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Home My WebLink AboutR86-027 enacting minimum standards for airportExhibit A Resolution No. 86 -27 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 lease 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. Nis IV )Exhibit A f Resolution No. 86 -27 PREQUALIFICATION REQUIREMENTS. The prospective Operator shall submit, in written form, to the Director of Public Works, at the time of his applica- tion, 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 granting of an operating 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 aviation and general public in the Airport air service area, including, but not limited to, the following: i. The name, address and telephone number of the applicant (and if a corporation, the name, address, and telephone number of the owners of 5% 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 maintained. -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. The prospective Operator shall furnish the County with 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 10% 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. V. Exhibit A j 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 County, which 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 agreement; 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 ii { 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 negotiated 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. 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- Exhibit A Resolution No. 86 -27 ratings shall maintain such certificates and ratings as they are required. iii. 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- 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 the 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- E. >' 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 station 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. 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. U6Sa ion to be for 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, sex, age or national origin in providing any -13- 3 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 comply with such enforcement 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 repair) ; 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 construed to grant or otherwise authorize the granting of an exclusive right, except as to the areas to be occupied by the Operator, which areas shall be for the Operator's exclusive use. iv. Airport Development. 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. County's Rights. The County reserves the obligated to the Operator) repair the landing area -14- right (but shall not be to maintain and keep in of the Airport and all l 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 Obstructions. 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. This lease shall be subordinate to the provisions of 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. Indemnity The Operator shall hold the Eagle County Board of County Commissioners, the Eagle County Airport -15- SS 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, or resulting from his tenancy and activities, and shall pay all expenses in defending any claims against 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 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. 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- TT. UU VV WW. 3 Exhibit A Resolution No. 86 -27 Flying Clubs The following requirements pertain to all flying clubs desiring to base their aircraft on the airport and be exempt from the minimum standards. 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 keep 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 conditions the County will of such violations. If the violations in 15 days, the deemed advisable. Insurance. fails to comply with these notify the club in writing club fails to correct the County may take any action Each aircraft owned by the flying club must have aircraft liability insurance coverage for the follow- ing amounts: Aircraft Liability, minimum: -17- 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 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 not duplicate facilities such as restrooms, customer lounge, etc., if its lease includes the right to use the FBO's 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. MIUM I. MINIMUM STANDARDS AND REQUIREMENTS FOR COMMERCIAL AERONAUTICAL SERVICES AND ACTIVITIES AT EAGLE COUNTY AIRPORT 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- B. Aircraft Airframe and Engine Repair and Mainte- nance. II. 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- 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 provide friendly and courteous service. 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. II. 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- i di 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 safe manner, all types of general aviation aircraft. 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. In conducting fuel operations, FBO shall install and use adequate electrical grounding facilities at fueling locations to eliminate the hazards of static electricity and shall 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. 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- 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, servicing oleo struts, changing engine oil, servicing oxygen systems, washing aircraft (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's 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- III. IV J 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 expected weather conditions. F. Hangar Storage - FBO shall provide suitable hard surfaced hangar storage facilities. 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 on general 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. 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 improvements 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 general aviation terminal including 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 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. -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 improvements. i. Improved ground shall be defined as any ground on which County funds have been expended in preparation of the site, i.e., leveling, subsurfacing, drainage, paving, 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. 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. 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 utilities are to be paid directly by the 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. 