HomeMy WebLinkAboutNew Vision Aviation, Inc - Temporary Use Permit 12-13-2022DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
FRESNO CHANDLER EXECUTIVE AIRPORT
AVIATION LAND AND BUILDING TEMPORARY USE PERMIT
Issued By
CITY OF FRESNO, CALIFORNIA
To
NEW VISION AVIATION, INC.,
A 501(C)3 NON-PROFIT CHARITABLE ORGANIZATION
a •civNc iu.4rl:Ad/32-D237-4A33-AF2E-943543F77EO7
TABLE OF CONTENTS
RECITALS .....................
ARTICLE I: PROPERTY,. .......................................................................................1 TERM,�• RENT AND OTHER CHARGES .............
Section 1.01 Permitted Premises or Pre
Section 1.02 Premises .......................................................
Term. ...... 2
..............
Section 1.................................
03 Rent. .....
.................................
Section 1 ..........................
04 Other Charges ............................................ 2
Section 1.05 Taxes "'•" And Assess '-"'•'•••••••••••••••••• 2
Section 1.06 Assessments .....................................
Late Payment and ....... ............................ 3
Y Other Charges ................... -
Section 1.07 Security Deposit..............,.,.•.,.•.•.-.-.,..............................-.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.....•.•........
•.•.•.•.•.4
ARTICLE II:OBLIGATIONS OF CITY
4
Section 2.01 Covenant of Title. ...........................................� ��••�••"--��•'"""""
2.02 Operation of Airport.... ...................................•..•
Section5
Section 2.03Maintenance And Repair .....................................
""""""•' •••• •••• • ...................................5
......................................
ARTICLE III - PRIVILEGES, USES, RIGHTS, INTERESTS AND OBLIGATIONS OF 5
PERMITTEE ..............
Section 3.01 Acceptance of Permitted P ..... " 6
Section 3. remises.......
02 Privileges, Uses, Rights And Interests... ...................................... 6
Section 3.03 Additional Improvements.......... 6
Section3.04 P....................................................... 8
ermittee's Maintenance and Repair Obligations ................................. 11
Section 3.05 Utilities, Outside Storage, Disposable Waste, Control of Hazards and
Nuisances, and Permittee's Responsibility Regarding Hazardous Substance ............ 12
Section 3.06 Observation of Governmental Regulations. ., .......
ARTICLE IV - TERMINATION, HOLDOVER AND LIQUIDATED DAMAGES ............ 11
Section 4.01 Early Termination. •••• 21
Section 4.02 Holding Over............................................................................ 21
........................................ .
Section 4.03 Liquidated Damages.. """"" 21
ARTICLE V -INDEMNIFICATION, EXEMPTION OF 21
Section 5.01 Indemnification an CITY, AND INSURANCE 22
Section 5.02 d Release............................................................ Exemption.......... -• • •- 22
Section5.03........................................
Insurance.......... ........................ 23
ARTICLEVI - ...............................
OPERATING STANDARDS...................................................... 23
Section 6.01 Designation of Local Representative B 26
Section 6.02 Quality of Service..........................................Y Permittee..............
26
ection 6.03 Hours of 26
Operation. """'•'•••••••�••• ....................... .
Section 6.04 Outside"""""'•'�"�'�•-•••••••••••••• Storage. .............. 27
............................
Section 6.05 Signs............................................................. 27
ARTICLE V _ ....--- ...................
II DESTRUCTION OF IMPROVEMENTS ...................................................... 27
Section 7.01 General..... ..... .............................28
Section 7.02 Definitions and Remedies.. "" 28
ARTICLE VIII - ASSIGNMENT, SUBLEASING, AND HYPOTHECATION, TRANSFER 28
AND ASSIGNMENT BY DEED OF TRUST .............
Section 8.01 General................................"""""""""'• '• •••••....•...29
...............
.....
Section 8.02 Assignment "'•""......•
....................... .
Section 8.03....................................... ........... 29
Section 8.04 Hypothecation Transfer and Assi n .....................................•.."•"""" 30
ARTICLE IX g ment By Deed Of Trust...... - DEFAULT..... •.......... 31
.........................................
Section 9.01 Default B """" •..•..... 32
y city. .......
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Section 9.02 Default By Permittee.............................................................................
33
ARTICLEX - NOTICES..................................................................................................
37
Section 10.01 Written Notices Required......................................................................
37
Section 10.02 Permittee's Address For Notices..........................................................
37
Section 10.03 City's Address for Notices....................................................................
37
Section 10.04 Time And Date of Service....................................................................
37
ARTICLE XI - GENERAL PROVISIONS........................................................................
37
Section 11.01 Executor's Authority.............................................................................
37
Section 11.02 Interpretation of Agreement................................................................
38
Section 11.03 Waiver of Breach Of Covenants...........................................................
38
Section 11.04 Venue and Litigation...........................................................................
38
Section 11.05 Liens and Claims.................................................................................
39
Section 11.06 Successors and Assigns.....................................................................
39
Section 11.07 Invalid Provisions.................................................................................39
Section 11.08 Captions and Article/Section/Paragraph Numbers ..............................
39
Section 11.10 Consents/Approvals...........................................................................40
Section11.11 Merger...............................................................................................40
Section 11.12 Cumulative Remedies.........................................................................40
Section 11.13 Prior Agreements.................................................................................
40
Section 11.14 Quiet Possession.................................................................................40
Section 11.15 Time Of Essence.................................................................................40
Section 11.16 Review/Examination of Permit.............................................................41
Section 11.17 Accord and Satisfaction.......................................................................41
Section 11.18 National Emergency and Condemnation/Eminent Domain..................41
Section 11.19 Relationship of Parties.........................................................................42
ARTICLEXII - SIGNATURE...........................................................................................
43
Attachments: ...................................................................................................................
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FRESNO CHANDLER EXECUTIVE AIRPORT
TEMPORARY USE PERMIT
THIS PERMIT is issued this day 13 of December 2022 by the CITY OF FRESNO, a
California municipal corporation (City), acting by and through the Director of Aviation of
City (Director), to NEW VISION AVIATION, Inc., a 501(C)3 Non -Profit Charitable
Organization (Permittee);
RECITALS
WHEREAS, City owns and operates the Fresno Chandler Executive Airport (Airport),
located in the City of Fresno, County of Fresno, State of California; and
WHEREAS, Permittee wishes to operate as a training center for careers in aviation for
residents and youth from disadvantaged communities using the property located at 540
W. Kearney Boulevard, Fresno, California 93706 (Premises), at the Airport; and
WHEREAS, Permittee has requested that City issue a Temporary Use Permit authorizing
Permittee to use the space as detailed in Exhibit "A" attached hereto and incorporated
herein to this permit, for a fee, for a specific period of time; and
WHEREAS, City has determined that it is in the best interest of City and Airport to issue
a Temporary Use Permit to Permittee 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:
PERMIT
This Permit is subject to the terms, covenants, conditions, agreements, warranties, and
provisions herein contained and Permittee expressly covenants and agrees, as a material
part of the consideration for the Permit, that Permittee shall fully and faithfully comply
with, keep, perform and/or observe each and every term, covenant, condition, agreement,
warranty, and/or provision hereof to be complied with, kept performed, and/or observed
by Permittee.
ARTICLE I: PROPERTY, TERM, RENT AND OTHER CHARGES
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Section 1.01 Permitted Premises or Premises.
The Permitted Premises consists of a total of 22,243 square feet; City -owned Bldg. No.
FBO - 2 and Permit Lot 7 and F-3 located at 540 W. Kearney Blvd. Fresno, CA, as
depicted in Exhibit A, attached hereto and made a part hereof.
Section 1.02 Term.
A. The term of this Permit shall be for the six month period commencing December
13, 2022 and ending June 13, 2023, unless terminated earlier in the manner
hereinafter provided.
Section 1.03 Rent.
Definition: (Rent) shall mean all monetary obligations of Permittee to City under the terms
of this Permit.
A. Net Agreement.
This is a Net Agreement with respect to monthly base rent, fees and charges paid to
City by Permittee. Permittee shall, at Permittee's cost and expense, in addition to the
Rent, fees and charges set forth herein, pay all costs and expenses associated with
Permittee's occupancy and use of the Premises and with the activities and operations
conducted thereon/therefrom pursuant to this Agreement, including but not limited to
those certain activities and operations described herein.
