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1 CORTLAND COUNTY AIRPORT GEN. LEVI R. CHASE FIELD 922 NYS Route 222 Cortland, NY 13045 INDIVIDUAL DAILY/WEEKLY T-HANGAR SPACE LEASE AGREEMENT This Lease Agreement by and between the County of Cortland, a municipal corporation organized and existing under and by virtue of the laws of the State of New York (hereinafter called Landlord), with principal offices at 60 Central Avenue, Cortland, NY 13045 and of (hereinafter called Tenant), each in consideration of the covenants and agreements to be performed by the other, agree as follows: Landlord is the owner of T-Hangar Buildings constructed and maintained for the purpose of providing individual T-Hangar spaces for aircraft storage (herein called the “T-Hangar space”) located at Cortland County Airport – Gen. Levi R. Chase Field, 922 NYS Route 222, Cortland, NY 13045. Tenant wishes to lease individual T-Hangar for the aircraft listed in section 3 of this agreement, which is owned or leased by the Tenant. 1. TERM OF LEASE: This lease shall be for a term of day(s) or week(s), commencing on at am/pm and terminating on at am/pm subject to the terms, conditions, covenants, and stipulations of this agreement. 2. RENTAL FEE: Tenant agrees to pay the Landlord as rent, for use of the T-Hangar space and facilities, for and during said term hereof, the daily rental rate of for a single engine T-Hanger / for a twin engine T-Hangar or the weekly rental rate of for a single engine T-Hangar / for a twin engine T-Hangar. The rental rate is subject to periodic change by Resolution of the Cortland County Legislature. The Tenant shall pay each such daily/weekly rental payment by check, money order or certified check to the “Cortland County Highway Department,” mailed to Cortland County Airport, 60 Central Avenue, Cortland, NY 13045, if time permits or in person at the time of the rental to the Cortland County Highway Superintendent or Deputy Highway Superintendent. 3. AIRCRAFT TO BE STORED IN T-HANGAR: Tenant covenants the he/she is the owner of the following identified aircraft which has been properly certificated, registered and licensed by the Federal Aviation Administration (1 copy of this information/certificate to be furnished at signing of this lease agreement for Landlord files): AIRCRAFT MFR. MODEL N-NUMBER COLOR ---PAGE BREAK--- 2 Tenant covenants and agrees that the leased T-Hangar shall be used only for the above referenced aircraft. Tenant agrees that the T-Hangar space shall be used for storage of the aircraft described above and in an airworthy condition only, with current annual inspection reflected in Tenant’s aircraft logbooks, and Tenant shall supply a copy of logbook proving such airworthiness and annual inspection to Landlord upon demand of Landlord. 4. DEFENSE AND INDEMNIFICATION: The following provisions concerning indemnification shall not be construed to indemnify the County for damages arising from bodily injury to persons or property contributed to, caused by or resulting from the sole negligence of the County or its employees. a) Tenant represents that he/she has inspected the hangar, its structure, its physical location, and its proximity to other aircraft, and finds the same to be acceptable for its intended use under this lease. b) Tenant agrees that the leased premises is leased as is, where is. Tenant waives any claim against Landlord for damages that may in the future be suffered to his/ her person or property because of the condition of the leased premises. The Tenant agrees to hold the Landlord harmless and indemnifies Landlord from any claim, demand, or cause of action pertaining to the leased premises throughout the term of this lease or the Tenant’s use of the premises (whichever is longer). This hold harmless includes claims, demands, and causes brought by the Tenant, his/her heirs, assigns, and includes without limitation his/her agents, employees, and guests, and any claims brought by other tenants. The tenant agrees that this hold harmless agreement includes attorney fees and court costs incurred by the Landlord in defending any claims or demands. c) Tenant shall indemnify and save harmless the Landlord and its agents, employees, legislative body, other tenants, and guests from any judgment recovered by anyone for personal injury or property damage sustained or claimed to been sustained by reason of any activities of the Tenant or its agents, guests, or invitees, and the Tenant shall pay all expenses in defending against the Landlord or any of the persons above enumerated and described. d) The Landlord shall not be liable for any weather related damage to Tenant’s Aircraft or any loss due to theft or vandalism. 5. RULES AND REGULATIONS: a) The Tenant agrees to be bound by and comply with any and all rules, regulations, terms, and requirements imposed by state or federal governments on the County in regard to the Cortland County Airport. Tenant, shall obey such local rules, regulations, and requirements such as “Field Regulations” as may from time to time be promulgated by Landlord and/or the Airport Manager, or Landlord’s authorized agents in charge of the Airport, to insure the safe and orderly conduct of operations and traffic to, from or upon the demised premises, and Tenant shall obey such rules and regulations as may from time to time be promulgated by the United States or any department or agency thereof and by the State of New York for like purposes. The current “Cortland County Airport Field Regulations” is provided with this ---PAGE BREAK--- 3 lease and referred to as Exhibit A and Tenant, by Tenant’s signature, hereby certifies receipt of same. b) Tenant