written English experts and Lawyers, a question.
Below is one of several clauses in the poorly written lease for hangers at our airport. I replaced the airport name with X's to protect the innocent, none of which happen to be Gallia County OH Commissioners.
No storage of airplanes, boats, cars, trucks, trailers, or mobile homes is permitted outside of the Lessee hangar or anywhere on XXXXXXXX-XXXXX Airport property, except designated parking areas for such vehicles or aircraft as temporary only parking and must have approval of the Airport Manager.
Based upon the comma's location after "property" and the exact wording of the sentence is it okay to store, boats, cars trucks, trailers or mobile homes there?
No storage of airplanes, boats, cars, trucks, trailers, or mobile homes is permitted outside of the Lessee hangar or anywhere on XXXXXXXX-XXXXX Airport property, except designated parking areas for such vehicles or aircraft as temporary only parking and must have approval of the Airport Manager.
Based upon the comma's location after "property" and the exact wording of the sentence is it okay to store, boats, cars trucks, trailers or mobile homes there?
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quote:Originally posted by bpost
Below is one of several clauses in the poorly written lease for hangers at our airport. I replaced the airport name with X's to protect the innocent, none of which happen to be Gallia County OH Commissioners.
No storage of airplanes, boats, cars, trucks, trailers, or mobile homes is permitted outside of the Lessee hangar or anywhere on XXXXXXXX-XXXXX Airport property, except designated parking areas for such vehicles or aircraft as temporary only parking and must have approval of the Airport Manager.
Based upon the comma's location after "property" and the exact wording of the sentence is it okay to store, boats, cars trucks, trailers or mobile homes there?
Yes, with the Airport, Manager's Approval,0 -
Keep all of your stuff in the hanger that you rented. And if you want to park something outside temporarily get permission from the manager. 0 -
quote:Originally posted by Smitty500mag
Keep all of your stuff in the hanger that you rented. And if you want to park something outside temporarily get permission from the manager.
So, to you this part means what?
No storage of airplanes, boats, cars, trucks, trailers, or mobile homes is permitted outside of the Lessee hangar or anywhere on XXXXXXXX-XXXXX Airport property,
The words "Airport Property" should carry some meaning, no?0 -
quote:Originally posted by bpost
quote:Originally posted by Smitty500mag
Keep all of your stuff in the hanger that you rented. And if you want to park something outside temporarily get permission from the manager.
So, to you this part means what?
No storage of airplanes, boats, cars, trucks, trailers, or mobile homes is permitted outside of the Lessee hangar or anywhere on XXXXXXXX-XXXXX Airport property,
The words "Airport Property" should carry some meaning, no?
The way I read it is anything outside of your hanger you must get permission from the manager to park it there temporarily and only in the designated areas.0 -
quote:Originally posted by gunnut505
quote:Originally posted by bpost
Below is one of several clauses in the poorly written lease for hangers at our airport. I replaced the airport name with X's to protect the innocent, none of which happen to be Gallia County OH Commissioners.
No storage of airplanes, boats, cars, trucks, trailers, or mobile homes is permitted outside of the Lessee hangar or anywhere on XXXXXXXX-XXXXX Airport property, except designated parking areas for such vehicles or aircraft as temporary only parking and must have approval of the Airport Manager.
Based upon the comma's location after "property" and the exact wording of the sentence is it okay to store, boats, cars trucks, trailers or mobile homes there?
Yes, with the Airport, Manager's Approval,
And in the spots designated for them.0 -
quote:Originally posted by Mr. Perfect
quote:Originally posted by gunnut505
quote:Originally posted by bpost
Below is one of several clauses in the poorly written lease for hangers at our airport. I replaced the airport name with X's to protect the innocent, none of which happen to be Gallia County OH Commissioners.
No storage of airplanes, boats, cars, trucks, trailers, or mobile homes is permitted outside of the Lessee hangar or anywhere on XXXXXXXX-XXXXX Airport property, except designated parking areas for such vehicles or aircraft as temporary only parking and must have approval of the Airport Manager.
Based upon the comma's location after "property" and the exact wording of the sentence is it okay to store, boats, cars trucks, trailers or mobile homes there?
Yes, with the Airport, Manager's Approval,
And in the spots designated for them.
And only temporarily.0 -
Come on, guys. Hangar is spelled HANGAR! 0 -
quote:Originally posted by Barzillia
"No storage of airplanes, boats, cars, trucks, trailers, or mobile homes is permitted outside of the Lessee hangar or anywhere on XXXXXXXX-XXXXX Airport property, except designated parking areas for such vehicles or aircraft as temporary only parking and must have approval of the Airport Manager."