B. Base Rent.
Amount and Due Date: Commencing December 1, 2023, then continuing monthly
thereafter, Permittee shall pay to City rent in the amount of $2,250.00 per month, which
was recently determined to be the Fair Market Rental Value of Premises, such Rent will
be due and payable on or before the 1 st day of the month for which due, without notice.
The Rent due hereunder for any period less than a full calendar month shall be prorated.
3. Place of Pavment: Rent shall be paid to City at the address shown below or at
such place or places at which City may in writing direct the payment thereof
from time to time during the term hereof.
City of Fresno Airports Department
Attn: Airports Accounting
4995 E. Clinton Way
Fresno, CA 93727
Section 1.04 Other Charges.
A. Airport Use Fees/Charges
Nothing contained in this Permit shall be deemed to relieve Permittee, any
employee of Permittee, or any one or more of Permittee's tenants, sub-Permittees,
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customers, invitees, successors, assigns, or any other person or entity
whomsoever, from payment of such other fees and charges as may legitimately
accrue to City pursuant to any Ordinance(s) and/or Resolution(s) of the City
Council of City in effect on the start date of the term hereof or as such may be
passed/adopted and placed into effect by said Council, at any time and from time
to time, during the term of this Permit, including, without limitation:
1. Airport use fees and/or charges as are levied generally by City directly upon
the operations of aircraft, including, without limitation, aircraft landing fees
and aircraft storage fees resulting from use of the public, common -use
areas/facilities of the Airport under the direct control of City;
2. Miscellaneous fees and/or charges (including, without limitation,
fees/charges for Airport security badges, copies of public documents
[including extra copies of this Permit], returned check charges, etc.) as are
generally assessed by City against members of the general public and/or
Permittees, tenants, and/or other users of Airport Premises and/or facilities.
B. Reimbursement for Insurance and other City Expenses.
Permittee shall pay and nothing within this Permit shall be deemed to relieve
Permittee, any employee of Permittee, or any one or more of Permittee's tenants,
sub-Permittees, customers, invitees, successors, assigns, or any other person or
entity whomsoever, from payment of such other fees and charges as may
legitimately incurred by City pursuant to City's ownership of the Premises including
but not limited to the pro-rata portion of the Fire and Extended Coverage insurance
policy covering the subject Premises.
C. Effect of Failure to Pay Fees/Charges.
Any failure by Permittee to pay any and all airport use fees, and/or miscellaneous
fees and charges to City (as additional rent), as and when due to be paid to City
thereby, shall constitute a default on the part of Permittee under this Permit.
Section 1.05Taxes and Assessments.
In addition to the rentals, fees, and charges herein set forth, Permittee shall pay, as and
when due (but not later than fifteen days prior to the delinquency date thereof) any and
all taxes and general and special assessments of any and all types or descriptions
whatsoever which, at any time and from time to time during the term of this Permit, may
be levied upon or assessed against Permittee, the Premises and/or any one or more of
the improvements located therein or thereon and appurtenances thereto, other property
located therein or thereon belonging to City or Permittee, and/or upon or against
Permittee's interest(s) in and to said Premises, improvements and/or other property,
including possessory interest as and when such be applicable to Permittee hereunder'.
' NOTE: 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 (Lessor) is a taxable
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Section 1.06 Late Payment and Other Charges.
A. Late Payment Charge.
Should any installment of rent or other payment of fees accruing under the
provisions of this Permit not be paid as and when due, a late payment charge equal
to the lesser of one and one-half percent (1.5%) of the total overdue amount, or
the maximum amount allowable by law, shall be charged on a monthly
compounded basis from the date when the payment was due until full amount of
the late payment(s) and accrued late charges are received by City. The minimum
charge per month shall be one dollar ($1.00).
B. Best Estimate of Damage.
Permittee and City recognize that the damage which City shall suffer as a result of
Permittee's failure to pay rent and/or other sums when due is difficult to ascertain,
and therefore agree the above said late charge is the best estimate of the damage
which City shall suffer in the event of Permittee's late payment.
C. Change to Late Payment Charge.
It is expressly stipulated that the amount of the Late Payment Charge (above) may,
at any time and from time to time during the term of this Permit, be changed by
ordinance/ resolution passed/adopted by the City Council of City when, in said
Council's opinion, economic conditions and/or other relevant facts and/or
circumstances may reasonably warrant such action.
D. Non -Relief from Payment.
Nothing within this Permit contained shall be deemed to relieve Permittee from
payment of rent or other sums at the time and in the manner herein provided.
Section 1.07 Security Deposit.
A. Due Date, Type and Amount of Security Deposit.
Within thirty days of the commencement of rental payments hereunder, Permittee
shall provide City, and hall thereafter maintain during the term of this Permit a
valid securitV de osit in an amount equal to $1,460.00. This deposit guarantees
Permittee's fully and faithfully undertaking, observing, keeping and performing any
and all of the terms, covenants, conditions, warranties, agreements, undertakings,
and/or provisions hereof to be observed, kept, performed, and/or undertaken by
Permittee.
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 hereunder, Permittee, by its signatures 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 Lessor or any employee, agent, or representative of Lessor, determined, to
Permittee's full and complete satisfaction, how much Permittee will be taxed, if at all.
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B. Form of Deposit. The security deposit shall be in one of the following forms:
1. A Surety Bond issued by an insurance company lawfully admitted and doing
business in good standing in the State of California and authorized to write
such bonds in said State; or
2. An Irrevocable Letter of Credit established in favor of City for the account of
Permittee by a federally chartered bank located in the State of California
and lawfully doing business in said State; or
3. An Automatically Renewable Certificate of Deposit in the name of City
issued by a federally chartered Bank or Savings and Loan Association
located in the State of California and lawfully doing business in said State
(Interest may accrue to Permittee [Depositor]; or
4. A Cash Deposit (City shall not be obligated or required to pay and shall not
pay any interest whatsoever).
C. Return/Surrender of Surety by City. Except as provided within this Article, at the
end of the term hereof, such surety as shall have been provided by Permittee and
which is then currently being held by City shall be returned/ surrendered by City,
provided that there are no outstanding claims against Permittee.
ARTICLE II: OBLIGATIONS OF CITY
Section 2.01 Covenant of Title.
City warrants and covenants that it has full right and authority to issue this Permit and
that all things have happened and been done to make its granting of said Permit effective.
Section 2.02 Operation of Airport.
City covenants and agrees during the term hereof to operate and maintain Airport and its
public airport facilities as a public airport consistent with the Sponsor's Assurances given
by City to the United States Government under the Federal Aviation Act.
Section 2.03 Maintenance and Repair.
A. City shall be obligated to repair and maintain only the foundation, exterior walls,
and exterior roof of the Premises. Provided, however, if the need for such
maintenance and repairs is caused, in whole or in part, by the act, neglect, fault or
omission of any duty by Permittee, its agents, employees, and/or invitees, or by
breaking and entering, in which event(s) such maintenance and repairs shall be
the obligation of Permittee at Permittee's cost and expense.
B. Permittee shall provide maintenance service for any landscaped areas located on
the Premises during the term of this Permit. Such services shall be performed by
Permittee at no cost to City and shall include and be limited to the following:
1. Cutting of grass as and when the need therefore arises; and
2. Removal of grass/weeds from shrubbery beds as and when the need
therefore arises; and
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3. Pruning of trees/shrubs as and when the need therefore arises; and
4. Maintenance of the existing sprinkler system and supplying irrigation water
to the landscaped area.
C. City shall not be liable for any failure to make repairs or to perform any
maintenance unless such failure shall persist for an unreasonable period of time
after written notice of the need of such repairs or maintenance is given City by
Permittee. There shall be no abatement of rent and no liability of City by reason
of any injury to Permittee's business or any interference with Permittee's uses of
the Premises arising from City's making any repairs and/or performing any
maintenance in/on/to/for either the Premises or any of the improvements located
therein/thereon or any appurtenances thereto. City shall not be responsible in any
way whatsoever for any acts or omissions on the part of any sub-Permittees,
tenants, and/or any other third parties.
D. During the term hereof, City shall not, under any circumstances, be obligated to
make any alterations, additions, or modifications in, on or to any part or all of the
Premises or in, on or to any one or more of the improvement(s) located therein or
thereon, or to any of the facilities appurtenant thereto, as said premises,
improvements and appurtenant facilities exist(ed) at the time this Permit was
entered into or as such may exist, at any time and from time to time, during the
term hereof.
