
the State of Georgia, Lessor, or any local governmental authority having
proper jurisdiction over the Premises and to the satisfaction of Lessor. These
indemnification obligations shall survive the expiration or earlier termination
of this Lease. No termination, cancellation or release agreement entered into
by Lessor and Lessee shall release Lessee from its obligations under this
Lease with respect to Hazardous Substances, unless specifically so agreed by
Lessor in writing at the time of such agreement. All of the above
representations and indemnities of this paragraph for damages, liabilities,
judgments, costs, claims, liens, expenses, penalties, fines, loss of permits and
reasonable attorneys' and consultants' fees arising out of or involving any
Hazardous Substance shall equally apply from the Lessor to the Lessee, its
directors, officers, employees, agents, shareholders, licensees, guests and
invitees thereof and the holders of any mortgages, deeds of trust or ground
leases on the Premises ("Lenders") for any Hazardous Substance found to
exist in, on or under the property being leased which are found to exist in, on
or under the leased property as of the execution date of this lease.
d. Lessee shall, at Lessee's sole cost and expense, fully, diligently and in a timely
manner, comply with all "Applicable Requirements", which term is used in
this Lease to mean all laws, statutes, codes, rules, regulations, ordinances,
directives, covenants, easements and restrictions of rule, regulations or
permits of the United States of America, the State of Georgia, Lessor, or any
local governmental authority having proper jurisdiction over the Premises as
well as the requirements of any applicable fire insurance underwriter or rating
bureau, and the written recommendations of Lessor's engineers and/or
consultants provided to Lessee, relating in any manner to the Premises
including, but not limited to, matters pertaining to (i) industrial hygiene, (ii)
environmental conditions on, in, under or about the Premises including soil
and groundwater conditions, and (iii) the use, generation, manufacture,
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AUGUSTA REGIONAL AIRPORT AT BUSI� FIEL�
� , HANGAR, RAMP, AND/OR OFFICE SPACE LEASE
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production, installation, maintenance, removal, transportation, storage, spill,
or release of any Hazardous Substance, now in effect or which may hereafter
come into effect. Lessee shall, within five (5) days after receipt of Lessor's
written request, provide Lessor with copies of all documents and information,
including but not limited to permits, registrations, manifests, applications,
reports and certificates, evidencing Lessee's compliance with any Applicable
Requirements specified by Lessor, and shall immediately upon receipt, notify
Lessor in writing (with copies of any documents involved) of any threatened
or actual claim, notice, warning, complaint or report pertaining to or involving
failure by Lessee or the Premises to comply with any Applicable
Requirements.
e. Lessor's directors, officers, employees, agents, shareholders, licensees, guests,
invitees, contractors and designated representatives, and the Lenders shall
have the right to enter the Premises at any time for the purpose of inspecting
the condition of the Premises and for verifying compliance by Lessee with this
Lease and all Applicable Requirements, and Lessor shall be entitled to employ
experts and/or consultants in connection therewith to advise Lessor with
respect to Lessee's activities, including but not limited to Lessee's installation,
operation, use, monitoring, maintenance, or removal of any Hazardous
Substance on or from the Premises. The costs and expenses of any such
inspections shall be paid by the party requesting same, unless an Event of
Default (as hereinafter defined) or a violation of Applicable Requirements or a
contamination, caused or materially contributed to by Lessee, is found to exist
or to be imminent, or unless the inspection is requested or ordered by a
governmental authority as the result of any such existing or imminent
violation or contamination caused by Lessee (an "Event of Non-
Compliance"). In the case of the occurrence of an Event of Non-Compliance,
Lessee shall, upon request, reimburse Lessor or the Lenders, as applicable, for
all costs and expenses of such inspections. Further, in the event of the
occurrence of an Event of Non-Compliance, Lessor will have the right, but not
the obligation, in addition to all other remedies available at law and in equity,
to enter upon the Premises immediately and take such action as Lessor, as
applicable, in its sole judgment deems appropriate to remediate any actual or
threatened contamination caused by the occurrence of any such Event of Non-
Compliance.
30. Airport Development. Lessee understands and agrees that Lessor is the owner of
the Airport and that, as such, Lessor may, at any time, undertake to further develop
or improve the Airport ("Airport Development"), as it sees fit, including, by way of
example, expanding the landing area of the Airport, regardless of the desires or
views of Lessee, and without interference or hindrance there from. In the event that
any Airport Development shall result in making the Premises unusable for Lessee's
intended purposes, this Lease shall be terminable by Lessor within ten (10) days
notice.
