Rules on what can be in a hangar

On Thu, 26 Feb 2004 21:39:34 -0500, "MichaelR"
wrote:

It amazes me that it's OK to park a 40 year old airplane with 100+ gallons
of fuel held in old rubber bladders with half a dozen ancient quick-drains
in a hangar, but if you have a brand-new 5 gallon govt-approved gas can for
dumping fuel samples, the airport manager throws a fit.

Could it be that firefighters hate surprises?

Don

Could it be that firefighters hate surprises?

A 10 pack of T-Hangars is on fire. Is it not already a surprise if the
hangars have everything from ultralights, 152's, 172's, Bonanza's, Apache's,
Skymasters, etc? Depending on how they are equipped, the delta could be
well over 100 gallons from one hangar to the next.

If anyone has a copy of hangar rules that are reasonable, I would like
to get a copy if possible.

Here's our lease, in its entirety: (It's, IMHO, absurdly complex for a
simple T-hangar lease, but you asked for it!)

T-HANGAR LEASE



This T-HANGAR LEASE ("Lease") entered into by and between the Iowa City
Airport Commission ("Commission") and
("Tenant").



In consideration of the mutual covenants contained herein, and for other
good and valuable consideration, the parties hereby agree as follows:



1. Lease of the Hangar Space.



The Commission hereby leases to Tenant hangar space in Hangar #_________
(the "Hangar Space") located at the Iowa City Municipal Airport (the
"Airport") and described as follows: T-hangar with a bifold door. The Hangar
Space shall be used and occupied by Tenant principally for the storage or
construction of the following aircraft: Aircraft Make & Model
________________________
__________________________________________________ ___________________

*Aircraft Registration Number____________________________________________ __

Aircraft Registered Owner Name___________________________________________

Registered Owner Home and Business Telephone Numbers_____________________

__________________________________________________ ___________________



Tenant shall promptly notify the Commission in writing of any
change in the information furnished above. Tenant may request permission to
store a substitute aircraft in the Hangar Space by making a written request
to the Commission. In the event Tenant is permitted to store a substitute
aircraft in the Hangar Space, all provisions of this Lease applicable to the
Aircraft shall also be applicable to the substitute aircraft.



2. Term.



The term of this Lease shall commence on ______________________, 200___, and
shall end on the last day of the month of _______, 200__.



Provided Tenant is in compliance with all terms and conditions of this
Lease, the Commission acknowledges that Tenant will likely be offered
another one-year lease at the expiration of the term of this Lease, and
Tenant acknowledges that rent will likely be increased under the subsequent
one-year lease. If Tenant does not intend to execute another lease
following the expiration of the the term of this Lease, Tenant agrees to
notify the Commission 45-days prior to the expiration of the existing term
in order to facilitate the Commission in locating another tenant. In the
event Tenant shall continue to occupy the Hangar Space beyond the term of
this Lease without executing a Lease for another 12-month term, such holding
over shall not constitute a renewal of this Lease but shall be a
month-to-month tenancy only.



3. Rent.



For use of the Hangar Space, Tenant shall pay the Commission the amount of
$__________ per month, payable in advance on the first day of each month. A
1.5% late fee (which is $___________ per day) for rent not received by the
Commission will be charged after the fifteenth (15) day of each month.



4. Security/Damage Deposit.



At the time of execution of this Lease, Tenant shall pay to the
Commission in trust the sum of one month's rent to be held as a rental
deposit. At the termination of the Lease, the Commission shall return the
deposit to the Tenant less any amounts necessary to repair damage, conduct
cleanup or owed to the Airport Commission. If the tenant



renews the lease each year, the deposit will be held over for
the next year.



5. Use of the Hangar Space.



a. The Hangar Space shall be used primarily for storage or
construction of the Aircraft consistent with FAR and the Minimum Standards.
This provision is not to be construed as a prohibition for storage of
maintenance materials, cleaning materials, tools, parts, spares, and other
aircraft components.



b. Tenant may park his/her car in the Hangar Space during
such time that Tenant is using the Aircraft.



c. No commercial activity of any kind shall be conducted by Tenant
in, from or around the Hangar Space.



d. No maintenance on the Aircraft shall be performed in the Hangar
Space or

anywhere on the Airport without the prior written approval of the
Commission,

except such maintenance as performed by the Tenant on his or her
own aircraft

as permitted by the FAA. Tenant shall take steps to ensure that
the performance

of such maintenance work shall not damage the Hangar Space or the
Airport

where the work is performed.



e. Tenant shall be responsible and liable for the conduct of its
employees and

invitees, and of those doing business with it, in and around the
Hangar Space.

