HomeMy WebLinkAboutFlight Level Aviation, LLC. - Agreement-05.27.2022DocuSign Envelope ID: F720CEAF-E960-4EE8-A15A-9EE4110B26CA
TEMPORARY USE PERMIT
THIS TEMPORARY USE PERMIT (Permit) is issued this 27th day of May, 2022, by the
CITY OF FRESNO, CALIFORNIA, a municipal corporation (City), acting by and through
the Director of Aviation of City (Director) to Flight Level Aviation, LLC., a California
Limited Liability Company, (Permittee).
WITNESSETH
WHEREAS, City is the owner and operator of the Fresno Chandler Executive Airport
(FCH) located in the City of Fresno, County of Fresno, State of California; and
WHEREAS, Permittee desires to operate a self-service general aviation fueling station
and tank as services to the general aviation community on the airfield at FCH; and
WHEREAS, City desires to grant Permittee the right to operate said business from
areas within locations as described and depicted on Exhibit "A", attached hereto and
incorporated herein, upon the terms and conditions herein; and
WHEREAS, pursuant to Resolution No. 91-279, "Resolution of the Council of the City of
Fresno, California, Authorizing Director of Aviation to Execute Temporary Permit
Agreements for the City" (passed by the City Council of City on July 16, 1991), the
Director of Aviation may authorize and execute a Temporary Use Permit for use of
Airport property for a term of up to six (6) months.
NOW THEREFORE, pursuant to Resolution No. 91-279, and in accordance with the
Fresno Municipal Code, and subject to all of the terms, conditions and limitations
contained within said Chapter of said Article, all of which are incorporated herein by
reference, and in consideration of the above recitals, which recitals are contractual in
nature, the mutual promises herein contained, and for such other good and valuable
consideration hereby acknowledged, this Permit is issued as follows:
ARTICLE 1 - DEFINITIONS
The following words and phrases shall have the following meanings when used
elsewhere in this Permit.
A. "Permit" means this Temporary Use Permit between City and Permittee,
as the same may be amended or supplemented from time to time
pursuant to the terms hereof.
B. "Fresno Chandler Executive Airport" "FCH" means the Airport located at
510 West Kearney, Blvd. Fresno, CA 93706.
C. "Assigned Area" means the public area or areas designated and depicted
on Exhibit "A" attached hereto, as the place or places within the Airport
where the fuel dispensing system and above ground tank is located.
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TEMPORARY USE PERMIT
BETWEEN
CITY OF FRESNO
(A Municipal Corporation)
AND
FLIGHT LEVEL AVIATION, LLC.,
A CALIFORNIA LIMITED LIABILITY COMPANY
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D. "Director" shall mean the City of Fresno's Director of Aviation, or the
designee of the Director of Aviation.
E. "Fuel Flowage Fees" means gallonage fee for aviation fuel sold and
dispensed on airport property by Permittee. The rate is listed in the
Master Fee Schedule.
F. "Terminal Building" means the Administration/Terminal Building at the
Airport as it exists on the date hereof, and any additions made thereto
during the term of this Permit.
G. "The Term of this Permit" (and any and all readily identifiable variations
thereof), when used herein, means the full Term of this Permit, as
specified within Article 2 of this Permit, including any extension(s) of said
term, UNLESS this Permit shall be terminated earlier as herein elsewhere
provided, in which event, said phrase and said variations thereof, shall
mean the lesser period during which this Permit shall be in full force and
effect.
ARTICLE 2 - TERM
Section 2.1 Term
The Term of this Permit shall become effective upon the date set forth above and shall
continue for six (6) months, until 11:59 p. P.S.T., November 26, 2022, subject to prior
termination as provided herein.
ARTICLE 3 - RIGHTS OF PERMITTEE
Section 3.1 Grant of Use Rights
City hereby grants to Permittee the exclusive right to operate a self-service general
aviation fueling station and tank at FCH including a revocable (as provided herein) right
to use the Assigned Area solely for the purposes of this Permit. Permittee agrees to
provide a self-service location that operates 24 hours a day, 7 days a week. Permittee
also agrees to have an access number listed to assist users listed at the location that
will respond 24 hours a day, 7 days a week. The Permittee is responsible for but not
limited to: equipment maintenance, service to the public, secured transactions for fuel
services. All costs incurred by Permittee in pursuit hereof, including costs arising from
maintenance and ownership of all equipment shall rest solely with Permittee.
Section 3.2 Installation of Improvements and Equipment
A. Permittee shall maintain the currently installed 12,000 gallon above ground
fueling tank, dispenser and install new merchant credit card processing
equipment at the location. City shall approve the area where the equipment is to
be installed, in advance. At any time during the life hereof, City may by written
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notice reasonably require Permittee to install additional equipment and/or provide
additional services at Airport if public demand so indicates.
B. On -Site Payment Processing System. Permittee shall have the right to install a
payment processing system to the location, for the purpose of charging
customers for dispensing fuel from the self -serve location. If after the termination
of this permit the Permittee is not awarded the permanent leasehold of the self-
service fuel facility, the Permittee shall be reimbursed for the cost of the payment
processing system minus any depreciation. If reimbursement does occur,
Permittee must provide City with a copy of all invoices and paperwork that are a
direct result and cost of the payment processing system. Upon receipt of the
invoice and documents, City shall have 90 days to submit for reimbursement
payment back to Permittee. At that time, Permittee must sign over bill of sale and
all other information as to the ownership of the payment processing system.
Upon final payment, the system shall become solely owned by the City.
If Permittee is granted the permanent leasehold, then the installation of the
payment processing system shall be at Permittee's own cost with no right to
reimbursement.
C. Permittee shall not install or affix any signs or advertisements in or to any portion
of the Airport without the prior written consent of City.
Section 3.3 Permittee's Alterations and Improvements
Permittee shall not install or erect any alterations or improvements in the Assigned
Area, unless and until plans and specifications for such alterations or improvements
shall have been submitted to and approved in writing by City. Any such alterations or
improvements shall be without cost to City. All alterations, improvements, equipment
and interior design and decor constructed or installed by Permittee, its agents, or
contractors, including the plans and specifications, shall conform to all applicable
statutes, ordinances, building codes, and rules and regulations.
Full and complete plans and specifications for all work, facilities, improvements, and
finishes, and the time required to complete same, shall be submitted to and receive the
written approval of City before any work or construction is commenced. First-class
standards of design and construction shall be complied with in connection with all such
work, facilities, and improvements; and all construction shall conform with the general
architectural requirements of City.
Two copies of the as -built plans for all improvements or subsequent changes therein or
alterations thereof to the Assigned Area shall be given to City for review prior to
commencement of construction; after final approval by City, City will return one
approved copy for Permittee's records and shall retain one approved copy as an official
record thereof. These plans, and any subsequent modifications or alterations, shall also
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be furnished to City on computer discs as electronic files in a format compatible with the
CADD system used by City.
Section 3.4 Citv's Alterations and Improvements_ to Airport
Permittee acknowledges that from time to time City may undertake construction, repair,
or other activities related to the operation, maintenance and repair of the airfield, which
may temporarily affect Permittee's operations hereunder. Permittee agrees to
accommodate City in such matters, even though Permittee's own activities may be
inconvenienced, and Permittee agrees that no liability shall attach to City, its members,
employees, or agents by reason of such inconvenience or impairment. It is agreed that
in the event such activities of City substantially impair the operations of Permittee under
this Permit, the Fuel Flowage Fees shall be reduced or waived during such period of
substantial impairment in reasonable proportion to the degree of impairment, with what
constitutes "substantial impairment" being determined at the sole discretion of City after
consultation with Permittee.
Section 3.5 Title Removal and Demolition of Improvements
Any permanent improvements, additions, and alterations made to the Assigned Area by
Permittee shall upon installation become the property of City free and clear of liens or
encumbrances; provided, however, that any trade fixtures, associated equipment, signs,
and other personal property of Permittee not permanently affixed to Assigned Area shall
remain the property of Permittee. Should Permittee fail within twenty (20) business days
following the termination of this Permit to remove its trade fixtures, signs, and other
personal property of Permittee not permanently affixed to Assigned Area, then at the
option of City, title to same shall vest in City at no cost to City.
Permittee shall not remove or demolish, in whole or in part, any improvements upon
Assigned Area without the prior written consent of the Director. Permittee understands
and agrees that consent may be conditioned upon the obligation of Permittee to replace
the same by an improvement specified in such consent at Permittee's sole expense.
Section 3.6 Reimbursement of Fuel Costs
Should the Permittee not enter into an agreement the end of this Term, all fuel still
stored within the tank at that time shall become the property of City. The Permittee shall
be entitled to reimbursement for the cost of the fuel remaining in the tank. Permittee
shall be responsible for providing an invoice to show what was paid for that fuel.
ARTICLE 4 - MAINTENANCE
Section 4.1 City's Obligations
City agrees that it will at all times maintain, operate, and keep in good repair FCH, and
all appurtenances, facilities, and services now or hereafter connected thereto.
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Section 4.2 Permittee's Obligations
A. Permittee shall be obligated, without cost to City, to maintain self-service general
aviation fueling station and tank in good appearance, repair, and safe condition
and in compliance with all requirements of the law and City.
B. Permittee shall also maintain all of the Assigned Area and self-service general
aviation fueling station and tank in a neat and clean condition, free from all litter,
trash, scrap paper and similar debris, and perform all such painting and repair
work as is necessary to maintain said area in an attractive condition.
C. Permittee shall observe and comply with any and all requirements of all federal,
state or local statutes, ordinances, regulations and standards applicable to
Permittee or its use of FCH, including, but not limited to, rules and regulations
promulgated from time to time by City and other authorities having jurisdiction
over operations in and about FCH.
D. Upon execution of this Permit, Permittee shall establish a preventive and routine
maintenance program, the provisions of which shall be subject to the approval of
and periodic review by the Director or designee. Permittee shall from time to
time, upon request, provide the Director or designee a written schedule of
Permittee's cleaning and maintenance program.
E. If City determines that maintenance of the self-service general aviation fueling
station and tank is not satisfactory, City shall so notify Permittee in writing. If
appropriate maintenance is not performed by Permittee within fifteen (15) days
after receipt of written notice, City or its agent shall have the right to perform the
maintenance and Permittee agrees to reimburse City promptly for the cost
thereof, plus fifteen percent (15%) for administrative overhead.
F. Prior to making any repairs to the Assigned Area other than to its own
equipment, Permittee shall discuss with the Director or designee to determine
whether City elects to make the repairs with its own personnel and charge
Permittee its standard rates for such service including any overhead charges. All
work performed by Permittee must be inspected and approved by the Director.
G. All repairs done by Permittee or by others on its behalf shall be of professional
quality in both materials and workmanship. All repairs shall be made in
conformity with the rules and regulations prescribed from time to time by federal,
state, county or local authority having jurisdiction over the work in the Assigned
Area.
H. Permittee's Obligations regarding Repair and Maintenance of the Premises:
Permittee shall be solely responsible for and expressly agrees at all times during
the Term of this Lease, at Permittee's own cost and expense, keep and maintain
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the Premises and all buildings, structures, paved surfaces, hangar doors,
security fences, any security gates installed by Permittee , and any and all other
improvements constructed, installed, and/or located in and/or on said Premises
in good order and repair, free of weeds and rubbish, and in a clean, sanitary,
sightly and neat condition (City shall have no obligation to provide any services
whatsoever in this regard); and at Permittee's sole expense maintain, repair,
and/or provide the premises and any and all facilities and other improvements in
full compliance with any and all building, fire, safety, and environmental codes,
ordinances, statutes, standards, rules, regulations and/or requirements of any
and all federal, state, county and/or municipal governmental entities which may,
at any time and from time to time during the Term hereof, be required by law to
facilitate the commencement and/or continuation of the use(s) thereof for such
purposes as are authorized hereunder.
Permittee shall provide maintenance service for any landscaped areas located
on the Premises during the Term of this Lease. Such services shall be performed
by Permittee at no cost to City and shall include and be limited to the following:
1. Removal trash/rubbish from around the location; and
2. Monthly maintenance of the self-service general aviation fueling station
and tank.
J. City's Right to Enter: City's representatives shall have the right to enter upon all
or any part of the Premises at any and all reasonable hours on any day of the
week for the purpose of inspecting same or for the purpose of making any
required repairs thereto and performing any required maintenance thereon. City
agrees to provide Permittee with a minimum of ten (10) days' notice in advance
of any formal inspection of the Premises and prior to the making of any required
repairs thereto, except in cases of emergency wherein no advance notice will be
required.
K. Repairs by City at Permittee's Expense: In the event, City deems any repairs
required to be made by Permittee necessary and serves Permittee with written
notice thereof, if, for any reason whatsoever, Permittee fails to commence such
repairs and complete same with reasonable dispatch, City may then make such
repairs or cause such repairs to be made and shall not be responsible to
Permittee for any loss or damage that may occur to Permittee's stock or business
by reason thereof. If City makes such repairs or causes such repairs to be made,
Permittee agrees that the cost thereof shall be payable, as additional rent, along
with the next monthly rental installment due hereunder after the completion of
such repairs and the submission by City to Permittee of a statement of such cost,
or if no further rental installments are then payable, within thirty (30) days
following submission by City of any such statement.
Section 4.03 Utilities, Outside Storage, Disposable Waste, Control of Hazards and
Nuisances, and Permittee's Responsibility Regarding Hazardous Substance.
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A. Utilities:
1. During the Term hereof, Permittee shall make its own arrangements for and
pay all charges for water, sewer, gas, electricity, telephone, trash collection, and
other utility service(s) (Utilities) supplied to and used on the Premises. All such
charges shall be paid before delinquency, and City and the Premises shall be
protected and held harmless by Permittee therefrom. Should Permittee make
arrangements for any Utilities through the City's Utilities Billing and Collection
Section (e.g. water, sewage, and/or solid waste [trash] disposal), Permittee
agrees to pay to City, monthly, upon receipt of the billing(s) therefor at the then
current rates as established from time to time by ordinances of City for such
services, such sum(s) as shall be due for any and all such services provided to
the Premises during the Term hereof.
2. Upon Permittee's obtaining of any and all required permits and the payment of
any required charges or fees, Permittee shall be granted the right to connect to
any and all storm drains, sanitary sewers and/or water and utility outlets as shall
be available and/or provided to service the Premises.
3. The construction/installation of any and all connections to any and all utility
systems, including, without limitation, water service lines and associated fixtures,
piping, plumbing and hardware, sewer connector lines, and storm drain inlets,
feeder lines, etc., shall be the obligation of Permittee at Permittee's own cost and
expense.
4. City shall not be liable to Permittee for any interruption in or curtailment of any
utility service, nor shall any such interruption or curtailment constitute a
constructive eviction or grounds for rental abatement in whole or in part
hereunder.
B. Outside Storage:
Except for operational vehicles directly related to the business in regular use
within, upon, to and from the Premises, no materials, supplies, products,
equipment or other personal property shall be stored outside of buildings or
structure.
C. Disposable Waste:
1. Solid Waste: Permittee, at Permittee's own cost and expense, shall provide a
complete and proper arrangement, in compliance with all ordinances of City, for
the adequate, sightly, sanitary handling and disposal, away from FCH, of all solid
waste caused as a result of any and all activities conducted on the Premises.
Permittee shall provide and use suitable covered receptacles for discarded
machinery or parts and any other solid commercial and/or industrial wastes
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and/or other refuse. The area in which said waste receptacles are stored shall be
kept clean and free of all trash and debris. The temporary piling of boxes,
cartons, barrels or other similar items, in an unsightly manner, on or about the
Premises, pending removal and disposal thereof, is prohibited.
2. Liquid Waste: Permittee shall at all times comply with any and all applicable
laws, ordinances, rules, regulations or orders of any and all governmental
agencies having jurisdiction over storage, transport, treatment or disposal of
liquid waste; and Permittee agrees that it shall neither conduct nor suffer or
permit the conducting of any activity(ies) in/on the Premises which shall be in
violation thereof, and Permittee shall ensure that no untreated liquid waste, from
any type of operation/activity conducted/engaged in on the Premises, is allowed
to enter any storm drainage system, sanitary sewer system, and/or aquifer.
