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R02-149 Airport adoption of T Hangar lease and designation of authorized representatives
Commissioner moved adoption of the ' Bowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002 -jy� EAGLE COUNTY REGIONAL AIRPORT ADOPTION OF T- HANGAR LEASE AND DESIGNATION OF AUTHORIZED REPRESENTATIVES WHEREAS, the County of Eagle, State of Colorado, by and through its Board of County Commissioners, hereinafter referred to as the "Board," is the owner of an airport known as the Eagle County Airport situated in the County of Eagle, State of Colorado hereinafter referred to as the "Airport," and ' WHEREAS, the Board pursuant to Section 30 -11 -107 (1) 0), 41 -4 -101, 41 -4 -106, and 41.4 -112, respectively, C.R.S., has the authority with respect to the operation of said airport to lease and/or rent space to individuals and/or entities and to exact and require fees therefore; and WHEREAS, on or about June 25, 2002, the Board approved the purchase of t- hangars to be leased and/or rented for the housing of aircraft based at the Eagle County Airport; and WHEREAS, the Board is desirous of utilizing the agreement attached hereto and incorporated herein by this reference for the leasing of t- hangar space for the housing of aircraft, and WHEREAS, the Board is desirous of designating the Eagle County Airport Manager as its authorized representative to execute said agreement;. NOW, THEREFORE, be it resolved by the Board of County Commissioners, County of Eagle, State of Colorado: THAT, the Board hereby adopts the form agreement for leasing of t- hangar spaces at the Eagle County Airport, as set forth in Exhibit "A" attached hereto. THAT, except for the insertion of required information pursuant to the individual lease in the blank spaces provided there, said form lease agreement shall not be altered, modified, amended and/or changed prior and/or subsequent to the execution of same by Lessee without the prior written consent of the Board. THAT, the Board hereby designates the Eagle County Airport Manager as its duly appointed representative and agent to execute said form lease agreements on behalf of the Board as Lessor. THAT, such appointment of the Eagle County Airport Manager as the Board's designated representative shall only extend to those form lease agreements which have f not whatsoever been altered, modified, amended and/or changed prior and/or subsequent to the execution of same by the respective parties; and the Board shall not be bound by the terms of any lease agreement signed by the Airport Manager which has been altered, modified, amended and/or changed without the prior written consent of the Board. THAT, the provisions of this Resolution shall be effective immediately. THAT, the Board hereby finds, determines, and declares that this Resolution is necessary for the pubic health, safety, and welfare of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Conunissioners of the ounty, of Eagle, State of Colorado, at its regular meeting held the day of 2002. ATTEST: Man County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD CAF COUNTY COMMISSIONERS CoyffilMsioner, Tom U. Stone Commissioner Commissioners Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Arn M. Menconi Commissioner Tom C. Stone This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. K IX,11: TI1 W."I i AGREEMENT FOR LEASE OF T- HANGAR EAGLE COUNTY REGIONAL AIRPORT THIS LEASE AGREEMENT is made and entered into this_ day of , 2002, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, herein referred to as the "Lessor," and , hereinafter referred to as the "Lessee." WITNESSETH: WHEREAS, Lessor is the owner of an airport known as the Eagle County Regional Airport situated in the County of Eagle, State of Colorado, herein referred to as the "Airport" WHEREAS, the Lessor, pursuant to Section 30- 11- 107(1)(J), 41 -4 -101, 41 -4 -106 and 41 -4 -112, C.R.S., has the authority with respect to the operation of said airport to lease space for the purpose of providing aircraft housing through T- hangars to individuals and/or entities and to exact the required fees therefor. WHEREAS, said leasing is declared to be a public governmental function, exercised for a public purpose, and is declared a matter of public necessity. WHEREAS, Lessee is desirous of leasing a T- hangar at said airport. NOW THEREFORE, for and in consideration of the mutual covenants, conditions and provisions contained herein, the parties hereto agree as follows: SECTION ONE T- HANGAR USAGE Lessor grants Lessee the exclusive use of that portion of the airport premises described as follows: Unit No. , together with any and all improvements currently on said space used and occupied by Lessee solely for the storage of airworthy aircraft owned by Lessee. 3 SECTION TWO TERM Subject to earlier termination as hereinafter provided, this lease shall be for an annual term commencing on , 2002, and terminating on 2003. Lessor may opt to renew this agreement for additional annual terms subject to the same terms and conditions of the then existing lease or under new terms and conditions as agreed to by Lessor and Lessee. SECTION THREE TERM & LEASE FEES Lessee agrees to pay Lessor for the use of the premises, equipment, rights, services and privileges granted hereunder the fees and charges according to the following schedule: For the exclusive use of the T- Hangar space referred to hereinabove, the monthly sum of: Model TP -1000 (Small) $225.00 TWO HUNDRED TWENTY -FIVE DOLLARS Model TP3000 (Large) $250.00 TWO HUNDRED FIFTY DOLLARS Said sum being due and payable upon execution of this lease, and payable in advance on or before the 10'h day of each month. The Lessor reserves the right to modify the lease charge upon 30 days prior written, notice. Any lease fee overdue for more than ten (10) days will have an additional late fee added to cover extra administrative costs. The late fee will equal 10% of the current monthly lease fee. In the event the Lessor is required to initiate any collection procedures to collect any unpaid lease payments, including late fees and costs, the Lessee shall pay all of the Lessor's expenses in connection therewith, including reasonable attorney's fees. SECTION FOUR INFORMATION Lessee shall furnish the following information: Description of Plane Aircraft N #: Registered Owner: Home Phone: Business Phone: Aircraft Insurance Company 4 Address of Insurance Company Lessee covenants and agrees to notify Lessor in writing within ten (10) days of any change in the information herein. SECTION FIVE LESSEE COVENANTS Lessee hereby agrees to comply with the following requirements: a. To use the hangar only to house airworthy aircraft, along with any necessary aircraft ground handling equipment associated with said aircraft. Such airworthy aircraft must be owned by Lessee. b. Lessee shall not store any solvents, explosives, flammable paints, or other flammables in the hangar. (Exception: up to one case of aircraft engine oil in manufacturer's containers.) Lessee shall not use any hazardous material within the hangar. c. Lessee shall close hangar doors promptly after placing the aircraft in or taking it out of the hangar and coordinate the operation of the doors so as not to unduly or in an untimely fashion obstruct access to the adjacent hangars. d. Lessee shall not use the hangar for major repair or overhauling of any aircraft or other equipment. See Attachment One for a listing of those preventive maintenance services which an aircraft owner can perform on the aircraft within the hangar. Lessee is responsible for payment to Lessor of any damage to hangar pavement floor caused by fuel/oil spillage, maintenance tools, repair equipment, or associated careless acts. Lessee shall be responsible for all costs associated with mitigating any contamination which is caused by Lessee. e. Lessee shall not use any high wattage electrical equipment, heat lamps, or machinery in or about the Hangar, or modify existing wiring or install additional outlets, fixtures or the like therein unless authorized in advance in writing by the Lessor. f. Lessee shall not conduct any charter, rental, repair or instructional service or any other commercial activity in or from the hangar. g. Lessee shall report to Lessor, or its representative, any defects in the hangar which the Lessee feels require maintenance, h. Lessee shall keep the hangar clean and free of all trash and debris and shall not place any trash or debris on the Eagle County Airport property. i. Lessee shall not attach any hoisting or holding mechanism to any part of the hangar or pass any mechanism over the struts or braces therein. For purposes of this Lease agreement, a hoisting or holding mechanism shall 5 be deemed to include, but shall not be limited to, chain -ball, block and tackle, or other hoisting or winching devise. j. Lessee shall not paint, remove, deface, modify, bend, drill, cut or otherwise alter or modify any part of the hangar without the prior written permission of Eagle County or its representatives. k. Lessee shall abide by all lawful rules, regulations, laws ordinances and directives of the Airport and the Minimum Standards with respect to the use of the Airport and the hangar. 1. Lessee shall not lock the Hangar or permit the same to be locked with any lock other than the lock mechanism supplied by the Airport unless prior written permission is received from the Lessor. If any additional locking devise is used, lessor will be given a key /combination to ensure access in the event of an emergency. m. Lessee shall not park or leave aircraft or other equipment or vehicle on the taxiway or on the pavement adjacent to the hangar in a manner which interferes with the movement of traffic or obstructs access to adjacent hangars. n. Within thirty (30) days of lease date, Lessee shall equip and maintain a 20 120BC 201b dry chemical fire extinguisher which shall be stored on the floor or attached to a bracket attached to the wall. o. Lessee shall pay for all charges and fees for requested, telephone, gas, water, or special electrical service should the hangar be so equipped. No portable utility or heating devices will be used unless authorized by the Airport Manager. p. Lessee shall not authorize commercial work to be performed on Lessee's aircraft while that aircraft is located on Eagle County Airport by parties not authorized to conduct commercial operations on the airport. q. Lessee shall pay a deposit equal to one month's lease fee. Such deposit will be returned without interest within thirty (30) days of termination of the Agreement and upon a determination by the Airport Manager that no cleaning or damage repair is required and further upon a determination that payments have been paid in full. All or part of the deposit may be retained by Eagle County to pay for cleaning or repairs or unpaid fees and costs. r. Lessee shall maintain minimum insurance coverage's as required by the State of Colorado, as may be amended, for Lessee vehicle operating on the Airport Operations Area (AOA) of the Eagle County Airport, and shall guarantee that Lessee's guests have minimum insurance coverages as required by the State of Colorado which are currently $25,000 Bodily Injury; $50,000 Per Accident; $15,000 Property Damage, as may be amended from time to time. Lessee shall maintain Worker's Compensation insurance for all of its employees performing in or about the hangar. 2 s. Lessee agrees that the employees of the Eagle County Airport or their designees may enter upon the premises leased to the Lessee at any reasonable time and for any purpose necessary, incidental to, or connected with the performance of the Lessor's obligations under this agreement or in the exercise of their functions as the Airport. t. Lessee shall keep hangar neat and safe at all times. SECTION SIX DEPOSIT Lessee has deposited with Lessor two hundred fifty dollars ($250.00) as a security deposit for the faithful performance of and compliance with all the terms and conditions of this lease. Notwithstanding the provisions of Section 5Q should Lessee fail to comply with each and every term and condition of this lease agreement, or if Lessee damages the leased premises and/or equipment furnished by Lessor to Lessee, then the amount deposited as security furnished may, at the option of the Lessor, be retained by Lessor as fixed, liquidated and agreed damages for payment of disbursement, costs and expenses that Lessor may incur in restoring and repairing said leased premises and/or equipment. The retention and holding of the security deposit for the payment of such costs, disbursements and expenses shall not in any manner release Lessee from any of the obligations herein assumed. All rights of Lessor to the deposited funds or securities shall be in addition to the right of Lessor to pursue any and all legal remedies available in the event said deposited funds or securities are insufficient to cover the payment of disbursements, costs and expenses that Lessor incurs by reason of the damages caused by Lessee; to enforce payment of any amount due; and to all other rights to which Lessor may be entitled under this lease agreement. If all terms and conditions are fully complied with by Lessee, then the security deposit shall be