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HomeMy WebLinkAboutR96-087 amendment of Airport PUD--~ . ~ ~.,. ~ °"` ~"~ Commissioner _ coved adoption of the fo lowing Resolutioa: RESOLUTION OF TSE COUNTY OF EAGLE, STATE OF COLORADO J RESOLUTION NO. 96- ~~ a 0 °. APPROVAL OF AMENDMENT OF x~~ THE EAGLE COUNTY REGIONAL AIRPORT PLANNED UNIT DEVELOPMENT FILE NO. PD-259-96-A ,;~ ,~ ti :~ a~ ~ ~ WHEREAS, on or about May 9. 1996, the County of Eagle, State of ~ Colorado, accepted for filing an application submitted by '~'x ~ama~ D Elwood Manager. Eagle County Regional Airrort (hereinafter ~,~ "Applicant") for amendment of the Eagle Counter A~port Minor Planned Unit ~.,,x Development, near Gypsum, Colorado (hereinafter the "PUD"), File No. PD_ ~ 259-96-A; and .. ,-a d' J O ~: `,,~,~ WHEREAS, the Applicant requested the amendment of the PUD for the . o purposes of ~„rrPaG;,,g the maximum building height from 45 feet to 65 ~ J fE?ar and other miscellaneoLS updates; and ~ a~ o r+ eu c~ '~'0,~ WHEREAS, notice of the proposed amendment was mailed to all owners °,' of property located within and adjacent to the PUD and was duly published '~' in a newspaper of general circulation throughout the County concerning ~ the subject matter of the application and setting forth the dates and r~,.~ times of -hearings for consideration of the application by the Planning T? ~-~ Commission and the Board of County Commissioners of County of Eagle, i~±+ ~ State of Colorado (hereinafter the "Board"); and ~ T ~ ,~ ~ T «3 s ~ WHEREAS, at its public meeting held June 5. 1996, the Planning "'~ Commission, based upon its findings, recommended approval of the proposed PUD Amendment; and WHEREAS, at its 1 ~lic meeting hearing of ~ 18. 1996, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff. Based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Planning Commission and staff, and comments from all interested parties, the Board finds as follows: 1. .The proposed amendment to the Eagle County Airport Minor Planned Unit Development Control Document is consistent with the efficient development and preservation of the entire PUD. 2. The proposed amendment does not affect in a substantially adverse manner either the enjoyment of the land abutting upon or across the street from the PUD or the public interest. 3. The proposed amendment shall not solely confer a special benefit upon any person. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO1~II~lISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by James P. Elwood, Manager, Eagle County Regional Airport for amendment of the Eagle County Airport Minor Planned Unit Development Control Document be and is hereby approved as, Exhibit A, Eagle County Regional Airport, Planned Unit Development Control Document; The Board finds, determines, and declares that this Resolution is necessary for the health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. 2 MOVED, READ AND OPTED by the Board of Cou _ Commissioners of the Count of Eagle, State of Colorado, at its regular meeting held the day of ~ J_ ~~ 19~, nunc pro tunc to the 18th day of ~.~, 1996. `W ~p ~~ 4 ~ ^"'~! ; ATTEST: ~ ""` "'_~ -" ~ ~~:~~ BY : Gs 7 Gf ~~ Sara J. Fisher Clerk of the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY CONII~I I S S I ONERS BY: George Gates, Chairman BY: hnnette Phillips, Commissioner BY: es E. Johns Jr., issioner Commissioner ~.~~~~1-n.,0-~ 1'~J seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: .C \ Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by ~ ote.of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 EXHIBIT A EAGLE COUNTY REGIONAL AIRPORT PLANNED UNIT DEVELOPMENT Control Document Amended 6/18/96 EAGLE COUNTY REGION IRPORT PLANNED UNIT DEVELO . TT PAGE 2 The Eagle County Regional Airport Planned Unit Development represents a unique use in Eagle County, being the only public airport in the county. It is also unique in that it is operated by the Boazd of County Commissioners. It is also subject to regulation by the Federal Aviation Administration. As a public airport, there will be a mixture of uses which makes standazd zoning for the airport impractical. ~ . Contemplated Uses to be Allowed on the Airport. A. Aircraft landing field (fixed wing and rotorcraft). B. Airport related businesses (Fixed Base Operator and Airport Specialty Operator). C. National Guazd Facility. D. Office Space (aviation related). E. Airport related restaurant(s); snack baz; gift, newspaper and magazines sales. F. Caz rental. G. Private hangazs (T-hangars and executive-type hangars). H. County road and bridge facility. I. ~ Airport maintenance facility. J. Airport emergency vehicle facility. K. Airport terminal facility. L. Airport flight service station and/or control tower. M. Airport parking facilities (lot or structure). N. Rental caz facilities. O. Group Home for juveniles. P. Open Space. Q. Recreation. R. Agriculture. S. Limited gravel mining (for use within the P.U.D.) T. Airport or other county offices. U. Contractors yazd for use during construction on the airport (only). V. Underground fuel storage. W. Fire station. X. Utility facilities. Y. Accessory buildings. Z. Aviation-related industry. Prior to use of any part of the development, the proposal is considered by the Boazd of County Commissioners. Use and construction on the airport is regulated by the Eagle County Regional Airport Rules and Regulations, which aze adopted by the Boazd of County Commissioners. (A copy of the Eagle County Airport Rules and Regulations in force at the time of this application aze attached and mazked Exhibit A.) These Rules and Regulations aze subject to change or amendment by the EAGLE COUNTY REGION. [RPORT PLANNED UNIT_DEVELOP fT PAGE 3 Board of County Commissioners. All Fixed Base Operators and Airport Special Operators are further regulated by the Minimum Standards for Fixed Base Operators. (A copy of said Standards is attached and marked Exhibit B.) Said Standards are subject to change as provided therein. Further non-county use of any part of the P.U.D. is regulated by lease conditions imposed by-the Board of County Commissioners. All structures further require permitting through the F.A.A. to ensure they do not conflict with safety requirements. Architectural Review -All plan and building designs are reviewed by the Airport Manager. Any decision of the Airport Manager may be appealed to the Board of County Commissioners. II. Building Controls A. Setbaclcs 1. Minimum setbacks from Cooley Mesa Road or U.S. Highway 6 -.50 feet. 2. Minimum setback for new building from center-line of runway as prescribed by F.A.A. regulations shall be observed. B. ei t 65 foot maximum height for all structures except control tower, beacons, or other navigational aids or lights. C. Building Envelopes Building envelopes shall be designated by the Board of County Commissioners in its role as airport owner prior to construction of any new structure. D. Use Standards . All areas shall be kept free of noxious weeks, junk, and general clutter or other nuisance. E. Road and Bride Facility The Road and Bridge Yard shall be screened from general view by adequate fencing or landscaping. F. Wildlife Control As funds permit, fences shall be constructed to prevent or hinder the access of deer to runway or taxiway area. G. Long Term Leases EAGLE COUNTY REGION, ~ [RPORT PLANNED UNIT DEVELOP 'T PAGE 4 Leases of a term of up to and including a period of sixty years may be entered without further subdivision review for, but not limited to, Fixed Base Operators, Aviation Specialty Operators, National Guazd Facility ,Fire Stations, or Pazking Facilities on the Airport P.U.D. H. Any sign must be approved by the Eagle County Board of County Commissioners before attachment to any buildings or other erection at the airport. Structure Exteriors Exterior building and roof colors shall be approved by the Board of County Commissioners prior to the erection of any structure,•to ensure a compatible color scheme with other nearby structures. APPROVED by the Board of County Commissioners of the County of Eagle, State of Colorado, on the _ day of , 1986. Nun pro tunc Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its Board of County Commissioners By: George A. Gates, Chairman By: James E. Johnson Jr., Commissioner By: Johnnette Phillips, Commissioner EXHIBIT A = ND E X FOR E AG L E ~.'OUNT Y R E G 2 ONA L A= R P O RT RULE S AND R E GU L AT 2 ON S TOPIC ?AGE. Ge?zera-1....-. ...:....:................................... .1 Def.nitions.......... ....... Aircraft Operations .................................... ........3 general Rules........... .................................. 4 Confineme:it of Aircraft Operations ..............................5 Larc~ings and Take-OfTs .................................... 7 Grcund Gperations ..................... .... Parking of Aircraft .............................................8 Cleaning a:~d Maintaining Aircraft ........................ ......9 Aircraft Accidents ................. ............................. 9 Da*_nage tc Airport P?-operty ............................... ••.10 F~.re Hazards, Dangerous Articles, & Fueling ....................ll t:'ont=-oI of Airport Vehicular Traffic ..................... .15 Commercial Activitie8.......... , Una~it~:ori~ed Activities ........................................18 1 G Standards for Location and Constrt~ction of Hangars .............20 Airport Fees and Charges ............................ .21 Appended Ii:formation ...............'............................21 -i- EAGLE :OUNTY REG2O1` L A=RPORT R _ ~E S a?I~7D REGUL TIONS I. GENERAL A. RULES AND REGULATICDIS 1. These Rules and Regulations supersede and cancel all previous rules set forth by the _ Eagle county Board of Commissioners for the regulation of the Eagle County P.egi o!1a1 Airport. Ail rules Gild regttlat~ons promulgated hereunder s:1a11 apply to ar_y use or operations ~ of Ai?'po?-t facilities that may have existed prior to t11e establishment of these rules and Regulations; and any person who shall have t!sed the facilities of the Airport prior to this time shall be e:~pected to conform in the same manner and extent as any subsequent users. .:,. Amendments, additions, deletic!!s ar corrections to these ?toles and Regulations may be promulgated by the Eagle County Board of Ceu!ity Commissi oiie~-s . =:. All persons o1! any part of the property compri siticr tl!e Airport shall be governed by the Rttles and Fegulations prescribed herei!1; 1lerei:l«fter promulgated, and by such :~ubsegT_te:?t additions, amendments and/or modifications hereto as may be adopted by the Board relative to the use`or oc~upat:ion of any part of the pt-operty or fac_lities thermion comprising the Airpp'_-t . 5. Special Regulations; ?~7otices, Memorandums, or . Directs o!1s of an operations nature of interest to persons engaged in business with Eagle County Airport may be issued under the authority of these Rules and P.egulations. B . DEs I:3ITIONs 1. "Airport Operations Area", meads any area of the airport used or intended tc be used for landing, taking off, or surface maneuvering of aircraft as identified in the Airport Operatic?1s Manual. -1- 2. Airport Operations Manual, means the document, including Airport Cperations, Airport Security, and Airport Emergency Plans, as submitted to and apprc•ved by the Federal Aviation Administration. ?. "Airport", means the Eagle County Regional - - -Airport located approximately midway between Eagle acid Gypsum and lying parallel acid to the south of U.S. Highway 6. 4. "Airport Manager" means the official appoitltsd • b;~ the board and charged with the responsibility for operations and maintenance of the Airport under the instructions of the Board. 5. "Authorized" means acting under or pursuant to a written contract, permit or their evidence of right issued by the Board. 5 . ''Board" . used hereinafter shall be tl~e Board of County Commissioners of Eagle County, Colorado. 7. "Commercial Activity" means the trading; buying; hiring, or selling of commodities, croods, services or property of any kind, or any re~Tenue producing activity. 8. "Maintenance" means inspection, overhaul; repair, p~-eservatlon, and the replaceme_t of pasta; but excludes preventive maintenance. 9. FAA meats the Federal Aviation Administration. 10. "Persor_" means any individual person, business firm, or body politic, or any other group or associatiotl of persons, possessing legal entity, who shall or may have any contact with or bear any relationship to the Airport or its operation. 1? . "Prez.~er_tive Maintenance" means simple or mitlor preservation operations and replacement of small standard parts not involving complex • assembly oaeration. 1~. "F.egitlations" means these regulations as amended and supplemented. -~- 13. "Underground Storage Tank" means any one or combination of tanks, including underground pipes connected thereto, except those excluded from this definition pursuant to §8-20-501, et. sea.. Colorado Revised Statutes, as amended. that is used to contain an accumulation of substances regulated by the United States _ Environmental Protection Agency pursuant to Subtitle I to the Resource Conservation and Recovery Act, as amended, and the State of Colorado pursuant to §8-20-501, et. seq., Colorado Revised Statutes, as amended, and the volume of which, including the volume of underground pipes connected thereto, is ten percent or mere beneath the surface of the ground. C. AIRPORT MANAGEMENT An Airport Manager designated by the board shall act as its representative and under the instrttc~ions of the Board in supervising the use of the Airport facilities by any and ail users. In the abse~lce of any duly designated Airport Manager, the Board shall appoint a respresentative to execute the m- instructions. -. AIRCRAFT OPERATIONS A. G~PIERAL INFORMATIOPd Latitude: 39 38' 33" N LengitudJ: 106 54' 36" W Elevation: 6,538 Feet Radio Frequencies: 123.6 Flight Service Station 122.95 Unicorn r3avigatior_al Aid Frequencies: 109.2-TVOR/DME 11C . 1-LOC,'DME Distance from City: 5 Miles SW of Eagle, Colorado Surfaced Runways: 7j25 8;000' x '5C' (Weight Capacity 110,000 dwg) - 3 - Lighting: MIRL•, PAPI, REIL, Rotating Beacon, Lighted Wind Cone, South Ramp P.rea Recommended Traffic Patterns: Left Traffic Runway 25, Right Traffic Runway 07 Noise F.batemelzt Procedures : Climbing left turn _ _ upon departure Runway 25, do not over fly Town of Gypsum, Climbing left turn upon departure Runway 07, Do not overfly Town of Eagle. B. GENERAL RULES 1. Thesa Rules and Regulations shall supersede all previously designated traffic patterns, operation letters, and any rules heretofore applying to the Eagle County Regional Airport. 2. Aircraft landing, taking off, taxiing, or maneuvering in the vicinity of the Eagle County Airport shall conform to all Federal Aviation Regulations as published by the Federal Aviation Administration (FAA) and all Eagle County Regional Airport Rules and~Regulations. 3. An:r person not complying with Federal Aviation Regulations and operations rules prescribed by the Board will be removed or ejected from the Airport upon order of the Airport Manager and may be deprived of further use of the Airport and its facilities for such length of time as may be deemed necessary by the Eagle County Board of Commissioners to insure the safeguarding of County of Eagle property, t:1e public, and its interest therein. 4. All persons shall use the Eagle County Regional Airport at their own risk. The County of Eagle shall not be liable for losses sustained from property damage, personal injury, or death resulting from any accident involving aircraft o?- other private property occurring within the limits of the Airport. 5. The Board reserves the right to modify, delete or add to these Etules and Regulations, which may b~ necessary for the safe operation of aircraft or personnel using the Airport. -4- 6. The Ate?-COL"~ ~IdIldCjer ?Tlu`~ p1"^il'_~lt a1rC~3f'" oneration~ =.aller_ ill ilis judgement; conditions are suca that cortillued eper,ations would be ~_lnsafe Gr unwise. The Airport Manager ilas file aut~lOritlr tO iSStl? a r1OtiCe tG AlrillFn (r1OT1~.!''I` . tG ClOSE 3r Jpell file AllpGrt, Or any pOrti0I1 thereof. The AirpGrt I~anagei will f011O4,7 gti1de11ile° establi~heZ l.il the Ai rpGrt - Operat_ons ,'lanual i ncludillg sectlrit~ and emergency operations plans. iIl the absence o~ the airper~ Manage= . *_lle Ccunt_r Manager wil' assume the respol:sibility for these actions . 7. All pilots uti=_~il1g t11e Airport are expected '.e e Th_bit common CGtl1 t°.~-, ieS CGiltr i btltliig t0 the 3ai2 alld eTL1C_ent Opel-at?Gil of all aircraft. 8. Negi'_gellt Operations Prohib=tea: ;a) operating all aircraft in a carele~~ or negligent ,Wanner o1- i it di sregard = . the r1_gh'~S ally safety of otllErs is prollibitei. t'" ~ Cneration of an a~ r craft that is ~o COnSt1-ttCte~. aCtlipped G1 ~ GaCe~ aS t~~ elldailg°_I- o_ _s li ke_y tc elldar_ger persons :r prope_ tI i _ p1-ohib..2d . ' ~~ . Oellial o. Jse Gf Ai roc} t . T_lE ~i_=GI t- I"Iallo.Cfcr Rld~~ Ci°_11I' the L1S°_ Gf ti1F' alrpOrt CG 311_' _~11.~~t iIl ~liCldti~Cli Cf '~_??Se - =Q~11 at~Ci1S 311E Silal ± i13~~E }lle aUtll:~l-1 ~~' t =~ ~l~se the airport ~?r 3Ily pOrL1JI1 .~.f _~` t:~ 31r •_peraticlls cr ~c~ any specific aircraft Gr class •or aircraft if . ~r_ '_lis opillioll: the ::~- of thF All-p:~rt by the ? :.r Cr 3f t mlgllt eI1C'ialiCfel- pets^11S Gr prcpert7 cr j eopardi_e the opera'.=opal eff;c~ellcy Gf =i:e Airport. 10 . Based P.~rcraf~ . it ' S Gr,~11i17it2r' :'.1rpClt Unle5° a cbtain_d :_-om L11E Cper3t r alld al. been ~ai~. tO ~aSe 311 ali:Craft at tle tNr 1ttE11 agreement leas been Airport tdanagel- or Filed Base r EQUired rPeS Or I-entS l1aVF 11. Hang gliders, balloons, gyro-copters, ultralights, or any other aircraft not carrying FA.A certification are prohibited from take-offs and landings at the Eagle County Regional Airport. 1'. Aircraft Weight Limitations. No aircraft having a listed Manufacturer's Maximum Gross Takeoff Weight in excess of 200,000 DWT/110,000 DWG pounds shall~be operated on the Airport without the authorization of the Airport Manager, County Manager, or the Board of County Commissioners. 13. Student Pilots. Student pilots who operate aircraft on the Airport shall be accompanied by a certificated flight instructor unless they are certified as competent to conduct solo operations by a FA.n certified flight instructor. C . ~~OPdFIPdEMENT OF AIRCRAFT OPERATIONS Take-offs, landing and taxiing of all aircraft shall be limited and confined to designated runways, taxiways, and aprons. P.ircraft~flying within the airport approach zones occupied by the Eagle County Regional Airport and at an altitude of 3;000 feet or less above the surface shall conform to the traffic patterns contained herein. Pilots in violation of this regulation will be contacted by~Airport Management and reported to the appropriate FRA agency. 