HomeMy WebLinkAboutC88-078 First Amendment to FBO with Vail Beaver Creek Jet CenterBoard of County County of Eagle 551 Broadway Eagle, Colorado August 8, 1988 Commissioners 81631 :,, t� Re: Exercise of option to lease additional property owned by Eagle County pursuant to Section 6 of that certain First Amendment to Fixed Base Operator Concession Agreement and Lease dated July 26, 1988, (the "First Amendment ") by and between the County of Eagle, State of Colorado, a body politic, acting by and through its Board of County Commissioners ( "County ") and Vail Beaver Creek Jet Center, Inc., a Delaware corporation ("Operator"). Gentlemen: Pursuant to Section 6 of the First Amendment, the Operator hereby exercises its option to operate a concession on and to lease the property owned by the County described on Exhibit A hereto (the "Additional Parcel "). The Additional Parcel shall be added to the premises leased by the Operator pursuant to the Fixed Base Operator Concession Agreement and Lease dated August 1, 1986, between the County and Howard Air Services, Inc. ( "AGreement "), which AGreement has been assigned to Operator, subject, however, to the condition that for a period of two years, in lieu of the payment of rent for the Additional Parcel, Operator shall undertake to pave those certain ramp areas as shown on the attached Exhibit A. The County notice of the Operator shall subsequent to t and Operator agree that this letter merely is a exercise of the option and that the County and the undertake to amend the Agreement, as necessary, he exercise of this option. Lza VAIL BEAWERCREEK JET CENTER, INC. errM Black, its Vice President The County hereby agrees to the exercise of this option and the conditions contained herein. 01 i;�� COUNTY OF EAGLE STATE OF 414 B and Through Its i*.•,,,...... » 2Or COLORADO, Y g TEST: y= BOARD OF COUNTY COMMISSIONERS %O - e k of the and of By: Georg A tes,�C airman County Commissioners . -1 E �t loe rJ �4fta1/ ha•"� � � �: e � p3C Pose app /QA,qar -• A o Ilk Ale pro V$Fj �{ o Y5 x AA p ewa• }( rea �._ 8 4 7 PAGE-L_ - AUG 4 1217 PM TV FIRST AMENDMENT TO FIXED BASE OPERATOR CONCESSION AGREEMENT AND LEASE Howard THIS FIRST AMENDMENT TO FIXED BASE OPERATOR CONCESSION C88- 78 -17' AGREEMENT AND LEASE (the "First Amendment ") made and entered into this day of 1988, by and between the County of Eagle, State of Colorado, a body politic and corporate, acting by and through its Board of County Commissioners ( "County ") and VAIL BEAVER CREEK JET CENTER, INC., a Delaware corporation ( "Operator "). PRELIMINARY STATEMENT A. The County and Howard Air Services, Inc. have entered into a Fixed Base Operator Concession Agreement and Lease dated August 1, 1986 . (the "Agreement ") whereby the County granted to said party a concession to operate as a fixed base operator at the Eagle County Airport, Eagle County, Colorado and leased to said party the property described on Exhibit A hereto for the �f purpose of enabling said party to fulfill its obligations as a fixed base operator. The right, title and interest of Howard Air Services, Inc. in the Agreement has heretofore been assigned to Operator. B. The Agreement has heretofore been amended and modified by the instruments identified on Exhibit B hereto. C. County and Operator desire to further amend the Agreement as hereafter provided in this First Amendment. I- A. C", NOW, THEREFORE, in consideration of the premises and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the County and Operator agree that the Agreement is modified and amended as follows: 1. Obligations of Operator. A. Paragraph I.A.13 of Article Seven is hereby amended to read as follows: "13. Attendants to direct aircraft to loading and parking areas, to tie down the aircraft, to fuel aircraft, to clean windshields, to assist in removing snow from parked aircraft, and generally to provide friendly and courteous service. Such attendants shall wear uniforms proscribed by Operator so that they may be easily identified and present a professional appearance." B. The County acknowledges that items A, B, C and D of Paragraph IV of Article Seven have been provided by Operator to the satisfaction of the County. Operator is required to maintain its facilities as described in the above described items A and D. C. Operator will supply fuel on the north side of the N 0 airport provided Operator may use two -way radio communications �%f and may cross over the runways to provide this service if not prohibited by an applicable FAA rule or regulation. 2. Revenue and Charges. A. Notwithstanding the provisions of Paragraph B of Article Ten, Operator shall not be obligated to pay the County eight cent ($0.08) per gallon on aviation fuel sold or disbursed by Operator to commercial airlines, until the County imposes such - 2 - kx a charge on Operator to be collected from commercial airlines. B. The date 1991 in Paragraph E of Article Ten is changed to 1993. The County acknowledges that in order to pay the County the percentage rental specified in Paragraph E of Article Ten, the Operator will charge the percentage rental amount to all business conducted and carried on by Operator at the Airport, except where Operator is not obligated to pay percentage rental as provided in said Paragraph E. The County authorizes Operator to refer to any such charge as an "airport fee" or "airport assessment ". 3. General Operating Provisions. A. The second paragraph of Paragraph A of Article Eleven is hereby amended to read as follows: - 3 - "The County reserves the right to further develop or improve the Airport as it sees fit, regardless of the desires or views of Operator, and without interference or hindrance, except that the County may not arbitrarily violate or unreasonably diminish Operator's rights as provided elsewhere in this Agreement except on a temporary basis which would not have a material adverse effect on Operator or diminish its ability to perform the obligations undertaken by it .hereunder; provided, however, that any general or partial closure of any public aircraft facilities for the purpose and dura- tion of construction or repair shall not be considered a violation or diminishing of Operator's rights or ability to perform so long as any public aircraft facilities are reasonably available to Operator, or if no public aircraft facilities are available to Operator such condition does not exist for more than two (2) consecutive dej�s•nor more we' k� 4 - 3 - ekt 11�ek-,&, than three ( 3 ) daye in a five ( 5) -aay period." B. The last two sentences of the next to last paragraph of Paragraph A of Article Eleven are hereby amended to read as follows: "The County further reserves the right to inspect Operator's books and to procure such additional financial information as may rea- sonably be required by the County in order to determine the accuracy of the amounts paid by Operator to the County under this Agreement. Notices shall be provided to Operator by the County at least forty -eight hours in advance to inspect Operator's books and records, as permitted pursuant to this paragraph." C. The last paragraph of Paragraph A of Article Eleven is hereby amended to read as follows: "Non- compliance with this subsection shall constitute a breach or default of this agreement and should such non - compliance continue for fifteen (15) days after notice thereof has been given to Operator the County shall have the right to terminate this Agreement, or at the election of the County or the United States or both of said governments, shall have the right to enforce judicially this subsection ". D. The first sentence of Paragraph B of Article Eleven is amended to read as follows: - 4 - "Operator shall use the leased premises solely for Airport purposes as set forth herein, except as otherwise provided in this Agreement, and in so doing shall enforce and comply with all applicable laws of the State of Colorado and the United States of America; and the reasonable rules and regulations of the County of Eagle as well as any and all bureaus, departments and agencies of said County, State of Colorado or the United States of America, as they may be amended - 4 - from time to time, provided the same do not constitute an amendment of this Agreement." E. The first sentence of Paragraph F of Article Eleven is hereby amended to read as follows: "Operator shall not erect, maintain or dis- play any external sign or other advertising on the leased premises without first obtaining the approval of the County, which approval shall not be unreasonably nor untimely withheld, provided any sign shall comply with the sign requirements promulgated by the County. 4. Leasehold Financing.- The following is added generally to Article Twelve: B. In the event that Operator shall exercise its option under Article Two of the Agreement to renew the term of the Agreement "A. Each of the rights afforded to Operator under the Agreement to assign, transfer, encumber, pledge and otherwise hypothecate its leasehold estate in and to the Demised Premises shall also apply to the concession granted to Operator under the provisions of Article One of the Agreement (the "Concession "). Subject only to limita- tions contained herein, Operator shall be entitled, in accordance with the terms of this Article Twelve to mortgage and collat- erally assign the Concession to Mortgagee as security for any loan made by Mortgagee to Operator. In the event of foreclosure or other exercise by Mortgagee of its rights under the instruments securing such loan, Mortgagee or any other purchaser at a fore- closure sale shall be entitled to acquire and hold the Concession and to subsequently assign the same to a party or parties who Jn acquire Operator's leasehold estate in the Demised Premises and who satisfy all require- ''' ments of law applicable to the operation of a fixed base operation at the Airport, including the Minimum Requirements for Commercial Aviation Services and Activities as set forth in Exhibit A. B. In the event that Operator shall exercise its option under Article Two of the Agreement to renew the term of the Agreement the Concession will be automatically deemed renewed for an equivalent period. C. The County will deliver to Mortgagee, simultaneously with the delivery thereof to Operator a copy of any notice given in accordance with Article Three of the Agreement of the County's intention to lease either "Parcel B" or "Parcel C" to a third party, if the Mortgagee has made such request in writing, and provided an address for such notices to be sent. D. Notwithstanding the provisions of Article Four or any other section of this Agreement, in the event that Mortgagee or any other purchaser at a foreclosure sale should succeed to Operator's rights under the Agree- ment, no default shall be deemed to have occurred under Article Four or any other section of this Agreement by reason of the failure of Mortgagee or such purchaser to hold all licenses and permits necessary for the operation of a fixed base operation at the Airport. Mortgagee and /or such purchaser will have the right, to assign the Concession (and the leasehold estate in and to the Demised Premises) to any party or parties holding such licenses and permits with the written consent of the County, which consent shall not be unreasonably withheld. In addi- tion, from and after the commencement of foreclosure proceedings or other exercise of remedies by Mortgagee, and during any sub- sequent period during which Mortgagee or any other purchaser at a foreclosure sale is attempting to locate an assignee or trans- feree of the rights of Operator under the Agreement, but in no event later than two hundred seventy (270) days after the con - clusion of the foreclosure proceedings and the taking of possession by Mortgagee or such purchaser, Mortgagee and /or any such purchaser shall be relieved of any operating responsibility as described in Article Nine of this Agreement. Nothing in this paragraph D shall prevent the County from exercising a'ny right afforded to the County under the provisions of this Agreement to take possession of and to operate the Demised Premises as a fixed base operation pending the assignment of the Concession by Mortgagee C or by any other purchaser sale to a party or parties licenses and permits. at a foreclosure holding such E. Any rights of the County to terminate the Agreement under the provisions of Section 5.H.3. of this Agreement are subject to the notice and curative rights of Mortgagee set forth in Article Twelve of this Agreement. F. No portion of the proceeds of any financing, sale, or other transfer or disposition of the Demised Premises or the Concession shall be payable to the County by virtue of the provisions of Section 10.E. of this Agreement, or otherwise; provided, nothing, in this paragraph F shall prevent the County from asserting any right which may exist at law to recover from such proceeds any rental payments or other sums then due and payable to the County under the provisions of this Agreement. G. Any rights of the County to terminate this Agreement or to pursue any other remedy in accordance with the provisions of the last paragraph of Section ll.A are subject to the notice and curative rights of Mortgagee set forth in this Article Twelve. H. For purposes of the requirements con- tained in the paragraph which, in accordance with the provisions of Section 12.8.1. of this Agreement, is to be incorporated in any mortgage of Operator's leasehold estate and other rights under this Agreement, it will be sufficient if the purchaser of Operator's interest under the Agreement, or the person, firm or corporation to whom or to which such purchaser's right has been assigned, shall evidence its assumption of Operator's obliga- tions either in the instrument transferring the interest of Operator under the Agreement or in a separate agreement delivered to the County. I. Section 12.C.2. of this Agreement provides that, notwithstanding the provisions of Section 12.C.1., no default by Operator shall be deemed to exist as long as a Mortgagee in good faith, shall have commenced promptly to take certain actions contemplated - 7 - IRR deleted. C; B. Paragraph J of Article Twenty -Two is hereby C. Notwithstanding the provisions of Paragraph N of Article Twenty -Two, Operator shall have the right to sublease a portion of the facility for non - aviation related purposes, pro- vided and to the extent such sublease does not have a term in excess of three (3) years and complies with the terms of any applicable Federal grant or rules or regulations. Preference in leasing shall be for aviation or aviation related purposes. 