returned to Lessee within 30 days of surrender of the premises in a good state and condition, reasonable use and wear thereof excepted, at the termination of this lease agreement. SECTION SEVEN RIGHT OF INGRESS AND EGRESS Lessee shall have the right of ingress to and egress from the leased premises in a manner that does not interfere with the Lessor's use of the Airport and does not conflict with any access rules and regulations adopted by Eagle County or any other agency with the authority to control access to the Eagle County Regional Airport. SECTION EIGHT PAYMENTS All payments, charges and fees due and payable under this lease 7 �v g agreement shall be payable to the order of the Eagle County Treasurer, and shall be submitted and/or delivered to the: Eagle County Regional Airport P.O. Box 850 Eagle, Colorado 81631 SECTION NINE ASSIGNMENT Lessee shall not assign, sublet, sell, or transfer Lessees' rights under this lease agreement without prior written consent of the Lessor. Subject to the foregoing, this lease agreement inures to the benefit of, and is binding on, the heirs, legal representatives, successor and assigns of the parties hereto. SECTION TEN LIABILITY Lessee covenants and agrees that it will not hold Lessor or any of its agents, officers, employees or airport commission members responsible for any loss occasioned by fire, theft, rain, windstorm, hail or from any other cause whatsoever, whether said cause be the direct, indirect or merely a contributing factor in producing the loss to any airplane, automobile, personal property, parts, surplus, or any other item that may be located on or about the T- hangar space. SECTION ELEVEN RISK OF LOSS Lessee agrees that any aircraft and the contents therein which are stored within the T- hangar pursuant to this lease agreement are at Lessee's sole risk and Lessee shall possess adequate insurance to protect it from such risk. Lessee assumes the risk of loss or damage to the hangar and its contents, whether from windstorm, fire, earthquake, snow, water run -off, or any other causes whatsoever. Lessee covenants and agrees that it will indemnify and save harmless Lessor from all demands, claims, costs, causes of action or judgments, and from all expenses that be incurred, in investigating or resisting the same, arising from or growing out of the use of the Leased Premises by Lessee, its contractors, agents, members, stockholders, employees, invitees, servants, sub - tenants, successors and assigns. SECTION TWELVE INDEMNIFICATION OF LESSOR Lessee hereby agrees to release and indemnify and save harmless Lessor, its officers, agents and employees from and against any and all loss of or damage to property, or injuries to or death of any person or persons, including property and employees or agents of the Lessor, and shall N defend, indemnify and save harmless Lessor, its officers, agents and employees from any and all claims, damages, suits, costs, expense, liability, actions, penalties or proceedings of any kind or nature whatsoever, including worker's compensation claims, of or by anyone whomsoever, in any way resulting from, or arising out of, directly or indirectly, its use and occupancy of the hangar or its use or occupancy of any portion of the Airport and including acts and omissions of officers, employees, representatives, suppliers, invitees, contractors, subcontractors, and agents of the Lessee; provided, that the Lessee need not release, indemnify or saw;,, harmless the Lessor, its officers, agents and employees from damages resulting from the sole negligence of the Lessor's officers, agents and employees. SECTION THIRTEEN LIEN Lessee hereby gives and grants to Lessor a lien upon, and hereby assigns to Lessor, all fixtures, chattels and personal property of every kind and description or hereafter to be placed, installed or stored by Lessee, at the airport. In the event of any failure on the part of Lessee to comply with each and every one of the covenants and obligations hereof, Lessor shall notify the Lessee in writing of such breach and/or default of the provisions of this agreement. In the event Lessee does not cure such default and/or breach within thirty (30) days from the receipt of such notification from Lessor, Lessor shall have the right to take possession of and sell all fixtures, chattels and personal property of every kind and description now and hereafter placed, installed or stored by Lessee at the airport in any manner provided by law and may credit the net proceeds upon any indebtedness due, or damage sustained by Lessor, without prejudice to further claims thereafter to arise under the term thereof. SECTION FOURTEEN RULES AND REGULATIONS Lessee agrees to observe and obey reasonable rules and regulations, including the Eagle County Regional Airport Rules and Regulations adopted May 28, 2002 and set forth as Exhibit "A" of this document. Lessee agrees to follow these Rules and Regulations with respect to use of the premises; provided, however, that such rules and regulations shall be consistent with safety and with rules and regulations and orders of the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA) with respect to aircraft operations and security regulations at the airport; and provided further, that such rules and regulations shall not be inconsistent with the provisions of the procedures prescribed or approved from time to time by the FAA and the TSA with respect to the operation of Lessee's aircraft at the airport. E SECTION FIFTEEN SURRENDER OF POSSESSION On the expiration or termination of this Iease agreement, Lessee's right to use of the leased premises, equipment and services described herein shall cease, and Lessee shall immediately vacate the premises. The Lessee shall be responsible to put the premises and equipment back to their original condition. Depreciation and wear from ordinary use for the purpose for which the leased premises were let need not be restored; but, any repair for which the Lessee is responsible shall be completed to the latest practical date prior to such surrender. Should Lessee fail to remove Lessee's aircraft or other property from the leased premises upon the termination of this lease, Lessee agrees to pay the sum of five hundred dollars ($500.00) per month as a lease fee for a holdover tenant until the airplane and other property of the Lessee are removed from the formerly leased premises. For purposes of this provision, the lease fee shall not be prorated and any period up to and including thirty (30) days shall be deemed to be a month. Additionally, Lessor may exercise its rights of sale as set forth in Section Thirteen herein. Lessee further