3. warm-ups and final checks prior to take-off must be performed on taxiway or ramp areas and not performed on the active runway, remaining clear of the runway at all times. -6- D. LAN GS AND TAKE-OFFS 1. Traffic patterns at the Eagle County Airport are left traffic for Runway 25 and right traffic for Runway 7. 2. Lauding aircraft shall clear the runway as soon as practical onto taxiways and avoid bac'--. - taxiing on active runway. 3. Aircraft desiring to remain pattern after takeoff shall alti tilde after the first 90 shall thereafter follow the set forth in ''Exhibit A" app in the traffic climb to pat~arll degree turn and traffic pattern as fended hereto. 4. Touch and ga lalidings and pattern flying may be conducted provided the pilot follows established traffic patterns and mairtaill~ proper communications with other traffic tltlllZlllg the facility. 5. All aircraft departiilg Eagle County Regional Airport caill fellow standard FA.A departur= procedures alld!~~r noise abatement ?rocedures, avoiding over-fl1illg the Towns of Gypsum and E acne . E . GRCUND OPEkATIGPdS 1 . Aircraft Engille~ . (a) St~rtl.llg, 1"~lnillll~ OZ- operatillC~ all alI'Cr~f`_ engine by persons other tha21 li~ell~e~ ~_1.Cr'c . me•_i.anics or st~:dent pil~cts; is prohioiz= . (b) It i s prohibited .o start an air^raft El.gi e witlout a lice_ls.d pilot or r~ualified pe--scli acceptable to the yi rport, such as ail A«r mechanic , at tale controls and blocks or ~ilocks placed in front of the wheels and/or parl~:illg brakes are ill }he applied position. (c) F,un-up of jet or turbo-prop engines (for purposes other than takeoff preparation) is prohibited except '_11 areas designated b1' the Airport *~anage*_- on county property or the Fixed base Operator on its leased property. (d) It is ?rohibite~' tc leave all aircraft unattended with ell~*illes running. Moving ~f Aircraft. a) No person shall taxi an aircraft until he has asc_rtained there is no danger of collision ~•r»h any persons or objects in the imme3iate area . (b) All aircraft including rotocraft, shall be ta_~ied at a safe and reasonable speed following .AA p.ocedures and guidelines and with due r=gard for other- aircraft, persons, and p-,opP-_t`.I ,~c; An;- person who positions, starts, or runs-up el~c~lles or who taxis an aircraft is required to J_t_e_cise due care to assure that propeller si.i?str?am or jet blast t~7111 pct cause inj~:::y to persons, scatter debris, or damage property oll .ha Airport or in areas adjacent tllersto . P =.~.?{~?dG ~~F AIRCRAFT . ' a A~rc?-aft may not be parked an1~taLere cn ~'..e .irpert in a position blocking access of ~~ther aircraft far taxiing to and from parking areas _,~ __anra~ s . lbl A_;.-craft, both based and transie:lt, play ':~e ?=z':ed and stored at the Ai 2-port only i n des_•~n.ated areas. Aircraft foun3 to be '_il v_c~lat~on of this regulation may be remoz.-ed ~y t::° ~-irport Mdilager at file riSit alld e=ipE'_1S. •~f ~~:~ ~F~iller . i L Any Vie?-soli iJai"I~:inC~' and lea~li11C5 all 31.rcr a= t L:i? ~ttellded is . egLlired t0 e11SLir° that i ?' ~ti ^e~-ly tied dowl. and that the iail~~l:g ~?°~r iS proper ~ y chocked P7it11 wllee ~ blocks . ;d' jl. aircraft may not be parked in any part of ti:e =irp~ort except in a designated transient ai_craft parking area, a leased tie-dorm space as aswi glled, or other leased property wi t11c:~t a..pressed permission of the Airport Manager. `J?!:•i: i:1Str!'tCt1011 from t12e Airport Manager, the epa_aLor of any aircraft parked or stored on tl~° ~=.~?-pnr ~ In V~Olati0ll of tills provisiC•I1 ~i1a11 riove the ai_ craft from the Airport or to -h- another designated place the tiirport. If the operator refuses to ..umply with the instruction, the Airport Manager may order tl~e aircraft towed to a designated place at tl:e operator's r=sk and expense, or removed from the Airport. (el No aircraft shall remain overnight or in ~cess of twelve hours at the airport without paying _ _ the. reruired tie-down fees without tl~e written permission of the Airport Mdild~~e'_". ~ . CuEANING AND MAIiiTA2?~1I~1C; AI°.CRAFT . Aircraft maintaT=ante, pai:lting ar:d was-'_1i:lg shall ~e conducted only in designated areas and under the conditions set forth in these Rules and Regulatio?,s and in compliatlce with any applicable State or local fire regulations. 5. Derelict/Abandoned Aircraft. (a) Abandoning aircraft anywhere on the Airport is prohibited. The Airport Manager may remove abandoned aircr«ft from any portion of the Airport at the solJ risk and e:~pe?lse of the owner. (b} Derelict or damaged aircraft in obvious need of ma;or repairs shall not be permitted within tie-down areas and may be removed by Airport Manager at owner's expense and risk. ITT AIP.CRAFT ACCIDENTS Anlr person operating at: aircraft whc is involved i an accident on tl_e Ai~pert resulting ~n in;urjT o?- death to any person. or damage to any property, shall .stop the aircraft at t'_ie scene of the accide~~t, notify the Flight .Service Station office, the Airport Manager, ar the County Manager and compl~T with the applicable provisions of the National Transportation Safety Board Regulations. 2. Aircraft operators Who are involved in acciden~s on the Airport, and the owner of the aircraft, if of±ier than the operator, shall make a full written report • to the Airport Manager withir_ twenty-four hours after the accident, or as soon the=-e after as -a- p~ ible, including the names __id addresses of the individuals involved, the registration of the aircraft(s; involved, the license number of the pilots involved and all other information relevant to the accident. 3. An aircraft involved in an accident may nct be removed from the scene of the accident until clearance to do so has been granted b,j the Airport Ma?:alter in agreement with the Federal Aviation Administration and the National Transportation safety Board. 4. P_irport Manager will file a written report of any accident on airport property or in airport traffic areas within twenty-four hours of notification. 5. Damage to any airfield lighting equipment or fi~ztures by means of contact will be considered an airport accident and shall be reported immediately to the Airport Manager or his representative by the pilot of the aircraft involved. Such individual will be fully responsible for damage as covered in the paragraph below and required to follow accident reporting procedures as described in Section II., P_ircraft Accidents . B. DAMAGE TO AIP.PORT PROPERTY. 1. In the event of damage to airport property from any type ~cf accident including, but not limited to, gash, fire, pilot error, aircraft equipment mai~>>nction, or -general operations; the owner or operator of the aircraft involved is responsible to the beard for damage, the amount of which is to oe aticertainad by the Airport Manager who shall report said damage to the Board and the Board shall req?~_~-e payment by the owner or operator. 2. Should the owner or operator fail or refuse to pay the amount of the claim for damage, a full report of the circumstances on which the claim is based and a copy of the claim shall be forwarded to Counsel fo~- the board, wino may institute necessary legal proceedings fo?- collection of the claim. -10- C. REMOVAL OF DISAELED AIRCRAFT 1. Aircraft owners, or operators, and airport t~naTits shall promptly remove disabled aircraft and parts of disabled aircraft from the Airport unless directed to delay removal by the Airport .Manager o?- a ~ ede?'al agency. ~. Disabled aircraft may not block the Air Operatio_is P_rea unnecessar.ly. When a disabled aircraft is blocking or deiayir_g the opening or use of and portion of the Air Cperations P_rea, the owne_ •~r operator of the aircraft shall make immediate arrangements tc have the aircraft removed. If remo:rai of the aircraft is not initiated as soon as reasonably practicable or is not progressing at a reasonable rate, the Airport Ma:iage7- :nay have tl~e aircraft moved at the expense and risk of the owner. IV. FIFE H.~,ZARDS, DANGEROUS ARTICLES, AND FUELID7G OPERATIONS ?, . B C. CLEANII`1G OF AIRCPAFT The use cf flammable 1.quids in the cleaning of aircraft, aircraft engines, or other zquipmert or parts of aircraft '_s prcilibited unless t11es° cleaning operations are conducted in open areas or in facilities approved for that p~2rpose and arm performed in accorda==ce with State of Colorad•~ Revised Statute Sections 32-5-337 to 32-5-',4=; eagle COU?'ity Building"P.egulations, and tale Uniform Fire Code, as amended. CLEADII:IG FLUIDS Ali cleaning fluids of a vaporizing nature shall be stored or transported in contair_ers with dispensing devices which comply with applicable sections of State of Colorado. Revised Statutes, Section 32-5-337 to 32-5-343 and the Uniform Fire Code; as amended. OPEN FLP.ME OPERATIONS Oper_ flame oper~tio~is are proiiibi ted unless conducted pursuant to Airpor± Rescue and Firef_ghting training as directed and with the prior approval of the Airport Manager iIi designated area. -~1- D. ST sE CF HAZP.RDOUS MATERIAL Flammable liquids, gases, explosives, signal flares or other hazardous materials shall be stored and kept in containers specifically designed for storage of hazardous materials. These containers must meet standards and requirements of the Uniform Fire Code, Er_vironmei?ta'_ Protection Agency, and State Health Department requirements. Storage of hazardous - - materials must be reported to and authorized by Airport Management. Any hazardous materials' stc?