D. Control of Hazards and Nuisances:
Permittee shall, at all times, keep the Premises and each and every part thereof
in a neat, clean and orderly condition, and shall prevent the accumulation of, and
shall maintain said Premises free from, any refuse or waste materials which
might be or constitute a potential health, environmental, or fire hazard or public or
private nuisance. Permittee shall neither conduct nor suffer or permit the
conducting of any activity on the Premises which either directly or indirectly
produces objectionable or unlawful amounts or levels of air pollution (gases,
particulate matter, odors, fumes, smoke, dust, etc.); water pollution; light, glare,
or heat; electronic and/or radio emissions interfering with any navigational or
communications facilities/operations associated with the operation of the airport
and/or its use by aircraft; trash or refuse accumulation; or any other
activity/operation which is hazardous or dangerous by reason or risk of
explosion, fire or harmful emission.
Section 4.4 Permittee's Responsibility Regarding Hazardous Substances
1. Definition: The term "Hazardous Substances", as used in this Lease, shall
include, without limitation, flammables, explosives, radioactive materials,
asbestos, polychlorinated biphenyls (PCBs), chemicals known to cause
cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes,
toxic substances or related materials, petroleum and petroleum products, and
substances declared to be hazardous or toxic under any law or regulation
now or hereafter enacted or promulgated by any governmental authority.
2. Restrictions: Permittee shall not cause or permit to occur:
a. Any violation of any federal, state, or local law, ordinance, or regulation
now or hereafter enacted, related to environmental conditions in, on,
under or about the Premises, or arising from Permittee's use(s) or
occupancy(ies) thereof, including, but not limited to, soil and ground water
conditions; or
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b. The use, generation, release, manufacture, refining, production,
processing, storage, or disposal of any Hazardous Substance in, on,
under or about the Premises, or the transportation to or from the Premises
of any Hazardous Substance, except where Airport's advance written
consent to any such use, generation, release, manufacture, refining,
production, processing, or storage shall have been requested in writing
and received by Permittee. Any and all such consents of Airport shall be
deemed given subject to and conditioned upon Permittee's fully and
faithfully complying with any and all federal, state, or local statutes, laws,
ordinances, rules and/or regulations, now or hereafter enacted, applicable
to the use, generation, manufacture, refining, production, processing,
transport, transfer, storage, and/or sale of that/those Hazardous
Substances to which any such consent of Airport may, in any way
whatsoever, be deemed to apply.
c. City's consent/approval shall not be required for the use, storage and
disposal of materials/supplies containing hazardous substances where
such materials/supplies shall be lawfully available to BOTH the general
public and Permittee through commercial retail outlets so long as:
Such materials/supplies are NOT for "RESALE", are
obtained periodically but frequently enough to preclude the
storage of unreasonable quantities of such on the Premises,
and are for use by Permittee or Permittee's employees,
agents, representatives, contractors, or sub -contractors in
the performance of Permittee's normal day-to-day and/or
periodic housekeeping and routine, recurring maintenance
activities on the Premises (e.g., commercial cleaning
products [soaps/detergents/ solvents], furniture and floor
waxes, landscape fertilizers, weed/pest killers, products
normally used in the Permittee's industry, etc.); and
ii. So long as the use, storage and disposal of any and all of
such materials/supplies shall be in full compliance with any
and all federal, state and local statutes, laws, ordinances,
codes, rules and regulations applicable thereto now or
hereafter enacted (including, without limitation, any and all
Occupational Safety and Health statutes, laws, codes, rules
and regulations of the Federal Government and the State of
California).
3. Environmental Clean-up:
a. Throughout the Term of this Lease, Permittee shall, at Permittee's cost
and expense, comply with any and all federal, state and local statutes,
laws, ordinances, codes, rules and regulations regulating the use,
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generation, storage, transportation, or disposal of Hazardous Substances
(Laws).
b. Permittee shall, at Permittee's cost and expense, make all submissions
to, provide all information required by, and comply with any and all
requirements of any and all governmental authorities (the Authorities)
under the Laws.
c. Should any Authority or any court of competent jurisdiction demand that
a cleanup plan be prepared and that a cleanup be undertaken because of
any deposit, spill, discharge, or other release of Hazardous Substances
that occurs during the term of this Lease, at, on, or from the Premises, or
which arises at any time as a result of Permittee's use(s) or
occupancy(ies) of the Premises, then Permittee shall, at Permittee's cost
and expense, prepare and submit the required plans and all related bonds
and other financial assurances and carry out all such cleanup plans in a
timely manner.
d. Permittee shall promptly provide all information regarding the use,
generation, storage, transportation, or disposal of Hazardous Substances
that is requested by City. If Permittee fails to fulfill any duty imposed under
this Article within a reasonable period of time following service of proper
notice, City may do so; and, in such case, Permittee shall cooperate with
City in order to prepare any and all documents City deems necessary or
appropriate to determine the applicability of the Laws to the Premises and
Permittee's occupancy(ies) and/or use(s) thereof, and for compliance
therewith, and Permittee shall execute any and all such documents
promptly upon City's request. No such action by City and no attempt made
by City to mitigate damages under any law shall constitute a waiver of any
of Permittee's obligations under this Article.
4. Permittee's Obligations/Liabilities Surviving Expiration of Lease.
Permittee's obligations and liabilities under this sub -section, shall survive the
expiration of the Term of this Lease.
5. Airport Held Harmless: Permittee agrees to protect and hold harmless City, the
Premises and any and all improvements located therein or thereon and any and
all facilities appurtenant thereto and any and all other property(ies) located
therein or thereon and any and all of City's interest(s) in and/or to said Premises,
improvements, appurtenant facilities, and/or other property(ies), from any and all
such taxes and assessments, including any and all interest, penalties and other
expenses which may be imposed thereby or result therefrom, and from any lien
therefor or sale or other proceedings to enforce payment thereof.
6. Permittee's Right to Appeal: Nothing within this Section of this Article shall be
deemed to limit any of Permittee's rights to appeal any such levies and/or
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assessments in accordance with the rules, regulations, laws, statutes, or
ordinances governing the appeal process of the taxing authority(ies) making such
levies and/or assessments.
7. Upon discovery, Permittee shall immediately give written notice to City of any
hazardous or potentially hazardous conditions that arise. Any hazardous or
potentially hazardous condition in the self-service general aviation fueling station
and tank shall be corrected immediately upon receipt of written notice from the
Director. At the direction of Director or designee, Permittee shall cease to
operate defective self-service general aviation fueling station and tank until such
hazardous or potentially hazardous condition is removed.
ARTICLE 5 - FEES, BOOKKEEPING, AND AUDIT
In consideration of the rights granted by City to Permittee pursuant to this Permit,
Permittee shall pay to City Percentage Fuel Flowage Fees as stated in the Master Fee
Schedule for the City of Fresno (MFS).
Section 5.1 Fees
A. Each month of the Term of this Permit, Permittee shall pay Fuel Flowage Fees
for all fuel pumped from the Assigned Area. Permittee shall also submit to City,
in a form and with detail satisfactory to City, a statement of gallons pumped
during the preceding month from its operations at the Assigned Area upon which
the monthly fee is computed.
B. Fuel Flowage Fees.
Amount of Fees: Subject to adjustment as provided herein, the Fuel Flowage
Fee(s) to be paid by Permittee shall be as stated in the MFS, which shall be
updated from time to time.
Section 5.2 Late Payment Charge
Should any installment of Concession Fees or other sums accruing to City under the
provisions of this Permit, not be paid as and when due, there shall be due a late
payment charge equal to the lesser of the maximum rate allowable by law or one and
one-half percent (1.5%) per month on the total amount overdue for each month
thereafter until such delinquent installment or other payment amount(s) shall be
received by City. It is expressly stipulated that the amount of the above said late
payment charge may, at any time and from time to time during the life of this Permit, be
changed by action of the Fresno City Council (Council) when, in said Council's opinion,
economic conditions and/or other relevant facts and/or circumstances may reasonable
warrant such action. Nothing herein contained shall be deemed, in any way
whatsoever, to relieve Permittee from payment of fees, and/or other sums at the time
and in the manner herein provided.
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Section 5.3 Maintenance of Booms and Records
Permittee shall prepare and keep for a period of not less than three (3) years following
the end of each month, during the Term hereof, full, complete and proper books,
records and accounts of transactions occurring in connection with Permittee's operation
at Airport and shall make these documents available for inspections and audits by City
or its designated representatives during such times provided that any such inspection
and audit shall be made by City during Permittee's regular business hours. Permittee
shall keep and maintain complete and adequate books and records of all its gross sales
and shall file and maintain all invoices and records in such a manner that provides easy
and accurate accountability by City of all gross sales generated by Permittee pursuant
to this Permit and in accordance with generally accepted accounting principles.
Section 5.4 Written Reports
Permittee shall submit to City, on or before the fifteenth (15th) day of each month during
the Term of this Permit (and the fifteenth (15th) day of the month following the expiration
or termination of this Permit), a written statement signed by Permittee and certified to be
true and correct, showing in reasonable detail the amount Permittee's Fuel Flowage
Fees during the preceding month.
Section 5.5 Final Report
Permittee shall submit to City by the ninetieth (90th) day following the expiration or
termination of this Permit, a final audited report of Permittee's Gross Receipts for the
Term of this Permit (including a breakdown of monthly gross sales), certified by
Permittee's chief financial officer to be a true and accurate reporting of all Fuel Flowage
Fees.
Section 5.6 Cash and Record Handlinq Requirements
Internal Controls. Permittee shall maintain an internal control structure designed to
provide reasonable assurance that assets are safeguarded from loss or unauthorized
uses, that transactions are executed in accordance with management's authority, and
that the financial records are reliable. The internal control structure shall be supported
by the selection, training and development of qualified personnel by an appropriate
segregation of duties, and by the dissemination of written policies and procedures.
Section 5.7 Property and Regulatory Taxes, Assessments and Fees
Permittee shall pay promptly when due all taxes, assessments, license and permit fees,
and any penalties thereon, imposed upon Permittee or City by any governmental
agency having the direct or indirect power to tax, assess or impose such and arising out
of, resulting from or relating to Permittee's operations at FCH including, without
limitation, the payment of all taxes and assessments on the improvements, alterations,
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machines, equipment, and other personal property of Permittee installed by Permittee at
Airport, whether assessed to Permittee or assessed to City with the real property. At all
times hereunder Permittee shall keep the Assigned Area from all liens, encumbrances,
and security interest.'
Permittee acknowledges and agrees that any interest in real property which exists as a
result of possession, exclusive use, or a right to possession or exclusive use of any real
property (land and/or improvements located therein or thereon) which is owned by the
City is a taxable possessory interest, unless the possessor of interest in such property is
exempt from taxation. With regard to any possessory interest to be acquired by
Permittee, Permittee, by its signature(s) hereunto affixed, warrants, stipulates, confirms,
acknowledges and agrees that, prior to its executing this Permit, Permittee either took a
copy hereof to the office of the Fresno County Tax Assessor or by some other
appropriate means, independent of City or any employee, agent or representative of
City determined, to Permittee's full and complete satisfaction, how much Permittee shall
be taxed, if at all.
Section 5.8 Place of Payment
All fees shall be paid to City at the address shown below or at such place or places at
which City may be in writing direct the payment thereof from time to time during the
Term hereof.
City of Fresno, Airports Division
Accounting Department
4995 E. Clinton Way
Fresno, CA 93727
ARTICLE 6 - STANDARDS OF SERVICE
Section 6.1 Purpose
Permittee shall use the Assigned Area only for the purpose of operating self-service
general aviation fueling station and tank as described in Exhibit "A" attached to this
Permit and incorporated herein.
Section 6.2 Standards of Operation
In its use of the Assigned Area, Permittee shall maintain the highest degree and
standards of service to meet the needs of the traveling public and will ensure courteous,
1 Any interest in real property which exists as a result of possession, exclusive use, or a right to possession or exclusive use of any
real property (land and/or improvements located therein or thereon) which is owned by the City of Fresno (City) is a taxable
possessory interest unless the possessor of interest in such property is exempt from taxation. With regard to any possessory
interest to be acquired by Concessionaire under this Permit, Concessionaire, by its signatures hereunto affixed, warrants, stipulates,
confirms, acknowledges and agrees that, prior to executing this Permit, Concessionaire either took a copy of this Permit to the office
of the Fresno County Tax Assessors or by some other appropriate means independent of City or any employee, agent, or
representative of City determined, to Concessionaire's full and complete satisfaction, how much Concessionaire will be taxed, if at
all.
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polite and inoffensive conduct and demeanor on the part of all employees. Permittee
shall at all times during the Term of this Permit strictly comply with the following
conditions and requirements;
A. Conduct and Appearance of Employees. Permittee shall control the conduct,
demeanor and appearance of each of its employees at FCH, and, upon objection
from City concerning the conduct, demeanor or appearance of any employee,
Permittee shall forthwith take all steps necessary to correct or to remove the
cause of the objection.
B. Clothing of Employees, Permittee shall require all employees to wear clean and
neat clothing.
C. Interference With Utilities or EmergencyEme[genpy Procedures. Permittee shall not do or
permit to be done anything which may interfere with the effectiveness or
accessibility of utility, heating, ventilating or air conditioning systems or portions
thereof, nor do or permit to be done anything which may interfere with free access
and passage or hinder police, fire fighting or other emergency personnel in the
discharge of their duties at Airport or the public areas or the streets and sidewalks
adjacent thereto.
D. Interference With Exits. Permittee shall not do or permit to be done anything
which may interfere with the effectiveness or accessibility to the leased premises
or elsewhere at Airport, including lines, pipes, wires, conduits and equipment
connected with or appurtenant thereto.
E. Equipment Maintenance. Permittee shall maintain any and all Permittee's
equipment, including but not limited to self-service general aviation fueling station
and tank, in a neat, clean, orderly and operable condition at all times during the
Term of this Permit.
Section 6.3 Compatible Use
Permittee hereby acknowledges that the principal use of FCH consists of the operation
of a public airport and that all other operations and businesses which are now or
hereafter permitted by City, including Permittee's use of the Assigned Area for the
activities authorized hereunder, must be at all times compatible with such principal use,
as City shall determine, in its sole discretion.
ARTICLE 7 - INDEMNIFICATION, EXEMPTION OF CITY, AND INSURANCE
Section 7.1 Indemnification
To the furthest extent allowed by law, Permittee shall indemnify, hold harmless
and defend City, and its officers, officials, employees, agents, and volunteers
(hereinafter referred to collectively as "City") from any and all loss, liability, fines,
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penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property damage,
including damage by fire or other casualty) incurred by City, Permittee or any other
person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or
indirectly out of Permittee's: (i) occupancy, maintenance and/or use of the Premises; (ii)
use of all or any part of the Airport, including use of any public airport facilities and
improvements, upon which the Premises is located; or (iii) performance of, or failure to
perform, this Permit. Permitee's obligations under the preceding sentence shall apply to
any negligence of CITY, but shall not apply to any loss, liability, fines, penalties,
forfeitures, costs or damages caused solely by the gross negligence, or by the willful
misconduct, of City.
If Permittee should contract any work on the Premises or subcontract any of its
obligations under this Permit, Permittee shall require each consultant, contractor and
subcontractor to enter into a side agreement, at the discretion of the City's Risk
Manager or designee, to indemnify, hold harmless and defend City, and its officers,
officials, employees, agents, and volunteers in accordance with the terms of the
preceding paragraph.
Permittee's occupancy, maintenance and use of the Premises shall be at
Permittee's sole risk and expense. Permittee accepts all risk relating to Permittee's: (i)
occupancy, maintenance and/or use of the Premises; (ii) use of all or any part of that
Premises, including use of any public facilities and improvements, upon which the
Premises is located; and (iii) the performance of, or failure to perform, this Permit. City
shall not be liable to Permittee or Permittee's insurer(s) for, and Permittee and its
insurer(s) hereby waives and releases City from, any and all loss, liability, fines,
penalties, forfeitures, costs or damages resulting from or attributable to an occurrence
on or about the Premises including any public facilities and improvements, upon which
the Premises is located, in any way related to the Permittee's operations and activities.
Permittee shall immediately notify City of any occurrence on the Premises including any
public facilities and improvements, upon which the Premises are located, resulting in
injury or death to any person or damage to property of any person.
This section shall survive termination or expiration of this Permit.