agrees to pay reasonable attorney's fees for collection of aforesaid holdover lease fee or to compel removal of Lessee's aircraft or property from the premises after the termination of the lease. Upon the expiration or termination of this lease agreement, Lessor shall have the right to enter upon and take possession of the leased premises, with or without process of law, without liability for trespass. SECTION SIXTEEN INCREASED FEES Lessor may increase or decrease the lease fee charged at any time upon thirty (30) days prior written notice to Lessee. SECTION SEVENTEEN INSPECTION Lessor shall have the right to enter said leased premises at any time for inspection or to make repairs, additions or alterations as may be necessary for the safety, improvement or preservation of the leased premises. SECTION EIGHTEEN TERMINATION BY LESSOR Lessor shall have the right to terminate this lease agreement upon thirty (30) days notice with or without cause upon delivery of written notice to the Lessee at its last known address. Lessor shall refund to Lessee a prorated amount of the charges heretofore provided for the unexpired portion of the term following the date of such termination. In S17 �b the event that such termination is without cause and Lessor has available other suitable T- Hangar Spaces, Lessee shall have the right to enter into a lease agreement for same. SECTION NINETEEN TERMINATION BY LESSEE This agreement may be terminated by Lessee with or without cause on delivery of a written notice to Lessor thirty (30) days prior to the termination date. If the term of this lease agreement is on an aruival basis, the prorated amount to be refunded shall be calculated on a moiAbly basis and in no case will exceed six months pro rata. SECTION TWENTY ADDITIONAL CONDITIONS A. Whenever any notice of payment is required by this lease to be made, given or transmitted to the parties hereto, unless otherwise specified herein, such notice or payment shall be deemed to have been given upon the mailing of said notice or payment by United States certified, first class mail, postage prepaid, and addressed to the parties at the respective addresses as shall appear herein or upon a change of address pursuant to this notice provision. B. This lease agreement shall be construed under the laws of the State of Colorado. Any covenant, condition or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this agreement, but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice Lessor or Lessee in their respective rights and obligations contained in the valid covenants, conditions or provisions of this agreement. C. All amendments to this lease must be in writing by mutual agreement of the parties and no oral amendments shall be of any force or effect whatsoever. D. Lessee recognizes that from time to time during the term of this Lease Agreement it will be necessary for the Lessor to initiate and carry forward programs of construction, reconstruction, expansion, relocation, maintenance and repair in order that the Eagle County Airport and its facilities may be suitable for the volume and character of air traffic and flight activity which will require accommodation, and that such construction, reconstruction, expansion, relocation, maintenance, and repair may inconvenience or interrupt operations at the Eagle County Regional Airport. Lessee agrees that no liability shall attach to Lessor, its officers, agents, employees, contractors, subcontractors and representatives by reason of such inconvenience or interruption, and for and in further consideration of the premises, Lessee waives any right to claim damages or other consideration therefor, provided, however, that this waiver shall not extend to, or be construed to be a waiver of, any claim for physical damage to property resulting from negligence or willful misconduct. 11 SECTION TWENTY -ONE LEASE PROVISIONS REQUIRED OR SUGGESTED BY THE FAA A. Eagle County agrees to operate the Leased Premises for the use and benefit of the public, more specifically as follows: 1. To furnish good, prompt, and efficient services adequate to meet all the demands for its services at the Airport, 2. To fiunish said services on a fair, equal, and non- discriminatory basis to all users thereof, and 3. To charge fair, reasonable, and non - discriminatory prices for each unit of sale or service, provided that County may be allowed to mare reasonable and non - discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. B. Eagle County, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: 1. No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of said facilities. 2. In the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. 3. Eagle County shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1954, as said Regulations maybe amended. In the event of breach of any of the above non - discriminatory covenants, the County shall have the right to terminate the Lease and to re-enter and repossess the Leased Premises and the facilities thereon, and hold the same as if said Lease had never been made or issued. This provision does not become effective until the procedures of 49 CPR Part 21 are followed and completed, including expiration of appeal rights. C. Affirmative Action. 1. Eagle County assures that it will undertake an affirmative action program, as required by 14 CFR Part 152, Subpart E, to 12 ensure that no person shall, on the ground of race, creed, color, national origin, or sex, be excluded from participating in any employment, contracting, or leasing activities covered in 14 CFR Part 152, Subpart E. County assures that no person shall be excluded, on these grounds, from participating in or receiving the services or benefits of any program or activity covered by this subpart. The County assures that it will require that its covered organizations provide assurance to the grantee that they similarly will undertake affirmative action programs and that they will require assurances from their suborganization, as required by 14 CPR Part 152, Subpart E, to the same effect. 