-age not meeting above standards will be removed a:~d disposed by Airport Management at owner's risk, e~ Pense, and liability. E . LUBRICATIP3G OILS ?. Lubricating oils stored, kept or transported on or through airport property will be handled in accordance with federal, state, and county guidelines and regulations. 2. The storage of empty lubricating oil drums, cans, or containers on the airport is prohibited, except in approved areas designated by file Airport Manager. P=troleum products such as waste oil, hydraulic fluid, contaminated fuels or other ob;ectionable industrial waste shall not be disc?urged except into traps, pans, or containers specifically provided for that purpose. _ F. HAZARDOUS WASTES The storage of hazardous waste at the Airport is prohibited. All hazardous waste generated on airport property will be promptly removed by generating parties and disposed of following all federal, state, and county guidelines. G . S?~IOKING _. Smoking or carrying lighted cigars, cigarettes, pipes, matches or any open flame is prohibited on airport property including all airport operations areas, aicraft fueling areas, and Biel farms. Smoking will be permitted only within buildings or enclosed areas where smoking is specifically permitted. -1~- ope?~ations a?-e permitted only in open areas or in properly ventilated buildings as approved by the Airport Manager, the Uniform Fire Code as amended, and the Eagle County Building Department. 2. -Only-persons who are properly clothed for safety and self-protection are permitted to enter or work in a doping or spray painting room while doping or spray painting operations are being conducted. I. EX?=~LOSIVES, POISONS, AP1D RADIOLOGICAL MATERIALS The storing, retaining, handling, using, dispensing, or transporting of any explosives, poisons, o?- ?'adioactive cargo is prohibited without the written permission of .the Airport Manager, County Manager, or the Board of COttnty Commissioners. The Airport Manager will designate a remote and separate holding area for parking aircraft carrying explosives, poisons, or radiological materials until such time permission, disposal, andJor issuance of applicable and required permits is finalized. J. OPERATING AIRCRAFT ENGIIIES IPd HANGARS Except for the air rotation of jet aircraft c•~itliout ignition, starting or operating aircraft engines inside any hangar is prohibited. K. HEATING SYSTEMS IN HANGARS Only heating systems and devices approved by the County Building Department may be installed in hangars. Installation will be in accordance with the Uniform Fire Code and the Uniform Building Code, as amended. L. ELECTRICAL EQUIPMENT AND LIGHTING SYSTEMS 1. All electrical equipment shall be in accordance with the National Electrical Code, latest edition. 2. The use of a portable lamp without a protective guard or shield in any maintenance shelter or hangar is prohibited. 3. No outside lighting shall be installed that would inhibit aircraft operations visibility in the normal use of the Airport. Any such lighting found to impair pilot visibility will be immediately removed by responsible party or shall be removed by the County at the e::pense of the party responsible. '~- M. FIRE APPARATUS All tenants or lessees of hangars or shop facilities snail supply and maintain adequate and readily accessible fire extinguishers for the protection of property. All fire extinguishing equipment shall be maintained in accordance with the State of Colorado, _ _ Revised Statutes and the Uniform Fire Code as amended, and the National Fire Protection Code. N. FUELI?3G AND DEFUELING OPERATIONS 1. All persons engaged in fueling operations si1a11 complete an aircraft fueling course acceptable to the Airport Manager and the FAA. 2. No aircraft shall be fueled or drained while the engine is running, or being warmed by the application of external heat, except when specifically required by medi-vac aircraft. ~. No person shall operate anlT radio transmitter or receiver or switch any of the electrical appliances on or off in an aircraft during fueling or defueling. =1. Du_ing fueling and defueling the aircraft and the fuel dispensing apparatus shall be both grounded to a point or points of zero electrical potential. ~. Persons engaged in fueling and defueling shall e.~ercise every precaution to prevent the overf.ow of fuel. ~. No smoking will be permitted within one hundred feet of an aircraft being fueled or drained. 7. No passenger shall be permitted to remain in an aircraft during fueling and draining operations. 8. Adequate fire extinguishers shall be within easy reach of all fueling and draining operation. 9. Fueling hoses and equipment shall be maintained in a safe, non-leaking condition. 20. All f::ei vehicles will meet all FAA and Department of Transportation regulations and guidelines. -14- 11 . All ~.oses , funnels , and appurte~~ances used i 11 fueling and defueling operations shall be equipped with a grounding device to prevent ignition of volatile liquids. 1~. Jet fuel dispensing operations shall provide for the recirculation of the fuel prior to and during delivery of fuel to the aircraft. O. UNDERGROUND STORAGE TANKS 1. No person shall install an underground storage tank (UST) on the Airport property without prior written approval of the Board of County Commissioners. ~. Any UST permitted to be installed on the airport property shall conform with the UST regulations prescribed by the United States Environmental Protection Age!zcy (EPA) pursuant to Subtitle I of the Resource Conservatoire and Recovery Act (RCRA), as amended, and the State of Colorado pursuant to X58-20-501, et. seq., as amended, including standards relative to UST's installed before or after December, 1988 and requirements for UST closure, leak detection and reporting, and financial responsibility. 3. Any person permitted to install or maintain a UST on the airport property shall agree, in addition to being required to meet the finanncial respo:lsibilty requirements mandated by RCRA and the State of Colorado, to assume full financial responsibility for the cost of cleaning up any leak and payment of compensation for bodily in;ur:r and property damage caused by such person's leaking UST. V. CONTROL OF AIRPORT VEHICULAR TF,AFFIC A. VEHICLES For the purposes of these rules, vehicles shall be considered all conveyances, except aircraft, used on the ground to transport persons, cargo, or equipment. -1~- B. G RAL RULES 1. No person shall operate any motor vehicle on the Airport other than ill accordance with the ge~leral rules prescribed for the control of such vehicles, except when given special instruction by the Airport Manager or in cases of emergency involving danger to life or property. 2. No motor vehicles, other than air operations areas vehicles as identified by Airport Manager, shall be permitted on ramp areas and tie-down areas. When within air operations area, such vehicles must display proper identification as provided by the Airpt~?-t Manager 3. All vehicles being operated on the Air operations areas of the Airport shall be painted, marked, and lighted in accordance with FAA Circular AC 150/5210-5, or as directed by the Airport Manager. 4. vehicles on ramps shall be driven at a safe and reasonable speed, but not to exceed fifteen miles per hour. C. PROHIBITED VEHICLES All vehicles, except for air operation vel?icle~ as desigr_ated by Airport Manager or used by based airc:.-aft/private. hangar owners to gain access to leased areas, are prohibited without written permission of Airport Manager. D. UNLICENSED VEHICLES Unlicensed passenger transportation modes ~f any kind shall not be operated on the Airport without specific authorization of the Airport Mar_agement. E. TAXICABS No person shall operate a taxicab or commercial vehicle carrying passengers for hire from the Airport unless such operation is with the appro~/al of the Eagle County Board of Commissioners and under such terms and conditions as they prescribe. -1G- F. RENTAL CARS 1. Only companies or agencies which have a written car L elltal contract with the Eagle COtlnty Board of Commissioners or Fred Base Operator are permitted to engage in car rental business at the Airport. -G. BARKING 1., Automobiles, trucks, or other motor vehicles shall not be~parked in or in front of hangars, except for service or delivery vehicles, then only long enough to make said delivery. 2. No person shall park a motor vehicle on the Airport other than in a leased area or an area designated for parking or approved by Airport Management. 3. No person shall abandon any motor vehicle on tl~e P_irport, or park a motor vehicle on the Airport in a public parking area ill excess of seventy-two consecutive hours unless express approval for such parking is obtained from the Airport Management. Exceptions are the parking areas within a tenant's leased area. H. EMERGENC`j VEHICLES 1. Emergency conditions which may e.,ist within ::r surrounding the Air operations Areas do not mitigate or cancel any ezisting regulations. 2. Under emergency conditions such as an aircraft accident or fire, access to the scene is de:lied to all vehicles o?