covenants and agrees to observe and obey all lawful rules and regulations that may from time to time during the term of this lease be promulgated and enforced by the Landlord or any public body having jurisdiction thereof for the conduct and operation of Cortland County Airport, including but not limited to the County of Cortland, the Federal Aviation Administration (FAA) and the New York State Department of Transportation (NYSDOT), Aviation Division. Tenant agrees to abide by all federal, state and local government laws, rules and regulations regarding use, security and operation of aircraft pertaining specifically to said airport. c) Violation of any federal or local laws and ordinances or rules and regulations adopted by the Landlord, as well as failure to conform to any terms of this lease, may result in the immediate cancellation of said lease by the Landlord. In the event of cancellation of said lease for any reason other than default in rental payments, the Tenant shall immediately remove any and all properties from said T-Hangar space and/or the Landlord shall have the right to take possession of and enter the T-Hangar, remove the Tenant’s aircraft and other property and take any other reasonable actions without liability to the Landlord but at the sole cost to the Tenant. 6. INSURANCE: Tenant shall provide comprehensive general liability property damage coverage in the minimum amount of $1,000,000.00. Tenant shall provide Landlord with a copy of the Tenant’s Certificate of Insurance showing said coverage. Tenant further agrees to notify Landlord of any change in his/her insurance coverage. 7. T-HANGAR USE: a) Any accident shall be reported to the Landlord as soon as possible and not later than twenty-four (24) hours from the time of such accident. A detailed written report must be submitted to the Landlord as soon thereafter as possible but no later than three days after the date of such accident. b) Tenant agrees that rubbish, trash, rags, cans, grease, food items, gasoline, or other combustible material shall not be transported to, in or out of the T-Hangars and such items shall not be permitted. Tenants shall keep the T-Hangar space clean at all times and T- Hangar space shall be subject to inspection by the Landlord at any time and if found to be in violation or found to be a fire or accident hazard, Tenant shall be so informed and Tenant shall immediately clean and/or remove all items in violation or causing such hazard. If the Tenant fails to immediately clean and/or remove all items in violation or causing such hazard, the Landlord will do so at the Tenant’s expense. The Tenant will at all times remain solely liable for any environmental contamination caused by the Tenant. c) The T-Hangar space shall not be used as a workshop, repair shop, maintenance shop or storage shop; painting and major aircraft repairs therein are prohibited. ---PAGE BREAK--- 4 d) Tenant agrees that the only maintenance of aircraft he/she shall be permitted to perform in the T Hangars are repairs and/or maintenance specifically authorized under Federal Aviation Regulations, Part 43, Maintenance, Preventive Maintenance, Rebuilding, and Alteration, which does not require the services of a licensed A&P Mechanic. This maintenance may be performed by the owner/pilot of the aircraft only. e) The T-Hangar space shall not be used as sleeping or living quarters. f) The Tenant may store his/her licensed, registered, insured, and roadworthy automobile in the Hangar space while aircraft is being flown. Parking of automobiles outside of T-Hangar building is prohibited. The Parking Area located at the Landside entrance to the Airport shall be used for parking of all automobiles not stored in the T-Hangar space as described above. g) Tenant agrees that kerosene or gasoline fired heaters or any type of open flame heaters or apparatus are prohibited from use in or out of the T-Hangar space. Tenant further agrees that welding of any type shall be prohibited in the T-Hangar space. A limited number of small electrical hand tools and appliances may be used in the T-Hangar space for the care and support of the aircraft while the Tenant is present. Examples of these items include coffee makers, portable fans, vacuum cleaners, air compressors, and electrical buffers. All appliances shall be disconnected when the Tenant is not present. Any appliance/device not having an explosion-proof motor must be elevated at lease eighteen (18) inches above the floor. Prohibited appliances include, but are not limited to: air conditioners, electric heaters, hot plates, heat lamps, and stoves. Tenant shall not allow use of electrical power by any other person for any purpose whatsoever. h) Tenant agrees that no structural or other changes shall be made to the T-Hangar building, floors, doors, door hardware, electrical wiring, electrical devices or any other devices without written permission from Landlord. i) Landlord furnishes unique locks and keys for each separately leased T-Hangar space. Tenant agrees that these locks shall not be replaced, removed or re-keyed and agrees not to obtain copies of any keys. If lock changes are necessary for any reason, Landlord must be contacted. Loss of the key by the Tenant will result in an assessment of ten dollars ($10.00) to the Tenant for a replacement key. j) Tenant agrees that aircraft engines or powerplants shall not be started or run inside of T hangar for any reason. k) Tenant agrees that he/she shall not do or permit any act or thing upon the premises: Which will invalidate or conflict with any insurance policies covering the T-Hangar space or other premises at the Airport, or ii.) Which