2. Eagle County agrees to comply with any affirmative action plan or steps for equal employment opportunity required by 14 CFR, Part 152, Subpart E, as part of the affirmative action program or by any Federal, state or local agency or court, including those resulting from a conciliation Lease, a consent decree, court order, or similar mechanism. The County agrees that state or local affirmative action plan will be used in lieu of any affirmative action plan or steps required by 14 CFR Part 152, Subpart E only when they fully meet the standards set forth in 14 CFR 152.409.The County agrees to obtain a similar assurance from its sub - lessees' covered organizations, and to cause them to require a similar assurance of their covered suborganizations, as required by 14 CFR Part 152, Subpart E. IN WITNESS WHEREOF, the parties have executed this lease agreement at the day and year first above written. LESSOR: COUNTY OF EAGLE, STATE OF COLORADO By: Eddie F. Storer, Manager Eagle County Regional Airport P.O. Box 850 Eagle, Colorado 81631 13 LESSEE: By: Address: Phone: ATTACHMENT NUMBER ONE TO T- HANGAR LEASE AGREEMENT This attachment lists those aircraft owner or pilot performed maintenance services that are authorized from T- Hangars at the Eagle County Airport. Any maintenance activities not contained on this list are prohibited. The listing will be reviewed as necessary by Eagle County to confirm to safety, insurance, and other minimum standards of Eagle County. Preventative Maintenance Services Authorized are defined as simple or minor preservation operations and the replacement of small standard parts not requiring complex assembly operations. AUTHORIZED PREVENTATIVE MAINTENANCE ACTIVITIES 1. Removal, installation, and repair of landing gear tires. 2. Replacing elastic shock absorber cords on landing gear. Servicing landing gear shock struts by adding oil, air or both. 4. Servicing landing gear wheel bearing, such as cleaning and greasing. 5. Replacing defective safety wiring or cotter keys. 6. Lubrication not requiring disassembly other than removal of nonstructural items such as cover plates, cowlings and fairings. 7. Making simple fabric patches not requiring rib stitching or the removal of structural parts or control surfaces. S. Replenishing hydraulic fluid in the hydraulic reservoir. 9. Applying preservative or protective material to components where no disassembly of any primary structure or operating system is involved and where such coating is not prohibited or is not contrary to good practices. 10. Repairing upholstery and decorative furnishings of the cabin, cockpit, when repairing does not require disassembly of or interfere with any primary structure or operating system. 11. Making small simple repairs to fairings, nonstructural cover plates, cowlings, and small patches and reinforcements. 12. Replacing side windows. 13. Replacing safety belts. 14 4r'f ` 14. Replacing seats or seat parts with replacement parts approved for the aircraft, not involving disassembly of any primary structure or operating system. 15. Trouble shooting and repairing broken circuits in landing light wiring circuits. 16. Replacing bulbs, reflectors and lenses of position and landing lights. 17. Replacing wheels and skis where no weight and balance computation is involved. 18. Replacing any cowling. 19. Replacing or cleaning spark plugs and setting of spark plug gap clearance. 20. Replacing any hose connection except hydraulic connections or fuel lines. 21. Cleaning or replacing fuel and oil strainers or filter elements. 22. Replacing and servicing batteries. 23. Replacement or adjustment of nonstructural standard fasteners incidental to operations. 24. Removing, checking, and replacing magnetic chip detectors. 15 -r� EAGLE COUNTY REGIONAL AIRPORT RULES AND REGULATIONS ADOPTED BY THE EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS (May 28, 2002) -1- 3 EAGLE COUNTY REGIONAL AIRPORT RULES AND REGULATIONS I. GENERAL PROVISIONS 11. DEFINITIONS 111. AIRCRAFT RULES IV. VEHICLE TRAFFIC V. PERSONAL CONDUCT VI. CONSTRUCTION ON AIRPORT VII. COMMERCIAL AERONAUTICAL ACTIVITIES VIII. FIRE/STORAGE/DISPOSAL REGULATIONS IX. FUELING OPERATIONS X. FLYING CLUBS _z_ GENERAL PROVISIONS These Eagle County Regional Airport Rules and Regulations ( "Rules and Regulations ") are promulgated under Colorado Revised Statues which specifically grant the Eagle County Board of County Commissioners the power "...to provide the rules and regulations governing the use of such airport and facilities .p" A. The Eagle County Regional Airport, shalt be open for public use subject to certain restrictions which may be necessary due to inclement weather, in the interest of flying safety, the conditions of the landing area, presentation of special events and like causes as may be determined by the BOCC, or its representative, and subject to such reasonable fees and charges as may be established without unjust discrimination for each class of user. B. The use of the airport or any of its facilities in any manner shall create the obligation and the implied consent of the user to obey all of the regulations provided herein. C. The privilege of using the airport and any and all of its facilities shall be conditioned on the assumption of full responsibility and risk by the user thereof. All users agree to release and hold harmless the County, its representatives, agents and employees from liability for and damage to their property contained in, on and/or over the premises resulting from any cause whatsoever, excepting only such injury or damage which results from the willful acts of the County, its representatives, agents and employees. It is further agreed that as an express condition of this use, the County shall be free from all liabilities and claims for damage, and from all suits therefore, or by reason of an injury to any person or to any property of any kind whatsoever, whether to the person or property of the user or the person or property of its agents or employees, or to their persons or to their property, from any cause whatsoever while any of said person or property is in, upon or over said premises or any part thereof or for any such injuryto any person-or- property, aforesaid-occasioned-by-a- use-of said - premises or- any-activity carried on by the user in connection therewith, and the user hereby covenants and agrees that the user will indemnify and hold harmless the County from all liabilities, charges, expenses (including counsel fees) and costs on account of or by any such injuries, liabilities, claims, suits, or losses however occurring, or by reason of damages growing out of the same_ Their exercise of the privilege of use shall constitute an acknowledgment that the County maintains said airport in a governmental capacity. D. No person, not properly certificated or registered by the Federal Aviation Administration (FAA), and no aircraft not similarly certificated, shall operate on the airport; provided, that this restriction shall not apply to public aircraft belonging to the government of the United States or to a state, territory, possession of any political subdivision, nor to any aircraft of a foreign county operated under permission of the federal government. E. The Eagle County Board of County Commissioners shall initiate amendments, additions, deletions or corrections to these Rules and Regulations as conditions warrant. F. These Rules and Regulations supersede and cancel all previous rules and regulations of Eagle County Regional Airport. G. The Airport Manager is authorized by the Eagle County Board of County -3- Commissioners to enforce these Rules and Regulations. H. All persons entering or using the Eagle County Regional Airport property shall be governed by these Rules and Reguiations prescribed herein, hereinafter promulgated, and by such subsequent additions, amendments and /or modifications hereto as may be adopted by the BOCC relative to the use or occupation of any part of the property or facilities thereon comprising the airport. 