- persons except those whose duties require their presence. The Airport Manager shall determine when normal operations may be resumed. I. MOTOR VEHICLE ACCIDENTS 1. A person operating a motor vehicle on the Air Operations ?areas, who is involved in an accident resulting in injury to any person or -17- alnages to any property, 11 stop the vehicle as close tc the scene as possible without obstr_ICting traffic, notify the Airport Manager and remain at the scene of the accident until ize leas given full report to the investigating officer. Upon request, any relevant permit. license, registration or other documel~ts sllal= be =1?OWIl to the investigating official . - .. A person operating a motor vehicle on the Air' operations Area who is involved in au accident and the ocaner, if other than the operator shall ma'~:e full Written report of the accident t:~ tl:e Airport ?~Ial:ager W1th1.I1 ti•Tellty-four llour~ after tl~e accident. The report shall inc'_ude tl:e names and addresses of the individuals involved, a description of the property or vehicles involved, the registration and lice_ise numbers of the vehicles involved, and any other relevant information. VT . COM1~?ERCIAL ACTIVITIES A. ?ERMIT FOR USE OF FACILITIES No person shall use the Airport as a base or terminal for commercial aviation activities, or shill conduct any business or concession upon the Airport or upon any land acquired by the County of Eagle for use i:i connection with the Airport, or on ^r in any of the buildings, structures, parki:zg places, walkways, roadways, or other environs used ~~?' operated in connection With the Airport, Witll0tlt c~~mpa~~iug the requirements of Airport Minimum .}al:dards governing appropriate commercial a~~ti•~~ities and obtaining the written permission of she Bca~-d of County Commissioners. Such permission shall be evidenced by a written document, agreement, •cr cont_act duly executed by the Board. Any such pet"I:1i S~ 1011 granted prior to the adoption of tlli ma_.ual shall be deemed to be effective and continuous~in effect until revoked and/or terminated b,% the board and/or *_he person granted such per:~itisiou pursuant to the terms and conditions or the written document evidencing such permission. -15- B. SOLICITING No person shall solicit funds for any purpose on the Airport without prior written permission of the Board of County Commissioners or the Airport Manager. C. ADVERTISING No person shall post, distribute, or display signs, advertisement, circulars, printed or written matter, so far as the above relate to commercial activities or have commercial purposes, at the Airport without prior approval of the Airport Manager except within leased buildings with permission of Lessee. Any sign located or displayed on the outside of any building must be approved by the Board. D. FOOD AND BEVERAGE SERVICE 1. Only fully licensed food and beverage services may provide service on or for the Airport or any aircraft. 2. Any food or beverage ser•rice located on the airpor~ except those operating in conjunction with a FBO must meet Airport Minimum Stalzdards, established fees, and have written agreement with the Board. 3. All food and ~aeverage services and related activities shall be carr,ed out iIi full compliance with Federal, state, and County laws and regulations. E. CONCESSIONAIRES REQL'IREMENT~~ 1. All concessionaires are required to comply with the Disadvantaged Business Enterprises Program, using goals established by Eagle County in COII~UI1CtlOII witrl the FAP.. VII. .UNAUTHORIZED ACTIVITIES A. DISORDERLY CONDUCT No person shall commit any disorderly, obscene, or indecent act, or commit any nuisance on the Airport. B. GAMBLING No person shall conduct gambling in any form or operate gambling devices allywllere on the Airport. -1~~- C. INTOXICATION No person under the influence of alcohol or narcotic drugs shall operate a motor vehicle or aircraft, of any description on the Airport. D. PRESERVATION OF PROPERTY ado person shall: 1. Destroy, insure, deface, or disturb iTi any way, buildings, signs, equipment, marker, or other structures, flowers, lawns or other public property at the Airport ~. Trespass on lawns and seeded areas on tha Airport. _. P.ban3on any personal property on the Airport. 4. Interfere with, tamper, or injure any part of '~he Airport or any of the equipme*_Zt thereof. t . Pdo !ir_authorized person shall interfere, enter into, or tamper with any aircraft or star the engine or such aircraft. E . SAPIITATION No person shall dispose of garbage, papers; ref~_is?, or other material on the Airport e:YCept 111 the receptacles provided for that purpose. F. RESTRICTED AREAS 1. ~Io person shall enter ary restricted area posted by the Airport Manage?- as being closed to the public e:~cept by permission of the Airport Manager, except as provided for within }he Airport Security Manual. ~. T1:e Airport Security Manual becomes effective TNit?i the implementation of scheduled commercial wir carrier activity at the airport. All ai-pert users, including tenants, employees, pilots, passengers, etc., must follow all Security Manua_ guidelines during its effective period. -20- All users of Eagle Coul Regional Airpor= must abide by the Airport Security Man~tal. Any violatiol:s resulting iIi fines or penalties *_o the County as a result of security regtllatioil infractions attributed to individuals or organizaticr_s on the Airport will be charged back to those individuals o~- organizations. t~III. STANDARDS FOR LOCATION AND CONSTRUCTION OF HArIGAP.S - OR BUILDIAtGS ' Upon application to the Board of County Commissioners, persor_~ Ow117.I1g aircraft may be granted permission by the Board to construe} a 1?angar or building in such location as may be designated by the Board of County Commissioners. Such permission shall be evidenced by a writtEn document, agreement or contract duly executed by t?.e Beard. Design and construction of such building shall be in accordance with standards as determined and promulgated by the Board. Such Standards are attached and made a part hereof by this reference. I... AIRPORT FEES AND CHARGE Tl:e Board of Coun~y Commissioners reserves the right to ~~t fees and charges at its sole discretion. '^hese fees and charges may include; but sre not limited to: Gottnd Lease Rates Aircraft Tie-Down Fees Landing Fees ~~r~ss F.eventte Percentage Fuel Flowage Access Fees Pas~eiiger Facility Charge :any, or all, of t:lese fees and charges may be revised at any time at the Board of Coul~ty Commissioners' sole discretion. _~~ ~. AFPENDED IPdFORMATION Any aircraft owner, aircraft operator, fixed-bay- operator, concessionaire, hangar owner; or airy other person involved in operations or functions on thF Airpor*_ shall be subject to this specific set of _ _ regulations and those documea:ts appended :ieretc and entitled: ?~inimum Requirements for Fixed Base Operators I~inimttm Requirementsfor Commercial Activity Fee Schedule Tie Down Leases and Transient Fees Ground Leases Ai:-port Traffic Pattern Airport Lay-Out Plan Specifications for Hangar Construction Ground Transportation Regulations -22- Y~ . ~. ~ .~ ~~~ ~t i ~~ EXHIBIT 6 MINIMUM STANDARDS AND REQUIREMENTS - - FOR Tom: CONDUCT OF ' COMMERCIAL AERONAUTICAL SERVICES AND ACTIVITIES AT " EAGLE COUNTY AIRPORT TOPICAL INDEX ~ . GENERAL SECTION ONE 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 and Maintenance ................................. 5-6 IV. Prequalification Requirements ....................... 7 A. Intended Scope of Activities .................... ? 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 W. Aircraft for Clubs ..............................17 W. Violations relating to Clubs ....................1? 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) . •. IV. Minimum Land and Improvements ........................23 PAGE 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) .. -y S ' . S. Non-discrimination Clause for Services allowing Discounts for Volume Purchasers .................27 T. Non-discrimination Clause for Public............27 PAGE U. Non-compla.ance 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 a7,low 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) .. r SECTION TFII2EE 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 tv) t 1 ' . PALL A. Required Storage Space .......................... 38 B. Repair and Service .............................. 38 C. Insurance ....................................... 38-39 X. Aircraft Airframe and Engine Maintenance and Repair ........................................... 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. Airc raft 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) 11 . Commissioner ~../,~ST`~-~S c~ move3 adoption of t'.:e following reso ution: BOARD OF COUNTY C0:1~`'IISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION No. 86- o~ 7 RESOLUTION ENACTING MINIMUM STANDARDS AND REQUIREMENTS FOR THE CONDUCT OF CO:L"~RCIAL AERONAUTICAL, SERVICE AND ACTIVITIES AT THE EAGLE COU:TTY AIRPORT. tJ'HEREAS, pursuant to Sections 30-11-107(1)(j) and 41-4-106, respectively, C.R.S., the Board of County Commissi n- ers, County of Eagle, State of Colorado, hereinafter referred 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 any means of transportation within or over said airport, •landing;; field, and navigation facilities; to perform any duties nece~"- 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 iJHEREAS, the use of the Eagle County Airport has attained, and will Conti^.'.:e to attract, a volume of traffic that requires supervision, regulation, and-control to insure the best interest of the County; and TJHEREAS, the use of reasonable minimum standards while safeguarding the public interest, has the additional effect of preserving the suability of established business; and [,THEP,EAS, 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 Count;,r to develop and publish minimum standards to be met by commercial operators; and T.TH Eat •^--~ C .:.,EAS, .he Ie Cow _ ~i:--~~~.t omission `:as wo.