ARTICLE III — PRIVILEGES, USES, RIGHTS, INTERESTS AND OBLIGATIONS OF
PERMITTEE
Section 3.01 Acceptance of Permitted Premises.
Permittee hereby accepts each and every part of the Premises, together with any and all
of the improvements located in and on same, and all of the facilities appurtenant thereto,
in their present "As Is" condition as of the commencement date of the term of this Permit.
Section 3.02 Privileges, Uses, Rights and Interests.
Permittee shall use the Premises in support of and in connection with the business of
operating a SASO and as doing such, shall comply with the Minimum Standards for
Fresno Chandler Executive Airport, see Exhibit D, attached hereto and made a part
hereof, and approved by the City of Fresno City Council including any future
changes/alterations approved by the City Council. Any use that is not directly aviation -
related is prohibited.
A. Use of Public Facilities: Together with occupancy and use of the Premises and
subject to any and all of the covenants, conditions, terms, agreements, and
provisions of this Permit, during the term hereof, Permittee shall have the use, in
common with others, of all public airport facilities and improvements as such
exist(ed) on the commencement date of the term hereof or as such may exist at
any time and from time to time during the term of this Permit.
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1. For the purposes of this Permit, "public airport facilities and improvements"
includes, but is not limited to, approach areas, runways, taxiways,
roadways, sidewalks, navigation and navigation aids, lighting facilities or
other things of a public use nature appurtenant to Airport.
2. Permittee's right to use said public airport facilities in common with others
shall be exercised only subject to and in accordance with the laws of the
United States of America and the State of California and any and all
applicable rules and regulations promulgated by their authority, and in
accordance with any and all applicable rules, regulations and ordinances of
City as any and all such laws, rules and/or regulations exist(ed) on the
commencement date of the term hereof or as any and all of such may exist,
at any time and from time to time, during the term of this Permit.
3. None of the foregoing provisions of this sub -section of this Section of this
Article shall be deemed to relieve Permittee and its tenants, sub-Permittees,
patrons, invitees, successors, assigns, and/or any other person or entity
whomsoever from payment of such Airport use fees and/or charges as are
levied generally by City directly upon the operations of aircraft, including,
without limitation, aircraft landing fees and aircraft storage fees resulting
from use of the public, common -use areas of the Airport under the direct
control of City, nor shall anything herein contained be deemed to relieve
any one, more or all of aforesaid persons or entities from payment of such
fuel flowage fees as are generally levied by City upon fuel delivery, storage
and dispensing operations on the Airport, as and when such airport use
fees and/or fuel flowage fees shall legitimately accrue to City pursuant to
any Ordinance(s) and/or Resolution(s) of the City Council of the City of
Fresno (Council) either in effect on the start date of the term hereof or as
may be adopted and placed into effect by said Council at any time and from
time to time during the term of this Permit.
B. Premises Access Control: Any control over access to/from the Permitted Premises
shall be the responsibility of Permittee. City shall have no responsibility whatsoever
in this matter.
C. Airport Access Control: Any control over access to/from the Airport shall be the
City. The City requires Permittee's employees or volunteers who work at Fresno
Chandler Executive Airport included under the terms of this Agreement to undergo
additional background checks, including but not limited to: a Department of Motor
Vehicles - DDL check, Department of Justice - Bureau of Criminal Identification
(BCID) fingerprint check, Customs and Boarder Protection (CBP) check, and a FBI
fingerprint check; such services will be performed at Tenant's cost. The City's
Badging Application and list of disqualifying crimes is included in this Agreement
as Exhibit F.
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The Permittee's employees shall be subject to and shall at all times conform to the
City's security rules and requirements and shall cooperate with City Police and
Security personnel. Any violations or disregard of these rules may be cause for
denial of access to the City of Fresno's property.
Section 3.03 Additional Improvements
Permittee shall not make any structural changes, alterations, additions, or modifications
to any of additional improvement(s) located in or on the Premises at any time during the
term of this Permit, or construct or install any new improvements therein or thereon
(except industrial improvements, trade fixtures and office improvements made/installed
pursuant to the provisions of this Permit, below), or enter into any contract for the making
of any one or more of such, without the prior written consent/ approval of City's Airport
Director (Director). Any and all improvements of any kind made or constructed or installed
in or on said Premises for any reason shall comply with all government regulations as set
forth in this Article below and shall be made by Permittee at Permittee's sole cost and
expense.
A. In the event Permittee shall either make any structural changes, alterations,
additions, or modifications to the Premises or to any improvement(s)
constructed/installed/located therein or thereon, or construct, install, and/or place
any new improvement(s) therein or thereon without Director's prior written consent
and/or approval, City may require that Permittee remove any or all of such at
Permittee's cost and expense.
B. Any and all changes, alterations, additions, modifications, and/or improvements
that Permittee shall desire to make to the Premises which, pursuant to any
provision hereof, requires the consent/approval of Director, shall be presented to
Director in written form together with two (2) sets of proposed detailed plans.
C. In each and every instance, the Director's written consent to and/or approval of
any such alterations, additions, modifications, and/or improvements shall be
deemed conditioned upon Permittee's full and faithful compliance with the
provisions of this Permit, below.
D. Permittee shall neither remove, waste, destroy and/or structurally modify any of
the improvements located on the Premises upon the commencement date hereof
or constructed/installed/placed therein/thereon at any time during the term of this
Permit; nor shall Permittee suffer or permit the removal, waste, destruction and/or
structural modification thereof by any other person or entity, except as expressly
authorized, permitted, and/or provided for within this Permit. Any removal, wasting,
destruction and/or structural modification of any improvement(s) shall be subject
to any and all of the terms, covenants, conditions, stipulations, warranties,
agreements, and/or provisions contained in or applicable to this Permit.
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E. Ownership and Disposition of Improvements. All improvements which may be
made to the Premises by Permittee at any time and from time to time during the
term of this Permit shall, upon completion, be owned by and remain the property
of Permittee throughout the term of this Permit. At the end of the term of this Permit
(and any extensions), or upon early termination by City, all of the improvements
erected, constructed, and/or placed in, on or upon the Premises by Permittee at
any time during the term hereof shall become part of the realty and the property of
City; and, upon such improvements becoming part of the realty and the property
of City, Permittee shall:
1. Within thirty days following the date on which such improvements become
part of the realty and the property of City, execute and provide City with a
valid bill of sale, transferring all rights, title, interests and ownership in and
to such improvements to City, and Permittee shall not be entitled to any
remuneration or other consideration whatsoever from City for the value, if
any, of such improvements; and
2. Such improvements shall be given over to City free and clear of any and all
encumbrances, liens, claims, or demands of any nature or description
whatsoever, except for any then still outstanding loan obtained by Permittee
and used to finance the cost of such improvements and secured by a
recorded Deed of Trust where such loan shall have been obtained by
Permittee and made by a Lender pursuant to and in full conformity with the
provisions of this Permit applicable to such loans, in which event, the matter
of such outstanding loan balance and the existence and disposition of such
a Deed of Trust shall be governed by the provisions of this Permit.
3. If, for any reason whatsoever, Permittee shall fail to provide City with any
bill(s) of sale pursuant to the provisions of the immediately preceding
paragraphs "i" and "ii", such failure shall not, in any way whatsoever,
invalidate City's claim of ownership of any such improvements or trade
fixtures or delay City's acquiring ownership thereof pursuant to the
provisions of this Article and ownership of such shall vest in City, as and
when required by this Permit, to the same force and effect as would exist
had Permittee provided City with such bill(s) of sale; however, nothing within
this paragraph "iii" contained shall relieve Permittee of its obligation to
provide any such bill(s) of sale to City, as and when required by any of the
provisions of this Permit.
F. Industrial Improvements. City hereby grants to Permittee the right, at any time and
from time to time during the term hereof, to make, install and/or affix in or on any
buildings located on the Premises, installations and improvements of a type
necessary for such purposes as are consistent with those certain uses of the
Premises, hereof, such installations and improvements being hereinafter called
"Industrial Improvements". "Industrial Improvements" shall include firefighting
equipment (such as hose reels and extinguishers) and installation of such air
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distribution lines or additional electrical conduit, outlets, and lighting fixtures,
natural gas lines, or water piping, as may be necessary therefor.
G. Trade Fixtures. City hereby grants to Permittee the right, at any time and from
time to time during the term hereof, to make improvements of an easily
detachable/removable nature, in any buildings located on the Premises and to
place, install and/or affix in, to, or on same "Trade Fixtures", including the right to
make any necessary minor alterations in said buildings to accommodate such
fixtures. Trade fixtures shall include machinery and equipment, jigs and fixtures,
racks and bins, handling equipment and devices, tools, etc.