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 pavement, shall be that of the Operator. M. All sublease agreements must receive prior written approval of the County. N. FBO or ASO shall be required to 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. -26- 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- lj 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 Lessee, and without interference or hindrance. X. Eagle County reserves the obligated to the Lessee, repair the landing area publicly -owned facilities with the right of direct ties of the Lessee in thL right, but shall not be to maintain and keep in of the airport and all of the airport, together and control all activi- a 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 own Exhibit A Resolution No. 86 -27 meaning of Section 308 of the Federal Aviation Act. BB. There is hereby reserved to Eagle County, its 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 with 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 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 leased 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. The lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E., to ensure that no person shall on the grounds of race, creed, colorado, -29- f T � Exhibit A Resolution No. 86 -27 meaning of Section 308 of the Federal Aviation Act. BB. There is hereby reserved to Eagle County, its 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 with 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 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 leased 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. The lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E., to ensure that no person shall on the grounds of race, creed, colorado, -29- 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 the Airport Security Program is mandatory. VII. Insurance. Insurance coverage shall be provided and paid for by the FBO in the following amounts with Eagle County, the Director of Public Works, the Board of County Commissioners, the Airport Commission and all other County personnel as additional 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. Aircraft Liability, Minimum: Combined Single Limit $1,000,000.00 Bodily Injury, Passenger Liability, and Property Damage ii. ii. Comprehensive Public Liability and Property Damage: combined Single Limit $1,000,000.00 Bodily Injury, Passenger Liability and Property Damage -30- 3 � r 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 the Airport Security Program is mandatory. VII. Insurance. Insurance coverage shall be provided and paid for by the FBO in the following amounts with Eagle County, the Director of Public Works, the Board of County Commissioners, the Airport Commission and all other County personnel as additional 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. Aircraft Liability, Minimum: Combined Single Limit $1,000,000.00 Bodily Injury, Passenger Liability, and Property Damage ii. ii. Comprehensive Public Liability and Property Damage: combined Single Limit $1,000,000.00 Bodily Injury, Passenger Liability and Property Damage -30- 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: $400,000 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 REQUIRES IXO);7 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.) 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 instruments and accessories, right. II. Minimum Standards aircraft radios, propellers, but such is not an exclusive 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 gi¢X 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- 3 3 Exhibit A Resolution No. 86 -27 MINIMUM STANDARDS AND REQUIRES IXO);7 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.) 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 instruments and accessories, right. II. Minimum Standards aircraft radios, propellers, but such is not an exclusive 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 gi¢X 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- Exhibit A Resolution No. 86 -27 III. The Operator shall maintain, as necessary, the repair station certificates as required by the Federal Avia- tion Administration, 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- 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 operations 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- Exhibit A Resolution No. 86 -27 aircraft, suitably equipped for, and meeting all the requirements of the Federal Aviation Adminis- tration with respect to the type of operation to be performed. In the case of crop- dusting or aerial application, the Operator shall provide tank trucks for the handling of liquid spray and mixing liquids. The Operator shall also provide adequate ground facilities and equipment 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: 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 } 5 $400,000 each accident ii. Exhibit A Resolution No. 86 -27 aircraft, suitably equipped for, and meeting all the requirements of the Federal Aviation Adminis- tration with respect to the type of operation to be performed. In the case of crop- dusting or aerial application, the Operator shall provide tank trucks for the handling of liquid spray and mixing liquids. The Operator shall also provide adequate ground facilities and equipment 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: 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 -35- 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- T j Y 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 standards herein set forth in an 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 operation to be performed. VII. FLIGHT TRAINING A. Statement of Concept 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 -36- Exhibit A Resolution No. 86 -27 operation, but not less than one (1) properly certificated aircraft. iii. The Operator performing the service under 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: 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- tion Administration to provide the type of ground training offered. This person may be the same person specified in (5) above. -37- r Exhibit A Resolution No. 86 -27 operation, but not less than one (1) properly certificated aircraft. iii. The Operator performing the service under 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: 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- tion Administration to provide the type of ground training offered. This person may be the same person specified in (5) above. -37- Exhibit A Resolution No. 86 -27 4. AIRCRAFT SALES (New and /or Used) VIII. Statement of Concept 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 an aircraft 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) I " 1 � 3 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 iii. 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 least 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- 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: 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 iii. 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) days a week. E. The Operator shall have in his employ (and on duty during the required operating hours) trained -40- XIII. 