6. Option to Lease Additional Space The County hereby grants to operator the right to operate a concession on and to lease the property owned by the County described on Exhibit C hereto (the "Additional Parcel "), on the terms and conditions hereafter set forth. Such option may be exercised by notice given to the County at any time prior to August 1, 1989 (the "Expiration Date ") Upon exercise of the option, the Additional Parcel shall be added to the premises and all of the terms and provisions of the Lease shall be applicable to the Additional Parcel, provided that rent for the Additional Parcel shall not commence until the first to occur of (i) completion of construction by Operator of a hanger on the Additional Parcel or (ii) one year after Operator's notice of exercise of the option is given to the County. Operator shall substantially complete the building within thirteen (13) months after the exercise of the option. Notwithstanding anything to the contrary herein, the exercise of the option shall be revoked if Operator fails to Cy. commence construction of a hanger on the Additional Parcel within one (1) year after Operator's notice of exercise of its option was given to the County. 7. Public Terminal Lease. It is agreed that in the event the County fails to perform any of its covenants under the Public Terminal Lease described on Exhibit B hereto, such failure shall not result in a default under the Agreement. 8. Ratification. The Agreement, as herein modified and amended, is hereby ratified and confirmed and in full force and effect. .9. Use of the Term Operator. For purposes of incorporating the terms of this First Amendment into the Agreement, the term "Howard" shall mean Operator. In Witness Whereof, the parties have executed this First Amendment the day and date first above written. COUNTY OF EAGLE, STATE OF COLORADO ( "COUNTY ") &mow 9 VAIL BEAVER CREEK JET CENTER, INC. a Delaware Corporation ( it By It by Section 12.C.2 and shall thereafter diligently proceed to prosecute such actions. For this purpose, the County acknowledges that such actions shall be deemed to have been commenced promptly so long as such actions are commenced within thirty days following the expiration of the ten -day period referred to in Section 12.C.1. of this Agreement. J. The reference in Section 12C.3. of this Agreement to the notice mentioned in "Section B.1." is intended to refer to the notice requirement set forth in the introductory language of Section 12.B. K. Notwithstanding the provisions of Article Fifteen of this Agreement, the consent by the County shall be required in connection with an assignment of this Agreement arising out of a foreclosure or deed in lieu of foreclosure, which consent shall not be unreasonably withheld. L. Nothing contained in Article Thirty shall negate, modify or otherwise affect the rights of Mortgagee under the provisions of this Agreement or this First Amendment. M. Notwithstanding anything in Article Twelve to the contrary, the Mortgagee shall not be obligated or required to cure any default of Operator which by its nature is not susceptible of being cured by Mortgagee. N. With respect to the loan heretofore made by Operator to Textron Financial Corporation ( "Lender "), in the event of a conflict between the provisions of this Section 4 and the Estoppel Certificate and Agreement dated -June 29, 1987 executed by the County, the provisions of said Estoppel Certificate shall prevail ". 5. Facility; Leasehold Improvements. A. The County acknowledges that the facilities required in Paragraphs B, C and D of Article Twenty -Two have been constructed by Operator to the satisfaction of the County. J m te=a, PARCEL A A PARCEL OF LAND DESIGNATED AS "PARCEL A," LOCATED WITHIN THE EAGLE COUNTY AIRPORT PROPERTY, LOCATED IN TRACT 57, SECTION 3, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT CENTERLINE STATION 0 +00 FOR RUNWAY 7/25 AN EXISTING 2" ALUMINUM CAP FROM WHICH CORNER NO. 2 OF TRACT 54 AN EXISTING BRASS CAP MONUMENT BEARS S.28 0 52'34 "E. 911.36 FEET DISTANT, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S.81 °56'58 "W. BETWEEN CENTERLINE STATION 0 +00 AND CENTERLINE STATION 16 +75 AN EXISTING YELLOW PLASTIC CAP #14057 OF RUNWAY 7125, THENCE ALONG THE CENTERLINE OF RUNWAY 7/25 S.81 °56'58 "W. 1582.37 FEET, THENCE DEPARTING SAID CENTERLINE TO THE LEFT AT 90° S.08 0 03'02 "E. 845.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE S.08 °03'02 "E. 80 FEET, THENCE S.81aSS'58'W. 60.00 FEET, THENCE S.08 03'02 "E. 338.00 FEET, THENCE S.81 056'58 "W. 500.00 FEET, THENCE ° N.08 03'02"W. 418.00 FEET, THENCE N.81 056'58 "E. 560.00 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL "A" CONTAINS 213,800 SQUARE FEET MORE OR LESS. EXHISITA '- Page 1 of 3 < � r PARCEL B A parcel of ground located at the Eagle County Airport located in section 3, Township 5 South, Range 85 West, of the 6th Principal Meridian. All measurements are at 90 degrees left or right of centerline stationing for Runway 7/25 with 0 + 00 being the East end and proceeding to the West end along the bearing of South 81 degrees, 56 minutes, 58 seconds West. Station 0 + OO.being located North 21 degrees, 53 minutes, 25.5 seconds West, a distance of 2293.55 feet from the Southeast corner of said Section 3. Said Parcel "B" is rectangular in shape 418 feet wide by 250 feet long, with the true point of beginning being located 845 feet left of station 21 + 32.50, thence proceeding 418 feet to a point 1263 feet left of the same station 21 + 32.50, thence 250 feet to a point 1263 feet left'of 23 + 82.50, thence 418 feet to a point 845 feet left of the same station 23 + 82.50, thence 250 feet back to the true point of beginning. Said Parcel "B" containing 104,500 square feet, more or less. E X H I B" IT AV Page 2 of 3 PARCEL C A parcel of ground located at the Eagle County Airport located in section 3, Township 5 South, Range 85 West, of the 6th Principal {Meridian. All measurements are at 90 degrees left or right of centerline stationing for Runway 7/25 with 0 + 00 being the East end and proceeding to the West end along the bearing of South 81 degrees, 56 minutes, 58 seconds West. Station 0 + 00 being located North 21 degrees, 53 minutes, 25.5 seconds West, a distance of 2293.55 feet from the Southeast corner of said Section 3. Said Parcel "C" is rectangular in shape, 418 feet wide by 250 feet long, with the true point of beginning being located 845 feet left of station 23 + 82.50, thence proceeding 418 feet to a point 1263 feet left of the same station 23 + 82.50, thence 250 feet to a point 1263 feet left of station 26 + 32.50, thence 418 feet to a point 845 feet left of the same station 26 + 32.50, thence 250 feet back to the true point of beginning. Said Parcel "C" containing 104,500 square feet, more or less. EXHIBITA Page 3 of 3 V- ~ ADDENDUM #1 TO FIXED BASE OPERATOR CONCESSIONS AGREEMENT AND LEASE AGREE4 NT DATED AUGUST 1, 1986 Eagle County reserves the right, and Howard acknowledges the County's right, to use, install, and maintain underground utilities in the area from the Northern most edge of Parcels A, B, and C, to a line thirty ( 30 ) feet to the South of said Northern boundary of said parcels. The County agrees to repair and restore any surface improvements installed by Howard which may be damaged or destroyed by the County or its agents in its use, maintenance, or installation of underground utilities pursuant to the rights reserved in this Addendum. Any work done in said easement shall be done in as prompt and as efficient a manner as possible, so as to minimize any interference with the operation of Howard's F.B.O. M1� q-q Dated August , 1986. HOWARD AIR SERVICES, INC. By Charles COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS BY= Donald H. Welch, hairman HIBIT EX l C87- 41 -17! SUPPLEMENTAL AGREEMENT Regarding Offsetting Payments This agreement made the 16th day of £1rFQr;=y, 1987. This agreement is to supplement - and during the period it is in force, be considered a part of - the agreements between Howard Air Service, Inc. (hereinafter "Howard "), and the County of Eagle, State of Colorado, acting by and through its Board of County Commissioners (hereinafter "the County "), dated August 1, 1986, and entitled "Fixed Base Operator Concession Agreement and Lease," and the agreement dated March � Y 16th , 1987, entitled "Public Terminal. Lease Agreement." -. In consideration of mutual covenants contained herein, the parties agree as follows: 1. The term of this agreement shall be the same as the "Public Terminal Lease Agreement." 2. The parties agree that all payments to be made to the County pursuant to the terms of the "Fixed Base Operator Concession Agreement and Lease," or pursuant to the management portion of the "Public Terminal Lease Agreement," shall be paid on a quarterly basis, with the quarters being January through March, April through June, July through September, and October through December. These quarterly payments shall be due on or before the 15th day of the first month following the end of the quarter. Howard shall be allowed to deduct from its payments all payments due and owing from the County during the same quarter, pursuant to the "Public Terminal Lease Agreement." In the event the amount owed by the County exceeds the amount owed by Howard, Howard shall bill the County for the difference, by the 15th day of the first month following the end of the quarter and the County shall pay the amount billed within 30 days. It is the intent of the parties that by virtue of the provision hereinabove, during the term of this agreement funds shall be paid quarterly instead of monthly as provided in the agreement referred to hereinabove. And that the obligations of the parties shall be offset against each other, the smaller obligation being offset against the larger, and the difference paid to whom due as provided herein. K 3. However, monthly reports required of Howard by the Fixed Base Operation shall still be made as required by that agreement, even though no payment need be made at that time. 4. Howard shall also prepare quarterly statements which shall accompany any payment or bill as the case may be, setting forth an accounting of the offsetting obligations. 5. This agreement shall be modified only by written agreement of the parties. 6. This agreement is not assignable except with the prior written approval of the parties. '7. NOTICES: Any notice hereunder shall`be sufficient if sent by registered or certified mail addressed to the County at P.O. Box 850, Eagle, Colorado, 81631; or to Howard at the Address contained herein. 8. DISAGREEMENTS:' Shall there arise during the course of the term of this Agreement any disagreement about the lease or the conduct of the parties in relation thereto, the aggrieved party shall give notice to the other party of a meeting to be held at the offices of the County or other mutually agreed -place, not less than three nor more than ten days from the date of said notice, so that the parties may attempt to resolve their differences prior to any other action. 9. LAW: This Agreement shall be governed by the law of the State of Colorado. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their proper officers acting with full authority of the respective parties, this 16th day of • ='4s.= March, 1987. � HOWARD AIR SERVICES, INC. AT'U7 ST . BSecre r By= , �._ , y Presider SEAL) -2- ATTEST: 3 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF— S_OUNTY COMMISSIONERS By; " ,�j,�'7 By: Clerk of the Board of` County Commissioners (SEAL) s y: 6i,4 0 {. 'd•� �;�� . ~tom-• i 744 At • j k r: -3- rd Gustafson, Chairman ....._ ,• t� � nor: �- � ' C87 -87 -17 ,i i LEASE ADDENDUM AND MODIFICATION MODIFYING AGREEMENT AT BOOR 463, PAGE 3603eC, JOHNN'TTE r1 +tLLlF;' PAsc. 155 EAGLE CTY. RECCFZb€ii 756 JUN In 1137 AY '8 7 This lease addendum and modification is entered into by the County of Eagle, State of Colorado, acting by and through its Board of County Commissioners; and Howard Air Services, Inc., a Colorado Corporation. The purpose of this addendum is to correct an error in the description attached to the original agreement entitled "Fixed Base Operator Concession Agreement And Lease Between The County of Eagle, State of Colorado, and Howard Air Services, Inc.," dated August 1, 1986, and recorded at Book 463, Page 756, of the Records of the Eagle County Clerk and Recorder; and to add some additional property to the lease. In consideration of the mutual promises contained herein the parties agree: 1. That the original lease shall be modified in that Exhibit A contained in the original agreement described above shall be replaced by the Exhibit A which is attached hereto, and by this agreement becomes a part of the original lease ab initio. 2. That the amount of the base rent litd r' se on page 13, ^1 Paragraph D, shall also be amended because of the increase in square footage. The square footage as a result of this agreement is 213,800 square feet, resulting in a total annual area use rent of $26,297.40 (Twenty -Six Thousand Two Hundred Ninety -Seven Dollars and Forty Cents) per year, payable in twelve equal monthly installments of Two Thousand One Hundred Ninety -One Dollars and Forty -five Cents ($2,191.45). 