Tenant shall keep the Hangar Space clean and free of debris at
all times.



f. In utilizing the Hangar Space during the term of this Lease,
Tenant shall comply

with all applicable ordinances, rules, and regulations
established by any federal,

state or local government agency.



g. Tenant shall dispose of used oil only in approved receptacles.



h. At no time shall Tenant start or run his/her Aircraft engine(s)
within the Hangar or Hangar Space.



i. On the termination of this Lease, by expiration or otherwise,
Tenant shall

immediately surrender possession of the Hangar Space and shall
remove, at its

sole expense, the Aircraft and all other property therefrom,
leaving the Hangar

Space in the same condition as when received, ordinary wear and
tear excepted.



j. Tenant shall be liable for any and all damage to the
Hangar or to the Hangar Space caused by Tenant's use, including, but not
limited to, bent or broken interior walls, damage due to fuel spillage, or
damage to doors due to Tenant's improper or negligent operation.



6. Rights and Obligations of Tenant.



a. Tenant shall have at all times the right of ingress to
and egress from the Hangar Space, except as provided in Paragraph 12. To
ensure this right, the Commission shall make all reasonable efforts to keep
adjacent areas to the Hangar Space free and clear of all hazards and
obstructions, natural or manmade



b. Tenant shall be responsible to maintain the interior of
the Hangar Space to include janitorial services, maintaining all interior
lights, cleaning of stoppages in plumbing fixtures and drain lines, cleaning
of snow within two (2) feet of the



apron adjoining the Hangar Space, disposing of any debris or waste
materials, and maintaining any Tenant constructed structures and equipment.
The Commission shall be the sole judge of the due maintenance undertaken by
the Tenant, and may upon written notice, require specific maintenance work
to be completed. If such maintenance is not completed within a reasonable
time period, the Commission shall have the right to perform such due
maintenance, and Tenant shall reimburse the Commission for the cost of such
maintenance upon presentation of a billing.



c. Tenant shall provide and maintain hand fire extinguisher
for the interior of the Hangar Space of the building in accordance with
applicable safety codes.



d. Tenant shall not store any materials outside the Hangar
Space.



e. Tenant shall promptly notify the Commission, in writing,
of any repairs needed on the Hangar or to the Hangar Space.



7. Rights and Obligations of the Commission.



a. The Commission shall at all times operate and maintain
the Airport as a public airport consistent with and pursuant to the Sponsor'
s Assurances given by Authority to the United States Government under the
Federal Airport Act.



b. The Commission shall not unreasonably interfere with the
Tenant's use and enjoyment of the Hangar Space.



c. The Commission shall maintain and keep the Hangar and
Hangar Space in good repair except for the maintenance obligations of Tenant
set forth in the Lease. In no event, however, shall the Commission be
required to maintain or repair damage caused by the negligent or willful act
of Tenant, its agents, servants, invitees, or customer. However, if due to
any negligent or willful act by the Tenant, its agents, servants, invitees
or customer, there is a need for maintenance or repair of damage, then
Tenant shall so such maintenance or repair in a prompt, reasonable manner,
as approved by the Commission.



d. Snow shall be removed from in front of Hangar Space to
within at least five (5) feet of the Hangar. Snow removal closer than five
(5) feet is the responsibility of the Tenant.



e. The Commission shall ensure appropriate grounds keeping
is performed year round.



8. Sublease/Assignment.



Tenant shall not sublease the Hangar Space or assign this Lease without the
prior written approval of the Commission.



9. Condition of Premises.



Tenant shall accept the Hangar Space in its present condition
without any liability or obligation on the part of the Commission to make
any alterations, improvements or repairs of any kind on or about said Hangar
Space.











10. Alterations.



Tenant shall not install any fixtures or make any alterations,
additions or improvements

to the Hangar Space without the prior written approval of the
Commission. All fixtures installed or additions and improvements made to the
Hangar Space shall, upon completion of such additions and improvements,
become Commission property and shall remain in the Hangar Space at the
expiration or termination of this Lease, however terminated, without
compensation or payment to Tenant. Fixtures include, but are not limited
to, locks, brackets for window coverings, plumbing, light fixtures,
luminaries, and any item permanently attached to the wall, floor, or ceiling
of the Hangar Space by means of concrete, plaster, glue, nails, bolts, or
screws.