The Airport Manager must approve any temporary parking of airplanes, boats, cars, trucks, trailers, or mobile homes in designated parking areas. No other storage is permitted outside of the Lessee hangar or anywhere else on airport property.
This is the way I read it too; except for the word "else". It does not say "else" it says on the property. In my way of reading it you can't store these items on the property unless you have the Airport Managers permission.0 -
Not getting into this. It's a contract and therefore not written in English. It is written in "lawyer" and that's not my field. 0 -
Look for the "Severability" clause, it's usually near the end.
Basically, it means that if one or more portions are deemed illegal or whatever; the rest of it stands.
Your facet in this is that your stuff is right next to the hangar that you rent, or somebody else's stuff is?
Are you considering initiating administrative procedures, based on feedback here?
Or what?0 -
quote:Originally posted by Rocky Raab
Not getting into this. It's a contract and therefore not written in English. It is written in "lawyer" and that's not my field.
Actually it was written by a goof ball Commissioner with a God complex in retaliation for the FAA telling him no. AOPA said it was the worst attempt at a lease they had ever had submitted for review. It has no severability clause and in numerous places it contradicts itself. There is no place to sign the lease, it says PRINT NAME!
We are working hard to get this Commissioner to remove his 45' motorhome, SUV's, business inventory, Carpet and cars from his hanger where they block his aircraft in. He foisted this lease upon us and nobody in Government will make him comply with it.0 -
No surprise. It doesn't have enough "aforesaids" or "parties of the first part" in it. And no Latin at all.
You say he's violating the very "contract" he wrote? Not the brightest bulb at the ballpark, is he?0 -
quote:Originally posted by Rocky Raab
No surprise. It doesn't have enough "aforesaids" or "parties of the first part" in it. And no Latin at all.
You say he's violating the very "contract" he wrote? Not the brightest bulb at the ballpark, is he?
He has a "do as I say and do not question me and what I do attitude". He is Commissioner David K. Smith DDs; and By His Command you will Obey Him for He is God of all things in His County.0 -
Would you store airplanes in a trailer park?
Helicopters in a marina?
Ultralights in a parking garage?0 -
He gave himself permission, what's the problem? 0 -
quote:Originally posted by mag00
He gave himself permission, what's the problem?
Thanks for asking!!!
https://www.faa.gov/airports/airport_compliance/hangar_use/
SECTION NINE
9. What uses are not permissible under the policy?
Uses not permitted include:
use as a residence;
operation of a non-aeronautical business, e.g., limo service, car and motorcycle storage, storage of inventory, and non-aeronautical business office;
activities that impede the movement of the aircraft in and out of the hangar or other aeronautical contents of the hangar;
activities that displace the aeronautical contents of the hangar or impede access to aircraft or other aeronautical contents of the hangar;
storage of household items that could be stored in commercial storage facilities;
long-term storage of derelict aircraft and parts;
storage of items or activities prohibited by local or state law;
storage of fuel and other dangerous and Hazmat materials; or
storage of inventory or equipment supporting a municipal agency function unrelated to the aeronautical use.
NOTE::::::::::::::::::: Bold highlight is mine.
16. If there is no unsatisfied aviation demand for hangars, can they be leased to generate revenue from non-aeronautical uses?
If a sponsor has empty aeronautical use hangars for which it has no current aeronautical demand, it may seek FAA approval to lease those hangars to non-aeronautical tenants in one of two ways.
Option 1. When a sponsor wants to lease aeronautical hangars to a tenant for an extended time period (usually 3 to 5 years), it can request FAA approval for interim non-aeronautical use of a hangar until there is demand for an aeronautical purpose. The sponsor must charge a fair market commercial rental rate for any hangar rental or use for non-aeronautical purposes.
Option 2. A sponsor may also request FAA approval of a leasing plan for the lease of vacant hangars for non-aeronautical use on a month-to-month basis. Once the sponsor receives initial FAA approval, it may lease the open space for consecutive 30-day periods without further approval. The sponsor must charge a fair market commercial rental rate for any hangar rental or use for non-aeronautical purposes.
Aeronautical use must receive priority and accommodation over non-aeronautical use, even if the rental rate would be higher for the non-aeronautical use.
NOTES:::::::::::::::::::::::::::::::::
KXXX does not have the required permission from the FAA as described in the highlighted part of paragraph one(1) and further spelled out on OPTION 2 (highlighted).
Fair market price is what secure storage in a private storage facility would cost. That cost is aprox. $350 a month for 1,000 square feet in our area, more for high doors to clear his bus motor home.0 -
Am I understanding then that the lease is not in compliance with the faa rules? Should be an easy fix. [;)] (operative word "should") 0
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