1. A violation of these Rules and Regulations ma y cause the penalty to escalate from a temptrary loss of the privilege to permanent revocation :r access privileges, to ultimately, termination of lease or other a&sements, denial of use of Eagle County Regional Airport and /or prosecution under applicable law. J. Any person denied use of the Eagle County Regional Airport due to violation of these Rules and Regulations shall only use the Airport for the purpose of enplaning or deplaning Aircraft. K. Voiding of any specific rule or regulation shall not affect the validity of the remainder of these Rules and Regulations. L. Special Regulations, Notices, Memorandums, or Directions of an operations nature of interest to person engaged in business with the airport may be issued under the authority of these Rules and Regulations. M. All individuals entering restricted access areas of the airport (buildings and /or grounds) will hold and display valid identification media (ID Badge) for such areas, as required by Eagle County and the FAA/TSA. 11. DEFINITIONS A. AARF - Aircraft Rescue and Fire Fighting. B. Abandoned aircraft - Any aircraft left unattended and stationary on the airport property in an inoperable condition or under such circumstances that evidence an intention by the owner /operator to voluntarily surrender, relinquish or disclaim the aircraft. C. Abandoned vehicle - Any vehicle which has remained stationary on the Airport in excess of 72 hours and is in a condition that would render the vehicle inoperable including but not limited to expired license plates, missing or flat tire, or broken window. D. Airport Operations Area ( "AOX) - For the purposes of these Rules and Regulations includes runways and taxiways. E. Aircraft - Any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air. F. Airport - All.land within the legal boundaries of Eagle County Regional Airport_ G. Airport Manager - The person hired by the County to administer and direct the operation of the Airport and to enforce these Rules and Regulations and /or the Airport Manager's designated agent. H. "Authorized," means acting under or pursuant to a written contract, permit or other evidence of righf ssued by the BOCC or its designated representative. 1. BOCC - Eagle County Board of County Commissioners. J. Commercial Aeronautical Activity - Any commercial operation that is related to the operation of Aircraft as prescribed in the Eagle County Regional Airport Minimum standards for Commercial Aeronautical Activities. K. Commercial Non - Aeronautical Activity - Any commercial operation not directly related to the operation of Aircraft e.g. restaurant, rental car, or other concessions. L. Driver. Any person who is in actual physical control of a vehicle. M. FAA - United States Department of Transportation, Federal Aviation Administration. N. Fire Authority having jurisdiction -The G' ypsum Fire Protection District. O. FBO - Fixed Base Operator. P. Maintenance - Aircraft inspection, overhaul, repair, preservation and replacement of parts, including preventative maintenance, as described in Part 43 of the Federal Aviation Regulations. Q. Pilot - Any person who is in actual physical control of an Aircraft. R. Park - The standing of a vehicle or Aircraft, whether occupied or not, other than very briefly for the purpose of, and while actually engaged in, loading or unloading of property of passengers. S. Rules and Regulations - These Rules and Regulations, adopted by the BOCC on May 28, 2002 and as amended from time to time. T. Run -up - Aircraft engine operation above normal idle power for a purpose other than initiating taxi. U. Tower - Eagle County Regional Airport Control Tower V. Vehicle - Any device which is capable of moving or being moved, from place to place upon wheels; does not include any device moved by muscular power or designed to move primarily through the air. III. AIRCRAFT RULES A. All aeronautical activities at the Airport shall conform to the current applicable provisions of FAA regulations and orders; applicable state and local law; rules and regulations issued by the BOCC; and instructions' and directives issued by the Airport Manager, in accordance with these Rules and Regulations. B. The Airport Manager may deny use of the Airport to any person in violation of these Rules and Regulations or FAA regulations. C. The Airport Manager shall prohibit Aircraft operations when the Airport Manager -5- determines that conditions are such that continued operations would be unsafe and shall issue a NOTICE TO AIRMEN (NOTAM) to close a portion or the entire Airport or to terminate or restrict activity on the Airport. D. At the request of any owner or operator of an Aircraft, the Airport Manager shall have any person who creates a nuisance or a threat to person, property or Aircraft removed from said Aircraft. E. Operating an Aircraft in a careless or negligent manner, or in disregard of the rights and safety of others, or Without due caution, or at a speed or in a manner which does or is likely to endanger persons or.prc:perty, is .pt v hibited. , P. Aircraft pilots shall obey all pavement markings, signage and lighted signals_ G. The positioning, starting or taxiing of Aircraft shall be done in such a manner so as not to cause propeller slipstream or jet blast that may result in injury to persons or damage to property. H. Aircraft shall not be started or taxied within any structure on the Airport_ 1. Aircraft shall be parked only in those areas designed for such purpose by the Airport Manager and shall be positioned in such a manner so as not to block taxi lanes or obstruct access to hangars, parked Aircraft or operators. parked. J. Aircraft pilots shall ensure that Aircraft are properly tied down or chocked when K. Passengers and cargo shall be enplaned /deplaned only in areas designated by the Airport Manager. L. Run -up of jet, turboprop or piston engines shall be performed only in the areas designated for such. purpose by the Airport Manager or Tower_ M. Leaving an Aircraft unattended with an engine running is prohibited. N. Fixed wing Aircraft taking off or landing at the Airport shall do so only from designated runways and shall comply fully with FAA Regulations. O. No helicopter shall be operated within fifty (50) feet of any building and shall operate only from areas approved by the Airport Manager, P. Derelict or damaged Aircraft in obvious need of major repairs shall not be permitted within the tie -down or ramp areas. Q. Abandoned Aircraft are prohibited on the Airport. The Airport Manager may remove abandoned Aircraft at the sole expense and risk of the owner. R. Aircraft maintenance is permitted on the Airport only in areas designated in lease agreements by the Airport Manager_ S. Aircraft maintenance within hangars shall be limited to that specifically permitted by the building type rating established in the Uniform Building Code and in compliance with the directives of the Fire Authority. In P T. Aircraft painting shall be performed only in hangars approved for that activity_ U. Cleaning of Aircraft shall be performed only in the areas and in the manner prescribed by the Airport Manager and in compliance with the Storm Water management Plan. V. The pilot or owner of an Aircraft involved in an accident on the Airport resulting in injury to person or damage to property shall notify the Airport Manager immediately and comply with the applicable provisions of national Transportation Safety Board Regulations, Part 380. W. An Aircraft involved in an accident on the Airport shat not be removed from the ticene of the accident until authorized by the Airport Managerwho shall receive removal authorization from the Flight Standards District Office or National Transportation Safety Board, when applicable. X. Once authorization for removal of a disabled Aircraft has been issued, the owner or pilot shall make immediate arrangements to have the Aircraft moved. If removal is not initiated within a reasonable amount of time as determined by the Airport Manager, the Airport Manager may have the Aircraft removed at the owner's sole risk and expense. Y. No aircraft having a listed Manufacturer's Maximum Gross Takeoff Weight in excess of those weights established by the SOCC, and as amended'in the future, shall be operated on the airport without the expressed written authorization of the Airport Manager. Z. In the event of any damage to airport property from any type of accident, crash or fire; or resulting from any malfunction or operation; the owner, or pilot of the aircraft involved is responsible to the County for the actual damage, the amount of which is to be ascertained by the County who shall require payment by the owner or operator. IV. VEHICLE TRAFFIC .A,.,_ ... _ A Lmh-ic e.dri_v_ers, on the Airport shall campy fully_ with the State of Colorado Motor vehicle taws, these Rules and Regulations, and instructions issued by the Airport Manager or law enforcement. B. sinless otherwise authorized by the Airport Manager, all vehicles operating on the AOA shall be registered with the Airport Manager and must display a current Airport annually renewed issued decal. Further, all such private vehicles with permitted access to the AOA, shall show proof of insurance naming Eagle County as an additional insured_ C. Vehicle operations on the AOA shall be conducted in a careful and prudent manner so as not to endanger the life, limb or property of any person and in contact with the Tower. D. All vehicle drivers shall obey posted regulatory signs and all instructions and directives of the Airport Manager. E. Except for authorized emergency vehicles, the maximum allowable speed on the AOA is 15 miles per hour. F. No vehicle shall operate in close proximity to an Aircraft so as to create a hazard or interfere with the safe operation of the Aircraft. -7- .G. Aircraft shall have the right of way at all times and in all locations. H. Vehicles shall give way to pedestrians, emergency equipment, and snowplows at all times. 1. When approaching taxiing Aircraft, vehicles shall not proceed closer than 100 feet and shall stay to the rear of the Aircraft. J. Vehicles shall park in tie -down areas only between the tie -down hooks, parallel to Aircraft, and only in the spaces leased by the vehicle owner. K. Parking is permitted in designated areas only. L. Campers, recreational vehicles, and trailers are prohibited on the AOA. M. Abandoned vehicles are prohibited on the Airport. N. A driver of a vehicle on-the Airport who is involved in an accident resulting in injury to a person or damage to property, shall stop the vehicle at the scene or as close as possible, without obstructing traffic, render aid and notify law enforcement and the Airport Manager. O_ The Airport Manager, at the owner's sole risk and expense, may cause to be ticketed and towed vehicles in violation of these Rules and Regulations. P. Rental car companies, limousine services and transport bus services shall have prior authorization from the BOCC /SCAT Board before conducting business on the Airport. Q. All vehicles permitted access to the AOA shall be equipped with a functioning aeronautical mobile two -way radio (operating on 118.2 MHZ and 124.8 MHZ, or on such other frequency(s) as required by the Airport Manager). All such vehicles shall be further equipped with either an operable amber rotating- beacon, -FAA= approved-flag. or other equiprrfort as, required by Eagle County or the FAA_ R. Eagle County reserves the right to deny access to any party or business if the party fails to act responsibly while in control of machinery or motor vehicles which may be operated on the Airport. V. PERSONAL CONDUCT A. Destroying, injuring, defacing, disturbing, removing or tampering with any man- made or natural Airport property is prohibited. B. No written advertisements and handbills may be posted or distributed without the prior written authorization of the Airport Manager. C. The posting or distributing of handbills or written advertisements on Aircraft or vehicles is prohibited. D_ Use of the public area of any building on the Airport for sleeping or other purposes in lieu of a hotel, motel, or other public accommodation is prohibited unless otherwise approved by the Airport Manager. E. No person shall litter any area of the Airport and each person shall ensure that- all trash and refuse is properly disposed of in the appropriate container. F. No person shall commit any disorderly, indecent, lewd, or unlawful act or commit, any nuisance on the Airport. G. The Eagle County Liquor Code shall control consumption of intoxicating liquors_ at the Airport. H. Interference with safe operation of an Aircraft landing at, taking off from, or operating on the Airport is prma iblted. 