11. Hazardous Materials.



a. No "hazardous substance," as defined in Iowa Code
section 455B.411 (2001), may be stored, located, or contained in the Hangar
Space without the Commission prior written approval. (The Iowa Code can be
found online at www.legis.state.ia.us/Code.html The U.S. Code can be found
online at www.findlaw.com/casecode/uscodes/index.html Federal regulations
can be found online at http://www.access.gpo.gov/nara/cfr/c...eve.html#page1 )
Petroleum products and their byproducts for personal use may be stored or
present in the Hangar Space if said substances are contained in approved
containers.



b. Tenant shall handle, use, store and dispose of fuel
petroleum products, and all other non-"hazardous substances" owned or used
by it on the Airport in accordance with all applicable federal, state, local
and airport statutes, regulations, rules and ordinances. No waste or
disposable materials shall be released on the ground or in the storm sewers.
Should such materials be spilled or escape from storage or in any way
contaminate the Airport or property adjacent to the Airport through
activities of the Tenant, the Tenant shall be responsible for the clean up,
containment and otherwise abatement of such contamination at Tenant's sole
cost and expense. Further, Tenant shall notify the Commission and
appropriate governmental agency of such occurrence immediately. Should
Tenant fail to do so, the Commission may take any reasonable and appropriate
action in the Tenant's stead. The cost of such remedial action by the
Commission shall be paid by the Tenant.



12. Special Events.



During any special event at the Airport, including but not
limited to the Sertoma Breakfast or Fly Iowa, Tenant acknowledges that the
standard operating procedure at the Airport may be altered such that egress
and ingress to the Hangar Space may be altered by the Commission in writing.
Tenant's failure to comply with the altered procedure is a default of this
Lease, and the Commission may proceed to terminate this Lease.



13. Airport Rules and Regulations.



Tenant agrees to be subject to Airport rules and regulations
upon adoption by the Commission or provide 30-days notice to terminate this
Lease. Commission shall provide Tenant with a copy of said and regulations
30-days prior to their effective date.



14. Access and Inspection.



The Commission has the right to enter and inspect the Hangar Space at any
reasonable time during the term of this Lease upon at least 24 hours notice
to the Tenant for

any purpose necessary, incidental to or connected with the performance of
its obligations under the Lease or in the exercise of its governmental
functions. In the case of an emergency, the Commission may enter the Hangar
Space without prior

notice but will provide notice to the Tenant after the fact. The Commission
shall not, during the course of any such inspection, unreasonably interfere
with the Tenant's use and enjoyment of the Hangar Space. At a minimum, the
Hangar Space will be inspected annually. Upon execution of this Lease, the
Tenant subsequently changes the lock to the Hangar Space, he or she shall
provide shall provide notice to the Commission before he or she does so and
shall provide a new key to the Commssion within twenty-four hours of doing
so.



15. Insurance.



a. Tenant shall at its own expense procure and maintain
general liability and casualty insurance in a company or companies
authorized to do business in the State of Iowa, in the following amounts:



Type of Coverage



Comprehensive General (or Premises)Liability - Each Occurrence
$1,000,000



b. Tenant's insurance carrier shall be A rated or better by A.M.
Best. Tenant shall name the Commission and the City of Iowa City, as
additional insured. The Commission and Tenant acknowledge that a Certificate
of Insurance is attached to this Lease. Tenant shall provide fifteen (15)
days notice to the Commission before cancellation of said insurance.



c. It is the tenant's responsibility to keep the insurance
certificate current. If the Certificate of Insurance expires during the
term of the lease, the Tenant must provide a current certificate to the
Airport within 7 days of when the certificate expires.



16. Casualty.



In the event the Hangar or Hangar Space, or the means of access thereto,
shall be damaged by fire or any other cause, the rent payable hereunder
shall not abate provided that the Hangar Space is not rendered untenantable
by such damage. If the Hangar Space is rendered untenantable and Commission
elects to repair the Hangar or Hangar Space, the rent shall abate for the
period during which such repairs are being made, provided the damage was not
caused by the acts or omissions of Tenant, its employees, agent or invitees,
in which case the rent shall not abate. If the Hangar or Hangar Space is
rendered untenantable and Commission elects not to repair the Hangar or
Hangar Space, this Lease shall terminate.



17. Indemnity.



Tenant agrees to release, indemnify and hold the Commission, its
officers and employees harmless from and against any and all liabilities,
damages, business interruptions, delays, losses, claims, judgments, of any
kind whatsoever, including all costs, attorneys' fees, and expenses
incidental thereto, which may be suffered by, or charged to, the Commission
by reason of any loss or damage to any property or injury to or death of any
person arising out of or by reason of any breach, violation or
non*-performance by Tenant or its servants, employees or agents of any
covenant or condition of the Lease or by any act or failure to act of those
persons. The Commission shall not be liable for its failure to perform this
Lease or for any loss, injury, damage or delay of any nature whatsoever
resulting therefrom caused by any act of God, fire, flood, accident, strike,
labor dispute, riot, insurrection, war or any other cause beyond
Commission's control.