3. All other provisions of the original agreement except those specifically modified by this agreement shall remain in full force and effect. DATED: ATTEST: June 10, 1987. k of the Board of� ty Commissioners HOWARD AIR SERVICES, INC. By: Presidl�_,t' COUNTY OF EAGLE, STATE OF COLORADO B and Through Its BOARD O DO COU Y COMMISSIONERS By: r L. rman o �vn June 10, 1987. k of the Board of� ty Commissioners HOWARD AIR SERVICES, INC. By: Presidl�_,t' COUNTY OF EAGLE, STATE OF COLORADO B and Through Its BOARD O DO COU Y COMMISSIONERS By: r L. rman , . C EXHIBIT A PARCEL A L A PARCEL OF LAND DESIGNATED AS "PARCEL A," LOCATED WITHIN THE EAGLE COUNTY AIRPORT PROPERTY, LOCATED IN TRACT 57, SECTION 3, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT CENTERLINE STATION 0 +00 FOR RUNWAY 7/25 AN EXISTING 2" ALUMINUM CAP FROM WHICH CORNER NO. 2 OF TRACT 54 AN EXISTING BRASS CAP MONUMENT BEARS S.28 0 52'34 "E. 911.36 FEET DISTANT, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S.81 °56_:58 "W. BETWEEN CENTERLINE STATION 0 +00 AND CENTERLINE STATION 16 +75 AN EXISTING YELLOW PLASTIC CAP #14057 OF RUNWAY 7/25, THENCE ALONG THE CENTERLINE OF RUNWAY 7/25 S.81 °56'58 "W. 1582.37 FEET, ° ° THENCE DEPARTING SAID CENTERLINE TO THE LEFT AT 90 S. 08 845.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE 5.08 °03'02 "E. 80 FEET, THENCE S. ° , 81056'58'W. 60.00 FEET, THENCE S.08 °03'02 "E. 338.00 FEET THENCE S.81 °56'58 "W. 500.00 FEET, THENCE N.08 03'02"W. 418.00 FEET, THENCE N.81 056'58 "E. 560.00 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL "A" CONTAINS 213,800 SQUARE FEET MORE OR LESS. s a �788 600K_....?. � I Ii,7 -r'r 7,1 fILLI:P Fj _0%6LL OTY. r ECORDLEF- f A= a ZZ 10 00 8t' EXHIBIT "D" to the FIXED BASE OPERATOR CONCESSION AGREEMENT AND LEASE Between THE COUNTY OF EAGLE, STATE OF COLORADO and HOWARD AIR SERVICES, INC. Which Agreement and Lease was recorded on June 3, 1987, in Book 463, Page 756, Reception No. 359982, in the Records of the Eagle County Clerk and Recorder. t a w EXHIB IT a MINIMUM STANDARDS AND REQUIRRMEN*rS FOR THE CONDUCT OF COMMERCIAL AERONAUTICAL SERVICES AND ACTIVITIES AT EAGLE COUNTY AIRPORT . TOPICAL INDEX GENERAL SECTION ONE (i) PAGE I. Introduction ............................. II. Statement of Policy...... ,,, .2 ..... ................... -3 III. Commercial General Aviation Operator (Definition) .... 4 A. Aircraft Line Services... -5 .4 B. Aircraft Airframe and Engine Repair andMaintenance ..... ............................5 -6 IV. Prequalification Requirements ....................... 7 A. Intended Scope of Activities ....................7 B. Financial and Managerial Responsibility and Capability .... ..............................8 C. Experience ........ ..............................8 D. Bond ........... ............................... .8 V. Lease and Operations Agreement.. .......9 A. Requirement of a Written Agreement ..............9 .B. Site Development Standards ......................9 -11 C. Insurance ............. ..........................11 -12 (i) PAGE D. Motor Vehicles at Airport ................:...... 12 -13 E. General Lease Clauses . ..........................13 -16 SS. Subleases .......... .............................16 TT. Flying Clubs ....... .............................17 UU. Aircraft for Clubs. .... o ..... 17 ... o-o ....... VV. Violations relating to Clubs...... ...........17 WW. Insurance for'Clubs ................... ........17 -18 VI. Combined Operation Between A.S.O. and A.S.O.'or A.S.O. and F.B.O ................. ..................18 FIXED BASE OPERATOR r) SECTION TWO I. Services or Activities F.B.O. required to provide....19 A. Aircraft Line Services.... ..... o--o--o .......... 19-20 II. F.B.O. Standards ........ .............................20 A. Aircraft Line Service Activities ..... . .......... 20 -21 B. Ramp Parking and Tie - Down :...................... 22 C. Crew and Passenger Lounge Facilities .... . ... ....22 D. Public Restrooms and Telephone Facilities... 22 -23 .... III. Aircraft Airframe, Engine Repair and Maintenance Activities.............. .............................23 A. Required Work Space...... .....................23 B. Required Storage Space...... ... .23 ................ Q�4 C. Required Shop Space .................... .23 D. Required F.A.A. airframe and Power Plant ....... .23 Mechanic (ii) J. d/ /L\ - PAGE IV. Minimum Land and Improvements ........................23 A. Minimum Land Required ...........................23 B. Building Improvements . ..........................23 -24 C. Paving and Building Requirements ................24 V. Lease Requirements ...... .............................24 A. Ground Lease Rates for Unimproved Land.......... 24 -25 B. Ground Lease Rates for Improved Land...`........25 C. Flowage Fee ................. ..................25 D. Year Span of Lease ..................... .......25 E. "Cost of Living" Increase ....................... 25 F. Rate for Aircraft Parking ....................... 25 G. Payment of Rental Fees .......................... 25 H. Payment of Taxes and Assessments .......... 25 -26 ........ I. Payment of Utilities ............................26 J. Building Maintenance ............................26 K. Improvements to Leased Premises .................26 L. Maintenance of Improved Premises ................26 M. Sublease Agreements.. .... ....... o ...... oo ...... 26 N. FBO or ASO Required Liability Insurance ......... 26 O. Environmental Conformities... 26 .... ........ P. Minimum Environmental Standards as Integral to Lease ............................27 Q. Landscaping......... ..........................27 R. Non - discrimination Clause regarding race, religion._-­­­ ......... _27 (iii) LO 0 i PAGE S. Non - discrimination Clause a y for Services allowing Discounts for Volume Purchasers .................27 rr LO 0 i PAGE S. Non - discrimination Clause for Services allowing Discounts for Volume Purchasers .................27 T. Non - discrimination Clause for Public ............. 27 U: Non - compliance with Non - discrimination Clauses as Cause for Breach of Contract .................27 -28 V. Non - discrimination Clause required for Sub - lessee.. . ................... .28 W. Right of County to Improve Landing Area......... 28 X. Right of County to Improve Facility .............28 & Not Be Obligated to Lessee for Repairs Y. Lease Requirements Shall be Subordinate to above Provisions .............................28 AA. County does not grant exclusive rights .......... 28 -29 BB. Right of Flight of Passage ......................29 CC. Agreement to not allow structure over 35 feet ... 29 DD. Agreement to not interfere with Airport Activities .........................29 EE. Rights of the United States Government .......... 29 FF. Affirmative Action Program to enforce Non - discrimination .... ..........................29 -30 VI. Airfield Access and Security .......... ...............30 VII. Insurance .................. ..........................30 -31 TY F � M"aa (iv) y r SECTION THREE AVIATION SHOP OPERATOR PAGE AVIATION SHOP OPERATOR REQUIREMENTS .......................32 I. Statement of Concept .... .............................32 IIMinimum Standards............ ........ .32 -33 ............... III. Repair Station Certificates.. ...... .33 ................. IV. Insurance Requirements....... ... .. ... ....'.........33 V. Hours Services must be Made Available ................33 VI. Requirements regarding Trained Personnel .............33 C4 0 SPECIALIZED COMMERCIAL FLYING SERVICES ....................33 A. Statement of Concept.. ............ .33 -34 B. Minimum Standards .. .............................34 C. Requirement of airworthy aircraft ................ 34 -35 D. Operator Required Insurance Coverage ............ 35 E. Contact point for Public ........................ 35 -36 F. Required Work Hours of Trained Personnel ........ 36 VII. Flight Training ......... .............................36 A...-Statement of Concept ............. ..............36 B. Minimum Standards .............................. 36 -37 C. Requirement for Services to be Available, ....... 37 V' D. Requirement for full time flight instructor ..... 37 �Y C E. Requirement for part time flight instructor ..... 37 AIRCRAFT SALES ................. :............................ 38 IX. Minimum Standards ....... .............................38 (v) IN 0 ell rt a PAGE (vi) A. Required Storage Space ...........................38 B. Repair and Service ............... .............38 C. Insurance ........ ............................... 38 -39 X. Aircraft Airframe and Engine Maintenance andRepair .............. .............................39 XI. Statement of Concept .... .............................39 XII. Minimum Standards .. .... .............................39 A. Required Space ......................... .......... 39 -40 B. Required Equipment, Supplies, and Part Availability ......... ...................40 C. Insurance.... o .... o ....... o ................... o.40 D. Required Hours ..... .............................40 E. Required Employees ...................... . ....... 40 -41 XIII. Aircraft Rental .... .............................41 A. Statement of Concept ............................41 B. Minimum Standards. .......... o--o ....... o .... o ... 41 C. Required Number of Aircraft Rental ..............41 D. Insurance... o-----o ..... o ....................... 41-42 E. Operating Hours..... ...' .........................42 F. Required Personnel.. ....., .......................42 XIV. Aircraft Charter and Air Taxi Service., ............... 42 A. Statement of Concept ..... : ......................42 B. Minimum Standards ........ . ....................... 42 -43 C. Required Number of Aircraft .....................43 D. Insurance., ..................................... 43 E. Operating Hours ....... ..........................43 -44 (vi) MV �yA F. Required Number of Trained Personnel ...... : ..... 44 G. Air Taxi Companies not Based ....................44 on Eagle County Airport (V11) 0 PAGE OA s Commissioner �.US%r-/ =S cA move3 radoption of the following reso ution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION No. 86- ":9-0 RESOLUTION ENACTING MINIMUM STANDARDS AND REQUIREMENTS FOR THE CONDUCT OF COMMERCIAL AERONAUTICAL SERVICE AND ACTIVITIES AT THE EAGLE COUNTY AIRPORT. WHEREAS, pursuant to Sections 30- 11- 107(1)(j) and 41 -4 -106, respectively, C.R.S., the Board of County Commissi� on- ers, County of Eagle, State of Colorado hereinafter referr'd to as the "Board," has the power and jurisdiction to provide rules and regulations governing the use of the Eagle County �ir- port and facilities thereto and the use of other property an means of transportation within or over said airport, landingl/ field, and navigation facilities; to perform any duties neces" sary or consistent for the regulation of air traffic; and to exercise such powers as may be required or consistent in the promotion of aeronautics and the furtherance of commerce and navigation by air; and WHEREAS, the use of the Eagle County Airport has attained, and will continue to attract, a volume of traffic that requires supervision, regulation, and control to insure the best interest of the County; and WHEREAS, the use of reasonable minimum standards while safeguarding the public interest, has the additional effect of preserving the stability of established business; and WHEREAS, proper standards discourage the unqualified for the protection of both the established operator and the public; and WHEREAS, the Federal Aviation Administration has encouraged Eagle County to develop and publish minimum standards to be met by commercial operators; and WHEREAS the n Eagle Coi, g 'ntr ' :airport Cow- nission has wo=- '_;e-? .d for numerous hours and held public hearings with regard to minimum standards; and WHEREAS, the Board of County Commissioners held a public hearing on March 10, 1986, after publication of notice of said hearing in the Eagle Valley Enter rise on the "Minimum Standards And Requirements For The Conduct0Commercial Aeronautical Services And Activities At The Eagle County Airport" as proposed by the Eagle County Airport Commission; and g WHEREAS, the Board of County Commissioners has duly considered the comments received at said public hearing, as well as the written advisory comments received from the Federal Avia- tion Administration. NOW, THEREFORE, be it resolved that the "Minimum Standards For Commercial Aeronautical Services And Activites At The Eagle County Airport, Eagle, Colorado," a copy of which is marked Exhibit A and attached hereto and incorporated herein by reference, are enacted as the minimum standards and requirements for the Eagle County Airport. All operations shall be governed by said standards and requirements. Moved, Read and Adopted at its regular meeting of the Board of County Commissioners, County of Eagle;, State of Colorado, held this 11th day of March, 1986. COUNTY OF EAGLE, STATE OF COLORADO, By and Through its Board of County Commissioners e I�vA�dc o rya' y: By: erk to the Board o Donald H: Welch, Chairman County Commissioners f ,' Richard L 'Gus taf son Commis io ers By: Loughran, Commissioner Commissioner kt� �h r,4-1) seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch oll ob Commissioner Richard L. Gustafson Commissioner John F. Loughran The resolution passed by �4 -/��J� y�ote of the Board of County Commissioners of the County of Eagle, State of Colorado. -2- � ' I MINIMUM STANDARDS AND REQUIREMENTS FOR THE CONDUCT OF COMMERCIAL AERONAUTICAL SERVICES AND ACTIVITIES AT EAGLE COUNTY AIRPORT SECTION ONE - GENERAL I. INTRODUCTION. The Eagle County Board of County Commissioners (hereinafter referred to as the "County "), responsible for the admini- stration of the Eagle County Airport (hereinafter referred to as the "Airport "), and in order to foster, encourage, and ensure the economic growth and orderly development of General Aviation and related aeronautical activities at the Airport by ensuring adequate aeronautical services and facilities to the users of the Airport, has established certain standards and requirements for Commercial General Aviation Operators (hereinafter referred to as the "Opera- tor") at the Airport;.as herein provided: The following Sections set forth the Minimum Standards and Requirements for a person or persons, partnership, company, trust or corporation (hereinafter referred to as "Person "), based upon and engaging in one or more commercial aeronau- tical services and activities operation at the Airport. These Minimum Standards and Requirements are not intended to be all - inclusive as the Operator of a commercial venture who is based on the Airport will be subject additionally to applicable federal, state and local laws, codes, ordinances and other similar regulatory measures including Airport Rules and Regulations pertaining to all such activities. C° A written agreement, properly executed by Eagle County and the Operator, is a prerequisite to tenancy on the Airport and both the written agreement and tenancy are prerequi- sites to the commencement thereon of any of the Commercial Aeronautical Services and Activities herein contained and Exhibit A Resolution No. 86 -27 Q specified. The contract provisions, however, will be compatible with the Minimum Standards herein contained and will not change or modify the standards and requirements themselves. These Minimum Standards and Requirements may be included as part of all leases between the County and any Person desiring to be based on the Airport and engage in any commercial aeronautical services and activities. Information relative to rentals, fees and charges applica- ble to the aeronautical services included herein will be made available to the prospective commercial operators by the official representative of the County (hereinafter referred to as "Director of Public Works") at the time of application or during the contract negotiations. These Minimum Standard Requirements are not retroactive and do not bear on or affect any written agreement, properly executed prior to the date of adoption and approval of these same Minimum Standards and Requirements. These Minimum Standards may be revised as conditions may cv require. Verify with the Eagle County Director of Public Works that you have a complete and current document. These Minimum Standards may be supplemented and amended by the County, from time to time, and in such manner and to such extent as is deemed proper. Provided that prior to any amendment or supplement to these Minimum Standards, all Operators at the Airport will be given written notice of the proposed amendments and /or supplements and a hearing will be had, not less than ten (10) nor more than thirty (30) days after the date of said written notice, at which time any Operator may appear, in person or by counsel, and -state his objection, if any, to such proposed amendments and /or supplements. Provided further that no such amend- ments or supplements shall affect any contractual relation- ship currently existing between the County and operators. Provided finally that any lease, contract or agreement, entered -into with-applicant after the amended or supple- mented Minimum Standards are adopted by the County, shall be terminated or cancelled in the event of failure to comply with any modification or amendments to these Minimum Standards, after notice thereof shall have been given. II. STATEMENT OF POLICY. A fair and reasonable opportunity, without discrimination, shall be accorded to all applicants to qualify, and com- pete, in a public bid process, for available airport 6e4 facilities and the furnishing of selected aeronautical -2- Exhibit A Resolution No. 86 -27 services subject, however to the Minimum Standards and Requirements as established by the County as set forth herein for Commercial Aeronautical Ser--ices and Activities at the Airport. In all cases where the words "standards" or "requirements" appear, it shall be understccd that they are modified b1r the word "Minimum ". All operators will be encouraged to exceed the "minimum ". No operator will be allowed to operate under conditions below the "minimums ". Contingent upon its qualifications, its meeting the estab- lished Minimum Standards, the execution of a written agreement with the County, and the payment of prescribed rentals, fees and charges, the Operator shall have the right and privilege of engaging in and p onducting the activity or activities selected by it on the Airport as specified by the written contract. The granting of such right and privilege, however, shall not be construed in any manner as affording the Operator any exclusive right of use Cn of the premises and facilities and the Airport, other than those premises which may be leased exclusively to it, and then only to the extent provided in a written agreement. The County reserves and retains the right for the use of the Airport by others who may desire to use the same, pursuant to applicable federal, state and local laws, ordinances, codes, minimum standards and other regulatory measures pertaining to such use. The County further reserves the right to designate the specific Airport areas in which the individual, or a combination of, aeronautical services may be conducted. Such designation shall give consideration to the nature and extent of the operation and the lands and improvements available for such purpose, consistent with the orderly and safe operation of the Airport. -3- Exhibit A Resolution No. 86 -27 III. A Commercial General Aviation Operator is defined as a Person engaging in an activity which involves, makes possible, or is required for the operation of -aircraft, or which contributes to, or is required for the safe conduct and utility of such aircraft operations, the purpose of such activity being to secure earnings, income, compensa- tion, or profit, whether or not such objective or objec- tives are accomplished. A Commercial General Aviation Operator may be classified as either a Fixed Base Operator (FBO) or an Aviation Shop Operator (ASO). A Fixed Base Operator is further defined as a firm which maintains facilities at an airport for the purpose of: (1) engaging in the retail sale of aviation fuels primarily to•purchasers other than (a) scheduled or supplemental air carriers, or (b) the Department of De- fense; and (2) performing one or more of the following activities: (a) maintenance, .servicing (b) parking, tie -down, storage, and other aircraft services. r. A Fixed Base Operator (FBO) shall provide the following minimum activities or services: A. Aircraft Line Services: i. Fueling, lubricating and miscellaneous services. ii. Ramp parking and tie -down. iii. Crew and Passenger lounge facilities. iv. Public restrooms and telephone. V. Loading, unloading and towing. vi. Hangar storage. vii. De -icing service. viii. Engine Preheating. ix. Oxygen. X. Aircraft starting. xi. Sale of sectional or W.A.C. aviation maps cover - ing the territory within three hundred miles of the airport, flashlight and batteries, and rulers -4- Ln r9 Exhibit A Resolution No. 86 -27 and computers generally used by pilots for flight planning. xii. Tire Inflation. xiii. Attendants to direct aircraft to loading and parking areas, to tie down the aircraft, to fuel aircraft, to clean windshield, to remove snow from parked aircraft, and generally to provide friendly and courteous service. Sale of ::averages, ccc%'Les, :.3 1 dan cigarettes xv. Transportation services from the airport to final destination of those persons f;ying into the airport. xvi. A dry nitrogen bottle for landing gear inflation. xvii. Food (vending machines and catering service). B. Aircraft Airframe and Engine Repair and Maintenance either by direct provision of the service or by agreement with an Aircraft Airframe and Engine Mainte- nance and Repair Aviation Shop Operator at the air- port. It shall be the ultimate responsibility of the FBO to ensure that Aircraft and Airframe and Engine Maintenance and Repair services are available. In addition to those required services, an FBO may provide any of the services of an Aviation Shop Operator. An FBO may, or an Aviation Shop Operator (ASO) shall, provide one or more of the following activities or services: i.• Specialized Aircraft Repair Services (radios, painting, upholstery, propellers, instruments, accessories, etc.) ii. Specialized Commercial Flying Services. iii. Flight Training. C iv. Aircraft Sales and Rental (new and /or used). -5- { • Y � \i Exhibit A Resolution No. 86 -27 L� rl V. Aircraft Airframe and Engine Maintenance and Repair. vi. Aircraft Rental. vii. Aircraft Charter and Air Taxi Service. The County recognizes the need for hangar, shop and offices for Aviation Shop Operators. The County recognizes also that some Operators may not want to offer a full line of services that a Fixed Base Operator offers. Shop Operators are encouraged to be tenants of Fixed Base Operators. If suitable permanent facilities cannot be obtained in this manner, the Aviation Shop Operator may construct his own facility in the area designated on the Airport upon land leased from the County. The terms of the' will be determined and bid plans and specifications shall be approved by the County, and the County will become the owner of the facility at the end of the lease term. L� -6- Exhibit A Resolution No. 86 -27 IV. PREQUALIFICATION REQUIREMENTS. The prospective Operator shall submit, in written form, to the Director of Public Works, at the time of his applica- `_on, the following information and, thereafter, such additional information as may be requested by the County. A. Intended Scope of Activities. As a prerequisite to the g_•a ^ting of an operatin privilege on the Airport, the prospective Operator must submit a detailed description of the scope of the intended operation, and the means and methods to be employed to accomplish the contemplated operating standards and requirements, in order to provide high - quality service to the aviatia4h and general public in the Airport air service area, including, but not limited to, the following: ;e i. The name, address and telephone number of the applicant (and if a corporation, the name, address, and telephone number of the owners of 50 or more of any corporate stock). ii. The requested or proposed date for commencement of the activity and the term of conducting the same. iii. The services to be offered. iv. The amount, size and location of land to be leased. V. The size and position of the building space to be constructed or leased. vi. The number of aircraft to be provided (as appli- cable) . vii. The number of persons to be employed (including the names and qualifications of each person). viii. The hours of proposed operation. ix. The number of types of insurance coverage to be Cd° maintained. =s -7- Exhibit A Resolution No. 86 -27 B. Financial and Managerial Responsibility and Capabili- ty. The prospective operator must provide a statement, satisfactory to the County, in evidence of his finan- cial responsibility, from an area bank or trust company or from such other source that may be accept- able to the County and readily verified through normal banking channels. The prospective Operator must also demonstrate financial capability to initiate opera- tions and for the construction of improvements and concept of the proposed operation, or operations, and shall also indicate his ability to provide working capital to carry on the contemplated operations, once initiated. The demonstration of Financial and Mana- gerial capability will include a cash flow and a profit and loss projection for the first five years of the proposed operation. Experience. M� C. The prospective Operator shall furnish the County with W a statement of his past experience in the specified aviation services selected by him and to be supplied by him on the Airport, together with a statement that he had the managerial ability to perform the selected services. D. Bond. The prospective Operator shall post a performance bond in a form acceptable to the Eagle County Attorney in the amount equal to 100 of the annual rental estab- lished and agreed upon, for conducting the services to be provided. Cash may be deposited in lieu of a performance bond. �a� G� r� V. or giyF Exhibit A Resolution No. 86 -27 LEASE AND OPERATIONS AGREEMENT. A. Requirement of a Written Agreement. Prior to the commencement of operations, the prospec- tive Operator will be required to enter into a written agreement with the Coup}_-: w1^'_ -!1 agreement will recite the terms and conditions under which he will operate .his business on the Airport, including but not limited to, the term of agreenenz, the rentals, fees, and charges, the rights, privileges and obligations of the respective parties; and other relevant covenants. It should be understood, therefrom, that neither the conditions therein contained or those set forth in these Minimum Standards and Requirement represent a complete recitation of the provisions -to be included in the written agreement. Such contract provisions, however, will neither change or modify the Minimum Standards and Requirements, nor be inconsistent therewith. Such a contract shall contain all provi- sions required by the Federal Aviation Administration as a condition of any Federal Grant to the County for the Airport. B. Site Development Standards. i. Physical Facilities. a) The minimum space requirements as herein- after provided shall be satisfied with land and building(s). b) The operator shall provide a paved walkway within the leased area to accommodate pedestrian access to the Operator's office; a paved aircraft apron with tie -down facili- ties within the leased area sufficient to accommodate those activities and operations, and telephone facilities. c) Minimum fees or charges fees or charges at the present time shall be: Land, Unimproved 12.5 cents /sq.ft. /yr. - Land, Improved 12.5 cents /sq.ft. /yr. plus cost of improvements M N c�4 Exhibit A Resolution No. 86 -27 Aircraft Ramp Parking Area 12.5 cents /sq.ft. /yr. Fuel Sales 8.0 cents /gallon Licensed Air Carrier - Flowage fee to be ° ^^tiated All other sales, except fuel Percentage to be negotiated d) For construction of any new facilities financed by the Operator not already at the Airport, the