may constitute a hazardous condition so as to increase the risk normally attendant upon the operations permitted by this Agreement. l) Tenant agrees to accept all facilities on the leased premises on an “as is” basis; further, Landlord hereby disclaims, and tenant accepts such disclaimer, of any warranty, either express or implied of the condition, use, or fitness of the tie-down devices used to secure aircraft, and Tenant assumes full responsibility to furnish any equipment necessary to properly secure his/her aircraft. ---PAGE BREAK--- 5 m) Tenant agrees to move, store and operate said aircraft, and to provide all ropes, chains, straps, wheel chocks, fire extinguisher, grounding wires, grounding clamps and any other equipment necessary to properly and safely secure the aircraft within the T-Hangar space. Tenant hereby agrees that the Landlord will not provide any services or equipment in regard to the moving, storing or operation of said aircraft. n) Tenant agrees, at his/her own expense, to cause to be removed from the T-Hangar space all wastes, garbage, and rubbish, and agrees not to deposit the same on any part of the Airport. o) Tenant shall not use the rented space in the Hangar or any other part of the Cortland County Airport to conduct a commercial enterprise (revenue-producing activities); nor shall the Cortland County Airport be used as a base of operation for any commercial enterprise except under a separate lease agreement with the Landlord for that purpose. 8. ASSIGNMENT: The right of use and occupancy of the T-Hangar space granted herein is to the Tenant named above for Tenant’s aircraft listed above only. The Tenant shall not assign this lease nor shall Tenant make any sub-lease or sharing agreements without prior written approval of the Landlord. Further, neither party may assign nor sub-contract this Agreement or any portion thereof, without prior written consent from the other party hereto. 9. FUELING OF AIRCRAFT: Tenant agrees to fuel and refuel his/her aircraft with fuel purchased and dispensed from the Cortland County Airport fuel facility for any and all refueling of said aircraft accomplished on the Cortland County Airport property. No express or implied approval is or shall be granted to allow fueling operations performed by the Tenant other than through the use of the County Airport Fuel Facility. The Tenant shall perform all fueling operations in conformance with all federal, state and local regulations. 10. HANGAR DOORS: The T-Hangar space is equipped with (electrically or manually) operated (sliding or bi-fold) type hangar doors providing access for Tenant’s aircraft to the T-Hangar space. Tenant agrees to cause the operation of said hangar doors to provide said access. The Tenant shall be responsible for the cost of all necessary repairs of property that is damaged by the Tenant or resulting from the Tenant’s misuse of the premises. Tenant agrees to close the T-Hangar door when not at the T-Hangar and acknowledges responsibility for any damages occurring in said T-Hangar space and will hold the Landlord harmless for any damages or injuries occurring in said T-Hangar space, and further acknowledges Tenant’s responsibility for any damage by reason of said door being left unattended and open. 11. TERMINATION OF LEASE: Tenant hereby agrees that the Landlord reserves the right to terminate without notice or good cause. Upon termination of this lease, Tenant shall remove the aircraft from the leased premises. Tenant further agrees that upon termination of this Agreement, all personal belongings and trash shall be removed prior to vacating the T-Hangar space. The T-Hangar space shall be returned to the Landlord in good, clean condition, reasonable wear and tear excepted. ---PAGE BREAK--- 6 Should the Tenant fail to fulfill this requirement, the Landlord shall assess a cleaning fee of $500.00 or the actual cost incurred, whichever is greater. 12. GOVERNMENTAL AUTHORITY: In the event that any governmental agency by order or otherwise require the use or disuse of the Cortland County Airport-Chase Field, or any or all of the properties connected therewith or used incidental thereto, including the T-Hangar space, by reason of way of governmental emergency or necessity, the Landlord shall be released and relieved from any or all responsibility to the Tenant for the performance of this Agreement during the term of such governmental possession or occupancy and this lease and all of the terms and conditions hereof shall be suspended during said period. Upon the termination of such governmental possession and occupancy, this lease may at the option of the Tenant, be extended and continued for a period equal to the period of governmental possession and occupancy, under the same terms and conditions of this lease. Nothing herein contained shall be construed to restrict Tenant's right to compensation or claim against said governmental agency by reason of the taking, use and occupancy of the T- Hangar space in accordance with the provisions of this paragraph. 13. VENUES AND DISPUTES: Tenant agrees that the exclusive means of disposing of any dispute arising under a contract with Cortland County, which is not disposed of by Lease, shall be decided in a New York State Court of competent jurisdiction located within Cortland County, New York. There shall be no right to binding arbitration. Pending final resolution of a dispute, the Tenant must proceed diligently with contract performance. The Tenant waives any dispute or claim not made in writing and received by the County within thirty (30) days of the occurrence giving rise to the dispute or claim. The claim must be in writing for sum certain; any money requested must be fully supported by all cost and pricing information. 