-':c for numerous tours and held public 'bearings 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 Enterprise on the "Minimum Standards And Requirements For T-~onauct 0 ammercial Aeronautical Services And Activities At The Eagle County Airport" as proposed by the Eagle County Airport Commission; and r . WHEREAS, the Board of County Commissioners has -duly considered the comments received at said public hearing, as :•:ell 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 Count; Commissioners - y : G sL u~~ . ..Cl.l fit. /'~ ' By : ~--r-\ ~_`~ ~~~... ~, eYtc to the Boara or Donald-"H :. tJelch, Chai~:.Za.n County Commissioners %• y.~; ~ , I~icnard L./~ustarson, Commis loners •, r ~•• . •~; Bonn-r'. Loughran, - ~ Commissioner - Com-*nissioner /~•> 1t r~-jJ seconded adoption of the foregoing resolution. a roll having been called, the vote was as follows: Commissioner Donald H. Welch 1•,,,,~. Co~.._..~_cner ?tich~rd ~. Gush==s~=, y~-!r"s' Commissioner John F. Loughran ~~;, The resolution passed by L~/3-J~~n.~ev3~ote of the Board of County Commissioners of the County o= Eagle, State of Colorado. -2- MINIMUM STANDARDS AND REQUIREMF.LITS FOR T~ CONDUCT OF CONIlKF1tCIAL AERONAUTICAL SERVICES AND ACTIVITIES AT EAGLE COUNTY AIRPORT EAGLE COUNTY, COLORADO SECTION ONE :~,1 ~; 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 thereinafter 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 .w.. i Exhibit R olution No. 86-27 '; II. The contract provisions, however, will be specified. compatible with the Mid f~ the nstandards eandc requ~-cements will not change or mo Y themselves . These Mion~all S leasesd between egher County a d be included as par any Person desiring a ronautical oserviceslrandt act vit~ese in any commercial fees and charges aPPlica- Information relative to rentals, ble to the aeronautical se active conunerci ale operators by made available to the pro P the official represent=tofep~° lic Works") tfat (the etimetor referred to as Directo application or during the contract negotiations. These Minimum Standard Requanem wr tt n greement acproperly do not bear on or affect Y royal • of executed P Minimum St ndards and Requirements. aPP these same These Minimum Standards may be revised as conditions may require. Verify with the leteland ocurrent document PThese Works that you have a comp lamented and amended by the Minimum Standards may be supp County, from time to time, and in such manner and to such extent as is deemed proper. Provided that prior tO all amendment or supplement to these Minimum Standards, ouerators at the Rirvort wdlor bsuppleme is tand ao hearing the proposed amenaments an / will be had, not less th of said(written notice haat twhich (30) days after the date ear, in person or by counsel, and time any Operator may app state his objection, if any, to such proposed amendments and/or supplements. Provided furthercontractual relation- ments or supplements shall affect any and operators. ship currently existing between the County Provided finally that any lease, contract or agreement, entered into with applicant after the a brie bounty Sushall mented Minimum Standards are adopted by be terminated or cancation or amendmentstto these 1Minimum comply with any modifi Standards, after notice thereof shall have been given. STA^_'£'~?E'NT OF POLICY . tortunity, without discrimination, A fair and reasonable op_ and com- shall be accorded to all applicantsfoto available airport pate, in a public bid process, facilities and the furnishing of selected aeronautical -2- Exhibit A esolution No. 86-27 services subject, however to the Minimum Standards and Requirements as established by the County as set forth herein for Commercial Aeron~utio='_ S_=".ces and Activities at the Airport. In all cases where the words "standards" or "requirements" appear, it shall be ,ir_ders _c.d *_?^.*_ ='~__~ ar° *.rcd:fied r~- 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 writt~r. 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 ccnsideration 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 esolution 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 o= sz;ch activity bei.^.g to secure earnings, i*ic_:~e, cc:~pensa- 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: 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- Exhibit A _:esolution 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 a::d courteous service. :::.. Saie c= :.=.erages, ccc:;i;:s, ..__.__~ _:c :.:_=r°ttes 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 PBO 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- Exhibit A __esolution 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 beccme the owner of the facility at the end of the lease term. -6- Exhibit A .esolution No. 86~-27 IV. PRE UALIFIC~,TION REQUIREMENTS. The prospective Operator shall submit, in written form, to the Director of Public Works, at the time of his applica- -_o:+, the foi_cwing information and, thereafter, such additional-information as may be requested by the County. A. Intended Scope of Activities. As. a prereq::isi to to t:.e •g:-_..=ing of an oper~t=. privilege on the Airport, the prospective Operate= must submit a detailed description of the scope of the intended operation, and the means and methcds 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 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 aircraf t 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 esolution No. 86-27 B. Financial and Managerial Responsibility and Capabili- tY The prospective operator must provide a slat°~*°nt, satisfactory to the County, in evidence of his finan- cial responsibility, from an area• bank or trust company or from such other source that ma~~ be accept- able to the County and readily verified tnroug:: no~:..a_ 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. C. 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 hirport, 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. -8- Exhibit A solution No. 86-27 V. LEASE AND OPERATIONS AGREEI~TENT. A. B. 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 Cc~:^•"' ~•~'"`.-'~'. °-?reemA^*_ wi 11 recite the terms and conditions under which he will operate his business on the Airport, including but not limited tb, the term cf a~:r~e:^.r:~ : t:^_e rentals, fees, ana 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. 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 Land, Improved 12.5 cents/sq.ft./yr. 12.5 cen~s/sq.ft./yr. plus cost of improvements -9- Exhibit A ..esolution No. 86-27 Aircraft Ramp Parking Area Fuel Sales 12.5 cents/sq. ft. /.yr. 8.0 cents/gaiicr. Li :~ssd A? _ ^^rri er - Flowage fee to be ,~~..}: ate All other Sales, ~ • except fuel Percentage to be negoti•ate3 ii. 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 Ur~an Consumer ?rice 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 Aamiristration certificates and -10- Exhibit A • ~ resolution No. 86-27 ratings shall maintain such certificates and ratings as they are required. ..-.. ~ M31:?tengnrP 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 Operatcr shall procure, mairtair., 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 ccmpany, 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 t3) 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 prcvice insurance or. the applicable exposures. As a further example, the minim~un limit for property damage on a ccmbination of activities would be the highest minimu.-n limit stated in the grouping chosen. Because of these variables, the applicable minimum insurance -11- .s~ _ _ .. Exhibit A nesoiution 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 t:._ County to carry and keep in force, shall include the Eagle County Airport Commission, the Eagle County Board of County Commissioners, and ail 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 addi~ional 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 undercariter. 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 beccme self-insured may do so subject to County approval. Said operator shall furnish evidence of such self-insurance and shall hold the County and assig:~s' 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 performi^,g this service with motor vehicles driven on the Airport runway-ta:ti:oay 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- Exhibit A ~.esolution No. $6-27 E. 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 rr.^ =cr ve:~=- ^_les with a functioning aeronautical utility mobile ,~____:,n 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 AirpoY` 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 (5150,000) 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. Non/Discrimination / Premises to be operated for se and benefit or the Uub11C 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 provicing any -13- Exhibit A resolution No. 86-27 services or in the use of its facilities provided for the :u~'_ic in any manner prohibited by Part 15 of the Federal Regula- tions. The Operator further agrees to ~p!^^_ ~-- -•? ~ti'. ~ S+.'