Operator will be subject to the same standards of development as -are con - tained in the Airport Development and Construction Standards. The County will approve the plans-and specifications prior to construction. Leased ground that has access to the runways and taxiways will have a maximum lease term of 25 years except the Fixed Base Operator lease shall be a maximum term of 30 years. At the end of the lease term the ownership of all the improvements constructed by the lessee reverts back to the ownership of Eagle County. e) Annual adjustments to the lease will be made using the Denver, All Urban Consumer Price Index. ii. Personnel. The Operator shall have in his employ, and on duty during operating hours, trained personnel in such numbers, as are required to meet the Minimum Standards and Requirements set forth, in an efficient manner, for each aeronautical service being performed. The Operator shall also provide a responsible person in the office to supervise the operations in the leased area on the Airport and with authorization to represent and act for and on behalf of, the Operator during all busi- ness hours. All personnel hereinafter required to hold � Federal Aviation Administration certificates and -10- c-4 t-3 r^t Exhibit A Resolution No. 86 -27 ratings shall maintain such certificates and ratings as they are required. Maintenance The maintenance of the interior of the building, Utility costs, and trash removal shall be the Operator's responsibility. Utility line mainte- nance (if any) outside the Operator's delineated property boundary shall be the County's responsi- bility. Grass mowing and landscape maintenance within the Operator's leased area shall be the operator's responsibility. iv. The Operator shall maintain all premises in a clean, sanitary condition and at the expiration of the lease timer, shall return said premises to the County in this condi- tion, reasonable wear and tear excepted. C. Insurance The Operator shall procure, maintain, and pay premi- ums, during the term of his agreement, for insurance of the types and in the minimum limits set forth in the schedule of Minimum Standards for the respective categories of aeronautical services. The insurance company, or companies, writing the required policy, or policies, shall be licensed to do business in the State of Colorado. Where more than one aeronautical service is proposed, the minimum limits will vary (depending upon the nature of individual services in such combination) but will not necessarily be cumulative in all instances. For example, if three (3) activities are chosen, it would not be necessary for the operator to carry insurance policies providing the aggregate or combined total of the minimum limits for each type of opera- tion; however, if one of the selected activities required passenger liability coverage or hangar keeper's liability not required in either of the other two (2) categories, the Operator would be required to provide insurance on the applicable exposures. As a further example, the minimum limit for property damage on a combination of activities would be the highest minimum limit stated-in the grouping chosen. Because of these variables, the applicable minimum insurance -11- cr; r9 r t `+• f Exhibit A Resolution No. 86 -27 coverage on combinations of services will be discussed with the prospective Operator at the time of his application or otherwise during lease negotiations. All insurance, which the Operator is required by tha County to carry and keep in force, shall include the Eagle County Airport Commission, the Eagle County Board of County Commissioners, and all County Person- nel, and their officers and agents as additionally named insured. The Operator shall furnish evidence of his compliance with this requirement to the Director of Public Works with proper certification that such insurance is in force and will furnish additional certification as evidence of changes in insurance not less than ten (10 ) days prior to any such change, if the change results in a reduction or increase. In the event of cancellation of coverages, ten days (10) prior notice of cancellation, shall be conveyed to the Board of County Commissioners by the underwriter. The applicable insurance coverages shall be in force during the period of any construction of the Opera- tor's facilities and /or prior to his entry upon the Airport for the conduct of his business. The Operator shall also furnish evidence of his compliance with the Colorado Statutes with respect to Workmen's Compensation and Unemployment Insurance (where applicable). Any operator, who by nature of its size, desires to become self - insured may. do so subject to County approval. Said operator shall furnish evidence of such self- insurance and shall hold the County and assigns harmless in the event of any claims or litiga- tion arising out of its operation on the airport. D. Motor Vehicles on Airport The Operator will control the transportation of pilots and passengers of transient general aviation aircraft (using the Operator's facilities and services in the conduct of the Operator's aircraft apron tie -down area(s). The Operator performing this service with motor vehicles driven on the Airport runway - taxiway system`proper shall do so only in strict accordance with Airport Rules and Regulations, applicable feder- al, state and municipal laws, ordinances, codes or -12- Cn 7.1 Exhibit A Resolution No. 86 -27 other similar regulatory measures now in existence or as may be hereafter modified or amended. The Operator shall be required to equip each of these motor vehi- cles with a functioning aeronautical utility mobile =__ -on two -way radio 123.6 MHZ and with an operating rotating beacon or F.A.A. approved flag. The Operator shall procure and maintain for any motor vehicles which are operated on the Airport proper, Motor Vehicle Liability Insurance in the minimum limits specified by Colorado Law but in any case shall include, at a minimum liability coverage in the amount of one hundred and fifty thousand dollars ($150,000) per person -and four hundred thousand dollars ($400,000.00) per accident. E. General Lease Clauses These clauses shall be contained as a minimum in all leases between the County and the Operator engaged in any aeronautical service on the Airport. i. Non /Discrimination / Premises to be operated for use and benefit of the Public. The Operator agrees to operate the premises leased for the use and benefit of the Public: a) To furnish good, prompt and efficient service, adequate to meet all demands for its service at the Airport. b) To furnish said service on a fair, equal and non - discriminatory basis to all users thereof. c) To charge fair, reasonable and non- discrimi- natory prices, for each unit of sale or service, provided that the Operator may be allowed to make reasonable and non- discrimi- natory discounts, rebates or other similar types of price reductions to volume purchas- ers. The Operator, his agents, and employees will not discriminate against any person or class of persons - by reason of race, color, creed, el,, sex, age or national origin in providing any -13- �9 r Exhibit A Resolution No. 86 -27 services or in the use of its facilities provided for the public in .any manner prohibited by Part 15 of the Federal Regula- tions. The Operator further agrees to corrpl-- -,lit', sur7l, enforce. -ent procedures as the United States might demand that the County take in order to comply with the Sponsor's Assurances. ii. Aircraft Service by Owner or operator of Aircraft No right or privilege granted herein shall serve to prevent persons operating aircraft on the Airport from performing any services on their own air craft with their own regular employees (including, but not limited to, maintenance and repai.r);-provided that safety procedures and regulation in the Airport rules and regulations and the Hangar lease agreements are abided by. iii. Non /Exclusive Rights. Nothing herein contained shall be or otherwise authorize the grant: right, except as to the areas to Operator, which areas shall be exclusive use. iv. Airport Development. construed to grant Lng of an exclusive be occupied by the for the Operator's The County reserves the right to further develop or improve the landing area of the Airport as it sees fit, and without unreasonable interference or hin- drance. If the physical development of the Airport requires the relocation of Operator -owned facilities during the lease term the County agrees to provide a comparable location without any unreasonable interrup- tion to the Operator's activities, and agrees to relocate all Operator -owned buildings or provide similar facilities for the Operator at no cost to the Operator, except as amended by written lease with the Operator. V. Countv's Riahts. C"-`: The County reserves the right (but shall not be obligated to the Operator) to maintain and keep in repair the landing area of the, Airport and all -14- Exhibit A Resolution No. 86 -27 publicly -owned facilities of the Airport together with the right to direct and control all activities of the Operator in this regard. vi. Airport Obstruction The County reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent the operator from erecting, or permitting to be erected, any building or other structure on the Airport which, in the opinion of the County, would limit the usefulness of the Airport or constitute a hazard to aircraft. vii. Subordination. LI This lease shall be subordinate to the provisions of c-i any existing or future agreement between the County and the United States, 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 of the airport. This subordination, includes but is not limited to the right of the County, during times of war or national emergency, to lease the landing area, or any part thereof, to the United States for military or naval use, and if any such lease is made, the provisions of any contracts or leases with such operators shall be suspended. viii. Compliance with Laws; etc. The Operator shall at all times comply with the Airport Rules and Regulations, federal, state and municipal laws, ordinances, codes and other regulatory measures now in existence or, as may be hereafter modified or amended, applicable to the specific type of operation contemplated by him. The Operator shall procure and maintain during the term of the agreement all licenses, permits and other similar authorizations required for the conduct of his business operations. ix. Indemnitv The Operator shall `hold the Eagle County Board of County Commissioners, the Eagle County Airport -15- Exhibit A Resolution No. 86 -27 Commission, and all County personnel, and their officers, and agents harmless from and -against all suits, claims, demands, actions, and /or causes of action of any kind or nature in any way arising out of. ^� r� - -�.L_ng from his tenancy any ac}ivit_J -!:z , and shall pay all expenses in defending any cia.i.m6 _ the County by reason of his tenancy and activities. ix. Right of Entry. Any Official representative of the County may enter upon the premises leased to the Operator at any reasonable time, and for any incidental to, or con- nected with the performances of the Operator's obliga- tions under the agreement or in the exercise of their function as a representative the County. X. Termination. Upon the expiration or other termination of any ri agreement, the Operator's rights to the premises, facilities, other rights, licensed services and privileges granted in the agreement shall cease, and the Operator shall, upon such expiration or termina- tion immediately and peacefully surrender such. xi. Assignment. All covenants, stipulations and provisions in the agreement to be entered into shall extend to and bind the legal representatives, successors and assign. SS. Subleases In the event a Commercial General Aviation Operator desires to sublease space to another company to provide one or more Commercial Aeronautical Services and Activities, the following conditions will apply: i. Obtain written approval from the County to sublease the space and function. ii. Pay the County additional fees which will be negotiated if the sublease is greater than the lease. -16- r9 rk ' M ' r TT. UU. VV. Flying Clubs .