Section 7.2 Exemption Of City
City shall not be liable for, and is hereby released from, any and all liability to Permittee,
Permittee's insurance carrier(s), or to any person claiming under or through Permittee,
for any loss or damage to Permittee's business or any loss of income therefrom or for
damage to the goods, wares, merchandise, or other property located in, upon, or about
Airport under authority hereof, whether belonging to Permittee, or any employee, agent,
contractor, subcontractor of Permittee, or any other person whomsoever; nor shall City
be liable for any injury to the person of Permittee or Permittee's employees, agents,
contractors, subcontractors, customers, or invitees, whether or not such loss, damage,
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or injury is caused by or results from fire, steam, electricity, gas, water, or rain, or from
the leakage, breakage, obstruction, or other defects of pipes, sprinklers, wires,
appliances, plumbing, air conditioning, or lighting fixtures, or from any other cause,
whether or not such loss, damage or injury results from conditions arising in or on any
part or all of the Premises utilized by Permittee, or in or on any of the improvements and
facilities appurtenant thereto, or from other sources or places, and regardless of
whether or not the cause of such damage or injury or the means of repairing the same
is inaccessible to Permittee. Further, Permittee shall be solely responsible for the
safety and security of each and every area within the Premises utilized by Permittee
and the safety and security of all equipment, supplies, and commodities used or sold by
Permittee (City shall have no liability or responsibility whatsoever in this regard and
Permittee shall make no claim against City with respect to such matters). Permittee
also covenants and agrees that City shall not be liable for any damages arising from
any act or neglect on the part of any third parties.
Section 7.3 Insurance
(a) Throughout the life of this Permit, Permittee shall pay for and maintain in
full force and effect all insurance as required herein with an insurance company(ies)
either (i) admitted by the California Insurance Commissioner to do business in the State
of California and rated no less than "A-VII" in the Best's Insurance Rating Guide, or (ii)
as may be authorized in writing by City's Risk Manager or designee at any time and in
his/her sole discretion. The City of Fresno and each of its officers, officials, employees,
agents, and volunteers (hereinafter referred to collectively as "City") requires policies of
insurance as stated herein shall maintain limits of liability of not less than those amounts
stated therein. However, the insurance limits available to City, shall be the greater of
the minimum limits specified therein or the full limit of any insurance proceeds to the
named insured.
(b) If at any time during the life of the Permit or any extension, Permittee or
any of its subcontractors fail to maintain any required insurance in full force and effect,
all services and work under this Permit shall be discontinued immediately, and all
payments due or that become due to Permittee shall be withheld until notice is received
by City that the required insurance has been restored to full force and effect and that the
premiums therefore have been paid for a period satisfactory to City. Any failure to
maintain the required insurance shall be sufficient cause for City to terminate this
Permit. No action taken by City pursuant to this section shall in any way relieve
Permittee of its responsibilities under this Permit. The phrase "fail to maintain any
required insurance" shall include, without limitation, notification received by City that an
insurer has commenced proceedings, or has had proceedings commenced against it,
indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by Permittee shall not be deemed to
release or diminish the liability of Permittee, including, without limitation, liability under
the indemnity provisions of this Permit. The duty to indemnify City shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by Permittee. Approval or purchase of any insurance contracts or policies shall in no
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way relieve from liability nor limit the liability of Permittee, vendors, suppliers, invitees,
contractors, subcontractors, or anyone employed directly or indirectly by any of them.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01, providing liability coverage arising out of your
business operations. The Commercial General Liability policy shall be written on an
occurrence form and shall provide coverage for "bodily injury," "property damage" and
"personal and advertising injury" with coverage for premises and operations (including
the use of owned and non -owned equipment), products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Permit)
with limits of liability not less than those set forth under "Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01,
providing liability coverage arising out of the ownership, maintenance or use of
automobiles in the course of your business operations. The Automobile Policy shall be
written on an occurrence form and shall provide coverage for all owned, hired, and non -
owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal
automobile coverage is used, the City, its officers, officials, employees, agents, and
volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Pollution Liability for environmental liability coverage for operators and/or
Contractors Pollution Liability for any contractors for any pollution events. Coverage
should include coverage for Underground Storage Tanks.
Throughout the life of this Agreement, Lessee shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either
(i) admitted by the California Insurance Commissioner to do business in the State of
California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii)
authorized by City's Risk Manager or his/her designee. The following policies of
insurance are required:
(i) AVIATION/AIRPORT OR GENERAL LIABILITY insurance
which shall be at least as broad as Insurance Services Office (ISO) form
CG 00 01 and shall include coverage for "bodily injury", "property damage"
and "personal and advertising injury", including premises and operation,
hangarkeepers legal liability, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations
under this Lease), with limits of liability of not less than $2,000,000 per
occurrence for bodily injury and property damage, $2,000,000 per
occurrence for personal and advertising injury, $4,000,000 aggregate for
products and completed operations and $4,000,000 general aggregate.
Lessee may substitute Airport Liability insurance for this insurance
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provided the coverage is as broad as required and the limits of
liability are not less than required.
(ii) AIRCRAFT HULL AND LIABILITY insurance shall include
coverage for bodily injury to passengers and non -passengers, property
damage and cargo legal liability with combined single limits of liability of
not less than $1,000,000 per occurrence and aggregate for bodily injury,
property damage and cargo legal liability for fixed wing aircraft and
$1,000,000 per occurrence and aggregate for bodily injury, property
damage and cargo legal liability for rotorcraft.
(iii) COMMERCIAL AUTOMOBILE LIABILITY insurance which
shall be at least as broad as the most current version of Insurance Service
Office (ISO) Business Auto Coverage Form CA 00 01, and include
coverage for all owned, hired, and non -owned automobiles or other
licensed vehicles (Code 1 - Any Auto) with limits of liability of not less than
$1,000,000 per accident for bodily injury and property damage.
(iv) WORKERS' COMPENSATION insurance as required under
the California Labor Code.
(iv) EMPLOYERS' LIABILITY insurance with limits of liability of
not less than $1,000,000 each accident, $1,000,000 disease policy limit
and $1,000,000 disease each employee.
(v) PROPERTY INSURANCE against all risk of loss to any
tenant improvement or betterments, at full replacement cost with no
coinsurance penalty provision.
(vi) POLLUTION LEGAL LIABILITY with coverage for bodily injury,
property damage or pollution clean-up costs that could result from of
pollution condition, both sudden and gradual. Coverage is required to
include underground storage tanks, including a discharge of pollutants
brought to the work site, a release of pre-existing pollutants at the site, or
other pollution conditions with limits of liability of not less than the
following:
(i) $1,000,000 per occurrence or claim; and,
(ii) $2,000,000 general aggregate per annual policy period.
In the event this Agreement involves the transportation of
hazardous material, either the Commercial Automobile policy or other
appropriate insurance policy shall be endorsed to include Transportation
Pollution Liability insurance covering materials to be transported by
LESSEE pursuant to the Agreement.
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UMBRELLA OR EXCESS INSURANCE
In the event LESSEE purchases an Umbrella or Excess insurance policy(ies) to meet
the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and
afford no less coverage than the primary insurance policy(ies). In addition, such
Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-
contributory basis for the benefit of the CITY, its officers, officials, employees, agents
and volunteers.
A. Lessee shall be responsible for payment of any deductibles contained in any
insurance policies required hereunder and Lessee shall also be responsible for
payment of any self -insured retentions. Any deductibles or self -insured
retentions must be declared to, and approved by, the City's Risk Manager or
his/her designee. At the option of the City's Risk Manager or his/her designee,
either (i) the insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects City, its officers, officials, employees, agents and
volunteers; or (ii) Lessee shall provide a financial guarantee, satisfactory to City's
Risk Manager or his/her designee, guaranteeing payment of losses and related
investigations, claim administration and defense expenses. At no time shall City
be responsible for the payment of any deductibles or self -insured retentions.
B. All policies of insurance required hereunder shall be endorsed to provide that the
coverage shall not be cancelled, non -renewed, reduced in coverage or in limits
except after 30 calendar day written notice has been given to City. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, non -renewal,
or reduction in coverage or in limits, Lessee shall furnish City with a new
certificate and applicable endorsements for such policy(ies). In the event any
policy is due to expire during this Agreement, Lessee shall provide a new
certificate, and applicable endorsements, evidencing renewal of such policy not
less than 15 calendar days prior to the expiration date of the expiring policy.
C. The Airport Liability (or General Liability, if applicable), Aircraft Liability, Pollution
and Automobile Liability insurance policies shall be written on an occurrence
form and shall name City, its officers, officials, agents, employees and volunteers
as an additional insured. Such policy(ies) of insurance shall be endorsed so
Lessee's insurance shall be primary and no contribution shall be required of City.
The coverage shall contain no special limitations on the scope of protection
afforded to City, its officers, officials, employees, agents and volunteers. Any
Workers' Compensation insurance policy shall contain a waiver of subrogation as
to City, its officers, officials, agents, employees and volunteers.
D. Lessee shall furnish City with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable
endorsements are to be received and approved by the City's Risk Manager
or his/her designee prior to City's execution of the Agreement. Such
evidence of insurance shall be provided City at the following address:
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City of Fresno
Airports Department
4995 E. Clinton Way
Fresno, CA 93727
E. Upon request of City, Lessee shall immediately furnish City with a complete copy
of any insurance policy required under this Contract, including all endorsements,
with said copy certified by the underwriter to be a true and correct copy of the
original policy. This requirement shall survive expiration or termination of this
Agreement.
F. Any failure to maintain the required insurance shall be sufficient cause for City to
terminate this Lease. No action taken by City hereunder shall in any way relieve
Lessee of its responsibilities under this Lease.
G. The fact that insurance is obtained by Lessee shall not be deemed to release or
diminish the liability of Lessee, including, without limitation, liability under the
indemnity provisions of this Agreement. The duty to indemnify City and its
officers, officials, employees, agents and volunteers shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided
by Lessee. Approval or purchase of any insurance contracts or policies shall in
no way relieve from liability nor limit the liability of Lessee.
H. Lessee and its insurers hereby waive all rights of recovery against City and its
officers, officials, employees, agents and volunteers, on account of injury, loss by
or damage to the Lessee or its officers, officials, employees, agents, volunteers,
invitees, consultants, subconsultants, contractors and subcontractors, or its
property or the property of others under its care, custody and control. Lessee
shall give notice to its insurers that this waiver of subrogation is contained in this
Agreement. This requirement shall survive termination or expiration of this
Agreement.
SUBCONTRACTORS - If LESSEE subcontracts any or all of the services to be
performed under this Agreement, LESSEE shall require, at the discretion of the
CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side
Agreement with the City to provide required indemnification and insurance
protection. Any required Side Agreement(s) and associated insurance
documents for the subcontractor must be reviewed and preapproved by CITY
Risk Manager or designee. If no Side Agreement is required, LESSEE will be
solely responsible for ensuring that its subcontractors maintain insurance
coverage at levels no less than those required by applicable law and is
customary in the relevant industry.
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Any failure to maintain the required insurance, or to provide City with the required
Certificates of Insurance, shall constitute a material default and breach of this Permit by
Permittee.
The limits of insurance obtained by Permittee pursuant to any of the provisions of this
Section of this Article shall not, in any way whatsoever, be deemed to limit the liability of
Permittee hereunder.
If Permittee fails to obtain, pay for and maintain insurance as required under this
Section, then City may, at its option, respond to any and all claims, demands for
damages or suits arising out of Permittee's uses of Airport premises and/or Permittee's
operations/activities under authority of this Permit, without waiving any of City's rights
hereunder.
Permittee shall provide such additional insurance as may from time to time be
reasonably prescribed by City.
ARTICLE 8 - ASSIGNMENT
Section 8.1 City's Consent
Permittee shall not voluntarily or by operation of law, assign or transfer all or any part of
Permittee's rights under this Permit, without prior written consent of City, which consent
shall not be unreasonably withheld or delayed. Any attempted assignment or transfer
without such consent shall be wholly void. Without limiting the foregoing, for the
purposes of this Section, if Permittee is a corporation, any transfer or other event which
results in the reduction of the interest of the present stockholders of record to less than
a majority of the voting stock of Permittee, or if Permittee is a partnership, any transfer
of partnership interest (s) or other event which results in the reduction of the interest (s)
of the present partners to less than a majority of interest in the partnership, shall be
deemed an assignment for which City's consent is required.
Section 8.2 No Release of Permittee
No approved assignment or transfer by Permittee of its rights under this Permit shall
release Permittee or relieve Permittee of its obligations to pay the Fuel Flowage Fees or
any other consideration which Permittee is obligated to pay pursuant to this Permit or to
perform any of its other obligations hereunder except as agreed by the City in writing.
The acceptance by City of any payment from or performance by any other person shall
not be deemed to be a waiver by City of any provision of this Permit, or consent to any
assignment.
Section 8.3 Liability of Assignees
Each approved assignee or transferee of Permittee's rights under this Permit shall
assume and be deemed to have assumed Permittee's obligations hereunder and shall
be and remain liable jointly and severally with Permittee throughout the Term of this
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Permit for (a) the payment of the Fuel Flowage Fees and all other consideration with
Permittees is obligated to pay hereunder and (b) the full and timely performance of all of
the obligations required to be performed by Permittee hereunder.
Section 8.4 Sub -Uses of Assigned Area
Permittee shall not allow sub -uses of any portion of and/or all of the Assigned Area,
such is expressly prohibited.
ARTICLE 9 - LICENCES AND PERMITS
Permittee shall, at Permittee's cost and expense, obtain and maintain all licenses,
permits, certificates or other authorizations of any governmental authority having
jurisdiction including, but not limited to, the FAA, which may be necessary for the lawful
conduct of the activities authorized hereunder.
ARTICLE 10 - SUBORDINATE TO RIGHTS OF AND PERMITS WITH UNITED
STATES
This Permit shall be subordinate to the provisions and requirements of the existing or
future Permit between City and the United States relative to the development, operation
or maintenance of FCH. This Permit 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 or regulation of FCH, or the exclusive or non-
exclusive use of FCH, by the United States during the time of war or national
emergency.
ARTICLE 11 - FEDERAL AVIATION AGENCY RESTRICTIONS
It is understood and agreed that nothing herein contained shall be construed to grant or
authorize the granting of any exclusive right within the meaning of Section 308 (a) of the
Federal Aviation Act of 1958. Permittee shall use reasonable precautions to prevent
unauthorized persons from gaining access through the Assigned Area to restricted flight
and aircraft operational areas. Permittee shall comply with Part 107 of the Federal
Aviation Regulations and successor provisions set out at 49 C.F.R. Ch. XII, Subchapter
A, Section 1542.1 et seq., as they exist as of the commencement date of the term
hereof or may exist at any time during the life hereof, as they relate to Permittee's
operations at FCH.
ARTICLE 12 - DEFAULTS AND REMEDIES
Section 12.1 Defaults By Permittee
Any of the following shall constitute an event of Default under this Permit:
A. The filing of any petition, proceeding or action by, for or against Permittee under
any insolvency, bankruptcy or reorganization act or law, where such filing
continues undismissed for a period of thirty (30) days;
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B. An assignment by Permittee for the benefit of creditor, or the appointment of a
receiver, guardian, conservator, trustee, assignee or any similar person to take
charge of all or any part of Permittee's property, when such assignment or
appointment is not vacated within thirty (30) days;
C. Failure to pay any monthly Fuel Flowage Fee payments pursuant to this Permit,
when due and payable, when such failure to pay continues for a ten (10) day
after written notice thereof;
D. Failure to remedy any Default in the performance of any other obligations
required to be performed by Permittee pursuant to this Permit, within a period of
thirty (30) days after written notice of such default (or, in the event the default is
of such a nature as to reasonably require more than thirty (30) days to cure, if
Permittee shall fail to commence said cure within said time and thereafter
diligently prosecute the same to completion).
Section 12.2 Cites Remedies
A. Termination of Permit. Upon the occurrence of any event of Default, City, at its
option and election, and without further demand or notice, shall have the right to
declare this Permit ended and terminated by providing written notice thereof to
Permittee at any time after the expiration of any notice and cure periods provided
hereunder. No delay in providing such notice of termination shall be deemed a
waiver of City's right to terminate this Permit.