H. Office Improvements. City hereby grants to Permittee the right, at any time and
from time to time, to make, in any building(s) located on the Premises, temporary,
detachable installations and improvements of a type necessary for general office
purposes, hereinafter called "Office Improvements". Office improvements shall be
limited to installation of additional electrical conduit and outlets, light fixtures,
shelving, counters, carpets, and drapes.
Limitation on Industrial Improvements/Trade Fixtures/Office Improvements. As
respectively defined within paragraphs 7', "g" and "h" of this sub -section B
(collectively "ITO Improvements"), above, shall not include: (1) any installations or
improvements which by their removal shall materially damage or destroy any part
of the Premises, or (2) any other installations or improvements which become part
of the realty and the property of City at the end of the term hereof pursuant to any
of the provisions of this Permit.
J. Ownership of ITO Improvements. All ITO Improvements placed in or on the
Premises by Permittee during the term of this Permit shall be and remain the
property of Permittee throughout the term hereof, and Permittee shall have the
right to remove any and all such improvements and/or trade fixtures within the
fifteen calendar day period immediately following the end of the term hereof; or, in
the event of any holding over by Permittee pursuant to the holding over provisions
hereof, within the same period of time following the end of any such holding over
period. Any ITO Improvements which are not removed by Permittee during the
period of time allowed therefor shall, at 12:00:01 a.m., on the next day following
the end of such period, at the option City become part of the realty and the property
of City, free and clear of any and all liens, claims and/or demands whatsoever.
Should Permittee remove any ITO Improvements, as provided, Permittee shall be
responsible for returning the Premises to the condition existing prior to their
installation.
K. Transfer of Ownership of ITO Improvements to City at the Expiration of the Term
of This Permit. Upon any ITO Improvements becoming part of the realty and the
property of City pursuant to any of the provisions of this Article, above, transfer of
ownership thereof to City shall be effected pursuant to the provisions of this sub-
section, below.
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Within thirty days following the date on which any such improvements or
trade fixtures become part of the realty and the property of City, Permittee
shall execute and provide City with a valid bill of sale, transferring all of
Permittee's rights, title, and interests in and to such improvements or trade
fixtures to City, and neither Permittee nor any other party whomsoever shall
be entitled to any remuneration or other consideration whatsoever from City
for the value, if any, thereof.
2. Any and all such ITO Improvements shall be given over to City by Permittee
free and clear of any and all encumbrances, liens, claims, and/or demands
of any nature or description whatsoever, except for any then still outstanding
loan obtained by Permittee and used to finance the cost of any such
improvements and secured by a recorded Deed of Trust where such loan
shall have been obtained by Permittee and made by a Lender pursuant to
and in full conformity with the provisions of this Permit, in which event, the
matter of any such outstanding loan balance and the existence and
disposition of any such a Deed of Trust shall be governed by the provisions
of this Permit.
3. If, for any reason whatsoever, Permittee shall fail to provide City with any
bill(s) of sale pursuant to the provisions of the immediately preceding
paragraphs "a" and "b", such failure shall not, in any way whatsoever,
invalidate City's claim of ownership of any such improvements or trade
fixtures or delay City's acquiring ownership thereof pursuant to the
provisions of this Article and ownership of such shall vest in City, as and
when required by this Permit, to the same force and effect as would exist
had Permittee provided City with such bill(s) of sale; however, nothing within
this paragraph shall relieve Permittee of its obligation to provide any such
bill(s) of sale to City, as and when required by any of the provisions of this
Permit.
Section 3.04 Permittee's Maintenance and Repair Obligations.
A. Permittee's Obligations Regarding Repair and Maintenance of the Chandler
Premises.
Permittee shall be solely responsible for and expressly agrees at all times during
the term of this Permit, at Permittee's own cost and expense, keep and maintain
the Premises and all buildings, structures, paved surfaces, 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
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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.
B. 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 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.
C. 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 days following
submission by City of any such statement.
Section 3.05 Utilities, Outside Storage, Disposable Waste, Control of Hazards and
Nuisances, and Permittee's Responsibility Regarding Hazardous
Substance
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
Finance Department'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,
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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 is hereby 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. Disposable Waste:
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, slightly, sanitary handling and disposal, away from
Airport, 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 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 Permitted 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.
C. Control of Hazards and Nuisances.
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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.
D. Permittee's Responsibility Regarding Hazardous Substances.
1. Definition: The term "Hazardous Substances", as used in this Permit, 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
b. the use, generation, manufacture, release, 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 City's advance
written consent to any such use, generation, manufacture, refining,
production, processing, or storage shall have been requested in writing
and received by Permittee. Any and all such consents of City 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 City may, in any
way whatsoever, be deemed to apply.
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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 Permit, 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,
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 Permit, 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
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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. Indemnification: Permittee shall indemnify, defend, and hold harmless City,
City's officers, agents, employees, and volunteers from all fines, suits,
procedures, claims, and actions of every kind, and all costs associated
therewith (including reasonable attorneys' and consultants' fees) arising out
of or in any way connected with any deposit, spill, discharge, or other
release of Hazardous Substances that occurs at any time during the term
of this Permit as a result of any and all use(s) and/or occupancy(ies) of said
Premises by Permittee or any employee, representative, agent, contractor,
sub -contractor, supplier, customer, guest, invitee, tenant or sub-Permittee
of Permittee, or as a result of Permittee's failure to provide any or all
information, make any or all submissions, and take any and all steps
required by any or all Authorities under the Laws and any and all other
environmental laws.
5. Permittee's Obligations/Liabilities Surviving Expiration of Permit:
Permittee's obligations and liabilities under this sub -section E, shall survive
the expiration of the term of this Permit.
E. Reports.
1. Statistical / Operational Reports: At the request of City, Permittee shall
provide City with reports, on forms supplied by City or in a form acceptable
to City, showing in such detail and breakdown of information as City may
reasonably require concerning Permittee's operations at the Airport.
a. Such reports shall be submitted by Permittee with sufficient
timeliness so as to be received by City on or before the tenth
calendar day of the month following the request for the report and
shall be submitted to City at City's address for Notice as set forth
below.
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2. Special Informational Reports: If, as and when, requested by City,
Permittee shall also provide City with periodic and/or as required special
informational reports concerning: (1) the names, mailing addresses, and
telephone numbers of all of Permittee's customers at Airport; (2) the
services being provided the public by Permittee and any and/or all tenants
and/or sub-Permittees of Permittee at Airport; (3) the number of aircraft t-
hangars, aircraft shelters, and/or the number of outside aircraft tie -down
and/or storage spaces being made available by Permittee and/or any and
all sub-Permittees of Permittee for sub-Permit/rental by the public and the
rental rates charged therefor; (4) the N-number of airplanes stored at the
Premises; and (5) such other operational information as City may, at any
time and from time to time, reasonably require during the term hereof.
Permittee shall provide City with any and all such Special Informational
Reports within seventy-two (72) hours where City shall request such report
be provided by telephone, or within ten days where City requests such
report in writing. In the event any such special informational report is
requested to be submitted in writing, it shall be submitted to the address
specified by City at the time such report is requested.
F. City 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.
G. 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
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.
Section 3.06 Observation of Governmental Regulations.
A. Airport Rules and Regulations. City reserves the right to adopt, amend and
enforce reasonable rules and regulations governing the Premises and the public
areas and facilities used by Permittee in connection therewith. Such rules and
regulations shall be consistent with the safety, security and overall public utility of
Airport and with the rules, regulations and orders of the Federal Aviation
Administration (FAA) (or such successor agency[ies] as may, at any time and from
time to time during the term hereof be designated by the Federal Government to
perform either similar, new, additional, and/or supplemental functions, powers
and/or duties with respect to air transportation, aircraft, Airports, etc.), and such
rules and regulations shall NOT be inconsistent with the provisions of this Permit
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or the procedures prescribed and approved, from time to time, by the FAA with
respect to the operation of aircraft at the Airport. Permittee agrees to observe,
obey and abide by all such rules and regulations heretofore or hereafter adopted
or amended by City, including compliance with FAA, and Airport security rules,
regulations and plans.