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. AIRCRAFT RENTAL A. Statement of Concept An aircraft rental operator is a person or persons, firm or corporation engaged in the rental of aircraft to the public. B. Minimum Standards The Operator shal area adequate to age, including a SQ. feet of floor office, restroo m i telephone facilit surfaced, on -sit suitable accommod a paved aircraft area and suffi Operator's activ' 1 lease from the County an provide for aircraft stor- building of at least 2,500 space for aircraft storage, S, customer lounge and es for customer use. Paved e auto parking space with ations for automobiles, and apron, all within the leased csient to accommodate the ties and operations shall also be provided. 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) $150,000 each person $400,000 for more than one person -41- X J 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- sive Property 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 E. The Operator shall have his service available eight (8) hours daily, seven (7) days a week. 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 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- d •, l 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 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 shall have his premises open and services available eight (8) hours daily, seven -43- Exhibit A Resolution No. 86 -27 (7) days per week; and shall provide on -call service during hours other than the aforemen- tioned. E. 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- MINIMUM STANDARDS AND REQUIREMENTS FOR THE CONDUCT OF COMMERCIAL AERONAUTICAL SERVICES AND ACTIVITIES AT EAGLE COUNTY AIRPORT TOPICAL INDEX GENERAL SECTION ONE C. Insurance ............. ..........................11 -12 (i) PAGE I. Introduction ............. ............................1 -2 II. Statement of Policy ...... ............................2 -3 III. Commercial General Aviation Operator (Definition) .... 4 A. Aircraft Line Services ..........................4 -5 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 . .............................17 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 SECTION TWO I. Services or Activities F.B.O. required to provide.... 19 A. Aircraft Line Services ..........................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 C. Required Shop Space .............................23 D. Required F.A.A. airframe and Power Plant........ 23 Mechanic (ii) (iii) } 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 .............................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) 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 toabove 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 (iv) #3 _l SECTION THREE AVIATION SHOP OPERATOR PAGE AVIATION SHOP OPERATOR REQUIREMENTS .......................32 I. Statement of Concept .... .............................32 II Minimum 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 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 D. Requirement for full time flight instructor ..... 37 E. Requirement for part time flight instructor ..... 37 AIRCRAFT SALES ............... .............................38 IX. Minimum Standards ....... .............................38 (v) 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 .......... .............................40 D. Required Hours ..... .............................40 E. Required Employees .... ..........................40 -41 XIII. Aircraft Rental .... .............................41 A. Statement of Concept ............................41 B. Minimum Standards .. .............................41 C. Required Number of Aircraft Rental ..............41 D. Insurance ............. ..........................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) PAGE F. Required Number of Trained Personnel ............ 44 G. Air Taxi Companies not Based ....................44 on Eagle County Airport (vii) Commissioner 11,`� moved adoption of the following reso ution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION No. 86 -_417 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 Commiss 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, landing 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 Eagle County Airport Commission has worked 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 n the Eagle _V�al_l�e�y E_n_t_erpr_ise on the "Minimum Standards And Requirements For The Con uc —Commercial Aeronautical Services And Activities At The Eagle County Airport" as proposed by the Eagle County Airport Commission; and 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 llth day of March, 1986. COUNTY OF EAGLE, STATE OF COLORADO, By and Through its Board of County Commissioners L-0 I Commissioner 1- 6- q %mY,4-1) seconded adoption of the foregoing resolution. T e roll having been called, the vote was as follows: Commissioner Donald H. Welch w Commissioner Richard L. Gustafson Commissioner Sohn F. Loughran L_61_,_� The resolution passed by p4A vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -2- 1 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 llth day of March, 1986. COUNTY OF EAGLE, STATE OF COLORADO, By and Through its Board of County Commissioners L-0 I Commissioner 1- 6- q %mY,4-1) seconded adoption of the foregoing resolution. T e roll having been called, the vote was as follows: Commissioner Donald H. Welch w Commissioner Richard L. Gustafson Commissioner Sohn F. Loughran L_61_,_� The resolution passed by p4A vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -2- MINIMUM STANDARDS AND REQUIREMENTS FOR THE CONDUCT OF COMMERCIAL AERONAUTICAL SERVICES AND ACTIVITIES AT EAGLE COUNTY AIRPORT EAGLE COUNTY, COLORADO SECTION ONE GENERAL 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. 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 II Exhibit A Rcaolution No. 86 -27 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 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. 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 facilities and the furnishing of selected aeronautical -2- ;Exhibit A Rcaolution No. 86 -27 services subject, however to the Minimum Standards and Requirements as established by the County as set forth herein for Commercial Aeronautical Services and Activities at the Airport. In all cases where the words "standards" or "requirements" appear, it shall be understood that they are modified by 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 conducting 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 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. A Fixed Base Operator (FBO) shall provide the following minimum activities or services: A. Aircraft Line Services: 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 IM ,,/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. xiv. Sale of beverages, cookies, candy and cigarettes. 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 (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. iv. Aircraft Sales and Rental (new and /or used). -5-