B. Possession of Permittee's Property_. In the event of Default, all furniture,
equipment, carts, machines and other personal property of Permittee shall
remain at the Assigned Area, and City shall have the right, but not the obligation,
to take exclusive possession of same and to use same, without cost to City, until
all defaults are cured or to require Permittee to remove same.
C. Performance of Covenants by City. In the event, Permittee Defaults hereunder
City may, but shall not be obligated to, immediately or at any time thereafter,
without further notice or demand and without waiver or releasing Permittee from
any obligation of a Permittee, make such payment or perform such other act for
the account of Permittee, to the extent City may deem desirable. In connection
therewith, City may pay expenses and employ counsel in instituting, prosecuting
or defending any action or proceeding under this Permit. All sums so paid by
City and all expenses incurred in connection therewith shall be deemed
additional consideration hereunder and shall be paid by Permittee to City upon
demand. In the event, such additional amounts remain unpaid, City shall have
the same rights and remedies as for the nonpayment of any Fuel Flowage Fee
payment or other consideration required to be paid by Permittee pursuant to this
Permit.
D. Cumulative Remedies. The various rights, option, elections, powers, and
remedies reserved to City herein shall be cumulative, and, except as otherwise
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provided by statute, City may pursue any or all such rights and remedies,
whether at the same time or otherwise, and no single right shall be deemed to be
exclusive of any of the others or of any right or priority allowed by law or in
equity. No delay or omission of City to exercise any right or remedy shall be
construed as a waiver of any such right or remedy or waiver of any default by
Permittee. In addition to the foregoing, City may exercise any other remedy now
or hereafter available under the laws of the State of California.
E. Subsequent Obligations. City shall be under no obligation to observe or perform
any covenant of this Permit on its part to be observed or performed for the
benefit of Permittee, which accrues after the date of any Default by Permittee.
Section 12.3 Default of City
City shall not be deemed to be in Default in the performance of any obligation required
to be performed by it hereunder unless and until it has failed to perform such obligation
within thirty (30) days after written notice by Permittee to City specifying wherein City
has failed to perform such obligation; provided, however, in the event that the nature of
City's obligation is such that more than thirty (30) days are required for its performance,
City shall not be deemed to be in Default if it shall commence such performance within
such thirty (30) day period and thereafter shall diligently prosecute the same to
completion.
Section 12.4 Permittee's Remedies
A. Termination of Permit. Upon the occurrence of any event of Default, Permittee,
at its option and election, and without further demand or notice, shall have the
right to declare this Permit ended and terminated by providing written notice
thereof to City at any time after the expiration of any notice and cure periods
provided hereunder. No delay in providing such notice of termination shall be
deemed a waiver of Permittee's right to terminate this Permit.
B. Cumulative Remedies. The various rights, option, elections, powers, and
remedies reserved to Permittee herein shall be cumulative, and, except as
otherwise provided by statute, City may pursue any or all such rights and
remedies, whether at the same time or otherwise, and no single right shall be
deemed to be exclusive of any of the others or of any right or priority allowed by
law or in equity. No delay or omission of Permittee to exercise any right or
remedy shall be construed as a waiver of any such right or remedy or waiver of
any Default by Permittee. In addition to the foregoing, Permittee may exercise
any other remedy now or hereafter available under the laws of the State of
California.
C. Subseguent Obligations. Permittee shall be under no obligation to observe or
perform any covenant of this Permit on its part to be observed or performed for
the benefit of City, which accrues after the date of any Default by City.
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ARTICLE 13 - REMOVAL OF PERMITTEE'S PROPERTY AT END OF TERM
Subject to the provisions of Section 3.6, upon the expiration or other termination of this
Permit, Permittee shall remove all credit card processing equipment and other personal
property from the Assigned Area and shall promptly repair any damages to the
Assigned Area caused by such removal. The self-service fuel tank shall remain the
property of City at all times. Permittee's obligation to perform this covenant shall survive
the expiration or other termination of this Permit.
ARTICLE 14 - TRANSFER OF CITY'S INTEREST
In the event of any transfer of City's interest in FCH, the transferor shall be
automatically relieved of any and all obligations and liabilities accruing from and after
the date of such transfer.
ARTICLE 15 - MISCELLANEOUS
Section 15.1 FAA Grant Permit Assurances
Those certain sixteen (16) numbered provisions set forth within Section "B",
"Assurances" of Exhibit "B", "Assurances Required by the Federal Aviation
Administration", attached hereto and made a part hereof, are specific provisions
required by the FAA to be appropriately included within all Permits (including, without
limitations, leases, licenses, permits, and contracts) between City and any and all
persons and/or entities who use or perform work or conduct activities on City -owned
airport premises for aeronautical or non -aeronautical purposes. Permittee, by its
signature (s) hereunto affixed, acknowledges that is has reviewed the aforesaid Exhibit,
in its entirety, and fully understands the meaning, purpose, and intent thereof.
Permittee expressly agrees that, throughout the Term hereof, it shall fully and faithfully
comply with, abide by and/or adhere to, as applicable and appropriate, each and every
one of the numbered provisions contained within Section "B", "Assurance", of said
Exhibit (as said numbered provisions are reflected therein or as same may be
amended, from time to time, during the Term hereof, by City, as and when the FAA's
requirements thereon imposed may so dictate), which, pursuant to the guidelines
established within paragraphs 2 through-4 of Section "A" of said Exhibit, shall either be
applicable to Permittee on the start date of the Term hereof or which, as a result of
changing facts and/or circumstances, shall subsequently become applicable to
Permittee, hereunder, during the Term hereof.
Section 15.2 Required Accessibility Disclosure
A Certified Access Specialist (CASp) can inspect the Assigned Area and determine
whether the Assigned Area comply with all of the applicable construction -related
accessibility standards under state law. Although state law does not require a CASp
inspection of the Assigned Area, the commercial property owner or City may not prohibit
the Permittee from obtaining a CASp inspection of the Assigned Area for the occupancy
or potential occupancy of the Permittee, if requested by the Permittee. The parties shall
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mutually agree on the arrangements for the time and manner of the CASp inspection,
the payment of the fee for the CASp inspection, and the cost of making any repairs
necessary to correct violations of construction -related accessibility standards within the
Assigned Area.
Section 15.3Incorporation of Prior Permit Amendments
This Permit contains the entire Permit between the parties hereto with respect to the
subject matter hereof, and no prior Permit or understanding shall be effective for any
purpose. No provision of this Permit may be amended or added to, except by a Permit
in writing signed by the parties hereto or their respective successors in interest.
Section 15.4No Representations by City
Permittee acknowledges that neither City nor any employee of City has made any
representations or promises with respect to the Assigned Area or the other areas of
FCH, except as herein expressly set forth. Permittee acknowledges that it has not
executed this Permit in reliance upon any representations or promises of City or any
employee of City with respect thereto, and that Permittee has made its own
independent examination thereof.
Section 15.5Examination of Permit
Submission of this Permit for examination or signature by Permittee does not constitute
a reservation of or option for a concession Permit, and this Permit is not effective as a
Permit or otherwise until execution and delivery by both City and Permittee.
Section 15.6Relationship Between Parties
Nothing contained in this Permit shall be construed to create the relationship of principal
and agent, partnership, joint venture or any other relationship between the parties
hereto, other than the relationship of City and independent contractor.
Section 15.7 Waivers
The waiver by either party of any provision of this Permit shall not be deemed to be a
waiver of any other provision hereof or of any subsequent breach of any other provision
hereof or of any subsequent breach of the same of any other provision. City's consent
to any act by Permittee requiring City's consent shall not be deemed to render
unnecessary the obtaining of City's consent to any subsequent act by Permittee,
whether or not similar to the act so consented. The subsequent acceptance by City of
any Concession Fee payment or other consideration required to be paid by Permittee
under this Permit shall not be deemed to be a waiver of any preceding breach by
Permittee of any provision of this Permit, other than the failure of Permittee to pay the
particular fee so accepted, regardless of City's knowledge of such preceding breach at
the time of acceptance of such payment.
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Section 15.8 Successors and Assigns
The provisions contained in this Permit shall bind and inure to the benefit of City and
Permittee and, except as otherwise provided in this Permit, their respective successors
and assigns.
Section 15.9 Rules and Regulations
Permittee shall comply with all uniform rules and regulations established by City for use
of the Assigned Area or the other areas of FCH as the same may be amended from
time to time by City. City shall not be responsible to Permittee for the nonperformance
by any tenant, permittee, invitee or other permittee of City of any of said rules and
regulations.
Section 15.10 Notices
All notices required to be served by City and Permittee; one upon the other, under the
terms of this Permit shall be in writing.
A. Permittee's Address for Notices. All notices or demands of any kind of which City
shall have cause to serve upon Permittee under the terms of this Permit shall be
served upon Permittee by mailing a copy thereof by certified or registered mail,
return receipt requested, to Permittee at the address shown below or to such
other address as Permittee may, from time to time, specify to City in writing.
Flight Level Aviation
Attn.: Justin Zaklan
524 W. Kearney Blvd.
Fresno, CA 93706
B. City's Address for Notices. All notices or demands of any kind which Permittee
shall have cause to serve upon City under the terms of this Permit shall be
served upon City by mailing a copy thereof by certified or registered mail,
return receipt requested, to City at the address shown below or to such other
address as City may, from time to time, specify to Permittee in writing.
City of Fresno — Airports Department
Attn: "Properties Manager"
4995 E. Clinton Way
Fresno, CA 93727
C. Time and Date of Service. In the event of any service of notice or demand by
mail, as aforesaid, such notice or demand shall be deemed to have been
sufficiently served as of 12:00:01 A.M., on the fourth (4th) calendar day following
the date of deposit in the United States mail of such certified or registered mail
properly addressed and postage prepaid.
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Section 15.11 Headings
The Section headings contained in this Permit are for convenience only and shall have
no effect in the construction or interpretation of any provision hereof.
Section 15.12 Governing Law
This Permit shall be construed, interpreted and applied pursuant to the laws of the State
of California, and exclusive venue in any and all actions arising under this Permit shall
be laid in the Judicial District of Fresno County, California.
Section 15.13 Time of Essence
Time is of the essence of this Permit.
Section 15.14 Attorney's Fees and Costs
In the event, of any action or proceeding to construe or enforce any provision of this
Permit, the prevailing party in such action or proceeding shall be entitled to recover its
costs, and reasonable attorneys' fees.
Section 15.15 Holding Over
In the event, Permittee shall remain in possession of the Assigned Area or any part
thereof following the end of the Term of this Permit, and thus hold -over the Term hereof
with or without the express written consent of City, such holding -over occupancy shall
be a tenancy from month -to -month only, terminable by either party hereto upon service
of a minimum of thirty (30) days advance written notice upon the other party. During
any holding -over month -to -month tenancy period, Permittee shall pay to City all fees
required by this Permit at the rates in effect as of the date immediately preceding the
date on which such month -to -month tenancy commences. Unless herein elsewhere
provided, any holding -over by Permittee shall be subject to all the terms and conditions
of this Permit.
Section 15.16 Redelivery
Upon the expiration of the Term of this Permit, or upon earlier termination as provided in
this Permit, Permittee shall have no further interest in the Assigned Area or the rights
granted herein, and Permittee shall deliver up the Assigned Area to City in as good
order and condition as when received, except for reasonable wear and tear.
Section 15.17 Disadvantaged Business Enterprise Plan (DBE1
City's DBE Plan: City has developed and maintains a "Disadvantaged Business
Enterprise Concession Plan" for Airport in accordance with U.S. Department of
Transportation regulations 49 CFR Part 23, Subpart F, and Part 26, which plan
establishes policies and procedures designed to promote City's interest in establishing
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Airport concession opportunities for Disadvantaged Business Enterprises and sets
lawful, realistic, and reasonable goals therefore.
Non -Discrimination by Permittee
(1) This Permit is subject to the requirements of the U.S. Department of
Transportation's regulations 49 CFR Part 23, Subpart F, and Part 26.
Permittee agrees that it will not discriminate against any business
owner because of the owner's race, color, national origin, or gender in
connection with the award or performance of any Permit covered by 49
CFR Part 23, Subpart F, and Part 26.
(2) Permittee agrees to include the above statements in any Permit
between Permittee and its subcontractors which is in any way related
to, subsequent to, or derived from this Permit; and to cause the other
parties to such Permit to similarly include the statements in further
Permits.
Definitions: The definitions set forth in 49 United States Code Section 2204(d) and in
49 Code of Federal Regulations, Subtitle A, Part 23 and Part 26, as such Code and
Regulations existed on the commencement date hereof or as they may be amended
from time to time during the Term hereof, are incorporated herein by reference.
Section 15.18 Signs and Displays
Permittee may place such signs and displays within the Assigned Area as are deemed
appropriate to the business, providing that all such signs and displays shall be in good
taste and be compatible with the decor of the Terminal Building, and further provided
that all such sign or display installations shall be approved in advance by Director. In
the event, of any complaint about any sign or display, Director shall have the authority
to decide whether such sign or display is acceptable, and to require that such sign or
display be removed, and Permittee agrees that Director's decision shall be binding,
subject to any available appeal pursuant to the provisions of Chapter 1, Article 4, of the
Fresno Municipal Code, or any other available recourse. Permittee agrees to abide by
Director's decision pending any such appeal.
Section 15.19 Interpretation of Provisions
Nothing herein contained shall be construed or interpreted, in any manner whatsoever,
as limiting, relinquishing or waiving any of the rights of ownership enjoyed by City in and
to FCH property, or in any manner waiving or limiting City's control over the operation,
maintenance, etc., of FCH property or in derogation of such governmental rights as City
possesses, except as is specifically set forth herein.
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Section 15.20 Invalid Provisions
In the event, any term, covenant, condition or provision of this Permit, or the application
thereof to any person, entity, or circumstance, shall to any extent be held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms,
covenants, conditions or provisions of this Permit, or the application thereof to any
person, entity, or circumstance, shall remain in full force and effect and shall in no way
be affected, impaired or invalidated, provided that such invalidity, voiding or
unenforceability of such covenant, condition or provision does not materially prejudice
either party in its respective rights and obligations contained in the then remaining valid
covenants, conditions or provisions of this Permit.
Section 15.21 Precedence of Documents
In the event, of any conflict between the body of this Permit and any exhibit or
attachment hereto, the terms and conditions of the body of this Permit shall control and
take precedence over the terms and conditions expressed within the exhibit or
attachment. Furthermore, any terms or conditions contained within any exhibit or
attachment hereto which purport to modify the allocation of risk between the parties,
provided for within the body of this Permit, shall be null and void.
Section 15.22 Provision of Keys to City
Permittee shall ensure that City is in possession of a functional key for each cart
management unit installed at FCH at all times. Such key shall be used by the City and
in the City's discretion to unlock a malfunctioning unit and manually release a cart in the
event it does not release a cart automatically after payment of the rental fee, and
Permittee's on -Airport employee is not available to immediately respond.
Section 15.23 Counterparts
This Permit may be executed in any number of counterparts and any party may execute
any counterpart, each of which when executed and delivered will be deemed to be an
original and all of which counterparts taken together will be deemed to be but one and
the same instrument. The execution of this Permit by any party hereto will not become
effective until counterparts hereof have been executed by all parties hereto.
[Signatures on following page]
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ARTICLE IX — SIGNATURES
IN WITNESS WHEREOF, City has caused this Lease to be executed and issued by its
Director of Aviation, and Lessee, by the signature(s) of its duly authorized officer(s)
hereunto below affixed, has accepted this Lease and acknowledged and/or agreed to all
of the terms, covenants, conditions, warranties, Permits, and provisions herein
contained, as of the day and year first above written.
CITY OF FRESNO
A M "gjl1WndQQrporation
By: (�tbiMpSbbt, 7/11/2022
Henry Thompson, A.A.E., IAP,
Director of Aviation
APPROVED AS TO FORM:
RINA GONZALES,
Inte' �Aorney
By. Vm,
711112022 �06
Brandon M. Collet Date
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
By.
Deputy
Address for Notice:
City of Fresno
Airports Department
4995 E. Clinton Way
Fresno, CA 93727
Attachments —
Exhibit A — Premises Map and Location
Exhibit B — FAA Grant Assurances
Exhibit C — Monthly Fuel Flowage Report
Exhibit D — FCH Minimum Standards
Exhibit E — Conflict of Interest
FLIGHT LEVEL AVIATION, LLC.