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31. Default. It is understood between the parties hereto that in the event of default by
either of the parties during the term of this Lease agreement, the other party shall
have the right forthwith to give notice thereof to the party in default, same to be in
writing, and if such condition of default is not removed and restored within ten (10)
days after receipt of such notice, then the other party shall forthwith have the option
of declaring this Lease in default and proceed to enforce their rights in accordance
with the law. For purposes of this Section, an"event of default" includes but is not
limited to:
a. Lessee's failure to comply with restricted area access procedures as described
herein.
b. Lessee's failure to make any payment when it becomes due under this Lease,
where such failure continues for ten (10) days after the due date;
c. Lessee's failure to perform, observe and/or comply with any provision of this
Lease, where such failure is not cured within ten (10) days of notice thereof
from Lessor; or
d. Lessee's insolvency or inability to pay its debts as they become due, or
Lessee's making of an assignment for the benefit of creditors, Lessee's
application for or consent to the appointment of a receiver, trustee,
conservator or liquidator of Lessee or of any of its assets, or Lessee's filing of
a petition for relief under any bankruptcy, insolvency, reorganization or
similar laws, or the filing of a petition in, or proceeding under, any
bankruptcy, insolvency, reorganization or similar laws against Lessee, which
is not dismissed or fully stayed within ten (10) days after the filing or
institution thereof.
32. A�reement Termination
a. Lessor may terminate this Lease in the event of a default or failure to comply
with the terms of this Lease, which is not cured as set forth above, entitled
"Default". Lessor and Lessee agree that Lessor may terminate this Lease
either in whole or in part. Termination, in whole or in part, shall be effected
by delivery of a Notice of Termination signed by the Airport Executive
Director specifically setting forth the effective date of termination.
b. Upon receipt of such Notice, described in subparagraph above, Lessee shall
remove all property from the Airport not later than the effective date of
termination and shall leave the premises in good condition, normal wear and
tear excepted.
c. Notwithstanding anything contained herein, either party may terminate this
Lease for any reason whatsoever by giving ninety (90) days written notice to
the other party. In the event said written notice is given, said Lease shall
terminate ninety (90) days from receipt of said written notice by the other
party and neither party shall have any further obligation hereunder to the
other.
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33. Non-Discrimination. Notwithstanding any other provision of this Lease, during the
performance of this Lease, Lessee, for itself, its heirs, personal representatives,
successors in interest and assigns, as part of the consideration of this Lease does
hereby covenant and agree, as a covenant running with the land, that:
a. No person on the grounds of race, color, religion, sex or national origin shall
be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination in the use of the Leased Premises;
b. In the construction of any improvements on, over or under the Leased
Premises, and the furnishing of services therein or thereon, no person on the
grounds of race, color, religion, sex or national origin shall be excluded from
participation in, or denied the benefits of, such activities, or otherwise be
subjected to discrimination.
34. C.F.R. Part 21. Lessee shall use the Premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations
("C.F.R."), Department of Transportation, Subtitle A, Office of the Secretary, Part
21, Nondiscrimination in Federally Assisted Programs of the Department of
Transportation — Effectuation of Title VI of the Civil Rights Act of 1964, and as
said regulations may be amended.
a. In the event of breach of any of the above nondiscrimination covenants,
Lessor shall have the right to terminate this Lease and to reenter and repossess
the Premises and hold the same as if said Lease had never been made or
issued. This provision does not become effective until the procedures of 49
C.F.R. Part 21 have been followed and completed including expiration of
appeal rights.
b. Lessee assures that it will undertake an affirmative action program, as
required by 14 C.F.R. Part 152, Sub-part E, to ensure that no person shall, on
the grounds of race, creed, color, national origin, or sex, be excluded from
participating in any employment, contracting or leasing activities covered in
14 C.F.R. Part 152, Sub-part E. Lessee assures that no person shall be
excluded, on these grounds, from participating in or receiving the services or
benefits of any program or activity covered by Sub-part.
c. Lessee assures that it will required that its covered organizations provide
assurance to the Lessee that they similarly will undertake affirmative action
programs and that they will require assurances from their sub-organizations,
as required by 14 C.F.R. Part 152, Sub-part E, to the same effect.
d. Lessee agrees to comply with any affirmative action plan or steps for equal
employment opportunity required by 14 C.F.R. Part 152, Sub-part E, or by
any federal, state, or local agency or court, including those resulting from a
conciliation agreement, a consent decree, court order, or similar mechanism.
Lessee agrees to obtain a similar assurance from its covered organizations,
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AUGUSTA REGIONAL AIRPORT AT BUSI� FIELD
� ,, HANGAR, RAMP, AND/OR OFFICE SPACE LEASE
Page 21
and to cause them to require a similar assurance of their covered sub-
organizations, as required by 14 C.F.R. Part 152, Sub-part E.
35. Requirements of the United States. This Lease shall be subject and subordinate to
the provisions of any existing or future agreement between Lessor and the United
States, or any agency thereof, relative to the operation or maintenance of the
Airport, the execution of which has been or may be required as a condition
precedent to the expenditure of federal funds for the development or operation of
the Airport; provided, however, that Lessor shall, to the extent permitted by law,
use its best efforts to cause any such agreements to include provisions protecting
and preserving the rights of Lessee in and to the Premises, and to compensation for
the taking thereof, interference therewith and damage thereto, caused by such
agreement or by actions of Lessor or the United States pursuant thereto.
36. Quiet Enjovment, In�ress and E�ress. Lessor covenants and warrants that Lessee,
so long as it shall pay the rentals herein stipulated and shall perform the duties and
obligations herein agreed to be performed by it, shall peaceably and quietly have,
hold and occupy and shall have the exclusive use and enjoyment of the Leased
Premises during the term of this Lease and any extensions thereof. Lessee, its
invitees, guests, customers and employees shall have full right of ingress and egress
to the Leased Premises at all times and without charge, toll or fee.