14. APPLICABLE LAW: This Lease shall be governed according to the laws of the State of New York. 15. REMEDIES: Tenant agrees that the remedies specified herein shall be cumulative and in addition to any other remedies available at law or in equity. Waiver of a breach of any provision of this Lease shall not constitute a waiver of any other or future breach of the same provision or any other provision of the entire Lease. Any dispute arising under this Lease which is not disposed of by Lease shall be decided by a New York State court of competent jurisdiction. Venue for such litigation shall be Cortland County, New York. Pending final resolution of a dispute, Tenant must proceed diligently with Lease performance. 16. NOTICE: All notices of any nature referred to in this agreement shall be in writing and EITHER presented by personal delivery to the offices of the Cortland County Attorney as verified by a signed receipt from the County Attorney’s Office or sent by registered or certified mail, postage pre-paid, to the respective addresses set forth below or to such other addresses as the respective parties may designate in writing. ---PAGE BREAK--- 7 To the Tenant: To the Landlord (County): Chairman of the Legislature AND Cortland County Highway Department County of Cortland Philip Krey, Highway Superintendent 60 Central Avenue 60 Central Avenue Cortland, NY 13045 Cortland, NY 13045 17. SEVERABILITY: In the event any provision hereof shall be held for any reason to by illegal, invalid or unenforceable, such illegality, invalidity or unenforceable provision shall not affect the remaining provisions of this contract, which provisions shall continue in full force and effect. 18. EXECUTORY CLAUSE: County shall have no liability under this contract to the Tenant or to anyone else beyond funds appropriated and available for this contract. 19. PRIVILEGES: Tenant shall have the right of general use of all public Airport facilities in common with other authorized Airport users and improvements of a public nature which are now or may hereafter be connected with or appurtenant to said Airport except as hereinafter provided. For the purpose of this lease "Public Airport Facilities" shall include all necessary landing area appurtenances including but not limited to approach areas, runways, taxiways, aprons, navigational and aviation aids, lighting facilities, or other public things appurtenant to said Airport. It is mutually agreed that the right to use said public Airport facilities in common with others authorized to do so shall be exercised only subject to and in accordance with the Laws of the United States of America and the State of New York, and the rules and regulations promulgated by their authority with reference to aviation and air navigation, and in accordance with all applicable rules, regulations and ordinances of Landlord now in force or hereafter prescribed or promulgated by charter authority or by law. In addition to the general privileges, uses, rights, and interests attaching to the T-Hangar space herein described and without limiting the generality thereof, the following particular privileges, uses, rights and interests are demised to the Tenant, to wit: • The use in common with other authorized users of said Airport facilities and navigational aids and facilities relating thereto for purposes of commercial and non-commercial landings, take-off, and taxiing of aircraft, • The unrestricted use of and a right of ingress to and egress from the T-Hangar space without charge therefore 20. MECHANIC’S LIENS: The Tenant agrees that in the event any mechanic’s lien is filed against Tenant in connection with the leased premises or Tenant’s aircraft or if any action is brought in connection therewith against Tenant, Landlord, or both, and such mechanic’s lien ---PAGE BREAK--- 8 is not discharged by Tenant by payment, Tenant shall forthwith obtain a discharge of such lien by making an offer to pay and paying into Court sufficient monies to obtain a discharge thereof in accordance with the provisions of Section 55 and other pertinent provisions of the Lien Law, and the Tenant will obtain such charge of lien at its own expense. 21. SNOW / ICE REMOVAL: The Landlord is responsible for completing snow/ice removal activities on the paved areas adjacent to the T-Hangar space with the exception of the area located within two feet of the front of the T-Hangar, which is the sole responsibility of the Tenant. The Landlord shall complete snow/ice removal activities in the areas surrounding the T-Hangar spaces after the completion of higher priority airfield surfaces, including but not limited to runways, taxiways and ramps. The Tenant agrees to not hold the Landlord liable for damages or injury which may occur to tenant as a result of the Landlord’s snow/ice removal operation except for damage or injury to the Tenant’s Aircraft during snow removal operations caused by the negligent acts or omissions of the Landlord, its employees, agents or assigns. 22. ASSIGNED T-HANGAR SPACE: The Tenant is hereby assigned T-Hangar Space IN WITNESS WHEREOF, the Tenant has caused this instrument to be executed this date and the Landlord has caused this instrument to be executed in its name by the Cortland County Highway Superintendent or Deputy Highway Superintendent on behalf of the Chairman of the Cortland County Legislature, in the day and year below written. FOR LANDLORD: (Signature) BY: , Highway/Deputy Highway Superintendent of Cortland County DATE: FOR TENANT: (Signature) BY: (Print Name) DATE: END OF AGREEMENT