18. Disclaimer of Liability.



The Commission hereby disclaims, and Tenant hereby releases the
Commission from any and all liability, whether in contract or tort
(including strict liability and negligence) for any loss, damage or injury
of any nature whatsoever sustained by Tenant, its

employees, agents or invitees during the term of this Lease,
including, but not limited to, loss, damage or injury to the Aircraft or
other property of Tenant that may be located or stored in the Hangar Space,
unless such loss, damage or injury is caused by the Commission's gross
negligence or intentional willful misconduct. The parties hereby agree that
under no circumstances shall the Commission be liable for indirect
consequential, special or exemplary damages, whether in contract or tort
(including strict liability and negligence), such as, but not limited to,
loss of revenue or anticipated profits or other damage related to the
leasing of the Hangar Space under this Lease.



19. Attorney Fees.



If the Commission files an action in district court to enforce its rights
under this Lease and if judgment is entered against the Tenant, Tenant shall
be liable to and shall pay for the Commission's attorney fees incurred in
enforcing the Lease and in obtaining the judgment.



20. Default.



This Lease shall be breached if: (a) Tenant fails to make the rental
payment; or (b) Tenant or the Commission fails to perform any other covenant
herein and such default shall continue for five (5) days after the receipt
by the other party of written notice.



21. Security.



Tenant acknowledges that the FAA or another governmental entity or
subdivision may enact laws or regulations regarding security at general
aviation airports such that the Commission may not be able to comply fully
with its obligations under this Lease, and Tenant agrees that the Commission
shall not be liable for any damages to Tenant that may result from said
non-compliance.



22. Thirty (30) Days Termination.



Either party to this Lease shall have the right, with cause, to terminate
this Lease by giving thirty (30) days' prior written notice to the other
party.



23. Non-Discrimination.



Tenant shall not discriminate against any person in employment or public
accommodation because of race, religion, color, creed, gender identity, sex,
national origin, sexual orientation, mental or physical disability, marital
status or age. "Employment" shall include but not be limited to hiring,
accepting, registering, classifying, promoting, or referring to employment.
"Public accommodation" shall include but not be limited to providing goods,
services, facilities, privileges and advantages to the public.



24. FAA Provisions.



a. Tenant, for itself, heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree

as a covenant running with the land that in the event facilities are
constructed, maintained, or otherwise operated on the said property
described in this (license, lease, permit, etc.) for a purpose for which a
Department of Transportation program or activity is extended or for another
purpose involving the provision of similar services or benefits, the
(licensee, lessee, permittee, etc.) shall maintain and operate such
facilities and services in compliance with all other requirements imposed
pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs
of the Department of Transportation, and as said Regulations may be amended.



b. Tenant, for itself, personal representatives, successors in
interest, and assigned, as a part of the consideration hereof, does hereby
covenant and agree as a covenant running with the land that: (1) no person
on the grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subject to
discrimination in the use of said facilities, (2) that in the construction
of any improvements on, over, or under such land and the furnishing of
services thereon, no person on the grounds of race, color, or national
origin shall be excluded from participation in, denied the benefits of, or
otherwise be subject to discrimination, (3) that Tenant, shall use the
premises in compliance with all other requirements imposed by or pursuant to
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, and as said Regulations may be amended.



c. It in understood and agreed that nothing herein
contained shall be construed to grant or authorize the granting of an
exclusive right within the meaning of Section 308 of the Federal Aviation
Act of 1958. This Lease shall be subordinate to the provisions of any
outstanding or future agreement between the Commission and the United States
government or the Commission and the State of Iowa relative to the
maintenance, operation, or development of the Iowa City Municipal Airport.
Tenant acknowledges and agrees that the rights granted to Tenant in this
Lease will not be exercised so as to interfere with or adversely affect the
use, operation, maintenance or development of the Airport



d. Tenant agrees to furnish service on a fair, equal and
not unjustly discriminatory basis to all users thereof, and to charge fair,
reasonable and not unjustly discriminatory prices for each unit or service;
provided, that Tenant may make reasonable and non-discriminatory discounts,
rebates, or other similar types of price reductions to volume purchasers.