^~" ~rforcP^'~nt procedures as the United States might demand that t::e County take in order to comply with the Sponsor's Assurances. ii. Aircraft Service by Ownez or Operator of Aircraft No right or privilege granted herein shall serve to prevent persons operating aircraft on the Airport from per~orming any services on their own air craft with treir own regular employees (including, but not limited to, maintenance and repair); provided that safet~r procedures and regulation in the Airport rules and regulations and the Hangar lease agreements are abided by. ii'_. Non/Exclusive Rights. Not^i^g herein contained steal: be construed to grant or ot'r_erwise authorize the granting of an exclusive right, except as to the areas to be occupied by the Operator, whic:~ areas shall be for the Operator's exclusive use. iv . Airtort Devel9~Te^. = . The County reserves the right to further develop or imprc~e the landing area of the Airport as it sees fit, are without unreasonable interference or hin- drance. If the physical development of the Airport re~c+.:ires ~ the relocaticn .of Operator-owned facilities duri.^.g the lease term the Counter agrees to provide a cc:r:parable location •r~ithout any unreasonable interrup- tion to the Operator`s activities, and agrees to~ relocate all operator-owned buildings or provide si:~ilar faci lities fcr the Operator at no cost to the Operator, except as amended by caritten lease with the Operator. v . Counter' s Rights . The County reserves the obligated to the Operator) repair the landing area right (but shall not be to maintain and keep in of the Airport and all -14- Exhibit A Resolution No. 86-i7 publicly-owned facilities of the Airport together with the right to direct and control all activities of the Operator in this regard. vi. Airoort Obstructior~-. The County reserves the right to take any action it considers necessary ~o pro~ect the aerial approaches of the airport against obstruction, together with the right to prevent the dperator from erecti:.y, or permitting to be erected, any building or other structure on the Airport which, i. the opinion of the County, would limit the usefulness or 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. The Operator shall hold the Eagle County Board of County Commissioners, the Eagle County Airport -15- Exhibit A Resolution No. So-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 , -- ---•-' =_ng from his tenancy a-:- '°~t'-~~it= `'~ • and snail pay aii e:~pa :s as i^ `e fe :d_=.7 a::~ c:.=~:<<~ .. _ : ;. 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. AssiQrment. All covenants, stibulations and provisions in the agreement to be entered into shall extend to and bind the legal representatives, successors and assign. SS. Subleases In tre 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 Count-I additional fees which will be negotiated if the sublease is greater than the lease. -16- Exhibit A Resolution No. 86-27 TT. UU. W. W'~J . Flying Clubs The following requirements pertain to all flying clubs desiring to base their aircraft on the airport and be i. Flvina Club ReQUlations. E_o:. ,:1;::, 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 cortoration. 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 eacr. 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 r~rovides flight train_rg cr by an instructor who shall rot receive re~w~ner=tion in ary manr_er 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. I~ the club fails to correct the violations in 1~ 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, minimw~n: -17- Exhibit A Resolution I~'o. 86-27 BODILY INJURY: 5150,000.00 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 r"eet; 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 prcperty without -the written approval of the Board of County Commissioners. -18- MINIMUM STANDARDS AND REQUIREMENTS FOR AT EAGLE :.::LINTY AI::+ ORT SECTION TWO FIXED BASE OPERATOR I. 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 facil ities. iv. Public Restrooms and telephone. v. Loading, nnloadirg 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 covering the territory within three hundred miles of the airport, flashlig ht and batter- ies, and rulers and computers generally used br Y_lcts for flight planning. xii. Tire inflation. -19- Exhibit A • Resolution No. 86-c7 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 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 bIainte- 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 mobile fuel dispensing equipment, wit'_^. reliable marking devices approved by the Federal Aviation Administration, capable of servicing, in an efficient and -=° ^'?^_^-er FBO shall have two metered filter equipped dispensers, fixed or mobile; 'for dispensing two _grades of aviation fuel ( AV gas and j et fuel) from storage tanks having a~minimum capacity of 1-0,000 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 co~nensurate with the hazard involved with fueling, defueling, and servicing aircraft. All FBO fueling services and systems shall be subject to inspection for lire 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-contain- 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 Administrati...z. 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 - - esFected ser-::ces, such as c leani^~ of the intericr and exterior of aircraft and cater- . ing: FBO s.`.=__ prti :~:e proper equipment for repairing and inflating aircraft tires, servicing oxygen systems, ~.=~: i:.ti ~ =irc~__: (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. •Adecruate tie-down f acilities 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 caaiting rooms, for passengers and crews will be provided. D. Public Restrooms and a Telephone - Restrooms will be conven:en*_ly located, heated and ventilated and -22- Exhibit A Resolution No. 86-Z7 III. IV. 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 E. Loading, Unloading and Towing - FBO shall provide adequate •loading, unloadi:.g and towing equipment to safely .and efficiently move aircraf t and store them in times of ail reasonaL~t ::.ter.: c ~~='- •• == =--=- 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 pe per=ormed ~:: yener~~ airc~ait. 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. Buildi:ig impr~~.~aments shall be pc:r:::3.^^.ert 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 a~*~eral av.- __.. , LerT, ~ =' '_ r^' •• ' -- 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. V. C. All paving and building shall be of permatnent con- struction and shall be in compliance with the design, materials and landscaping consistent with specifications established by Director of Public Works. 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 amorezing the investment and maintenance costs be borne by the F3O. 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. H. Ground lease rates for unimproved land shall be 12.5 cents per square foot per year. -24- w .1r. .. _ - Vi _.... Exhibit A Resolution No. 86-27 B. Ground lease rates for improved land shall be 12.E ce^.ts per square foot per year. Plus the net cost i. Imprcved ground shall be defined as any ground on which County funds have. been _ eXtended -in 'pre~ara*_ior_ of the site. i.e., ..~-, r`^ etc., or in making utilities available thereto. C. The County shall also receive 8 cents per gallon f:.cwage fee on all aviation fuel sold or dispensed or. the Eagle County Airport, except for fuel to licensed commercial airlines providing service to ?agle County. The flowage fees for said licensed airlines shall be subject to negotiaticn. D. .he term of any lease having access to t::e airYor~ r~:.:•:ays and taxiways shall be twenty-rive ( 2~ ) years except =cr Fixed ease Operators whose ter~^ will be thirt•~ (30) years. E. :.l'_ ground rentals shall be subject to the cost of livi.^.g inere?se on an annual basis. The consumer tr_-e index uses will be the "Denver Consumer Price Index for_ All Urban Consu.•ners" . F. The rates or charges for aircraft parking, tie- dcwn and storage made by operators shall be determined by the FBO, subject to the prior written approval o= the County, first obtained and subject, further, to the requirements that ail 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 tre Director of Public Works. G. All rentals for leased areas shall be paid in advance, on or before the tenth of the month, ce:n,-nencing with the first full month of operation after the effect'_ve date of the agree:~ent or the date which the premises are available for 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. _ ~ __ AZi ===--_---- --- -~ --- _ --- --- _~- _-_~ -: - - Operator. J. All building maintenance on~ County owned or f i~?-~ne_1 ~3C?.1 i +_i nc 1S borne by the OpeY=tO= 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 ~:~~ ~::=" . '-e re~-•__~Qd~ t ~ ~.=";• Dublic liability insurance for his sub-lessee or provide a certificate of insurance which shows the lessee and the County as named insured, in amounts cc:nmensurate with the sub-lessee's individual activities and services. 0. 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; ar_~ 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. Eacz 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 acccmmodations 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 *_::e rig::t to ter.:.i^~t~ 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 5, 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 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 ccntained shall be construed to grant or authorize the granting of an exclusive right within the -28- Exhibit A Resolution No. 86-27 meaning of Section .308 of the Federal Aviation Act. - BB. - T`:=_~ i5 :~_:^~i res=- • -- __ ==_ = ~~~__-: - _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 o~ the premisa Hereby leases, together :~:+t._ :h°_ -_''-== }o cause in said airspace such noise as may be inherent in the operation of aircraft, using said airspace for landing at, taking off , f rom 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 Lesser 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 =~-•-ees for i tself , its successors and assigns that ~- ~ ~ ~ it will hot make- use of the iease~ ~remi::~.