37. Covenants Bind and Benefit Successors and Assigns. The provisions of this Lease
shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and pertnitted assigns; provided, however, that no one shall
have any benefit or acquire any rights under this Lease pursuant to any conveyance,
transfer, or assignment in violation of any of its provisions.
38. Open Records. The Lessee acknowledges that all records relating to this Lease and
the services to be provided under this Lease may be a public record subject to
Georgia's Open Records Act (O.C.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.
39. Governing Law: This Lease shall be governed and interpreted by the laws of the
State of Georgia.
40. Venue. All claims, disputes and other matters in question between the Lessor and
the Lessee arising out of or relating to the Lease, or the breach thereof, shall be
decided in the Superior Court of Richmond County, Georgia. The Lessee, by
executing this Lease, specifically consents to venue in Richmond County and
waives any right to contest the venue in the Superior Court of Richmond County,
Georgia.
41. 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
� a ':
AUGUSTA REGIONAL AIRPORT AT BUSI�FIEL�
+ � HANGAR, RAMP, AND/OR OFFICE SPACE LEASE
Page 22
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 Lease may only be amended
upon writing signed by both parties.
42. Breach. Upon the failure of Lessee to observe or comply with any of the provisions
of this Lease, Lessor may immediately terminate this Lease and institute such
actions necessary to recover the property and evict Lessee.
43. Notices. All notices, demands, and requests which may or are required to be given
by either Airport or Lessee to the other shall be in writing and shall be deemed to
have been properly given when sent postage pre-paid by registered or certified mail
(with return receipt requested) addressed as follows:
If intended for Lessor: If intended for Lessee:
Augusta Aviation Commission AirMed, Inc
Attn: Executive Director ATTN: Dan Gates
1501 Aviation Way 4328 Wheeler Road
Augusta, GA 30906 Augusta, GA 30907
Either party may change the address and name of addressee to which subsequent
notices are to be sent by notice to the other given as aforesaid.
44. Miscellaneous Provisions
a. No purported or alleged waiver of any of the provisions of this Lease shall be
valid or effective unless in writing signed by the party against whom it is
sought to be enforced.
b. Captions herein are for convenience or reference only and in no way define,
limit or expand the scope or intent of this Lease. Whenever the context hereof
shall so require, the singular shall include the plural, the male gender shall
include the female, and vice versa.
c. Counterparts. This Lease may be executed in two or more counterparts, all of
which together shall constitute but one and the same Lease. In the event that
one or more of the provisions hereof shall be held to be illegal, invalid or
enforceable, such provisions shall be deemed severable and the remaining
provisions hereof shall continue in full force and effect.
d. Nothing contained in this Lease shall be construed to be a waiver of the
County's sovereign immunity.
e. It is specifically agreed between the parties executing this Lease that it is not
intended by any of the provisions of this Lease to create in the public or any
member thereof, third party beneficiary status in connection with the
performance of the obligations herein:
- - - - - -..
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AUGUSTA REGIONAL AIRPORT AT BUSI� FIEL�
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Page 23
f. Nothing contained in this Lease shall be construed to be a waiver of any
individual's qualified good faith immunity.
g. Lessee understands that all operations, uses and occupancy of the Premises
must be in strict compliance with all TSA, FAA, Airport rules and regulations,
grant requirements, rules and regulations, and related provisions for airport
use and operations without restrictions or limitations. Lessee further agrees
that, in the event there is a question of interpretation, it will comply with the
Landlord's interpretation of such requirements, rules, laws and regulations, as
and when notified by the Lessor of its interpretation, time being of the
essence. This provision supersedes any other provision of this Lease which
may be in conflict therewith. Any default by Lessee shall permit the Landlord
to immediately terminate the Lease as a non-exclusive remedy.
h. All leased property shall be maintained in such condition of repair, cleanliness
and general maintenance as shall be acceptable to the Airport.
i. Lessee's refusal to comply with the rules and regulations of the Airport shall,
after written request to do so by the Airport, shall be requested to leave the
Airport.
45. Exhibit. The following exhibit is incorporated by reference as if fully set forth
herein:
Exhibit A Hangar One
(BALANCE OF PAGE LEFT BLANK INTENTIONALLY)
t at� r
AUGUSTA REGIONAL AIRPORT AT BUSH+FrELI�
� . HANGAR, RAMP, AND/OR OFFICE SPACE LEASE
Page 24
IN WITNESS WHEREOF, the parties hereof have caused this Lease to be executed as of
the day and year first above written. �
AUGUSTA AVIATION COMMISSION AIRMED, INC
Lessor Lessee
7ay Forrester Dan Gates
Printed Name Printed Name
�
Signatu Sig t e
Chairman President AirMed, Inc.
Title Title
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Date Date
AUGUSTA, GEORGIA
BY: ��` �-
f�� AS ITS: AY R �
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ATTEST: �' '.��
CLERK F C(,�11tI���LQ�fi���0'> � °�';�
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