A C. rajgj pited Liability Company
By:
�llti, -�&LAQA, 7/11/2022
Name: s an
Title: President and CEO
(If corporation or LLC., must be
CEO/President of BoardNice President of
Board)
By:
Name:
Title:
(If corporation or LLC., must be
CFO/Treasurer/Secretary
Address for Notice:
Flight Level Aviation
Attn.: Justin Zaklan
524 W. Kearney Blvd.
Fresno, CA 93706
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ASSURANCES
AIRPORT SPONSORS
A. General.
These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public -use
airport; the term "private sponsor" means a private owner of a public -use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and
become part of this Grant Agreement.
B. Duration and Applicability.
Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency
Sponsor.
The terms, conditions and assurances of this Grant Agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for an
airport development or noise compatibility program project, or throughout the useful life of
the project items installed within a facility under a noise compatibility program project, but in
any event not to exceed twenty (20) years from the date of acceptance of a grant offer of
Federal funds for the project. However, there shall be no limit on the duration of the
assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an
airport. There shall be no limit on the duration of the terms, conditions, and assurances with
respect to real property acquired with federal funds. Furthermore, the duration of the Civil
Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the useful life of
project items installed within a facility or the useful life of the facilities developed or equipment
acquired under an airport development or noise compatibility program project shall be no less
than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25,
30, 32, 33, 34, and 37 in Section C apply to planning projects. The terms, conditions, and
Airport Sponsor Assurances 5/2022 Page 1 of 19
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assurances of this Grant Agreement shall remain in full force and effect during the life of the
project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and
Airport Revenue so long as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and
requirements as they relate to the application, acceptance, and use of Federal funds for this Grant
including but not limited to the following:
FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
b. Davis -Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.'
c. Federal Fair Labor Standards Act — 29 U.S.C. § 201, et seq.
d. Hatch Act — 5 U.S.C. § 1501, et seq.Z
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.
§ 4601, et seq.' z
f. National Historic Preservation Act of 1966 — Section 106 — 54 U.S.C. § 306108.'
g. Archeological and Historic Preservation Act of 1974 — 54 U.S.C. § 312501, et seq.'
h. Native Americans Grave Repatriation Act — 25 U.S.C. § 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended — 42 U.S.C. § 7401, et seq.
j. Coastal Zone Management Act, P.L. 92-583, as amended —16 U.S.C. § 1451, et seq.
k. Flood Disaster Protection Act of 1973 — Section 102(a) - 42 U.S.C. § 4012a.'
I. 49 U.S.C. § 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 — 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 — 42 U.S.C. § 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968, as amended — 42 U.S.C. § 4151, et seq.'
s. Powerplant and Industrial Fuel Use Act of 1978 — Section 403 — 42 U.S.C. § 8373.'
t. Contract Work Hours and Safety Standards Act — 40 U.S.C. § 3701, et seq.'
u. Copeland Anti -kickback Act —18 U.S.C. § 874.'
Airport Sponsor Assurances 5/2022 Page 2 of 19
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v. National Environmental Policy Act of 1969 — 42 U.S.C. § 4321, et seq.'
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended —16 U.S.C. § 1271, et seq.
x. Single Audit Act of 1984— 31 U.S.C. § 7501, et seq.Z
y. Drug -Free Workplace Act of 1988 — 41 U.S.C. §§ 8101 through 8105.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as
amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
bb. Build America, Buy America Act, P.L. 117-58, Title IX.
EXECUTIVE ORDERS
a. Executive Order 11246 — Equal Employment Opportunity'
b. Executive Order 11990 — Protection of Wetlands
c. Executive Order 11998 — Flood Plain Management
d. Executive Order 12372 — Intergovernmental Review of Federal Programs
e. Executive Order 12699 — Seismic Safety of Federal and Federally Assisted New Building
Construction'
f. Executive Order 12898 — Environmental Justice
g. Executive Order 13166 — Improving Access to Services for Persons with Limited English
Proficiency
h. Executive Order 13985 — Executive Order on Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government
i. Executive Order 13988 — Preventing and Combating Discrimination on the Basis of Gender Identity
or Sexual Orientation
j. Executive Order 14005 — Ensuring the Future is Made in all of America by All of America's
Workers
k. Executive Order 14008 —Tackling the Climate Crisis at Home and Abroad
FEDERAL REGULATIONS
a. 2 CFR Part 180 — OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200— Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. 4,5
c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment.
d. 14 CFR Part 13 — Investigative and Enforcement Procedures.
e. 14 CFR Part 16 — Rules of Practice for Federally -Assisted Airport Enforcement Proceedings.
f. 14 CFR Part 150—Airport Noise Compatibility Planning.
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28 CFR Part 3S — Nondiscrimination on the Basis of Disability in State and Local Government
Services.
h. 28 CFR § 50.3 —U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
i. 29 CFR Part 1— Procedures for Predetermination of Wage Rates.'
29 CFR Part 3 — Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States.'
k. 29 CFR Part S —Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act).'
I. 41 CFR Part 60— Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally -assisted contracting requirements).'
m. 49 CFR Part 20— New Restrictions on Lobbying.
n. 49 CFR Part 21— Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964.
o. 49 CFR Part 23 — Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally -Assisted Programs.'. 2
q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
r. 49 CFR Part 27 — Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance.'
s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department of Transportation.
t. 49 CFR Part 30 — Denial of Public Works Contracts to Suppliers of Goods and Services of
Countries That Deny Procurement Market Access to U.S. Contractors.
u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial
Assistance).
v. 49 CFR Part 37 —Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 38 — Americans with Disabilities Act (ADA) Accessibility Specifications for
Transportation Vehicles.
x. 49 CFR Part 41— Seismic Safety.
FOOTNOTES TO ASSURANCE (C)(1)
These laws do not apply to airport planning sponsors.
These laws do not apply to private sponsors.
2 CFR Part 200 contains requirements for State and Local Governments receiving Federal
assistance. Any requirement levied upon State and Local Governments by this regulation shall
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apply where applicable to private sponsors receiving Federal assistance under Title 49, United
States Code.
Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or
circulars are incorporated by reference in this Grant Agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed project;
that a resolution, motion or similar action has been duly adopted or passed as an official act of
the applicant's governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed project
and comply with all terms, conditions, and assurances of this Grant Agreement. It shall
designate an official representative and shall in writing direct and authorize that person to file
this application, including all understandings and assurances contained therein; to act in
connection with this application; and to provide such additional information as may be
required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the
United States. It has sufficient funds available to assure operation and maintenance of items funded
under this Grant Agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to
the landing area of the airport or site thereof, or will give assurance satisfactory to the
Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion of the property upon which Federal
funds will be expended or will give assurance to the Secretary that good title will be obtained.
S. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in this Grant
Agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere
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with such performance by the sponsor. This shall be done in a manner acceptable to the
Secretary.
Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease,
encumber, or otherwise transfer or dispose of any part of its title or other interests in the
property shown on Exhibit A to this application or, for a noise compatibility program project,
that portion of the property upon which Federal funds have been expended, for the duration of
the terms, conditions, and assurances in this Grant Agreement without approval by the
Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States
Code, to assume the obligations of this Grant Agreement and to have the power, authority, and
financial resources to carry out all such obligations, the sponsor shall insert in the contract or
document transferring or disposing of the sponsor's interest, and make binding upon the
transferee all of the terms, conditions, and assurances contained in this Grant Agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor, it
will enter into an agreement with that government. Except as otherwise specified by the
Secretary, that agreement shall obligate that government to the same terms, conditions, and
assurances that would be applicable to it if it applied directly to the FAA for a grant to
undertake the noise compatibility program project. That agreement and changes thereto must
be satisfactory to the Secretary. It will take steps to enforce this agreement against the local
government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will
enter into an agreement with the owner of that property which includes provisions specified by
the Secretary. It will take steps to enforce this agreement against the property owner
whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that
the airport will continue to function as a public -use airport in accordance with these assurances
for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to ensure that the airport will be operated and maintained in
accordance with Title 49, United States Code, the regulations and the terms, conditions and
assurances in this Grant Agreement and shall ensure that such arrangement also requires
compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that
results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any location on airport. Sponsors
of general aviation airports entering into any arrangement that results in permission for the
owner of residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the State in which the project is located to
plan for the development of the area surrounding the airport.
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7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be
located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which
project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway extension, it
has afforded the opportunity for public hearings for the purpose of considering the economic,
social, and environmental effects of the airport or runway location and its consistency with goals
and objectives of such planning as has been carried out by the community and it shall, when
requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the
communities where the project is located or has advised the communities that they have the right
to petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a
medium or large hub airport, the sponsor has made available to and has provided upon request to
the metropolitan planning organization in the area in which the airport is located, if any, a copy of
the proposed amendment to the airport layout plan to depict the project and a copy of any airport
master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance -Management.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it has implemented an effective airport
pavement maintenance -management program and it assures that it will use such program for the
useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance
at the airport. It will provide such reports on pavement condition and pavement management
programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it
has, on the date of submittal of the project grant application, all the safety equipment required for
certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule
or regulation, and has provided for access to the passenger enplaning and deplaning area of such
airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
It shall keep all project accounts and records which fully disclose the amount and disposition by
the recipient of the proceeds of this Grant, the total cost of the project in connection with
which this Grant is given or used, and the amount or nature of that portion of the cost of the
project supplied by other sources, and such other financial records pertinent to the project. The
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accounts and records shall be kept in accordance with an accounting system that will facilitate
an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or
any of their duly authorized representatives, for the purpose of audit and examination, any
books, documents, papers, and records of the recipient that are pertinent to this Grant. The
Secretary may require that an appropriate audit be conducted by a recipient. In any case in
which an independent audit is made of the accounts of a sponsor relating to the disposition of
the proceeds of a grant or relating to the project in connection with which this Grant was given
or used, it shall file a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year for which the audit was
made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant
Agreement which involve labor, provisions establishing minimum rates of wages, to be
predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public
Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such
minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for
the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this Grant Agreement which
involve labor, such provisions as are necessary to insure that, in the employment of labor (except in
executive, administrative, and supervisory positions), preference shall be given to Vietnam era
veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112.
However, this preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this Grant
Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to
approval of the Secretary, and incorporated into this Grant Agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the
project to assure that the work conforms to the plans, specifications, and schedules approved by
the Secretary for the project. It shall subject the construction work on any project contained in an
approved project application to inspection and approval by the Secretary and such work shall be in
accordance with regulations and procedures prescribed by the Secretary. Such regulations and
procedures shall require such cost and progress reporting by the sponsor or sponsors of such
project as the Secretary shall deem necessary.
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18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the
project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning
project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a
notice that the material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material
prepared with funds under this project shall be subject to copyright in the United States or any
other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise
use any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific
consultants and their subcontractors to do all or any part of this project as well as the right to
disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all
or any part of the project.
It understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply
any assurance or commitment on the part of the Secretary to approve any pending or future
application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,
other than facilities owned or controlled by the United States, shall be operated at all times in a
safe and serviceable condition and in accordance with the minimum standards as may be
required or prescribed by applicable Federal, state, and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere with
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non -aeronautical purposes must first be approved by the
Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing
contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood, or other climatic conditions
interfere with such operation and maintenance. Further, nothing herein shall be construed
as requiring the maintenance, repair, restoration, or replacement of any structure or
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facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes) will
be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it will not cause or permit
any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the
airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to:
1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed -based operators making the same or
similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based
operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air
carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules,
regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly
and substantially related to providing air transportation as are applicable to all such air carriers
which make similar use of such airport and utilize similar facilities, subject to reasonable
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classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport
provided an air carrier assumes obligations substantially similar to those already imposed on air
carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or
corporation operating aircraft on the airport from performing any services on its own aircraft
with its own employees (including, but not limited to maintenance, repair, and fueling) that it
may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this
assurance, the services involved will be provided on the same conditions as would apply to the
furnishing of such services by commercial aeronautical service providers authorized by the
sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be
met by all users of the airport as may be necessary for the safe and efficient operation of the
airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport
if such action is necessary for the safe operation of the airport or necessary to serve the civil
aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services to the public. For purposes of this paragraph, the providing of the
services at an airport by a single fixed -based operator shall not be construed as an exclusive right if
both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based
operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed -based
operator and such airport. It further agrees that it will not, either directly or indirectly, grant or
permit any person, firm, or corporation, the exclusive right at the airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental
and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport, taking into account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise compatibility project for
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which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act
of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be
included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
All revenues generated by the airport and any local taxes on aviation fuel established after
December 30, 1987, will be expended by it for the capital or operating costs of the airport; the
local airport system; or other local facilities which are owned or operated by the owner or
operator of the airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the
owner or operator of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the airport, to
support not only the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all revenues generated by
the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
2. If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor's acquisition of land, this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
the sale. This is conditioned on repayment to the Secretary by the private owner of an
amount equal to the remaining unamortized portion (amortized over a 20-year period) of
any airport improvement grant made to the private owner for any purpose other than land
acquisition on or after October 1, 1996, plus an amount equal to the federal share of the
current fair market value of any land acquired with an airport improvement grant made to
that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA
determines the airport sponsor meets the requirements set forth in Section 813 of Public
Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct
that the audit will review, and the resulting audit report will provide an opinion concerning, the
use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or
transferred to the owner or operator are paid or transferred in a manner consistent with Title
49, United States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of 49 U.S.C. § 47107.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary
may reasonably request and make such reports available to the public; make available to the
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public at reasonable times and places a report of the airport budget in a format prescribed by
the Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations and
other instruments, available for inspection by any duly authorized agent of the Secretary upon
reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of this Grant Agreement
including deeds, leases, agreements, regulations, and other instruments, available for
inspection by any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available
to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
2. all services and property provided by the airport to other units of government and the
amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance
and all those usable for landing and takeoff of aircraft to the United States for use by Government
aircraft in common with other aircraft at all times without charge, except, if the use by Government
aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the
cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,
or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to exist when operations of such aircraft are in excess of
those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas
by other authorized aircraft, or during any calendar month that:
Five (5) or more Government aircraft are regularly based at the airport or on land adjacent
thereto; or
b. The total number of movements (counting each landing as a movement) of Government
aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the
airport (the total movement of Government aircraft multiplied by gross weights of such
aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic
control or air navigation activities, or weather -reporting and communication activities related to air
traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or
desirable for construction, operation, and maintenance at Federal expense of space or facilities for
such purposes. Such areas or any portion thereof will be made available as provided herein within
four months after receipt of a written request from the Secretary.
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29. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up
to date at all times an airport layout plan of the airport showing:
1. boundaries of the airport and all proposed additions thereto, together with the boundaries
of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such
as runways, taxiways, aprons, terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non -aviation areas and of all existing
improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport's property
boundary.
Such airport layout plans and each amendment, revision, or modification thereof, shall be
subject to the approval of the Secretary which approval shall be evidenced by the signature of
a duly authorized representative of the Secretary on the face of the airport layout plan. The
sponsor will not make or permit any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by the Secretary and
which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of
the airport.
b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or
alteration in the airport or the facilities is made which the Secretary determines adversely
affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or
off the airport and which is not in conformity with the airport layout plan as approved by the
Secretary, the owner or operator will, if requested, by the Secretary:
1. eliminate such adverse effect in a manner approved by the Secretary; or
2. bear all costs of relocating such property (or replacement thereof) to a site acceptable to
the Secretary and all costs of restoring such property (or replacement thereof) to the level
of safety, utility, efficiency, and cost of operation existing before the unapproved change in
the airport or its facilities except in the case of a relocation or replacement of an existing
airport facility due to a change in the Secretary's design standards beyond the control of
the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on
the grounds of race, color, and national origin (including limited English proficiency) in accordance
with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to
2000d-4); creed and sex (including sexual orientation and gender identity) per 49 U.S.C. § 47123
and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or
disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any
program and activity conducted with, or benefiting from, funds received from this Grant.