1. Permittee shall be fully liable to City for any and all claims, demands,
damages, fines and/or penalties of any nature whatsoever which may
be imposed upon City by the United States Government as a result of
any unauthorized entry by Permittee, Permittee's employees, agents,
representatives, servants, tenants, customers, patrons, guests, invitees,
sub-Permittees, contractors, sub -contractors, or any vehicle operated
thereby, into any area of the Airport to which access by persons or
vehicles is restricted/controlled pursuant to FAA and/or Airport Security
Rules/Regulations/Plans, and Permittee shall be similarly liable to City
where any such claims, demands, damages, fines and/or penalties shall
be the result of any violation by any person or entity whomsoever when
such person or entity may reasonably be deemed to have gained access
to any such area on airport from the Premises Permitted by Permittee
under this Permit as a result of a failure on Permittee's part to control
access to such areas pursuant to the provisions of this section of this
article, below.
2. Permittee shall be solely responsible for controlling access to any such
restricted/controlled areas from any and all parts of the Premises and
shall, at all times during the term hereof, at Permittee's own cost and
expense, provide and/or implement such approved airport security
monitoring and control systems, equipment, and/or procedures as may
be required to fully comply with any and all such rules/ regulations/plans
as such rules/regulations/plans exist(ed) on the commencement date of
the term hereof or as such may exist, at any time and from time to time,
during the term of this Permit, so as to preclude any unauthorized entry
into any such area from the Premises by any person or persons
whomsoever.
B. Other Governmental Regulations. Permittee shall, at all times during the term
hereof, observe, obey and comply with any and all laws, statutes, ordinances,
codes, rules, regulations, and/or orders of any governmental entity(ies) lawfully
exercising any control(s) over either the Airport or over any part or all of Permittee's
activities/operations thereon and/or therefrom, including, without limitation, any
and all local business license and/or permit requirements.
C. Federal Grant Agreement Assurances. Those certain 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 those
specific provisions required by the FAA to be appropriately included within all
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agreements (including, without limitation, Permits, 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 it 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", "ASSURANCES", 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.
D. Height Limits. No structure erected on the Premises shall exceed the height
limits as set for imaginary airport surfaces by Part 77 of the Federal Aviation
Regulations. When any structures are to be erected or placed on the Premises,
Permittee will be required to file and shall file a "Notice of Proposed Construction
or Alteration" with the Federal Aviation Administration.
E. Limitation on City's Liability and Permittee's Right to Terminate. City shall not be
liable to Permittee for ,any diminution or deprivation of possession or any of
Permittee's rights hereunder when such shall result from any exercise by City of
any such right or authority as in this Section or within EXHIBIT "B", hereto,
provided; and Permittee, by reason of the exercise of any such right or authority
by City, shall not be entitled to terminate, in whole or in part, the Permitted estate
herein created unless the exercise thereof by City shall so interfere with
Permittee's use and occupancy of the Permitted estate herein created so as to
constitute a termination in whole or in part of this Permit by operation of law in
accordance with the laws of the State of California.
F. Commercial Aviation Activity.
1. Compliance with Governmental Regulations: Permittee, Permittee's tenants
and sub-Permittees, and any and all other persons or entities whomsoever,
engaging in any commercial aviation activities whatsoever in, on, to and/or from
the Premises shall, at all times during the term of this Permit, conduct any and
all such activities in compliance with any and all laws, statutes, ordinances,
rules, and regulations of any and all federal, state and local governmental
agencies lawfully exercising authority over the Airport and/or over commercial
activities conducted thereon, thereto or therefrom, including, without limitation,
Chapter 5, Article 4, "Airport Regulations" of the City of Fresno Municipal Code
(FMC), as such laws, statutes, ordinances, rules, and regulations exist(ed) at
the time this Permit was entered into or as such may exist at any time and from
time to time during the term hereof. At the time this Permit was entered into,
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certain sections of Chapter 5 of Article 4 of the FMC governing such activity,
read(s) as follows:
(a.) "Commercial Activity" No person shall engage in any business or
commercial activity on the Airport except with the approval of, and under
such terms and conditions as may be prescribed by the Council." (FMC 5-
404 (c)
2. Limitations on Commercial Use of Permitted Premises By Persons Other than
Permittee: Permittee expressly warrants and agrees that, throughout the term
of this Permit, Permittee shall not enter into any rental or sub -Permit
agreement, with any party(ies) whomsoever, which shall involve the use of any
large aircraft hangar, individual aircraft T-hangar, shelter, or ramp -tie -down
located on the Premises for the purpose of storing Commercial or Private
aircraft therein or thereunder, unless and until the owner or operator of such
aircraft holds either a valid "commercial aviation operations permit" issued by
City; or a valid "airport Permit agreement" with City; or a "bona fide sub -Permit"
with Permittee or another Fixed Base Operator at the Airport who holds a valid
"Permit agreement" with City.
(a.) Permittee further warrants and agrees that, except for aircraft owned and/or
operated by Permittee, Permittee shall neither suffer nor permit any
commercial aircraft, to be stored on and operated from any outside aircraft
tie-down/storage area located on the Premises except when the owner(s)
and/or operator(s) of such aircraft shall be conducting commercial aircraft
operations on, to and from the Airport in full conformity with the provisions
hereof, and/or the then current rules and regulations of City governing such
activities.
(b.)Permittee shall be responsible for ensuring the observance, by all of its
tenants and/or sub-Permittees, of any and all of the foregoing provisions of
this sub -section of this Section of this Article, and any breach thereof by any
of Permittee's tenants or sub-Permittees shall constitute a breach of this
Permit by Permittee.
G. Derelict Aircraft. Permittee shall not allow any aircraft within public view to become
a derelict aircraft. A derelict aircraft defined as: 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. For
the purposes of this agreement, 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
oxidizing, crazing and/or flaking off; or Plexiglas discoloring, cracking or crazing;
or metal corroding or rusting; or fabric fraying; etc.). If any aircraft has been
deemed by the City of Fresno Airports Department to be a derelict aircraft and it is
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not removed from Permit area immediately, Permittee shall be considered in
Default of this Permit.
H. Required Accessibility Disclosure. A Certified Access Specialist (CASp) can
inspect the subject premises and determine whether the subject premises comply
with all of the applicable construction -related accessibility standards under state
law. Although state law does not require a CASp inspection of the subject
premises, the commercial property owner or City may not prohibit the Permittee or
tenant from obtaining a CASp inspection of the subject premises for the occupancy
or potential occupancy of the Permittee or tenant, if requested by the Permittee or
tenant. The parties shall 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 premises.
ARTICLE IV - TERMINATION, HOLDOVER AND LIQUIDATED DAMAGES
Section 4.01 Early Termination.
Either party may terminate this Permit at any time and without cause by serving written
notice upon the other party no less than thirty days before such termination is to be
effective.
Section 4.02 Holding Over.
A. Holding Over. In the event Permittee shall remain in possession of the Premises
or any part thereof following the end of the life 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 days advance written notice upon
the other party.
B. Rent During Holding Over Period: During the holding -over month -to -month
tenancy period, Permittee shall pay to City all rent required by this Agreement at
the rates in effect as of the date immediately preceding the date on which such
month -to -month tenancy commences. If the holding -over period follows the initial
five-year term, the base rent will be adjusted pursuant to Section 1.03(C) of this
Permit and remain in effect during the holding -over period.
C. Applicability of Permit Provisions: Except as otherwise specifically set forth within
this Article, such holding over shall be subject to all of the terms, covenants,
conditions, and provisions of this Permit applicable to a month -to -month tenancy.
Section 4.03 Liquidated Damages.
If this Permit is terminated early by City pursuant to the default provisions, hereof, as a
result of Permittee's failure to keep, observe, or perform any of the terms, covenants,
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conditions, warranties, agreements, or provisions hereof to be kept, observed, or
performed by Permittee, the entire amount of such surety instrument may be claimed,
retained and used by City as liquidated damages.
ARTICLE V -INDEMNIFICATION, EXEMPTION OF CITY, AND INSURANCE
Section 5.01 Indemnification and Release.
A. Except to any extent expressly provided for in this Permit, and to the furthest extent
allowed by law, Permittee shall indemnify, hold harmless and defend City and its
officers, officials, employees, agents, and volunteers (collectively referred to as
City) 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, 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, costs to enforce
this indemnity agreement and litigation expenses), arising or alleged to have arisen
directly or indirectly out of this Permit. Permittee'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.