~ i:: ::::Y 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 abate:*ent 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 affirmat~.ve 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 persor. .7iaii :,e ...:C_:::.~~ ::i. ~LeS° ~=oundS frcm participating in or receiving the services or benefits of any program or activity covered by this subpar*_. The lessee assures that it will require that its covered suborganizations prc~ice 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 tines in accordance with standards established and required by ~he Director of Public works. Participation in the Airport Security Program is mandatory. VII. Insurance. Insurance cotterage shall be provided and paid for by the FBO in tre follcwing amounts with Eagle County, the Director of •-___ "~r'-- }?^~ °nard of County Commissioners, the Airport Commission and all otrer County perso~:r._= ~~ ac:dit:-c === 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 o~f any policy shall be given to the Director of Public Works. i. ii. Aircraft Liabilitv, Minimum: Combined Single Limit $1,000,000.00 Bodily Injury, Passenger Liability, and Property Damage ii. Comorenensive Property ~~~ . Public Liabilitv and Damage: Combined Single Limit $1,000,000.00 Bodily Injury, Passenger Liability and Property Damage -30- .~ ....._. T Ya.. L.. . Exhibit. A Resolution No. 86-27 iii. Hangar Keeper's Liabilit~~, including taxiing: $1,040,000 each accident _ iv. Products' Liabilit~•~ $500,000 each accident v. Student and Renter's Liability: ~^:^~ ^~^ o=_^h accident vi. Motor Vehicle Lia~:ility: $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 REQUIRII~IEN'PS FOR COMMERCIAL AERONAUTICAL SERVICES AND ACTIVITIES AT EAGLE COUNTY AIRPORT SECTION TffitEE 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. AVIATICN SriOP 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 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 c~¢1diLf~~i~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-c7 III. The Operator shall maintain, as necessary, the repair sta*_ion certificates as required by the Federal Avia- _ _ tic ~;r.~_:__tration, 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) 5150,000 each person 5400,000 for more than one person Property Damage 5500,000 each accident B. Hangar Keeper's Liability, including taxiing, as applicable 5500,000 each accident V. The Operator shall have his services available eight (8) hours daily, live (-~ ~ajJ 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 sfficie_^_t manner currently certified as Federal Aviation Adminis- tration radio, instrument or propeller repairmen. 2. SPECI?,LI2ED CObE+IERCIAL 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 acti~~ities 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 advert'_sing. iv. Aerial Photography or survey. v: Power line or pipeline patrol.- vi. ~ ~ Fire- fighting. ... _ _: ~:.. : .. vii. Any other operat::.:s s~ec'_=_-~-1" 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 build..^.g providing a minim~.un of 2500 sg. feet of floor space for aircraf t 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 accc~rmedate Operator's activities and opera- tions shall also be provided.. In case of crop-dusting, aerial application or of er 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 Environ.*nental 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 Dased on his leasehc:d. either owned or ~:nder written lease to ze Gpera =cr , no t less t:^.an ore (1) airworthy -3~- Exhibit A Resolution No. 86-27 aircraft, suitably equipped for, and meeting all the requirements of the Federal Aviation Adminis- . try*~.^^ with res^^"` `^ tre }•"?e of operation to - _ ba r~r_c_.~.__. In the case of crop-dusting~or aerial application, the Operator shall provide tank trucks for the handling of _ .= a s--r=_~- _.^~ ~'_~ _-:^ ~ i~*~iids . The Operator shall also prc;;~;:c a~a~-_.a groun~ ~s~: _ ... - -•-=--~--._ 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) 5150,000 each person 5400,000 for more than one person Passenger Liability, as applicable 5400,000 each accident Property Damage $400,000 each accident ii. Comprehensive Public Liability and Ccmprehen- sive Property Damage: Bodily Injury (£ach Accident) 5150,000 each person 5400,000 for more than one person iii. Hangar Keeper's Liability, including taxiing, as applicable 5500,000 each accident iv. Products Liability, as applicable 5500,000 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- Exhibit a Resolution No. 86-i7 F. The Operator shall have in his employ, and on dut•~ during the required operating hours, trained personnel in such numbers as may required to meet - - the mini:~um starca. =s ::-rein se • - c- -- _ - efficient manner, but never less than one (1) person holding a csrrer.*_ Federal Aviaticn Adminis- tration commercial certificate, properly rated for one air_rafL to be used ~ .;: the tyre ^f c^Q.'`,=- to be performed. VII. FLIGa-T TRAINliJG A. Statement of Conceat 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, zestrooms and telephone facili- ties for customer use. Asphalt or cement-paved surf aced, 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. - - - - ~,; ~_- -~^ per:c=:: is , t::e ser'- - - this category will be required to carry the following types of insurance in the minimum .limits specified: a) eircraft 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) . S15p,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- .~ .._ .. .. ... .t , ...~.w.~.. . Exhibit A Resolution No. 86-27 q. AIRCRAFT SALES (New and/or Used) ~,TT_ Ca. .. a......-- ~~ n..nna.._ An aircraft sales operator is a person engaged in the sales of new anc/or used air-raft through franchises, or licensed dealer- ship or distributorship (either on a retail~or~wholesale basis) „_ a_: ~__c+a=: -anuiacr~rer 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) -38- • Exhibit A . •• Resolution No. 86-27 $150,000 each person $400,000 for more than one person _ _ Passenger Liability 5150,000 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 REPAIZ 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 a~_=;:= 2,500 SQ. FEET OF floor space for airframe and power plant repair services and adequate :lour 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 :rovided. . B. -The Operator shall pro•>•ide sufficient equipment, supplies and avaiiabili~l of parts equiva:ert ~~ that required for certification as a~ Federal Aviar_on ~+dministration apprc~:ed. 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) 5150,000 each person 5400,000 for more than one person Property Damage 5400,000 each accident ii. Comprehensive Public Liability and Comprehen- sive Property Damage: Bodily Injury (Each Accident) 5150,000 each person $400,000 for more than one person Property Damage ~ . 5400,000 each accident iii. Hangar Keeper's Liability, including taxiing, as applicable 5500,000 each accident Products Liability: 5500,000 each accident D. The Operator shall have his services available ely':1L ~ C31 i1~.,ar~ udii1 , ~~.: E''r ~ C, 1 A_= q n !.;c°it. E. The Operator shall have in his employ (and on duty during the required operating hours) trained -40- _.,.... . ~ ~ Exhibit A •° Resolution No. 86-27 personnel in such numbers as are required to meet the mini:.;_-~ standards and req•.:irements set for±'. 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 perforred 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 persons, firm or corporation engaged in the rental of aircraft to she 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) $150,000 each person $400,000 for more than one person -41- ' Exhibit A "~ ~' ` • Resolution No. 86-27 Passenger Liability $400,000 each passenger, each accident - - Pr-operty Damage $500,000 each accident ii. Comprehensive Bodily Injury $150,000 each $400,000 for Public Liability and Comprehen- - ,.age Or-- (Each Accident) person Wore 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 wee:c. 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, restrocros, customer lounge and telephone facilities for customer use. Asphalt or cement-paved surfaced, on-site auto parking space with suitable -42- , ~. ,. .~ ~ Exhibit A Resolution No. 86-27 accommodations for automobiles, and a paved aircraft apron all within the leased area and • sufficient to acccmmodate the Operator's -- - activities and operations shall also be • provided. C. The Operator shall have available for hire, eitaer 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- ,_ r ,•. l . _ Exhibit A ~y .ri t Resolution No. 86-27 (7) days per week; and shall provide on-call service during hours other than the aforemen- ~~~;~ad. F. The Operator shall have in his employ and on duty during the reL:.__:d cr~..t.: ; hours, trained personnel in such numbers as are required to meet the minimum standards set forth in this categor:: in an effic=ent manner and otherwise appropriately rated to permit the f light 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 Count•~ 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-