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a. Using the definitions of activity, facility, and program as found and defined in 49 CFR
§§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or
conduct all programs in compliance with all non-discrimination requirements imposed by or
pursuant to these assurances.
b. Applicability
Programs and Activities. If the sponsor has received a grant (or other federal assistance)
for any of the sponsor's program or activities, these requirements extend to all of the
sponsor's programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct,
expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance
extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grantor other Federal financial assistance in
the form of, or for the acquisition of real property or an interest in real property, the
assurance will extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the program, except where the Federal financial assistance is
to provide, or is in the form of, personal property, or real property, or interest therein, or
structures or improvements thereon, in which case the assurance obligates the sponsor, or any
transferee for the longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose involving the provision
of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language. It will include the following notification in all solicitations for
bids, Requests For Proposals for work, or material under this Grant Agreement and in all
proposals for agreements, including airport concessions, regardless of funding source:
"The ([Selection Criteria: Sponsor Name]), in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations,
hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract
entered into pursuant to this advertisement, [select businesses, or disadvantaged business
enterprises or airport concession disadvantaged business enterprises] will be afforded full and
fair opportunity to submit bids in response to this invitation and no businesses will be
discriminated against on the grounds of race, color, national origin (including limited English
proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in
consideration for an award."
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and
regulations relative to non-discrimination in Federally -assisted programs of the
Department of Transportation (DOT), and incorporating the acts and regulations into the
contracts by reference in every contract or agreement subject to the non-discrimination in
Federally -assisted programs of the DOT acts and regulations.
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2. It will include a list of the pertinent non-discrimination authorities in every contract that is
subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of
race, color, national origin (including limited English proficiency), creed, sex (including
sexual orientation and gender identity), age, or disability as a covenant running with the
land, in any future deeds, leases, license, permits, or similar instruments entered into by
the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees,
contractors, subcontractors, consultants, transferees, successors in interest, and other
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts, the regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
For land purchased under a grant for airport noise compatibility purposes, including land
serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of
such disposition which is proportionate to the United States' share of acquisition of such land
will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2)
transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give
preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C.
§ 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair market value
and consistent with noise buffering purposes, the lease will not be considered a disposal of the
land. Revenues derived from such a lease may be used for an approved airport development
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project that would otherwise be eligible for grant funding or any permitted use of airport
revenue.
b. For land purchased under a grant for airport development purposes (other than noise
compatibility), it will, when the land is no longer needed for airport purposes, dispose of such
land at fair market value or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land. That portion of the proceeds of
such disposition which is proportionate to the United States' share of the cost of acquisition of
such land will, upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C.
§ 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be
needed for aeronautical purposes (including runway protection zones) or serve as noise buffer
land, and (2) the revenue from interim uses of such land contributes to the financial self-
sufficiency of the airport. Further, land purchased with a grant received by an airport operator
or owner before December 31, 1987, will be considered to be needed for airport purposes if
the Secretary or Federal agency making such grant before December 31, 1987, was notified by
the operator or owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later than
December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of
any interest or right therein necessary to ensure that such land will only be used for purposes
which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title
49 U.S.C., it will award each contract, or sub -contract for program management, construction
management, planning studies, feasibility studies, architectural services, preliminary engineering,
design, engineering, surveying, mapping or related services in the same manner as a contract for
architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an
equivalent qualifications -based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses any
product or service of a foreign country during the period in which such foreign country is listed by
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the United States Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance
with policies, standards, and specifications approved by the Secretary including, but not limited to,
current FAA Advisory Circulars (https://www.faa.gov/`airports/aip/media/aip-pfc-checklist.pd ) for
AIP projects as of [Selection Criteria: Project Application Date].
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law,
by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B.
b. It will provide a relocation assistance program offering the services described in Subpart C of 49
CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as
required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or
other modes of transportation to have access to the airport; however, it has no obligation to fund
special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award
and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and
performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor
shall not discriminate on the basis of race, color, national origin or sex in the administration of its
Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business
Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take
all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's
DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are
incorporated by reference in this agreement. Implementation of these programs is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31
U.S.C. §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or
operator will grant to the aircraft owner for the hangar a long term lease that is subject to such
terms and conditions on the hangar as the airport owner or operator may impose.
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39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C.
§ 47102) has been unable to accommodate one or more requests by an air carrier for access to
gates or other facilities at that airport in order to allow the air carrier to provide service to the
airport or to expand service at the airport, the airport owner or operator shall transmit a report
to the Secretary that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and
3. Provides a time frame within which, if any, the airport will be able to accommodate the
requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been
unable to accommodate the request(s) in the six month period prior to the applicable due date.
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EXHIBIT "C"
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CITY OF FRESNO, CALIFORNIA -
DEPARTMENT OF AIRPORTS
MINIMUM STANDARDS FOR
FRESNO CHANDLER EXECUTIVE AIRPORT
SECTION 1. PURPOSES OF MINIMUM STANDARDS AND APPLICABILITY
The City of Fresno, California recognizes the prohibition imposed by Section 308 of the
Federal Aviation Act against granting an exclusive right to conduct any aeronautical
activity at a Public Airport, and recognizes the City has agreed to the same prohibition in
its acceptance of airport improvement grants from the Federal Aviation Administration.
Moreover, the City wishes that there be healthy competition at the Fresno Chandler
Executive Airport, conducted on a level playing field, and wishes that a broad array of
high -quality products and services be available at the Airport. The City is publishing
these Minimum Standards so that any Entity interested in engaging in any Revenue
Generating Aviation Activity at the Airport may know the principles that apply and the
requirements that must be met and maintained. Note, however, that it is not the
intention of the City to create any private right of action to enforce these Minimum
Standards.
These Minimum Standards do not apply to Entities previously authorized to offer or
conduct specific Revenue Generating Aviation Activities at, on or from the Airport. The
standards each such previously authorized Entity has been meeting shall comprise that
Entity's minimum standards and must be maintained by that Entity. However, should
any previously authorized Entity be granted authority to engage in additional Revenue
Generating Aviation Activities, then, as a condition of such additional authorization,
these Minimum Standards shall apply to each and every Business authorized, including
the Revenue Generating Aviation Activities previously authorized. Further, these
Minimum Standards shall apply to each and every authorized Business, upon any
renewal or extension of a previously authorized Entity's Agreement or Lease.
SECTION 2. DEFINITIONS
The following terms shall have the meanings indicated:
Agreement or Lease — a written, enforceable contract, regardless of its duration or
term, between the City and an Entity, which authorizes that Entity to engage in some
Revenue Generating Aviation Activity at the Airport and/or which may cover that entity's
use or occupy of space at the Airport.
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Aircraft — are aeronautical vehicles or devices including, but not limited to, powered
fixed wing airplanes, rotorcraft, dirigibles and blimps, and non -powered gliders,
rotorcraft and balloons.
Aircraft Operation — is any arrival or departure of an Aircraft at the Airport or any
Aircraft movement on the AOA. .
Aircraft Operations Area or AOA — all the runways, taxiways, helipads, Ramps, hold
areas and any other area used or intended to be used for the take off or landing or
surface maneuvering of Aircraft, or any areas within the perimeter fence and adjacent to
surface maneuvering areas.
Airline — an Entity operating Aircraft pursuant to Part 121 or Part 135 of the FARs.
Airport — the Fresno Chandler Executive Airport unless the context indicates Fresno
Yosemite International Airport (FYI) as well.
Airport Layout Plan or ALP — a plan view of an airport, drawn to scale and showing all
that airport's aeronautical and other Improvements and projected future Improvements —
as amended from time -to -time, and as approved by the FAA.
Airport Master Plan or Master Plan — a comprehensive document that considers an
airport's history, regional demographic changes, and other relevant factors and trends;
then projects traffic and use for the future, then examines the probable noise,
environmental and other impacts of same; and, finally, programs an orderly and
balanced plan of Airport development to accommodate anticipated demand while
minimizing adverse impacts. The major airport land use allocations are illustrated in a
complementary ALP.
Airworthy — an Aircraft that is compliant with the FARs and safe to fly.
Business - a Revenue Generating Aviation Activity
City - The City of Fresno, California, a municipal corporation.
Core FBO Services - see FBO below
Department of Airports or Department - The City's Department of Airports.
Derelict Aircraft — an Aircraft: that has not been Airworthy for six months or more and:
(1) is not in the process of being made Airworthy; or (2) is not in the process of
rehabilitation for public display; or (3) has not been specially prepared, treated and
preserved for future rehabilitation. An Aircraft will be presumed a Derelict Aircraft if it
has not been Airworthy for six months or more and is obviously deteriorating (tires flat
and/or drying out or cracking; or rubber drying out and losing resiliency; or paint
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oxidizing, crazing and/or flaking off; or Plexiglas discoloring, cracking or crazing; or
metal corroding or rusting; or fabric fraying; etc.).
Director of Aviation or Director - the individual filling the position of the City's Director
of Aviation, or an individual authorized to represent him/her.
Entity - an individual or a firm, corporation, partnership, joint venture or other legal
person.
Equipment — all tools, tooling and machinery, together with the supplies and apparatus
necessary to properly conduct the Revenue -Generating Aviation Activity authorized.
FAA — the Federal Aviation Administration.
FAR or FARs — the then current Federal Air Regulations.
FCH - Fresno Chandler Executive Airport
FCH Environs Specific Plan or FCH Specific Plan - a comprehensive airport planning
document that considers the development policies and standards of the City of Fresno
General Plan and the Edison Community Plan, including related environmental impact
analyses as required by the California Environmental Quality Act or CEQA.
Fixed Base Operator or FBO — is an Entity authorized and required to offer, at a
minimum, to the operators of based and transient/itinerant personal or business Aircraft
up to 12,500# gross weight: (1) retail sales and delivery into -plane of Aircraft fuels,
lubricants and additives; (2) overnight tie -down and hangarage; (3) minor Aircraft
maintenance, servicing and repair; (4) tire "airing" and battery "boosts"; (5) pilot and
passenger waiting lounge with restrooms and public phones and direct -access to the
most current aviation weather information; (6) air -to -ground radio communications; (7)
removal of disabled Aircraft from the AOA (these activities 1-7 are, collectively, the
"Core FBO Services"). FBOs may be authorized to engage in Revenue -Generating
Aviation Activities in addition to, but in not in substitution of, the Core FBO Services. An
FBO may enter a Subcontract with a third party to provide Core FBO Service no. 3, light
Aircraft and powerplant servicing, maintenance and repair, and/or additional, non -Core
FBO Services, provided such Subcontractor holds or enters a complementary
Agreement with the City.
Note: Only FBOs will be authorized to offer retail sales and/or
delivery into -plane of Aircraft fuels. City also retains its right to offer
retail sales and/or delivery into -plane of Aircraft fuels.
FYI - Fresno Yosemite International Airport
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Improvements — all buildings, structures, and facilities including, but not limited to,
pavement, fencing, signs and landscaping constructed, installed or placed on, under or
above any leased area by, or with the concurrence of, a Lessee of Airport property.
Leased Premises or Premises — real estate at the Airport covered by an Agreement or
Lease.
Lessee or Operator or Tenant — an Entity that has entered an Agreement or Lease
with the Department.
Lessor or Landlord — the Department
Mobile Service Provider or MSP - an Entity that conducts one or more authorized
Revenue Generating Aviation Activities on, at or from the Airport, but does not operate
out of leased or Subleased Premises. Examples of MSPs include, but are not limited to,
Aircraft mechanics, flight instructors, Aircraft detailers, and oil recyclers.
On Demand Air Transportation - is unscheduled commercial air transportation for hire
operated under FAR parts 119 and 135
Preventive Aircraft Maintenance - maintenance that is not considered a major aircraft
alteration or repair and does not involve complex assembly operations listed in FAR
Part 43.
Public Airport - an airport used or intended to be used for public purposes (A) that is
under the control of a public agency and (B) of which the area used or intended to be
used for the landing, taking off, or surface maneuvering of Aircraft is publicly owned.
Ramp — paved areas suitable for parking Aircraft.
Repair Facility — a facility (sometimes called a shop) that is used for repairing Aircraft
or Aircraft systems, components or accessories including, without limitation thereto,
engines, powerplants, propellers, radios, navigational aids and instruments
Revenue -Generating Aviation Activity — any commercial activity which relates to the
fabrication, operation, maintenance, modification, repair, cleaning [exterior and/or
interior], refurbishing, restoration, overhaul, painting, plating or refinishing of Aircraft;
or of the airframes, powerplants, components, equipment, systems or accessories of
Aircraft Revenue -Generating Aviation Activities include, but are not limited to, pilot
training; demonstration flights; "dog -fighting"; Aircraft rental; sightseeing flights; glider
towing; parachuting; "sky diving"; aerial ambulance; aerial firefighting; aerial
photography or surveying; aerial advertising; aerial traffic or news reporting; powerline,
pipeline or other aerial patrolling; aerial application; weather modification; air taxi or
charter; Aircraft sales, including fractional ownership; commercial flying clubs;
management of Aircraft owned by others; Aircraft scheduling: passenger handling;
ground handling; passenger security screening; baggage, mail or freight
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loading/unloading and/or transportation on the Airport; Aircraft marshalling and push -
back; receipt and/or storage on the Airport of mail, baggage or freight; flight dispatch;
loading bridge operation; the sale and/or delivery or installation of Aircraft components,
parts, systems or accessories, and the sale and/or delivery of products used by or in
Aircraft, including fuel, lubricants, additives, oxygen and flight meals.
Revenue Generating Aviation Activities do not include any of the above activities if
conducted by a governmental unit or agency in support of its governmental functions;
nor do Revenue -Generating Aviation Activities include Airline operations or any of the
above activities conducted by an Airline with its own employees in support of its Airline
operations; nor do Revenue Generating Aviation Activities include Aircraft Operations
by transient or itinerant Aircraft, or non-commercial Aircraft operations by personal or
business aircraft based at the Airport in a Leased hangar or tie -down space.
Specialized Aviation Service Operator or SASO — an Entity that is authorized to
engage in one or more Revenue Generating Aviation Activities, but is not an FBO.
Sublease or Subcontract - a written agreement stating the terms and conditions under
which a third party Entity (the Sublessee or Subcontractor) rents space (Subleased
Premises) at the Airport from a Lessee, and/or conducts a Revenue Generating
Aviation Activity from a Lessee's Premises. A Sublease or Subcontract can not
authorize the Sublessee or Subcontractor to conduct any Business at the Airport:
business privileges can be authorized only by the City, in a complementary Agreement
between the Subcontractor or Sublessee and the City
Through -the -Fence Business Operation - An aviation -related business activity
located in the immediate vicinity of the Airport, but not on Airport property, which activity
would be a Revenue Generating Aviation Activity if located at or on Airport property; and
which requires some entrance upon Airport property by the business operator for the
business activity to be accomplished. A Through -the -Fence Business Operation relies
upon Airport users as a continuous and significant source of its business. An example
would be an Aircraft inspection and repair business where the Aircraft or a major Aircraft
component is ground transported off the Airport for the inspection and repair and
returned to the Airport upon completion of the inspection and repair.
SECTION 3. STATEMENT OF POLICY - PRINCIPLES APPLYING
It is the policy of the City to operate and develop FCH as a reliever airport for the City's
airline airport, FYI, with FCH primarily serving general aviation Aircraft. Both Airports
will be operated and developed by the Department as a financially self-supporting,
complementary system of airports serving the entire range of airport users safely,
securely and efficiently, offering reliable, high quality aviation products and services to
meet the air transportation needs and desires of the region's citizens, visitors,
commerce and economy in an environmentally friendly manner and as a good neighbor.
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To meet these policy goals, the Department shall be guided by the following principles:
1. No Entity may regularly engage in any Revenue Generating Aviation Activity at,
on or from the Airport without first entering a written Agreement with the City
which will prescribe the Revenue Generating Aviation Activity or Activities
authorized and/or required to be offered.
2. Entities so authorized will be required to make a financial investment in
Improvements and/or Equipment sufficient to satisfy the reasonably anticipated
demand for the Business(es) authorized.
3. The rents, fees and/or charges charged to their clients and customers by
authorized Entities shall not be higher than are reasonable and customary in that
trade or business in Central California.
4. The rents, fees and/or charges charged by the Department shall be fair and not
unduly discriminatory, taking into consideration the Department's direct and
indirect costs of providing, maintaining, servicing and keeping secure the Airport,
including the rented or Subleased Premises, the market value of same, the
revenue potential of the Revenue Generating Aviation Activities authorized and
their relative importance to the region. Before commencing Business operations,
authorized Entities shall post and maintain security equivalent to not less than
three months' of the anticipated rents fees and/or charges payable to the
Department.