� s, Exhibit A Resolution No. 86 -27 The following requirements pertain to all-flying clubs desiring to base their aircraft on the airport and be i. Flying Club Regulations. Each. club must be a non- profit corporation or partner- ship. Each member must be a bona fide owner of the aircraft or a stockholder in the corporation. The club may not derive greater revenues from the use of its aircraft than the amount necessary for the actual use of operation, maintenance and replacement of its aircraft. The club will file and keel current with the County a complete list of the club's membership and investment share held by each member. Aircraft. The club's aircraft will not be used by other than bona fide members for rental and by no one for commer- cial operations. Student instruction can be given in club aircraft to club members provided such instruc- tion is given by a lessee based on the airport who provides flight training or by an instructor who shall not receive renumeration in any manner for such service. Violations. In the event that the club fails to comply with these conditions the County will notify the club in writing of such violations. If the club fails to correct the violations in 15 days, the County may take any action deemed advisable. Insurance. Each aircraft owned by the flying club must have aircraft liability insurance coverage for the follow- ing amounts: Aircraft Liability, minimum: -17- a Exhibit A • Resolution No. 86 -27 BODILY INJURY: $150,000.00 each person $400,00.00 each accident PROPERTY DAMAGE: $400,000.00 each accident VI. COMBINED OPERATION BETWEEN A.S.O. AND A.S.O. OR A.S.O AND F.B.O. A. Aviation Shop Operators (ASO) and Fixed Base Operators are encouraged to consolidate operations. And the Board will consider. reduction in minimum square footage for combined operations (i.e., an ASO who wisher.: to operate an aviation shop repair service and specialized commercial flight service need have only one office, one set of rest - rooms, one customer lounge, therefore the hangar need not be 5,000 square feet; or an ASO who is a tenant of the FBO need C; not duplicate facilities such as restrooms, customer lounge, etc., if its lease includes the right to use the FBO's V1 facilities.) B. In any of these standards where the words "lease from the County" are used, it shall mean to lease directly from the county or to lease from a party who is leasing from the county. All such subleases must be approved by the Board of County Commissioners. No party shall be allowed to sublease airport property without the written approval of the Board of County Commissioners. M BODILY INJURY: $150,000.00 each person $400,00.00 each accident PROPERTY DAMAGE: $400,000.00 each accident Exhibit A Resolution No. 86 -27 VI.' COMBINED OPERATION BETWEEN A.S.O. AND A.S.O. OR A.S.O AND F.B.O. A. Aviation Shop Operators (ASO) and Fixed Base Operators are encouraged to consolidate operations. And the Board will consider reduction in minimum square footage for combined operations (i.e., an ASO who wishes: to operate an aviation shop repair service and specialized commercial flight service need have only one office, one set of rest - rooms, one customer lounge, therefore the hangar need not be 5,000 square feet; or an ASO who is a tenant of the FBO need k-j not duplicate facilities such as restrooms, customer lounge, etc., if its lease includes the right to use the FBO's d facilities.) B. In any of these standards where the words "lease from the County" are used, it shall mean to lease directly from the county or to lease from a party who is leasing from the county. All such subleases must be approved by the Board of County Commissioners. No party shall be allowed to sublease airport property without the written approval of the Board of County Commissioners. Gft V Q N PIZ 0 Im MINIMUM STANDARDS AND REQUIREMENTS FOR AT EAGLE COUNTY AI::rORT SECTION TWO FIXED BASE OPERATOR A fixed Base Operator (FBO) shall provide. the following minimum activities or services: A. Aircraft Line Services: i. Fueling, lubricating and miscellaneous services. ii. Ramp parking and tie -down. iii. Crew and Passenger lounge facilities. iv. Public Restrooms and telephone. V. Loading, unloading and towing. vi. Hangar storage. vii. De -icing service. viii. Engine preheating. ix. Oxygen X. Aircraft starting xi. Sale of sectional or W.A.0 aviation maps covering the territory within three hundred miles of the airport, flashlight and batter- ies, and rulers and computers generally used _ by pilots for flight planning. xii. Tire inflation. -19- %__4 t. ra C 4 1#6 Exhibit A Resolution No. 86 -27 xiii. Attendants to direct aircraft to loading and parking areas, to tie down aircraft, to fuel aircraft, to clean windshield, to remove snow from parked _aircraft, and generally to t•l r . —a1� li �Gi:a..y 1i G::.. vv:.:l :.: :J uJ J��. vr1 `. :. xiv. Sale of beverages, cookies, candy and ciga- rettes. xv. Transportation services from the airport to final destination of those persons flying into the airport. xvi. A dry nitrogen bottle for, landing gear inflation. xvii. Food. B. Aircraft Airframe and Engine Repair and Mainte- nance. A Fixed Base Operator (FBO) shall meet the following Minimum Standards and Requirements: A. Aircraft Line Service Activities shall provide: i. The Operator shall demonstrate, to the satisfaction of the County, that satisfactory arrangements or agreements have been made with a reputable aviation gasoline and lubricant distributor who will provide the Operator with an enforceable agreement, to purchase fuel and oil in such quantities as are necessary to meet the requirements set forth herein. Aviation fuels and oils delivered to the Operator by a vendor will be considered by the County to be fuels and oils dispensed by the Operator under the purview of the minimum rental rates established as a part hereof. Fueling and lubricating sale, and into -plane delivery of aviation fuels, lubricants and other related petroleum products (7:00 A.M. to 7:00 P.M. 7 days a week). FBO shall maintain an adequate inventory of at least one brand and two generally accepted grades of aviation fuel, engine oil and lubricants. FBO shall provide —20— • t r -ear .— ...��.. �. a.. ..��.t:...a. .. . ..� . . •. ' Exhibit A Resolution No. 86 -27 mobile fuel dispensing equipment, with reliable marking devices approved by the Federal Aviation Administration, capable of servicing, in an efficient and manner all types of genes -1 _vi ati on FBO shall have two metered filter equipped dispensers, fixed or mobile, for dispensing two * _grades . of aviation fuel .( AV gas and jet fuel) from storage tanks having a-minimum capacity of 10,000 gallons each. Mobile dispensing trucks shall have a total of 1200 gallon minimum capacity for each grade of fuel. Separate dispensing pumps for each grade of fuel is required. -21- In conducting fuel operations, FBO shall install and use adequate electrical grounding facilities at fueling locations to eliminate N the hazards of static electricity and shall r'* provide approved types of fire extinguishers or other equipment commensurate with the hazard involved with fueling, defueling, and servicing aircraft. All FBO fueling services and systems shall be subject to inspection for fire and other hazards by the Director of Public Works or other representative of Eagle County and the appropriate State and local fire agency. FBO shall meet all applicable fire codes: Federal, State and Local, laws statutes, ordinances, rules and regulations pertaining to fire safety. All fuel storage tanks will be installed underground. -21- The Operator shall take all precautions necessary to insure that only non- contam- inated fuel is delivered into the aircraft serviced. Fuel delivered shall be clean, bright, pure and free of microscopic organ- isms, water or other contaminants. Quality control of the fuel is the responsibility of the FBO. The Operator shall maintain current fuel reports on file and available for auditing at anytime by the Director of Public Works, Airport Commission or the Federal Aviation Administration. Fueling service by the FBO shall be in full compliance with F.C.C. regulations, including proper fire -21- Cn r� e-9 Z a C I C Exhibit A Resolution No. 86 -27 protection and electrical grounding of aircraft during fueling operations. Servicing of aircraft shall include generally expected services, such as cleaning of the interior and exterior of aircraft and cater- ing: FBO shall provide proper equipment for repairing and inflating aircraft tires, oleo - }truts . cra.nnir_a engine oil. servicing oxygen systems, wasaing aircr__z (if suitable water is available to the operator at the airport) and aircraft window, and recharging or energizing discharged aircraft batteries and starter; . FBO shall provide for the adequate and sanitary handling and disposal, away from the airport, of all trash, waste and other materials, including but not limited to used oil, solvents, and other waste. The piling or storage of crates, boxes, barrels and other containers will not be permitted within the leased premises. B. Ramp Parking and Tie -Down - FBO Ramp Assistance - including the parking, tie -down and storage of only functional aircraft within the FBO Is leased area. Land -based FBO shall provide aircraft -to- lounge ground transportation for in- transit passengers and pilots. Adequate tie -down facilities and equipment, including ropes, chains and other types of re- straining devices, and wheel chocks for a minimum typical aircraft for FBO will be provided. FBO shall provide properly trained line personnel on duty from 7:00 A.M. to 7:00 P.M. of every calendar day (seven days a week). C. Crew and Passenger Lounge Facilities - Conven- iently located, heated lounge, or waiting rooms, for passengers and crews will be provided. D. Public Restrooms and a Telephone - Restrooms will be conveniently located, heated and ventilated and -22- r4 C Exhibit A Resolution No. 86 -27 accessible to the passengers and crews and will be maintained in a clean and sanitary "manner. At least one working telephone will be provided for public use. E. Loading, Unloading and Towing - FBO shall provide adequate loading, unloading and towing equipment to safely and efficiently move aircraft and store them in times of all reasonable expec`ea =_ conditions. F. Hangar Storage - FBO shall provide suitable hard surfaced hangar storage facilities. III. Aircraft Airframe, Engine Repair and Maintenance activities shall provide: A. Sufficient work space for any aircraft upon which airframe or engine repairs are being performed. B. Suitable storage space for aircraft before and after repair and maintenance have been accom- plished. C. Adequate shop space to house the equipment and adequate equipment and machine tools, jacks, lifts and testing equipment as required for maintenance be performed oa generate aircraft. D. At least one F.A.A. certified airframe and power plant mechanic available during eight hours of the day, five days per week. The FBO may provide such service directly or by provision of letter of agreement acceptable to the County with an ASO on the airport to provide such service. It shall be the ultimate responsibility of the FBO to insure that said services are available. IV. Minimum Land and Improvements Required shall be as follows: A. The Minimum land to be leased for a Fixed Base Land Operation shall be 140,000 square feet. B. Building imprc;':zments shall be permanent in nature and will contain_ at least 17,500 square feet, in the principal building, for FBO operations. Paved aircraft areas and the principal building area -23- Exhibit A Resolution No. 86 -27 together shall occupy at least 100,000 square feet for FBO operations. 5,000 sq. feet of floor area of total building(s) area(s) will be allocated and utilized for a aAneral avin}, ^- crew and passenger lounge facilities, public restrooms, and general administration of the FBO operations. Paved = surfaced, -on-site- sufficient accommodations provided. auto parking space with for automobiles shall be Each FBO shall occupy, at least, one clear span hangar containing 12,500 sq. feet,, This hangar shall be required to have a door-'opening of at least 100 feet in width and 30 feet in height. If an existing large hangar is not available, the FBO shall finance and build its own facility. C. All paving and building shall be of permanent con- struction and shall be in compliance with the L7 design, materials and landscaping consistent with specifications established by Director of Public Works. V. Lease Terms and Conditions shall be as follows: It is the intention of the County to write a lease requiring the Fixed Base Operator to provide the preceding services. It is also the intention of the County that all leases be "net" leases. That is, that total costs for amortizing the investment and maintenance costs be borne by the FBO. Hangars may be constructed by FBO's provided they meet the minimum specifications and title is to rest in Eagle County upon completion of the lease. For purposes of maintaining and operating the airport and providing the public facilities thereon, certain charges are made. The following lease terms and conditions outline this policy for ground having access to the airport runways and taxiways. A. Ground lease rates for unimproved land shall be 12.5 cents per square foot per year. q rA �e -24- Exhibit A Resolution No. 86 -27 B. Ground lease rates for improved land shall be 12.5 cents per square foot per year. Plus the net cost of improvenG -. _ i. Improved ground shall be defined as any ground on which County funds have been expended in preparation of the site, i.e., U1,a .i. etc., or in making utilities available thereto. C. The County shall also receive 8 cents per gallon flowage fee on all aviation fuel sold or dispensed on the Eagle County Airport, •• except for fuel to licensed commercial airlines providing service to Eagle County. The flowage fees for said licensed airlines shall be subject to negotiation. Fr D. The term of any lease having access to the airport runways and taxiways shall be twenty -five (25) years except for Fixed Base Operators whose term will be thirty (30) years. E. All ground rentals shall be subject to the cost of living increase on an annual basis. The consumer price index used will be the "Denver Consumer Price Index for All Urban Consumers ". F. The rates or charges for aircraft parking, tie - down and storage made by operators shall be determined by the FBO, subject to the prior written approval of the County, first obtained and subject, further, to the requirements that all such rates or charges shall be reasonable and equally and fairly applied to all users of the services. All rates and charges shall be filed with the Director of Public Works. G. All rentals for leased areas shall be paid in advance, on or before the tenth of the month, commencing with the first full month of operation after the effective date of the agreement or the date which the premises are available for occupancy. LM H. The Operator shall at its own expense, pay all taxes and assessments against any building or any -25- Exhibit A Resolution No. 86 -27 other structure placed on the premises and owned by them. I . All ut =__ Operator. J. All building maintenance on County owned or financed facilities is borne by the Operator except structural and external repairs (excluding hangar doors and windows which shall be the Operator's responsibility). All building mainte- nance on non - County owned facilities shall be borne by the FBO. a. K. Any improvement (with prior written approval from the County first obtained) made to the leased premises becomes the property of the County upon expiration of the lease, but must be maintained by the Operator during the term of the lease. L. Maintenance of the improved