B. Permittee acknowledges that 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, including damage by fire
or other casualty) arising out of or in any way connected with release or discharges
of a Hazardous Substance, or the exacerbation of a Potential Environmental
Hazard, occurring as a result of or in connection with Permittee's activities or the
activities of any of Permittee's representatives (including, without limitation, any of
Licensee's officers, officials, employees, agents, volunteers, invitees, subtenants,
consultants, subconsultants, contractors or subcontractors), and all costs, expenses
and liabilities for environmental investigations, monitoring, containment, abatement,
removal, repair, cleanup, restoration, remediation and other response costs,
including reasonable attorneys' fees and disbursements and any fines and penalties
imposed for the violation of any Legal Requirements relating to the environment or
human health, are expressly within the scope of the indemnity set forth above.
C. If Permittee should contract any work on the Premises or subcontract any of its
obligations under this Permit, Permittee shall require each consultant,
subconsultant, contractor and subcontractor to indemnify, hold harmless and
defend City and its officers, officials, employees, agents, and volunteers in
accordance with the terms of this Section and meet all the insurance requirements
in this Permit or as determined by the City of Fresno Risk Manager or their
designee.
D. The provisions of this Section shall survive the termination or expiration of this
Permit.
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Section 5.02 Exemption.
Permittee hereby specifically warrants, covenants and agrees that City shall not be liable
for injury to Permittee's business or any loss of income therefrom or for damage to the
goods, wares, merchandise or other property of Permittee, Permittee's employees,
patrons, invitees, or any other person whomsoever, in or about the Premises, nor shall
City be liable for injury to the person of Permittee, Permittee's servants, agents,
employees, contractors, sub -contractors, tenants, sub-Permittees, customers, or invitees,
whether or not said damage 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 the said damage or injury results from conditions arising in
or on any part or all of the Premises or in or on any of the improvement(s) and facilities
appurtenant thereto located therein 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, except where such injury, damage, and/or loss shall have been
caused solely by the gross negligence or willful misconduct of City. 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 5.03Insurance.
A. Throughout the life of this Permit, Permittee 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 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 Permit), 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.
(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.
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(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) POLLUTION LIABILITY insurance with limits of liability of not less
than $1,000,000 per claim/occurrence and $2,000,000 aggregate.
In the event Permittee purchases an Umbrella or Excess insurance policy(ies) to
meet the minimum limits of insurance set forth above, this insurance policy(ies)
shall "follow form" and afford no less coverage than the primary insurance
policy(ies).
C. Permittee shall be responsible for payment of any deductibles contained in any
insurance policies required hereunder and Licensee 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 designee. At
the option of the City's Risk Manager or 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) Permittee shall provide
a financial guarantee, satisfactory to City's Risk Manager or 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.
D. 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 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, Permittee 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, Licensee shall provide a new
certificate, and applicable endorsements, evidencing renewal of such policy not
less than calendar days prior to the expiration date of the expiring policy.
E. The Airport Liability (or General Liability, if applicable), Aircraft Liability, Pollution
and Automobile Liability insurance policies shall be written on an occurrence form
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and shall name City, its officers, officials, agents, employees, and volunteers as
an additional insured. Such policy(ies) of insurance shall be endorsed so
Permittee'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.
F. Permittee 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
designee prior to City's execution of this Permit. Such evidence of insurance shall
be provided City at the following address:
City of Fresno
Airports Department
4995 E. Clinton Way
Fresno, CA 93727
Via email at FYIProperties@fresno.gov
G. Upon request of City, Permittee 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
Permit.
H. Any failure to maintain the required insurance shall be sufficient cause for City to
terminate this Permit. No action taken by City hereunder shall in any way relieve
Permittee of its responsibilities under this Permit.
I. 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 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
Permittee. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Permittee.
J. Permittee 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 Permittee 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. Permittee
shall give notice to its insurers that this waiver of subrogation is contained in this
Permit. This requirement shall survive termination or expiration of this Permit.
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SUBCONTRACTORS -If Permittee subcontracts any or all of the services to be
performed under this Agreement, Permittee 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, Permittee shall require and verify that
subcontractors maintain insurance meeting all the requirements stated herein and
Permittee shall ensure that CITY, its officers, officials, employees, agents, and
volunteers are additional insureds. The subcontractors' certificates and
endorsements shall be on file with Permittee, and CITY, prior to commencement
of any work by the subcontractor.
ARTICLE VI - OPERATING STANDARDS
In doing business at the city's airports, Permittee agrees to comply with each and every
one of the minimum standards affecting such business(es) as city may from time to time
adopt and promulgate. Moreover, in using the city's airports or conducting any operations
thereat or thereon, Permittee agrees to comply with all applicable rules and regulations
then in effect. Continued failure to comply with any minimum standard, rule or regulation
within a reasonable time after instruction by city to do so will constitute a material breach
of this Permit. This paragraph shall apply once Permittee begins conducting commercial
activity(ies) from the Permitted Premises or at the Airport.
Section 6.01 Designation of Local Representative By Permittee.
Permittee shall at all times retain in the local area a qualified, competent and experienced
representative to supervise its operations and authorized to represent and act for
Permittee in matters pertaining to the day-to-day conduct of Permittee's business
operations on the Premises. During any temporary periods of absence by said
representative, an alternate representative of Permittee with like authorization must be
present. Permittee shall at all times keep the Airports Director advised as to who
Permittee's authorized representative is and how immediate communication can be
established with that representative on a 24-hour basis in the event of an emergency.
Section 6.02 Quality of Service.
In entering into this Permit, City has foremost in mind providing the aviation public with
facilities and services of high quality, commensurate with the trade that is accustomed to
using contemporary airport facilities, and Permittee (together with its tenants and sub-
Permittees, if any) agrees to conduct its/their business in a proper and first-class manner
at all times. Permittee further agrees that any and all services provided by Permittee
and/or by Permittee's tenants and sub-Permittees at Airport shall at all times be rendered
in a prompt, clean, courteous, efficient, safe, and professional manner and that any and
all persons employed by Permittee, Permittee's tenants and sub-Permittees for the
purpose of providing any services shall at all times be professionally qualified and, as and
when required, properly trained, certified and/or licensed to so perform, and that the
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number of such persons shall at all times be adequate to meet the demand for such
services as shall be provided under authority hereof. This paragraph shall apply once
Permittee begins conducting commercial activity(ies) from the Permitted Premises or at
the Airport.
Section 6.03 Hours of Operation.
If Permittee begins service as a SASO, Permittee's services in and at the Premises shall
be available a minimum of forty (40) hours per week except for an annual vacation period
of not more than three weeks. This paragraph shall apply once Permittee begins
conducting commercial activity(ies) from the Permitted Premises or at the Airport.
Section 6.04 Outside Storage.
No materials, supplies, products, equipment or other personal property (other than
operational vehicles directly related to the business in regular use) shall be stored or
permitted to remain outside any approved buildings or structures except within approved
outside storage yards constructed by Permittee, at Permittee's cost and expense, so as
to meet the requirements and standards of this Permit and City's Development
Department.
Section 6.05 Signs.
A. Company Signs. The location, size, shape, construction, materials and general
appearance of any and all signs to be installed on any portion of the Premises so
as to be exposed to public view shall be subject to the prior written approval of
Director before installation.
B. Other Authorized Signs. Permittee may also post other signs and notices as may
be required by legal authority or operational prudence, such as, but not limited to,
airport security notices, safety hazard warnings, directional and warning signs for
aircraft and surface vehicle traffic, etc. Such signs will be limited to those which
are required or prudent, will be no larger than is required in order to be seen by the
intended viewer, and, in all cases, shall be neatly prepared and installed, have a
finished and professional appearance, and be maintained in such condition as long
as they are in place.
C. Commercial Advertising Signs. Permittee shall not suffer or permit to be installed
upon or maintained on the Premises, or on the outside of any improvements
located thereon, any billboards or commercial advertising signs of any type
whatsoever.
D. Used or Temporary Buildings/Structures. No used buildings/structures and/or
temporary buildings/structures may be moved onto or installed on the Premises.
E. Liability for damage. Permittee shall be liable for and shall promptly repair any
damage to the Premises where such damage shall be caused by any act or
omission on the part of Permittee, Permittee's employees, contractors, agents,
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representatives, tenants, sub-Permittee's, customers, or invitees. Permittee shall
also be liable for and shall promptly repair any damage to other airport
Premises/facilities where such damage shall be caused by any act or omission on
the part of Permittee, Permittee's employees, contractors, agents, or
representatives. Should Permittee fail or be unable to promptly effect any such
repairs within thirty days following City's notice of the need therefor, City shall have
the right to make such repairs, and Permittee agrees to reimburse City for all costs
of such repairs, including administrative costs, within thirty days following City's
providing Permittee with a bill for such costs.