5. The term of any Agreement, including any options to extend, shall be no longer
than required to reasonably amortize the investment in Improvements to Airport
Premises that the Lessee is required to make.
6. In addition to compliance with all applicable building, zoning and hazard codes
and the FCH Specific Plan, all Improvements must be approved by the
Department as to architectural suitability, location and height with respect to
other Airport facilities. No Improvement will be permitted that in any way
interferes with or derogates Airport operations, or other Airport facilities, or
encroaches into or conflicts with any building restriction line or safety area
depicted on the current ALP.
7. The then effective Airport Master Plan and FCH Specific Plan shall control the
types, placement and sizing of all future facilities at the Airport. No extant facility
that does not conform with the then current Airport Master Plan and FCH Specific
Plan shall be used or leased on terms that might impede or delay the timely
development of the Airport in conformity with the then current Airport Master Plan
and FCH Specific Plan, nor shall any Improvements to such facility be allowed if
that might impede or delay timely subsequent development of the Airport in
conformity with the said Master Plan and FCH Specific Plan.
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8. The highest and best use shall be made of the limited Airport premises so as to
maximize the capacity of the Airports system to meet the air transportation needs
and desires of the Airports' region. Lower or lesser uses may be authorized on
an interim basis to provide interim revenues to the Department, but any such
lower or lesser use(s) shall be on bases that will not impede or delay the
eventual highest and best use. Hangars shall be used for the storage of Aircraft
that are Airworthy or in the process of being made Airworthy and Aircraft
associated support materials, AND/OR in the case of authorized FBOs or SASOs
for the conduct of their authorized Business(es). Without limiting the generality of
the foregoing, no hangar may be used primarily for storing or inventorying
personal property that is not closely associated with the servicing, maintenance
and/or care of Airworthy Aircraft or Aircraft actively in process of being made
Airworthy, or being prepared for public display, or being specially prepared,
treated and preserved for future rehabilitation.
9. Through -the -Fence Business Operations shall be authorized only if the products
or services to be offered are not already available on the Airport and there is no
reasonable possibility of accommodating the Through -the -Fence applicant on the
Airport.
SECTION 4. GENERAL LEASE PROVISIONS/OBLIGATIONS; INCORPORATION
BY REFERENCE
All Agreements authorizing any Revenue Generating Aviation Activity at the Airport shall
incorporate by reference the following provisions and the then effective Minimum
Standards, but only to the extent each such provision or standard is not in conflict with
any express provision of the Agreement. In the case of any conflict, the Agreement
shall control.
1. Employee Conduct and Customer Service Emphasis
A. Management Control and Supervision - Each authorized Operator is
required to employ the necessary quantity of trained management and
supervisors to provide for the safe, secure, and timely compliance with its
Lease obligations.
B. Personnel Training and Certification - All authorized Operator personnel
shall be fully qualified and trained to provide a high quality standard of
courteous, efficient, and safe service to the public and customers.
Personnel shall meet all Federal, State, and local certification and
licensing requirements applicable to their individual duties.
2. Facilities for the storage and disposal -of toxic materials and contaminants must
comply with all applicable governmental rules, regulations, standards and
requirements. Operator will obtain all necessary permits for storage and disposal
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and will provide Lessor with copies of such permits and evidence of compliance
with the terms and conditions thereof. Improper storage or disposal of toxic
materials or contaminants shall be grounds for termination of the lease. Operator
shall be liable for the costs of correcting any contamination or damage to the
Leased Premises and/or adjacent areas caused by improper storage, disposal or
use of any such materials, which liability shall survive the expiration or earlier
termination of the Lease.
3. Nothing contained in the Lease shall be construed to grant or authorize the
granting of an exclusive right to provide aeronautical services to the public as
prohibited by Section 308 (a) of the Federal Aviation Act of 1958, as amended,
and the City reserves the right to grant to others the privilege and right of
conducting any one or all activities of an aeronautical nature, so long as they
meet the Minimum Standards.
4. The City reserves the right, but shall not be obligated to the Operator, to maintain
and keep in repair the landing area of the Airport and all publicly owned facilities
of the airport, together with the right to direct and control all use of said landing
area and facilities, including Operator's use.
5. The City reserves the right to further develop or improve the AOA as it deems
necessary, regardless of the desires or view of the Operator, and without
interference or hindrance by or from the Operator.
6. During the time of war or national emergency, the City shall have the right to
Lease the landing area or any part thereof to the United States Government for
military use, and if such Lease is executed, the provisions of the Operator's
Lease insofar as they are inconsistent with the provisions of the Government's
Lease, shall be suspended.
7. The City reserves the right to take any action it considers necessary to protect
the aerial approaches of the Airport against obstruction together with the right to
prevent the Operator from erecting, or permitting to be erected any building or
other structure on or adjacent to the Airport which, in the opinion of the City,
would limit the usefulness of the Airport or constitute a hazard to Aircraft.
8. The Lease shall be subordinate to the provisions of any existing or future
agreement between the City 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 receipt or expenditure of Federal funds for the
development of the Airport.
9. The Operator shall not assign or otherwise transfer any interest in Operator's
Lease, nor shall Operator Sublease or assign any interest in its Leased Premises
or any portion thereof without the express, written consent of the City.
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10. No Airport facilities, including hangars, Ramps and vehicular parking areas, shall
be used for the storage of cars, trucks, recreational vehicles, boats, trailers,
mobile homes, household furnishings or any other personal property not
associated with the conduct of the Business or use authorized. Without limiting
the generality of the foregoing, Operator shall not store at the Airport any Derelict
Aircraft, nor shall Operator allow its Premises at the Airport to be used for the
storage of Derelict Aircraft.
11. Operator shall submit on an annual basis all information deemed by the
Department to be relevant to Operator's credit worthiness and financial stability.
Operator is required to satisfy the Director that it is financially able to perform the
services authorized in its Agreement. This shall include the responsibility to
demonstrate continued financial solvency and business ability by submitting an
annual financial statement, credit references, and any other proof the Director
may require from time to time. Information provided shall be in a format
determined by and acceptable to the Director. The Director shall be the final
judge as to the qualifications and financial ability of Operator. Operator agrees
that the Director may undertake such investigation and inspection as it deems
necessary and appropriate.
12. The use of any Airport Premises shall conform to all applicable Airport /local/
state/ federal rules and regulations including but not limited to; building and fire
codes; E.P.A. regulations and storm water discharge permit restrictions.
13. During Operator's activity at the Fresno Chandler Executive Airport, the Operator
shall pay for and maintain in full force and effect all policies of insurance required
hereunder with an insurance company(ies) either (i) admitted by the California
Insurance Commissioner to do business in the State of California and rated not
less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by CITY'S
Risk Manager or his/her designee. The following policies of insurance are
required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall
be at least as broad as Insurance Services Office (ISO) form
CG 00 01 and shall include coverage for "bodily injury",
"property damage" and "personal and advertising injury",
including premises and operation, products and completed
operations, contractual liability and hangar keepers liability (if
applicable) with limits of liability of not less than $1,000,000
per occurrence and $2,000,000 general aggregate for bodily
injury and property damage, $1,000,000 per occurrence for
personal and advertising injury and $2,000,000 aggregate
for products and completed operations.
DocuSign Envelope ID: F720CEAF-E960-4EE8-A15A-9EE4110B2BCA
(ii) COMMERCIAL AIRCRAFT LIABILITY insurance which shall
include coverage for "bodily injury" (including passengers)
and "property damage", including aircraft personal injury
liability, newly acquired aircraft liability, non -owned aircraft
liability, hangar keepers liability and contractual liability with
limits of liability of not less than $10,000,000 per occurrence
for bodily injury and property damage [required only if
Operator's activity includes the operation of aircraft].
(iii) COMMERCIAL AUTOMOBILE LIABILITY insurance which
shall be at least as broad as the most current version of
Insurance Services Office (ISO) form CA 00 01 and shall
include coverage for "any auto" with limits of liability of not
less than $1,000,000 per accident for bodily and property
damage.
(iv) Fire and Extended Coverage Insurance against loss or
damage to the building or structure, including improvements
and betterments, by fire and lightning, with extended
coverage insurance for vandalism and malicious mischief
insurance and sprinkler system leakage insurance. Such
extended coverage insurance will, as nearly as practicable,
cover loss or damage by explosion, windstorm, riot, aircraft,
vehicle damage, smoke and such other hazards as are
normally covered by such insurance. Such insurance will be
in an amount equal to the full replacement cost (without
deduction for depreciation) of the building or structure,
including improvements and betterments, with no
coinsurance penalty.
(v) WORKERS' COMPENSATION insurance as required under
the California Labor Code.
(vi) EMPLOYERS' LIABILITY insurance with minimum limits of
$1,000,000 each accident, $1,000,000 disease each
employee and $1,000,000 disease policy limit [required only
if Operator has employees].
All policies of insurance required hereunder shall be endorsed to provide that the
coverage shall not be cancelled, non -renewed, reduced in coverage or in limits
except after thirty (30) calendar day written notice by certified mail, return receipt
requested, has been given to the City. Upon issuance by the insurer, broker or
agent of a notice of cancellation, non -renewal or reduction in coverage or limits,
Operator shall furnish City with a new certificate and applicable endorsements for
such policy(ies). In the event any policy(ies) are due to expire during Operator's
activity at Fresno Chandler Executive Airport, Operator shall provide a new
DocuSign Envelope ID: F720CEAF-E960-4EE8-Al5A-9EE4110B2BCA
certificate and all applicable endorsements evidencing renewal of such
policy(ies) not less than 15 calendar days prior to the expiration date of the
expiring policy(ies).
The General Liability, Automobile Liability and Aircraft Liability insurance policies
shall name City of Fresno, its officers, officials, agents, employees and
volunteers as an additional insureds. Operator's insurance shall be primary as
respects to the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials,
employees, agents and volunteers shall be excess of the Operator's insurance
and not contribute with it. Any Workers' Compensation insurance policy shall
contain a waiver of subrogation as to CITY, its officers, officials, agents,
employees and volunteers. Operator shall have furnished CITY with the
certificate(s) and applicable endorsements for ALL required insurance before
conducting any activity at the Fresno Chandler Executive Airport.
Operator shall furnish City with copies of the actual policies upon the request of
CITY'S Risk Manager or his/her designee and this requirement shall survive the
use of City grounds and facilities.
If at any time during Operator's activity at Fresno Chandler Executive Airport,
Operator fails to maintain the required insurance in full force and effect, the
Operator's activity at Fresno Chandler Executive Airport shall be discontinued
immediately until notice is received by City that the required insurance has been
restored to full force and effect and that the premiums therefore have been paid
for a period satisfactory to CITY.
The City reserves the right to change the required insurance coverage at any
time by letter and the Operator shall comply within thirty (30) days from date of
notice.
14. Operator shall indemnify, hold harmless and defend City and each of its officers,
officials, employees, agents and volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract, tort or strict
liability, including but not limited to personal injury, death at any time and
property damage) incurred by City, Operator or any other person, and from any
and all claims, demands and actions in law or equity (including attorney's fees
and litigation expenses), arising or alleged to have arisen directly or indirectly out
of the activity of the Operator, its principals, officers, agents, employees, persons
under the supervision of Operator, vendors, suppliers, invitees, consultants, sub -
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them at the Fresno
Chandler Executive Airport.
DocuSign Envelope ID: F720CEAF-E960-4EE8-A15A-9EE411013213CA
15. Lessee, or Lessee's personal representative, its successors in interest and
assigns, as 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,
gender, religion or national origin shall be excluded from participation in, denied
the benefits of, or be otherwise subjected to discrimination in the use of said
facilities, (2) that in the construction in the use of any improvements on, over or
under such land and the furnishing of services thereon, no person on the
grounds of race, gender, religion or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be subjected to
discrimination, (3) that the Lessee, shall use the premises in compliance with all
other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, U.S. Department of Transportation, Subtitle A, office of the
Secretary, Part 21 nondiscrimination federally -assisted programs of the U.S.
Department of Transportation - effectuation of Title VI of the Civil Rights Act of
1964, and as said regulations may be amended. In the event of breach of any of
the above nondiscrimination covenants, the Department shall have the right to
terminate the Lease and to re-enter and repossess said land and the facilities
thereon, and hold the same as if said Lease had never been made or issued.
Lessee agrees to furnish services on a fair, equal and not unjustly discriminatory
basis to all users thereof, and to charge fair, reasonable and not unjustly
discriminatory prices for each unit or service; provided, that the Lessee may be
allowed to make reasonable and nondiscriminatory discount, rebate or other
similar types or price reductions to volume purchasers.
16. Lessee, if applicable, must provide a plan meeting all local, state and federal
regulations for the storage, containment and disposal of contaminants and toxic
waste.
17. Lessee agrees to comply with airport rules and regulations as established and
revised from time to time by the Director.
18. Lessee agrees to engage only in the Business or activity authorized by its
Agreement. Failure to actively engage in one or more of the Businesses
authorized for a period of 90 days or more, shall be grounds for termination by
the City of the authority to engage in that or those Businesses, or termination of
the Lease.
Lessee shall notify the Director of every instance where Lessee has knowledge
of, or suspects that, another Entity is using Lessee's Premises for a Revenue -
Generating Aviation Activity not authorized by the Department. Failure to timely
take reasonable means to determine if a particular activity constitutes an
unauthorized Revenue -Generating Aviation Activity shall make Lessee liable to
the City for the fees and charges pertinent to the unauthorized Revenue -
Generating Aviation Activity as if it had been authorized. Further, Lessee shall
DocuSign Envelope ID: F720CEAF-E9604EE8-A15A-9EE4110132BCA
forthwith take steps to terminate the unauthorized Revenue -Generating Aviation
Activities.
19. Operator shall abide by all provisions of the then current, approved Airport
Security Plan. Without limiting the generality of the foregoing, Operator shall not
provide airport gate codes or keys to any member of the general public AND
Operator assumes responsibility for the conduct of its employees, officers,
directors, agents, customers, clients and business invitees at the Airport. If
violations of the Airport Security Plan by the Operator or any of the people for
whom the Operator has assumed responsibility result in fines being levied
against the City by any federal or state agency, Operator will reimburse the
Department for the full cost of such fines within thirty (30) days of payment. Any
conduct which the Director deems to constitute a violation of the Approved
Airport Security Plan or a threat to pubic safety, health or security must be
discontinued immediately and may not be re -commenced until specifically
authorized in writing by the Director.
20. Operator and/or Operator's employees must possess all the licenses, certificates
and ratings necessary to lawfully engage in the businesses and activities
authorized and/or required.
21. Operator shall keep the Leased or Subleased Premises neat, clean and
appropriately supplied and shall conduct the lawful, sanitary, and timely handling
and disposal of all solid waste, regulated waste, and other materials including,
but not limited to, sump fuel, used oil, solvents, and other regulated waste. The
piling and storage of crates, boxes, barrels, containers, refuse, and surplus
property is not permitted upon Airport Premises. .
22. Operator shall provide and properly locate about the Leased Premises the proper
number, types, and sizes of fire extinguishers, and other safety equipment, in
accordance with the Uniform Fire Code. All fire extinguisher certifications must
be kept current.
23. Operator acknowledges that owners of Aircraft are entitled to use the AOA and
may tie -down, adjust, repair, refuel, clean, and otherwise service their own
aircraft, provided the service is performed by the Aircraft owner him/herself Any
unreasonable restrictions imposed on owners or operators or Aircraft by the
Operator will be construed as a violation of City policy.
SECTION 5. MINIMUM FACILITIES, EQUIPMENT, HOURS OF OPERATION,
STAFFING, ET. AL.
Application of this Section 5
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All Entities authorized to conduct any Revenue Generating Aviation Activity at the
Airport shall comply with ALL the requirements set forth in this Section 5 that are
applicable to the Business(es) authorized UNLESS expressly waived or modified
in writing by the Director. The mere omission of any particular minimum
requirement in a Lease shall not constitute a waiver or modification of the
minimum requirement.
The Director may expressly waive or modify, in writing, any portion of these
Section 5 minimum requirements for any Entity upon Director's determination
that such waiver or modification is in the best interest of the public and will not
result in undue discrimination against other Entities authorized to engage in the
same or similar Business(es) at the Airport.