leased area, including 1 pavement, shall be that of the Operator. CQ t`1 M. All sublease agreements must receive prior written approval of the County. N. FBO or ASO shall be required tc carry public liability insurance for his sub - lessee or provide a certificate of insurance which shows the lessee and the County as named insured, in amounts commensurate with the sub - lessee's individual activities and services. O. No oils, greases, detergents or other insoluble substances shall be placed in the sewage or drainage systems or in the ground; and all Minimum Requests issued by the Environmental Protection Agency or competent Governmental Authority shall be complied with at all times including but not limited to the installation of a grease and oil trap designed to catch all oils, greases, deter- gents, and other insoluble substances used in the maintenance -and washing of the Operator's or the Operator's customers' aircraft; and the installa- tion of said trap shall conform to the recommended specifications of the Environmental Protection Agency and the County. d. -26- N `F r4 19 Exhibit A Resolution No. 86 -27 P. These Minimum Standards shall be an integral part of the lease agreement. Q. Landscaping of facilities is required. Each FBO or ASO will be required to provide a plan for landscaping his area to be approved by the County and maintained by the FBO or ASO in a neat, clean and aesthetically pleasing manner, all in accor- dance with the Rules and Regulations for the Airport. In addition to the above described minimums, certain additional items will be included in the FBO lease to comply with certain Federal aviation requirements which are listed below. R. Lessee (Licensee, contractor, etc.) in the opera- tions to be conducted pursuant to the provisions of this lease and otherwise in the use of the airport will not discriminate or permit discrimi- nation against any person or class of persons by reason of race, color, religion, sex or national origin in any manner prohibited by Part 23 of the Regulations of the Office of the Secretary of Transportation, or any amendments thereto. The lessor reserves the right to take such action as the United States Government may direct to enforce this covenant. S. Lessee (Licensee, Contractor, etc.) shall furnish its accommodations and /or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; PROVIDED that the Lessee (Licen- see, Contractor, etc) may be allowed to make reasonable and non - discriminatory discounts, rebates or other similar type of price reductions to volume purchasers. T. Lessee (Licensee, Contractor, etc) shall make accommodations and /or services available to the public on fair and reasonable terms without unjust discrimination on the basis of race, color, religion, sex or national origin. U. Non - compliance with Provisions S, T, and U above shall constitute a material breach thereof and in -27- _Exhibit A Resolution No. 86 -27 the event of such non - compliance the County shall have the right to terminate this lease (agreement, contract, etc) and the estate hereby created without liability therefore or at the election of the County or the United States either or both said Government shall have the right to judicially enforce said Provisions S, T and U. V. Lessee (Licensee, Contractor, etc.) agrees that it shall insert the above four Provisions in any lease (agreement, contract, etc) by which said Lessee (Licensee, Contractor, etc) grants a right or privilege to any person, firm or corporation to render accommodations and /or services to the public on the premises herein leased. W. Eagle County reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or view of the Y. This lease shall be subordinate to the provisions and requirements of any existing or future agree- ment between Eagle County, State of Colorado, and the United States, relative to the development, operation or maintenance of the airport. Z. Lessee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure of building is planned for the leased premises, or in the event of any planned modification or alternation of any present or future building or structure situated on the leased premises. AA. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the -28- Lessee, and without interference or hindrance. E� X. Eagle County reserves the right, but shall not be obligated to the Lessee, to maintain and keep in repair the landing area of the airport and all publicly -owned facilities of the airport, together with the right of direct and control all activi- ties of the Lessee in this regard. Y. This lease shall be subordinate to the provisions and requirements of any existing or future agree- ment between Eagle County, State of Colorado, and the United States, relative to the development, operation or maintenance of the airport. Z. Lessee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure of building is planned for the leased premises, or in the event of any planned modification or alternation of any present or future building or structure situated on the leased premises. AA. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the -28- f _Exhibit A Resolution No. 86 -27 meaning of Section 308 of the Federal Aviation Act. BB. There is hereby reserved E-gi! Ccun•' =ts successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premise hereby leased, together wit~ the right to cause in said airspace such noise as may be inherent in the operation of aircraft, using said airspace for landing at, taking off, from or operating on the Eagle County Airport. CC. The Lessee by accepting this lease expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure of object nor permit the growth of any tree on the land leased hereunder above a ground level elevation of 35 feet. In the event the aforesaid covenant is breached, the Lessor re- serves the right to enter upon the land leased M hereunder and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the Lessee. DD. The Lessee by accepting this lease expressly agrees for itself, its successors and - assigns that it will not make use of the leaser premises in any manner which might interfere with the Eagle County Airport or otherwise constitute a hazard. In the event the aforesaid. covenant is breached, the Lessor reserves the right to enter upon the premises hereby leased and cause the abatement of such interference at the expense of the Lessee. EE. Any lease and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regula- tion and taking over of said airport or the exclusive or nonexclusive use of the airport by the United States during the time of war or national emergency. FF. Thd lessee assures that it will undertake an affirmative action program as required by 14 CFR a, Part 152, Subpart E., to ensure that no person shall on the grounds of race, creed, Colorado, 4 -29- +. ��W ✓ �t.w��. ... .J.L... . -�. t- Ji`..: .dam.►. -�� -- Exhibit A • Resolution No. 86 -27 national origin, or sex be excluded fro participating in any employment activities covered in 14 CFR Part 152, Subpart E. The 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 this subpart. The lessee assures that it will require that its covered suborganizations provide assurances to the lessee that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E., to the same effect. VI. Airfield Access and Security. Airfield access and airport security shall be maintained at all times in accordance with standards established and required by the Director of Public Works. Participation in r� the Airport Security Program is mandatory. l Y VII. Insurance. Insurance coverage shall be provided and paid for by the FBO in the following amounts with Eagle County, the Director of the poard of County Commissioners, the Airport Commission and all other County personnei &z adds -ional insured. A Certificate of Insurance or a copy of the insurance policies involved will be furnished to the Airport Manager and 10 days advance written notice of any change to any policy or cancellation of any policy shall be given to the Director of Public Works. i. ii. Aircraft Liability, Minimum: Combined Single Limit $1,000,000.00 Bodily Injury, Passenger Liability, and Property Damage ii. Comprehensive Property Damage: Public Liability and Combined Single Limit $1,000,000.00 Bodily Injury, Passenger Liability and Property Damage -30- Cf e-1 h w Exhibit A Resolution No. 86 -27 iii. Hangar Keeper's Liability, including taxiing: $1,000,000 each accident iv. Products' Liability- $500,000 each accident V. Student and Renter's Liability: S400.000 each accident vi. Motor Vehicle Liability: $150,000 each person $400,00 for more than one person vii. Workmen's Compensation and Employers Liability: Up to statutory limit -31- Exhibit A Resolution No. 86-27 MINIMUM STANDARDS AND REQUIREX=S FOR COMMERCIAL AERONAUTICAL SERVICES AND ACTIVITIES AT EAGLE COUNTY AIRPORT SECTION THREE AVIATION SHOP OPERATOR Aviation Shop Operators shall consist of one or more of the following services and activities and comply with the Minimum Standards described in this section. AVIATION SHOP REPAIR SERVICES (Radios, Painting, Upholstery, Propellers, Instruments, Accessories, etc.) t'..a r`Q I. Statement of Concept A specialized aircraft repair services operator is a person or persons, firm or corporation engaged in a business capable of providing a shop, or a combination of Federal Aviation Administration certified shops for the repair of aircraft radios, propellers, instruments, and accessories for general aviation aircraft. This category shall include the sale of new and /or used aircraft radios, propellers, instruments and accessories, but such is not an exclusive right. II. Minimum Standards The Operator shall lease from the County an area adequate to erect a building providing a minimum of 2,500 sq. feet of floor space to hangar at least one (1) aircraft, to house all equipment and Adds tjO;iAX floor space for an office, shop, restrooms, customer lounge and telephone facilities for customer use. Hard surfaced, on -site auto parking space with sufficient accommodations for automobiles, and a paved aircraft apron, all within the leased area and sufficient to accommodate the Operator's activities and operations shall be provided. -The avionics portion of the services offered must maintain current the - qualifications of Class I and Class II FAA designated repair station. -32- •7' cv! Exhibit A Resolution No. 86 -27 III. The Operator shall maintain, as necessary, the repair station certificates as required by the Federal Avia- tion n;«�:.� stration, which are applicable to the operation or operations contemplated. The Operator may furnish one, or if desired, any combination of the services mentioned above. IV. The Operator performing the services under this cate- gory will be required to carry the following types of insurance in the minimum limits specified: A. Comprehensive Public Liability and Comprehensive Property Damage: Bodily Injury (Each Accident) $150,000 each person $400,000 for more than one person Property Damage $500,000 each accident B. Hangar Keeper's Liability, including taxiing, as applicable $500,000 each accident V. The Operator shall have his services available eight (8) hours daily, five (5) days a week. VI. The Operator shall have in his employ, and on duty during the required operating hours, trained personnel in such numbers as are required to meet the minimum standards set forth in this category in an efficient manner currently certified as Federal Aviation Adminis- tration radio, instrument or propeller repairmen. 2. SPECIALIZED COMMERCIAL FLYING SERVICES A. Statement of Concept A specialized commercial flying services operator is a person or persons, firm or corporation engaged in air transportation for hire for the purpose of providing the use of aircraft for the activities listed below: i. Nonstop sightseeing flights that begin and end at the same airport within a 50 mile radius of airport._ -33- L1 V*° MM _Exhibit A Resolution No. 86 -27 ii. Crop- dusting, seeding spraying. - iii....Banner towing and aerial advertising. iv. Aerial Photography or survey. V. Power line or pipeline patrol. vi:: Fire- fighting: vii. Any other operat -43ns specifically excluded from Part 135 of the Federal Aviation Regulations. viii. Flying Clubs B. Minimum Standards i. The Operator shall lease from the County an area adequate to erect a building providing a minimum of 2500 sq. feet of floor space for aircraft and other storage, and additional floor space for office, restrooms, customer lounge and telephone facilities for customer use. Asphalt or cement -paved surfaced, on -site auto parking space sufficient to accommodate Operator's activities and opera- tions shall also be provided. In case of crop- dusting, aerial application or other commercial use of chemicals, Operator shall provide centrally drained, paved area adequate for all aircraft loading, unloading, washing and servicing. This area must be built and operated in full compliance with the Environmental Protection Agency and Colorado Department of Health regulation governing such activities. Operator shall also provide for the safe storage and containment of all chemical material. Such facilities will be in a location on the Airport which will provide the greatest safeguard to the public. C. The Operator shall provide and have based on his leasehold, either owned or under written lease to the Operator, not less than one (1) airworthy -34- •... ...1..1: :... _.�.. . .+:+.L•i .. ,...•..mot i.