ARTICLE VII - DESTRUCTION OF IMPROVEMENTS
Section 7.01 General.
In the event that any improvements located in or on the Premises shall be partially or
totally destroyed at any time during the term hereof, the respective rights and obligations
of the parties hereto with respect to reconstructing, re -building, restoring and/or repairing
such improvements, and/or with respect to the matter of the continuance or termination
of this Permit following such destruction, shall be controlled by the provisions of this
Article, and Permittee shall notify Director of any instance of destruction of or major
damage to such improvements immediately upon Permittee's becoming aware of any
such occurrence.
Section 7.02 Definitions and Remedies.
For the purposes of this Article of this Permit, the following definitions and remedies
shall apply:
A. "Partial Destruction". The term "partial destruction", as used herein, shall be
deemed to mean a destruction of improvements to such an extent that the total
costs of reconstructing/restoring/repairing/ replacing the improvements, to as good
a condition of habitability and/or usability (for those certain uses herein authorized
and intended therefor) as existed immediately prior to the occurrence of any such
destruction, shall not exceed fifty percent (50%) of the total replacement cost of all
of the improvements located in and on the Premises as of the date immediately
preceding the date of such destruction. In the event of Partial Destruction, subject
to subsection C below, City may agree to restore the Premises and Permittee shall
remain in possession without abatement of rent, or either party may terminate this
Permit in the manner provided herein.
B. "Total Destruction". The term "total destruction", as used herein, shall be deemed
to mean a destruction of improvements to such an extent that the total costs of
reconstructing/restoring/repairing/ replacing the destroyed improvements, to as
good a condition of habitability and/or usability (for those certain uses herein
authorized and intended therefor) as existed immediately prior to the occurrence
of any such destruction, shall exceed fifty percent (50%) of the total replacement
cost of all of the improvements located in and on the Premises as of the date
immediately preceding the date of such destruction. In the event of Total
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Destruction, subject to subsection C below, City may agree to restore the Premises
and Permittee's rent shall abate for such period, or either party may terminate this
Permit in the manner provided herein.
C. Partial or Total Destruction as the Result of Willful Misconduct on the Part of
Permittee. In the event any or all of the improvements located in or on any part or
all of the Premises shall, at any time during the term hereof, suffer either partial or
total destruction, if such destruction shall be caused by a casualty not covered
under any insurance policy(ies) maintained by Permittee, and shall be the result of
any willful misconduct on the part of Permittee, this Permit shall continue in full
force and effect, without any abatement of rental, and Permittee shall, at
Permittee's cost and expense, promptly commence the reconstruction, restoration,
replacement, and/or repair of such improvements and shall diligently prosecute
and complete such reconstruction, restoration, replacement, and/or repair, within
a reasonable period time, so as to restore said improvements to as good or better
condition of habitability and/or usability (for those certain uses herein authorized
and intended therefor) as existed immediately prior to the occurrence of any such
destruction.
ARTICLE VIII - ASSIGNMENT, SUBLEASING, AND HYPOTHECATION, TRANSFER
AND ASSIGNMENT BY DEED OF TRUST
Section 8.01 General.
Nothing within this Permit contained shall be deemed to allow Permittee or Permittee's
successors or assigns, either voluntarily or by operation of law, to hypothecate,
encumber, sell, assign, surrender, or otherwise transfer this Permit, in whole or in part; or
to hypothecate, encumber, sell, assign, surrender, or otherwise transfer, in whole or in
part, any of Permittee's rights, title and/or interests in or to any part or all of the Premises
and/or in or to any part or all of the improvements and appurtenances which existed
therein or thereon at the commencement of the term hereof or which may, at any time
and from time to time, be constructed/installed therein or thereon during the term of this
Permit; or to rent, sublet or otherwise permit/allow/suffer occupancy and/or use of any
part or all of the Premises by any person or entity, other than Permittee, except with the
Director's prior express written consent.
Section 8.02 Assignment.
A. Assignment: Permittee may not and shall not sell, transfer or make any
assignment of this Permit to any other person(s) or entity(ies) whomsoever without
the prior written consent of City and any purported/attempted sale, transfer and/or
assignment of this Permit, following Permittee's fulfillment of such obligations,
without such advance written consent, shall be null and void and shall constitute a
breach of this Permit. Any person or entity to whom this Permit is sold, transferred
or assigned shall be required to comply with and fulfill all terms and conditions of
this Permit.
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City shall not be obligated to consent to and shall not consent to any sale,
transfer and/or assignment of this Permit by Permittee to any other person
or entity whomsoever where Permittee shall be in default of any of its
obligations thereunder as of the date on which Director's consent to the
sale, transfer and/or assignment would have otherwise been given.
B. City's Director consenting to any such actions shall not constitute a waiver of the
conditions, limitations, and restrictions of this Article relative to further or other such
actions, which conditions, limitations, and restrictions apply to each and every sale,
transfer and/or assignment hereof and shall be binding upon each and every
transferee, assignee, and/or other successor in interest of Permittee.
Section 8.03 Subleasing.
A. Sub -Leasing. Permittee may not and shall not sub -Permit any part or all of the
Premises to any other person(s) or entity(ies) whomsoever without the prior written
consent of City's Director, and any attempted/purported sub -leasing without such
advance written consent shall be null and void and shall constitute a breach of this
Permit.
1. Neither the provisions of any sub -Permit consented to by City nor the fact
that City consented to any sub -Permit shall, in any way whatsoever, be
deemed to relieve Permittee of any one or more of Permittee's obligations
under this Permit.
2. City's Director consenting to any sub -Permit shall not constitute a waiver of
any one or more of the conditions, limitations, and restrictions in this Article
relative to further or other sub -Permit agreements, which conditions,
limitations and restrictions shall apply to each and every sub -Permit and
shall be binding upon each and every sub-Permittee, assignee, transferee,
and/or any other successor in interest of Permittee.
3. City's Director shall have the right to withhold its consent to any sub -Permit
where Permittee shall be in default of any of its obligations under this Permit
as of the date on which City's consent to the sub -Permit would otherwise
have been given.
B. Form of Sub -Permits. Any Sub -Leasing of any part or all of the Premises by
Permittee to any other person or entity shall be effected by means of a written sub -
Permit agreement prepared in a generally accepted contract form and executed
by both Permittee (as sub -City) and the sub-Permittee named therein.
C. Use of Premises by Sub-Permittees. No Sub -Permit entered into by Permittee
concerning any part or all of the Premises shall authorize or allow any Sub-
Permittee to use any part or all of the sub -Permitted portion(s) of the Premises for
any uses/purposes/activities other than those certain uses/purposes/ activities
authorized and intended therefore within Section 3.02 of Article III, hereof.
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D. Term of Sub -Permits. Permittee may not and a shall not sub -Permit any part or all
of the Premises for any term extending beyond the day immediately preceding the
ending date of the term of this Permit and any extension thereof.
E. Merger. Pursuant to the provisions of Section 11.11 of this Permit, the voluntary
or other surrender of this Permit by Permittee, or a mutual cancellation hereof, or
a termination by City, or an automatic termination, or termination by a court of
competent jurisdiction, or any other termination hereof shall not work a merger,
and shall, at City's option, terminate any or all existing sub -Permits/ -tenancies; or
may, at the option of City, operate as an assignment to City of any or all such sub -
Permits/ -tenancies.
F. Priority of Instruments. Whether or not such be clearly evidenced by an
appropriate provision within any sub -Permit made and entered into by and
between Permittee and any other person or entity concerning any part or all of the
Premises (and notwithstanding the absence of any such evidence within any sub -
Permit consented to by City) any and all sub- Permits shall be subject to any and
all of the terms, covenants, conditions, prohibitions, limitations, reservations,
restrictions, warranties, agreements, and provisions of this Permit and to any and
all rights and interests of City therein and thereto, none of which shall be deemed
to be waived by any consent of City to any such sub -Permit. Neither the intent nor
language of any sub -Permit entered into by and between Permittee and any other
person(s) or entity(ies) concerning any part or all of the Premises shall conflict with
any of the terms, covenants, or conditions of this Permit and, in the event of any
conflict between the provisions of this Permit and the provisions of any such sub -
Permit, the provisions of this Permit, in each and every instance, shall control.