When an Agreement authorizes multiple Revenue Generating Aviation Activities,
the authorized Entity shall comply with the minimum requirements established for
each separate Business authorized, but the space or capacity requirements need
not be cumulated if the Operator can demonstrate, to the satisfaction of the
Director, that the facilities will be adequate to allow all the authorized Businesses
to be conducted simultaneously. In such cases, the minimum requirement that is
most strict or imposes the highest standard shall apply, as a minimum.
Revenue Generating Aviation Activities not currently being offered or provided at
the Airport, and for which minimum requirements have not yet been established,
will be addressed by the Director as and when applications to offer or engage in
such Businesses are received.
2. FBOs
Buildings
Each FBO shall lease or construct a public use terminal building complex
including:
• A customer service counter/office of not less than 100 square feet, with operating
two-way air -to -ground radio, current aviation charts [covering California and the
immediately adjacent states] for sale, and facilities for obtaining rental cars or the
use of a courtesy car
■ A well lighted, comfortably heated and air conditioned waiting lounge of not less
than 400 square feet, furnished with comfortable seating for not less than ten
people
■ A discreet flight planning area within or adjacent to the lounge, properly equipped
with appropriate wall charts, NOTAMs board, local -access telephone to contact
Flight Service, and a computer to access current aviation weather information.
• Men's and Ladies' rooms accessible from the lounge.
■ A public use phone with posted list of numbers to call for after-hours FBO
services, overnight accommodation, and ground transportation.
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■ A free -span hangar of not less than 20,000 square feet
• Paved parking as required by code, but not less than sufficient to park ten
automobiles
• Above -ground, double -walled fuel storage tank(s) with not less than 12,000
gallons capacity of aviation gasoline
A tank of not less than 5,000 gallons storage for Jet A fuel, which may be truck -
mounted or stationary. If stationary, it shall be above ground, double -walled and
located with the aviation gasoline storage and plumbed for self fueling like
aviation gasoline
■ Storage for not less than 144 quarts of the most popular grades of aviation oil
• An air hose for inflating aircraft tires, and a constant supply of paper towels for
pilots use wiping dipsticks and/or cleaning aircraft windshields.
Equipment
Each FBO shall provide:
• A tug capable of towing an aircraft of 12,500 # gross weight
• Tow bars to fit common GA aircraft
• An air start cart or vehicle
• An electric "boost" cart or vehicle with 1600 amps capacity at both 14 and 28
volts, with adapters to fit common GA aircraft [all the foregoing may be
combined in one or more vehicles]
• An air compressor capable of compressing air to not less that 125 psi for landing
gear strut and/or tire inflation
• Bottled nitrogen for inflating Aircraft landing gear struts and/or tires
• Dollies and other equipment for use with the tug in removing disabled aircraft of
12,500 # gross weight from the AOA
• Aviation grade oxygen re -fills
Hours of Operation
Each FBO shall be open for business and attended during all daylight hours except
Sundays and not more than nine major holidays each year. Any closures or other
deviations from this schedule must be requested in advance and approved in writing
by the Director.
During regular business hours, each FBO shall promptly provide Equipment and
trained personnel to remove disabled Aircraft (under 12,501#) from the AOA — at the
request of, and with an appropriate release of liability or indemnification from the
owner or operator of the disabled aircraft or the Director.
Outside regular business hours, each FBO shall be on -call to provide the same
Equipment and trained personnel within four (4) hours. If multiple FBOs are
obligated to provide aircraft removal services on the Airport, they may agree among
DocuSign Envelope ID: F720CEAF-E960-4EE8-A15A-9EE4110B2BCA
themselves as to which shall be on -call and when, provided that a copy of their
written agreement is supplied to the Director and kept current thereafter
Each FBO shall be on -call to provide after-hours fuel service within four (4) hours of
a customer request.
Each FBO shall have on duty during the required operating hours of each Core FBO
service a quantity of personnel sufficient to meet the Minimum Standards for each
authorized and/or required business. However, multiple responsibilities may be
assigned to employees where feasible.
Qualifications of Fuel Handling Personnel
All FBO fuel handling personnel shall be trained in the safe and proper handling,
dispensing, and storage of aviation fuels. The FBO shall develop and maintain
Standard Operating Procedures (SOP) for refueling and ground handling operations
and shall ensure compliance with standards set forth in the Uniform Fire Code and
FAA Adviso Circular 00-34A. Aircraft Ground Handling and Servicing. The SOP
shall address bonding and fire protection, public protection, control of access to the
fuel storage area, and marking and labeling of fuel storage tanks and fuel dispensing
equipment, and shall be submitted to the Director no later than thirty (30) days prior
to the FBO commencing fueling activities.
Additionally, the FBO shall comply with FAA Advisory Circular 150/5230-4. Aircraft
Fuel Storage and Dispensing
on Airports, Airport rules and regulations,
and all other applicable laws related to aircraft fuel handling, dispensing and storage.
Each FBO shall obtain all applicable fueling certifications and permits, and receive
periodic refresher training as required. The Director and/or the FAA may periodically
conduct inspections of the FBO activities and facilities to ensure compliance with
laws, regulations, and Minimum Standards.
Additional Requirements for FBOs
Each FBO shall furnish good, prompt, courteous and efficient services, adequate to
meet all reasonable demands, on a fair, reasonable and non-discriminatory basis.
Each FBO shall operate its business in a first-class manner and shall, at all times,
keep its premises at the Airport in a safe, clean and orderly condition consistent with
the Business activities authorized, and satisfactory to the Director. Each FBO shall
accept not less than three major credit cards and at least one oil company credit
card.
Each FBO shall select and appoint a full-time manager of its operations at the
Airport. Such manager shall be properly qualified and experienced and shall be
vested with full power and authority to act in the name of the FBO in respect to the
DocuSign Envelope ID: F720CEAF-E960-4EE8-A15A-9EE41106213CA
method, manner and conduct of the authorized Business. Such manager or a duly
authorized subordinate shall be present and available at the Airport during regular
business hours. Each FBO shall provide the Director, and keep current, a typed list
of the names, addresses, and contacts for all personnel responsible for the
operation and management of the FBO. In addition, the Director shall be provided a
point -of -contact with phone numbers for emergency situations.
All FBO personnel who have regular contact with the public or customers of the FBO
(except the FBO's pilots, office personnel, marketing personnel and offsite sales
persons) shall wear attractive uniforms with appropriate insignia and nameplate so
they may be readily identified.
Each FBO shall control the conduct, demeanor and appearance of its employees
and representatives. Upon receiving a reasonable and specific complaint from the
Director concerning the conduct, demeanor or appearance of any employee, the
FBO shall forthwith take all steps necessary to remove the cause of the complaint.
3. SASOs
A. General Requirements for all SASOs
Operating hours
Eight daylight hours per day, on the same five continuous days each week,
exclusive of a two week period when a SASO may, by prior notice, be closed for
vacation. The operating hours shall be posted near the door to the Operator's
Leased or Subleased Premises.
Leased Space
Each SASO shall operate out of a building located on the airport. The Leased or
Subleased Premises shall be of an appropriate size to accommodate the services
being offered, be accessible to the public, and be marked with appropriate external
signage. Each SASO shall provide paved auto parking appropriate for the needs of
the business.
Responsible Personnel
Each SASO shall provide the Director, and keep current, a typed list of names,
addresses, and contacts of all personnel responsible for the operation and
management of the SASO.
B. Additional Requirements for Specific SASOs
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1. Flight Training SASOs
SASOs providing aircraft dual and solo ground and flight instruction necessary to
complete the written examination and flight check for any category of pilot
certificate or rating shall, as a minimum:
a. Provide at least one (1) or more FAA certified flight instructors as
necessary to meet the flight training demand and schedule
requirements.
b. Provide at least four (4) properly licensed and maintained fixed
wing aircraft and/or at least one (1) helicopter equipped to
accomplish the services offered. If only helicopter instruction is
offered, no fixed wing aircraft will be required.
C. Provide air-conditioned classroom space of not less than 100
square feet.
2. Airframe and Power Plant Maintenance SASOs
SASOs providing major or minor airframe and/or power plant servicing,
maintenance, overhaul, repairs or modifications shall:
a. Operate from a ventilated shop space large enough to
accommodate one multi -engine Aircraft of 12,500# gross weight.
b. Have on -duty at lest one (1) FAA -certified technician who posses
an airframe and/or powerplant certificate, with inspection
authorization, or possess and operates pursuant to repair station
certificate pursuant to FAR Part 145.
C. Provide equipment, supplies and parts required for GA aircraft and
power plant inspection, maintenance and repair.
3. On -Demand SASOs
SASO's providing On -Demand Air Transportation shall:
a. Provide at least one (1) person who is appropriately licensed and
rated to permit the flight activity offered by the SASO.
b. Provide one properly maintained and equipped aircraft to
accomplish the services offered.
DocuSign Envelope ID: F720CEAF-E960-4EE8-Al5A-9EE4110B2BCA
An On -Demand SASO shall have and display, a current FAR Part 135
Certificate.
4. Aircraft Rental SASOs
SASOs renting aircraft to be flown by third -party, licensed pilots shall:
a. Have at least one (1) person available to meet customers' needs.
b. Have available for rental, a minimum of four (4) owned or leased
fixed wing aircraft and/or one helicopter, all of them certified and
Airworthy. These may be the same aircraft used for flight
instruction if the Aircraft Rental SASO is also a Flight Training
SASO.
5. Avionics Maintenance and Sales SASOs
SASOs providing avionics services, which include the maintenance, repair, and
installation of aircraft avionics, radios instruments, and accessories, and includes
the sale of such equipment, shall:
a. Operate in ventilated office or shop space on the Airport that is able
to accommodate at least one fixed wing aircraft.
b. Have at least one (1) trained and FAA certified technician.
C. Hold the appropriate FAA certificates required for the types of
services offered.
6. Aircraft Hangar Rental SASOs
An Aircraft hangar rental SASO leases and rents hangars or hangar space or tie -
down space to third -party aircraft owners or operators solely for those third -
parties' storage of their owned or operated Aircraft. An Aircraft hangar rental
SASO shall:
a. Lease or construct hangars sufficient to store, in complete security,
not less than twenty (20) single -engine GA Aircraft. Each hangar
shall be lighted and have not less than 15 amps electrical service.
SASO shall provide for its hangar tenants at least one lockable rest
room for every 20 hangars or portion thereof, with an outside hose
bibb. Further, SASO shall provide trash bins for use by SASO's
tenants, which SASO shall empty as often as required but not less
DocuSign Envelope ID: F720CEAF-E960-4EE8-A15A-9EE4110B2BCA
than once each week, disposing of the trash at SASO's expense at
a location off the Airport.
b. Make known contact name and phone number for SASO, hangar
availability, and rental rates by posted informational sign. Operator
shall employ a system of master -keyed padlocks and shall supply
each hangar tenant a discrete lock, which said tenant shall use
exclusively to secure his/her rented hangar. Two copies of the
master key shall be provided to the Director.
C. Provide the Director, and keep current, a list of all Operator's
renters, with their names addresses and phone numbers and the
make, model and "N" number of their stored Aircraft, plus a list of
Aircraft owners, if any, waiting for a hangar to become available for
rental.
d. SASO shall rent hangars for aircraft storage purposes only.
Without limiting the generality of the foregoing, no hangar may be
used primarily for storing or inventorying personal property that is
not closely associated with the servicing, maintenance and/or care
of an Airworthy Aircraft stored in the hangar. or Aircraft actively in
process of being made Airworthy in the hangar, or an Aircraft being
prepared for public display, or being specially prepared, treated
and preserved for future rehabilitation in the hangar. Extensive
Storage of personal property in any hangar, except as a incident of
the hangar's primary use as aforesaid, shall constitute a breach of
the SASO's Agreement with the City.
e. Hangar tenants may perform only Preventive Aircraft Maintenance
in accordance with 14 CFR Part 43 within their rented hangars.
Any other aircraft maintenance must be performed by an authorized
FBO, SASO, MSP, or by the tenant in accordance with 14 CFR
Part 43.3(d). Experimental aircraft construction and maintenance is
allowed in accordance with 14 CFR Parts 21 and 65. Any type of
hazardous or combustible material storage shall be permitted within
the hangar property only in amounts allowed under the Uniform Fire
Code. The piling and storage of crates, boxes, barrels, and
containers, refuse, and surplus property shall not be permitted
outside the hangar. All activity in or about the hangars shall be in
accordance with the requirements of the Uniform Fire Code.
7. Aircraft Sales SASOs
SASOs providing new and/or aircraft sales and aircraft brokerage services shall:
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a. Operate from an exclusively occupied office on the Airport and
have at least one (1) qualified aircraft salesperson who holds a
current pilot certificate with appropriate aircraft type ratings
8. Aircraft Restoration, Painting, and Refurbishing SASOs
SASOs providing the restoration, painting and refurbishing of aircraft structures,
propellers, accessories, interiors, exteriors, and components, shall:
a. Operate from a ventilated shop space large enough to
accommodate one multi -engine Aircraft of 12,500# gross weight.
b. Have at least one (1) qualified person that has certificates
appropriate for the work performed.
C. Meet all requirements of the Uniform Fire Code.
d. If painting is to be performed on the Airport, holds any and all the
air quality and other permits required for same.
9. Specialized Flying Services SASOs
SASOs providing specialized commercial flying services such as non-stop
sightseeing tours, aerial photography or surveying, power line or pipeline patrol,
firefighting or fire patrol, air ambulance, airborne mineral exploration, banner
towing, and other air transportation operations specifically excluded from FAR
Part 135 shall:
a. Provide at least one (1) person who holds a current FAA
appropriate pilot certificate and medical certificate with ratings
appropriate for the operator's aircraft.
b. Own or lease at least one (1) Airworthy Aircraft.
10. Commercial Skydiving
Inasmuch as the Airport is located under FYI's Class C Airspace, no skydiving
whatsoever is authorized at, on or from the Airport.
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11. Aerial Applications
Aerial application operations are not authorized at, on or from the Airport.
12. Mobile Service Providers.
If the Director shall determine that the significant needs of Chandler's based
aircraft owners are not being adequately served by the authorized, on -airport
SASOs, he may, in his discretion, authorize Mobile Service Providers who
shall meet at least the following general requirements:
Each MSP shall hold a City issued Commercial Aviation Operator Permit.
Each MSP shall ensure compliance with Airport Security Access Plan.
Each MSP shall provide sufficient qualified personnel necessary to meet the
Minimum Standards for each aeronautical service provided. However,
multiple responsibilities may be assigned to employees where feasible.
Each MSP shall provide the Director, and keep current, a written statement of
names, addresses, and contacts of all personnel responsible for the operation
and management of the MSP.
7/11/05 version
Last Updated 07/ 11r2005 22
J:\FCH\N-faster Documents\7-26-05, N- inimum Standards FCH (Final).doc
DocuSign Envelope ID: F720CEAF-E960-4EE8-A15A-9EE4110B2BCA
EXHIBIT "D"
DocuSign Envelope ID: F720CEAF-E960-4EE8-A15A-9EE4110B2BCA
Exhibit "D"
DISCLOSURE OF CONFLICT OF INTEREST
Temporary Use Permit (TUP) between City of Fresno ("Fresno')
Fiinht I avP1 Aviation LLC. (" Flioht Level Aviation ")
YES*
NO
1
Are you currently in litigation with the City of Fresno or any of its
❑
❑x
agents?
2
Do you represent any firm, organization or person who is in
❑
x❑
litigation with the City of Fresno?
3
Do you currently represent or perform work for any clients who do
❑
0
business with the City of Fresno?
4
Are you or any of your principals, managers or professionals,
owners or investors in a business which does business with the
❑
0
City of Fresno, or in a business which is in litigation with the City of
Fresno?
5
Are you or any of your principals, managers or professionals,
related by blood or marriage to any City of Fresno employee who
❑
❑x
has any significant role in the subject matter of this service?
6
Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
❑
Z
this Project?
* If the answer to any question is yes, please explain in full below.
N/A
Explanation:
❑ Additional page(s) attached.
Signature
7/11/2022
Date
Tustin zaklan
(name)
Flight Level Aviation LLc
(company)
524 W. Kearney Blvd
(address)
Fresno CA 93706
(city state zip)