e. The Commission reserves the right (but shall not be obligated to
Tenant) to maintain and in repair the landing area of the airport and all
publicly-owned facilities of the airport, together with the right to direct
and control all activities of Tenant in this regard.



f. The Commission reserves the right further to develop
or improve the landing area and all publicly-owned air navigation facilities
of the airport as it sees fit, regardless of the desires or views of Tenant,
and without interferences or hindrance.



g. The Commission reserves the right to take any action it
considers necessary to

protect the aerial approaches of the airport
against obstructions, together with the

right to prevent Tenant from erecting, or
permitting to be erected, any building or

other structure on the airport which in the
opinion of the Commission would limit

the usefulness of the airport or constitute a
hazard to aircraft.





h. During time of war or national emergency, the Commission shall
have the right to enter into an agreement with the United States Government
for military or naval use of part or all of the landing area, the
publicly-owned air navigation facilities and/or other areas or facilities of
the airport. If any such agreement is executed, the provisions of this
instrument, insofar as they are inconsistent with the provisions of the
agreement with the Government, shall be suspended.



i. It is understood and agreed that the rights granted by this
Lease will not be exercised in such a way as to interfere with or adversely
affect the use, operation, maintenance or development of the airport.



j. There is hereby reserved to the Commission, its successors and
assigns, for the use and benefit of the public, a free and unrestricted
right of flight for the passage of aircraft in the airspace above the
surface of the premises herein conveyed, together with the right to cause in
said airspace such noise as may be inherent in the operation of aircraft,
now known or hereafter used for navigation of or flight in the air, using
said airspace or landing at, taking off from, or operating on or about the
airport.



k. The Lease shall become subordinate to provisions of
any existing or future agreement between the Commission and the United
States of America or any agency thereof relative to the operation,
development, 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 of the airport.



25. Remedies Cumulative.



The rights and remedies with respect to any of the terms and
conditions of this Lease shall be cumulative and not exclusive, and shall be
in addition to all other rights and remedies available to either party in
law or equity.



26. Notices.



Any notice, for which provision is made in this Lease, shall be
in writing, and may be given by either party to the other, in addition to
any other manner provided by law, in any of the following ways:



a. by personal delivery to the Airport Manager or the
Commission Chairperson



b. by service in the manner provided by law for the service
of original notice, or



c. by sending said Notice by certified or registered mail, return
receipt requested, to the last known address. Notices shall be deemed to
have been received on the date of receipt as shown on the return receipt.



(1) If to the Commission, addressed to:



Iowa City Airport Commission

Attn: Airport Manager

Iowa City Municipal Airport

1801 S. Riverside Drive

Iowa City, IA 52246











(2) If to Tenant, addressed to:









27. Airport Manager.



The Airport Manager is the person designated by the Commission to manage the
Hangar Space and to receive and deliver all notices and demands upon the

Commission, to receive keys to the Hangar Space as provided in Paragraph 14,
and to perform inspections as provided in Paragraph 14.



28. Integration.



This Lease constitutes the entire agreement between the parties,
and as of its effective date supersedes all prior independent agreements
between the parties related to the leasing of the Hangar Space. Any change
or modification hereof must be in writing signed by both parties.



29. Waiver.



The waiver by either party of any covenant or condition of this
Lease shall not thereafter preclude such party from demanding performance in
accordance with the terms hereof.



30. Successors Bound.



This Lease shall be binding and shall inure to the benefit of
the heirs, legal representatives, successors and assigns of the parties
hereto.



31. Severability.



If a provision hereof shall be finally declared void or illegal by any court
or administrative agency having jurisdiction over the parties to this Lease,
the entire Lease shall not be void, but the remaining provisions shall
continue in effect as nearly as possible in accordance with the original
intent of the parties.



IOWA CITY AIRPORT COMMISSION



By:



Title: ___________________________________



Date: ___________________________________





TENANT:
Approved:



By:
_____________________


City Attorney's Office

Title:



Date:____________________________________

--
Jay Honeck
Iowa City, IA
Pathfinder N56993
www.AlexisParkInn.com
"Your Aviation Destination"

On Fri, 27 Feb 2004 08:01:44 -0600, "Ben Smith"
wrote:

Could it be that firefighters hate surprises?

A 10 pack of T-Hangars is on fire. Is it not already a surprise if the
hangars have everything from ultralights, 152's, 172's, Bonanza's, Apache's,
Skymasters, etc? Depending on how they are equipped, the delta could be
well over 100 gallons from one hangar to the next.

I meant the the little containers that go bang at your feet while
you're trying the haul the bird out of there in a spray of mist before
its contents go boom.

Don