�� .. CA c� Exhibit A Resolution No. 86 -27 aircraft, suitably equipped for, and meeting all the requirements of the Federal Aviation Adminis- tration with resrn ^} }c; the + ne of operation to be perzormea. In the case of crop- dusting or aerial application, the Operator shall provide tank trucks for the handling of snrav and m xina liquids. The Oo_ erator shall also provide adeq.._ze ground for the safe containment, storage, handling and safe loading of all noxious chemicals and materials in compliance with EPA and Colorado Department of Health. D. The Operator performing the services under this category will be required to carry-the following types of insurance in the minimum limits specified: i. Aircraft Liability: Bodily Injury (Each Accident) $150,000 each person $400,000 for more than one person Passenger Liability, as applicable $400,000 each accident Property,Damage $400,000 each accident ii. Comprehensive Public Liability and Comprehen- sive Property Damage: Bodily Injury (Each Accident) $150,000 each person $400,000 for more than one person iii. Hangar Keeper's Liability, including taxiing, as applicable $500,000 each accident iv. Products Liability, as applicable $500,000 each accident E. The Operator must provide, by means of an office or a telephone, a point of contact for the public desiring to utilize Operator's services. -35- ti r4 r, 1 C­ -Exhibit A • Resolution No. 86 -27 F. The Operator shall have in his employ,.and on duty during the required operating hours, trained personnel in such numbers as may required to meet the minimum standaZ s herein set forth in a- efficient manner, but never less than one (1) person holding a current Federal Aviation Adminis- tration commercial certificate, properly rated for the aircraft to be used and the type of operat or. to be performed. VII. FLIGHT TRAINING A. Statement of Concept Pr A flight training operator is a person or persons, firm or corporation engaged in instructing pilots in dual and solo flight training, in fixed and /or rotary wing aircraft, in land or sea aircraft, and provides such related ground school instruction as is necessary preparatory to taking a written examination and flight check ride for the category or categories or pilots' licenses and rating involved. No flight training operations or operator may be allowed to operate off a tie -down. B. Minimum Standards i. The Operator shall lease from the County an area adequate to erect a building or buildings containing a minimum of 2,500 sq. feet to provide for aircraft storage, and space for office, classroom, briefing room, pilot lounge, restrooms and telephone facili- ties for customer use. Asphalt or cement -paved surfaced, on -site auto parking space with suitable accommodations for automobiles, and a paved aircraft apron all within the leased area and sufficient to accommodate the Operator's activities and operations shall also be provided. ii. The Operator shall have available for use in flight training, either owned or under written lease to the Operator, a sufficient number of aircraft properly certificated to handle the proposed scope of his student t" -36- y a '1 n Exhibit A Resolution No. 86 -27 operation, but not less than one-(-l) properly certificated aircraft. The OFeratcr perfcrminy the sere; L_ this category will be required to carry the following types of insurance in the minimum limits specified: a) Aircraft Liability: Bodily Injury (Each Accident) $150,000 each person ..Property Damage $400,000 each accident b.). Comprehensive Public Liability and Comprehensive Property Damage: Go Bodily Injury (each accident) $150,000.00 each person $400,000.00 for more than one person Property Damage $400,000.00 each accident Student and Renter's Liability $400,000.00 each accident - Hangar Keeper's Liability, including taxiing, where applicable: $500,000.00.each accident C. The Operator shall have his services available eight (8) hours daily, seven (7) days a week. D. The Operator shall have available, on a full -time basis, at least one (1) flight instructor who has been currently certificated by the Federal Avia- tion Administration to provide the type of flight training offered. E. The Operator shall have for call on a part -time basis, at least one (1) ground instructor who has been currently certificated by the Federal Avia- ti6n Administration to provide the type of ground training offered. This person may be the same person specified in (5) above. -37- V, 0�: �4 d A 4. C/ N, I Exhibit A Resolution No. 85 -27 AIRCRAFT SALES (New and /or Used) An aircraft sales operator is a person engaged in the sales of new and /or used aircraft through franchises, or licensed dealer- ship or distributorship (either on a retail or wholesale basis) of as a__craf= manufacturer or otherwise; and provides such repair, services and parts as necessary to meet any guarantee or warranty on new and /or used aircraft sold by him. IX. Minimum Standards A. The Operator shall lease from the ^:County an area adequate to erect a building containing a minimum of 2500 sq. feet of floor space, for aircraft storage, and floor space for office, restrooms, customer lounge and telephone facilities for customer use. Hard surfaced, on -site auto parking space with suitable accommodations for automo- biles, and a paved aircraft apron, all within the leased area and sufficient to accommodate the Operator's activities and operations shall also be provided. There shall be no fee charged on gross sales of new or used aircraft. B. The Operator shall provide necessary and satisfac- tory arrangements for the repair and servicing of aircraft, but only for the duration of any sales guarantee or warranty period. Servicing facili- ties may be provided through written agreement with a repair shop operation at the Airport. The Operator shall provide an adequate inventory, or availability within 24 hours or less, of spare parts for the type of new aircraft for which sales privileges are granted. C. The Operator performing the services under this category will be required to carry the following types of insurance in the minimum limits specified: i.` Aircraft Liability: Bodily Injury (Each Accident) CXJ M. Y r F � Q • Exhibit A • Resolution No. 86 -27 $150,000 each person $400,000 for more than one person Passenger Liability $150,000 each person, each accident Property Damage $500,000 each accident ii. -Comprehensive Public Liability and Comprehen- sive Property Damage: Bodily Injury (Each Accident) $150,000 each person $400,000 for more than one person Hangar Keeper's Liability, including taxiing: Applicable and required in the event the Operator shall elect to service, by himself, the aircraft sold by him, during the guaran- tee or warranty period. $500,000 each accident D. The Operator shall have his services available on a basis consistent with his franchise agreement. X. AIRCRAFT AIRFRAME.AND ENGINE MAINTENANCE AND REPAIR XI. Statement of Concept An aircraft and airframe engine maintenance and repair operator is a person or persons, firm or corporation providing one (or a combination of) airframe and power plant repair services, with at least one (1) person currently certified by the Federal Aviation Administration _with ratings appropriate to the work being per- formed. This category of aeronautical services shall also include the sale of aircraft parts and accessories, but such is not an exclusive right. XII. Minimum Standards A. The Operator shall lease from the County an area adequate to erect a building providing at '_ca,= 2,500 SQ. FEET OF floor space for airframe and power plant repair services and adequate floor space for office, restrooms, customer lounge and telephone facilities for customer use. Hard -39- r f y Exhibit A Resolution No. 86 -27 surfaced, on -site auto parking space with suitable accommodations for automobiles, and a paved aircraft apron, all within the leased area suffi- cient to accommodate the Operator's activities and operations shall be provided. B. The Operator shall provide sufficient equipment, supplies and availability of parts equivalent to that required for certification as a Federal Aviation Administration approved repair station. C. The Operator performing the services under this category will be required to carry the following types of insurance in the minimum limits specified: i. Aircraft Liability: S- Bodily Injury (Each Accident) $150,000 each person $400,000 for more than one person Property Damage $400,000 each accident ii. Comprehensive Public Liability and Comprehen- sive Property Damage: Bodily Injury (Each Accident) $150,000 each person $400,000 for more than one person Property Damage $400,000 each accident Hangar Keeper's Liability, including taxiing, as applicable $500,000 each accident Products Liability: $500,000 each accident D. The Operator shall have his services available eight ( 8 ) hours daily, five ( 5 ) a week. E. The Operator shall have in his employ (and on duty C during the required operating hours) trained n 4 6 -40- ' - Exhibit A Resolution No. 86 -27 personnel in such numbers as are required to meet .. the minimum standards and requirements set forth in an efficient manner, but never less than one (1) person currently certified by the Federal Aviation Administration with rating appropriate to the work being performed and who holds an air- frame, power plant, or an aircraft inspector rating. XIII. AIRCRAFT RENTAL A. Statement of Concept An aircraft rental operator is a person or pExsons, firm or corporation engaged in the rental of aircraft to the public. B. Minimum Standards i. The Operator shall lease from the County an *. area adequate to provide for aircraft stor- age, including a building of at least 2,500 SQ. feet of floor space for aircraft storage, office, restrooms, customer lounge and telephone facilities for customer use. Paved surfaced, on -site auto parking space with suitable accommodations for automobiles, and a paved aircraft apron, all within the leased area and sufficient to accommodate the Operator's activities and operations shall also be provided. C. The Operator shall have available for rental, either owned or under written lease to Operator, a sufficient number of aircraft properly certifi- cated to handle the proposed scope of his opera- tion. D. The Operator performing the services under this category will be required to carry the following types of insurance in the minimum limits specified: i. . Aircraft Liability: Bodily Injury (Each Accident) V $150,000 each person n $400,000 for more than one person -41- t r Exhibit A ` Resolution No. 86 -27 Passenger Liability $400,000 each passenger, each accident Property Damage $500,000 each accident ii. Comprehensive Public Liability and Comprehen- siv-= Damage: Bodily Injury (Each Accident) $150,000 each person $400,000 for more than one person Property Damage $400,000 each accident iii. Student and Renters' Liability �+ $400,000 each accident, where applicable r�l E. The Operator shall have his service available eight (8) hours daily, seven (7) days a week. ..r F. The Operator shall have available trained person- nel in such numbers as are required to meet the minimum standards set forth in an efficient manner. XIV. AIRCRAFT CHARTER AND AIR TAXI SERVICE A. Statement of Concept An aircraft charter (Commercial Operator) and an air taxi opera- tor is a person or persons, firm or corporation engaged in the business of providing air transportation (persons or property) to the public for hire, either on a charter basis or as an air taxi operator, as defined in the Federal Aviation Act of 1958, or as said Act may be supplemented or amended from time to time. B. Minimum Standards WU PM i. The Operator shall lease from the County an area adequate to provide for aircraft stor- age, including an area to erect a hangar of 2,500 sq. feet of floor space for aircraft storage, office, restrooms, customer lounge and telephone facilities for customer use. Asphalt or cement - paved surfaced, on -site auto parking space with suitable -42- ,r. -Exhibit A Resolution No. 86 -27 accommodations for automobiles, _and a paved aircraft apron all within the leased area and sufficient to accommodate the Operator's activities and operations shall also be provided. C. The Operator shall have available for hire, either owned or under written lease to Operator, a sufficient number of aircraft properly certifi- cated to handle the proposed scope of his opera- tion. D. The Operator performing the services under this category will be required to carry.. the following types of insurance in the minimum limits specified: i. Aircraft Liability, minimum: Bodily Injury (Each Accident) $150,000 each person $400,000 for more than one person Passenger Liability $150,000 each passenger, each accident Property Damage $400,000 each accident ii. Comprehensive Public Liability and Comprehen- sive Property Damage: Bodily Injury (Each Accident) $150,000 each person $400,000 for more than one person Property Damage - $400,000 each accident Hangar Keeper's Liability, including taxiing, as applicable $500,000 each accident iv. Products Liability, as applicable M $500,000 each accident C C` E. The Operator shall have his premises open and services available eight (8) hours daily, seven -43- N ri • Exhibit A Resolution No. 86 -27 (7) days per week; and shall provide on -call service during hours other than the aforemen- tioned. F. The Operator shall have in his employ and on duty during the required operating hours, trained personnel in such numbers as are required to meet the minimum standards set forth in this category in an efficient manner and otherwise appropriately rated to permit the flight activities offered by Operator. The Operator shall have available sufficient qualified operating crews and satisfac- tory number of personnel for checking in passen- gers, handling of luggage, ticketing and for furnishing or arranging for suitable ground transportation. The prospective Operator shall provide reasonable assurance of a continued availability of qualified operating crews and approved aircraft within a reasonable or specified maximum notice period. G. Air Taxi Companies Not Based on Eagle County Airport Non - scheduled air carrier companies, not based on Eagle County Airport, but who are providing service to and from the Airport, are exempted from these minimum standards and requirements. -44- I ' Pose % Ne L,2 X C-4 10 IT C, t �po DC�5c- cl 1�2 u1 -1p �o�osc �o/��f° x t any X x X 5�� X a, Q' c t �h b r 0 a �aA 7e in Q / Pro ©std Cpi.+ece .. z �I Fe r Free � ��,��ihq I.PMGn! LAST OT X x X 5�� X a, Q' c t �h b r 0 a