1. All domestic pets must be restrained by leash or confined in an area designated by the Airport Manager. J. Hunting and trapping are prohibited on the Airport. K. Horseback riding is prohibited within the security fence. L. Articles found in public areas at the Airport shall be turned over to the Airport manager. Articles unclaimed by the owner within 30 days may be returned to the finder or otherwise legally disposed of by the Airport Manager. M. No person shall make, possess, use, offer for sale, pass or deliver any forged or falsely altered pass, permit, identification card, sign or other authorization purporting to be issued by or on behalf of the Airport Manager. N. Gambling and bet making -in any form at the Airport is prohibited. O. All signs installed on the Airport shall meet the Eagle County Sign Code requirements and shall be approved in writing by the Airport Manager. P. Pt rsons shall-not enter any'restricted, area without the prior authorization of-tha Airport Manager. Q. Tampering or interfering with secured Airport property is prohibited_ R. Discharge of any weapon, except in the performance of official duties or in the lawful defense of life or property, is prohibited on the Airport. S. Persons entering the Airport are required to produce identification when asked to do so by the Airport Manager. Vl. CONSTRUCTION ON AIRPORT A. Any construction or alteration taking place on the Airport shall be performed in compliance with FAA, state and BOCC guidelines; and proper building permits shall be obtained. B. No construction shall take place on the Airport without execution of a written agreement with the BOCC and written approval of a construction start date by the Airport Manager 0 VII• COMMERCIAL. ACTIVITIES A. All Commercial Aeronautical Activities conducted on the Airport must be approved by the BOCC by means of a written agreement and shall be performed under the Eagle County Regional Airport Minimum Standards for Commercial Aeronautical Activities and these Rules and Regulations. B. All Commercial Non- Aeronautical Activities performed on the Airport mast be approved by the BOCC by means of a written agreement and performed under these Rules and Regulations. VIII. FIREISTORAGEIDISP ©SAL REGULA rIONS A. All persons, companies and agencies engaged in any activity at the Airport, whether occupying BOCC owned buildings or otherwise, shall comply with the provisions of all applicable local, state, and federal laws and regulations; the Uniform Fire Code; and the practices recommended by the National Board of Fire Underwriters. B. All persons, companies and agencies engaged in any activity at the Airport, whether occupying BOCC owned buildings or otherwise, shall comply with all directives issued by the BOCC, directly or through its Airport Manager, or other authorized officials regarding fire prevention, including but not limited to the removal of fire hazards, arrangement and modification of equipment, and altering of operating procedures which are unsafe, as determined by the Airport manager andfor•Fire Chief_ C. All persons using the Airport or the facilities of the Airport shall exercise the utmost care to guard against fire and injury to persons or property. D. The use and storage of all flammables and hazardous liquids and materials shall be in compliance with the federal, state and local laws and ordinances, the Uniform Fire Code, and the Airport Storm Water Management Plan. E. Open flame operations shall be conducted on the Airport only in designated areas and with the authorization of the BOCC, directly or through its Airport Manager, and the Fire Chief. F. The placement of any storage container, locker, structure or bin on the Airport shall comply with the Uniform Fire Code and be approved by the BOCC, directly or through its Airport Manager, as to type, placement, size and color. G. Lubricating oils and hazardous liquids shall be disposed of in a manner compatible with the Airport Storm Water Management Plan, the Uniform Fire Code, and state, federal and local law. H. No fuels, oils, dopes, paints, solvents, acids or any other hazardous liquids shall be disposed of or dumped in drains, on ramp areas, catch basins or ditches or elsewhere on the Airport. J. The storage of waste materials and trash at the Airport is prohibited unless such are placed in suitable receptacles. J. Open flames, smoking, matches, and lighters are prohibited within 50 ft. of any Aircraft and within 100 ft. of any fuel storage area or any Aircraft being fueled or defueled. -to- E�. ',E BOARF OF COUNTY COMMI. 'ONERS AGENDA'' REQUEST & STAFF RECOMMENDATION FORM TITLE: Planned Unit Development (PUD) Approval for Airport T- Hangars LOCATION: Eagle County Airport STAFF CONTACT/PRESENTER: Eddie F. Storer, Airport Manager DEPARTMENT: Eagle County Airport REQUESTED HEARING DATE _ 3102 CHOICE} _(1ST CHOICE )I ` w (2ND CHECK ONE: CONSENT CALENDAR ON THE RECORD xxx WORK SESSION LENGTH OF TIME REQUESTEDIREQUIRED THE DOCUMENTS TO BE SIGNED HAVE BEEN REVIEWED & APPROVED BY THE COUNTY ATTORNEY At rney IF THIS IS A CONTRACT OR OTH R I EM REQUIRING AN EXPENDITURE, IS THE FULL AMOUNT TO COVER THIS REQUEST IN THE CURRENTAPPROVED BUDGET? Yes PROJECT /CONTRACT DESCRIPTION: On June 25, 2002, the Board approved the purchase of five large and five small t- hangars for installation on the Airport's north ramp. These t- hangars are due to arrive shortly and construction should begin immediately. A photo and drawing with dimensions of each t- hangar is attached. Also attached is a drawing outlining the Airport parcel where the t- hangars will be constructed. STAFF RECOMMENDATION: Approval of plans as submitted. BASIS FOR RECOMMENDATION: BOCC approval is required by the Airport's PUD priorto construction and by Community Development priorto issuance of a building permit. PROPOSED MOTION: I move that the Board approve the construction of t- hangars on the Airport's north ramp as outlined. Revised $115/2000 (ATTACH ALL BACK UP DOCUMENTS TO THIS FORM) Jack Ingstad, County Administrator YRANS-PORT 1000 I TRANS-PORT 1000 Light to Medium Single - Engine Aircraft Back to Index of Hangars A littp://wwwjtnhangars.com/Hangars/TP1000.1itml Page I of I 8/26/02 -MANS -PORT 3000 TRANS -PORT 3000 Large Single to Light Twin - Engine Aircraft Back io hider' of H alizars Clearances: �e Exterior: Interior: Page 1 of 1 littp://wwwjml-langars.com/Hangars/TP300O.html 8/26/02