G. Notice by Permittee. Not less than thirty days prior to the start date of the term of
any sub -Permit agreement, Permittee shall provide City with written notice of
Permittee's intent to sub -Permit that certain portion of the Premises identified
within the particular Sub -Permit for which City's consent shall be requested. Any
and all such notices shall be accompanied by a non -returnable, full, complete and
fully executed copy of the sub-Permit(s) involved and shall contain Permittee's
request for City's consent thereto in writing.
H. Amendments. Once City's consent shall be given for any particular sub -Permit,
that sub -Permit may not and shall not be modified in any way whatsoever other
than in writing, signed by the parties in interest at the time of the modification, and
any such modification shall be null and void unless approved by City, in writing,
prior to the effective date thereof.
Section 8.04 Hypothecation, Transfer, and Assignment By Deed Of Trust.
A. General. Nothing within this Permit contained shall, in any way whatsoever, be
deemed to allow Permittee or Permittee's successors or assigns to mortgage,
pledge, hypothecate, or otherwise encumber either this Permit, any part or all of
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the Premises, or any one or more of the improvements located anywhere in or on
said Premises, except as may be approved by City.
B. City's Consent. Neither Permittee nor any buyer or purchaser may hypothecate,
transfer, encumber and/or assign this Permit and Permitted estate, in whole or in
part, by any deed of trust without first obtaining the written consent of City in
advance, and any attempted or purported hypothecation, transfer, , encumbrance
and/or assignment of this Permit by deed of trust (or otherwise) without such
consent shall be null and void and shall constitute a breach of this Permit.
C. City's Consent Given/Accepted Subject to Terms, Covenants, Conditions,
Agreements and Provisions of Permit. In the event City shall give its consent in
writing to any hypothecation, transfer, encumbrance and/or assignment of this
Permit and the Permitted estate by any deed of trust to any reputable lender as
security for repayment of a loan made pursuant to the provisions of this article,
such consent shall be deemed to be given by City (and accepted by the particular
lender/beneficiary concerned) subject to and/or conditioned upon all of the
covenants, conditions, warranties, terms, agreements and provisions of this Permit
applicable thereto.
D. City's Consent Not a Waiver of Any of City's Rights and Interests.
1. Except as may otherwise be expressly set forth within City's written consent
thereto, any and all such trust deeds and any and all of the rights acquired
by any and all persons or entities thereunder shall be subject to all of the
terms, covenants, conditions, reservations, restrictions, prohibitions,
limitations, warranties, agreements, and provisions of this Permit, and to
any and all of the rights and interests of City therein and thereto, none of
which shall be waived by any such consent.
2. City's consenting to any such action shall not constitute a waiver of the
conditions, limitations, and restrictions set forth within this Permit relative to
further or other such actions, which conditions, limitations, and/or
restrictions shall be binding upon each and every assignee, transferee or
other successor in interest of Permittee.
E. Request for City's Consent During a Period When Permittee is in Default. City
shall have the right to withhold its consent to any deed of trust where Permittee
shall be in default of any of its obligations under this Permit as of the date on which
City's consent to assignment by the deed of trust would have otherwise been given,
provided that Permittee was notified of default, and failed to cure within the time
required.
Section 9.01 Default By City.
ARTICLE IX - DEFAULT
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City shall work to fulfill obligations required of City under the Permit within a reasonable
period of time.
Section 9.02 Default By Permittee.
A. Defaults. The occurrence of any of the following events shall constitute a material
default and breach of this Permit by Permittee:
1. The vacating or abandonment of the Premises by Permittee.
2. The failure by Permittee to use the Premises for lawful purposes only and/or
failure by Permittee to comply with or observe any statute, law, ordinance,
rule, regulation, standard or requirement of any federal, state, or local
government entity with respect to Permittee's occupancy(ies) and/or use(s)
of any part or all of the Premises, as such statutes, laws, ordinances, rules,
regulations, standards or requirements exist(ed) on the commencement
date of the term of this Permit or as such may exist at any time and from
time to time during the term thereof, where any such failure shall be
evidenced by either a finding or judgment of any court of competent
jurisdiction or where any such shall be admitted by Permittee in any
proceeding brought against Permittee by any government entity.
3. The inability of and/or failure by Permittee to obtain, pay for, and maintain
in full force and effect at all times during the term of this Permit, without any
lapse in coverage, such insurance as shall be required of Permittee
thereunder.
4. The occurrence of any of the following:
a. Permittee's becoming insolvent, or failing in business, or the making
by Permittee of any general arrangement or an assignment for the
benefit of creditors;
b. The filing by or against Permittee of a petition to have Permittee
adjudged a bankrupt or a petition for reorganization or arrangement
under any law relating to bankruptcy (Unless, in the case of a petition
filed against Permittee, the same is dismissed within sixty days);
c. The appointment of a receiver to take possession of substantially all of
Permittee's assets located in or on the Premises or of Permittee's
interest in this Permit, where possession is not restored to Permittee
within thirty days; or
d. The attachment, execution or other judicial seizure of substantially all
of Permittee's assets located in or on the Premises or of Permittee's
interest in this Permit, where such seizure in not discharged within
thirty days.
5. The discovery by City that any financial statement provided City by
Permittee, any assignee of Permittee, any successor in interest of
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Permittee, or any guarantor of Permittee's obligations under this Permit,
and/or any one or more of such persons or entities, was materially false.
6. Any hypothecation, encumbrance, sale, assignment, or transfer of either
this Permit, in whole or in part; or of any of Permittee's rights, title and
interests in or to any part or all of the Premises and/or in or to any part or
all of the improvements and appurtenances thereto which exist(ed) therein
or thereon at the commencement of the term of this Permit or which may at
any time and from time to time be constructed/ installed therein or thereon
during the thereof where such action(s) shall not be in full conformity with
any and all of the provisions of this Permit applicable thereto; or any
attempted/purported renting, subletting or permitting occupancy of any part
or all of the Premises by any person or entity other than Permittee.
7. The failure by Permittee to make any payment of rent or any other required
payment, as and when due under this Permit, where such failure shall
continue for a period of ten days following service of notice thereof upon
Permittee by City.
8. The failure by Permittee to keep, observe, undertake, fulfill, or perform any
of the terms, covenants, conditions, warranties, agreements, obligations,
and/or provisions of this Permit to be kept, observed, undertaken, fulfilled,
and/or performed by Permittee, other than those hereinabove , where such
failure shall continue for a period of thirty days following service of written
notice thereof upon Permittee by City, pursuant to this Permit; provided,
however, that if the nature of Permittee's default is such that more than thirty
days are reasonably required for its cure, then Permittee shall not be
deemed to be in default and breach of this Permit if Permittee commences
such cure within said thirty day period and thereafter diligently prosecutes
such cure to completion as soon as reasonably possible.
B. City's Remedies.
1. Abandonment: If Permittee abandons the Premises, this Permit shall
continue in effect. City shall not be deemed to terminate this Permit as a
result of such material default and breach other than by written notice of
termination served upon Permittee by City, and City shall have all of the
remedies available to City under Section 1951.4 of the Civil Code of the
State of California so long as City does not terminate Permittee's right to
possession of the Premises, and City may enforce all of City's rights and
remedies under this Permit, including the right to recover the rent as it
becomes due under this Permit. After abandonment of the Premises by
Permittee, City may, at any time thereafter, give notice of termination.
2. Termination: Following the occurrence of any material default and breach
of this Permit by Permittee as set forth within this Section, above, City may
then immediately, or at any time thereafter, terminate this Permit by service
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of a minimum of ten days advance written notice to such effect upon
Permittee and this Permit shall terminate at 11:59:59 p.m., on the
termination date specified within such notice.
3. Such notice shall set forth the following:
a. The default and breach which resulted in such termination by City; and
(a.) A Demand For Possession, which, in the event only ten days
advance notice shall be given by City, shall be effective at 12:00:01
A.M., on the eleventh calendar day following the date on which the
notice in which such demand is contained shall be sufficiently
served upon Permittee by City in conformity with the Notice
provisions of this Permit; or, if more than the minimum number of
days advance notice shall be given, at 12:00:01 a.m., on the next
day following the date specified within such notice as being the
date of termination hereof.
(b.) Such notice may contain any other notice which City shall be
required or desire to give under this Permit.
4. Possession: Following termination of this Permit by City pursuant to the
provisions of this Section, without prejudice to other remedies City may
have by reason of Permittee's default and breach and/or by reason of such
termination, City may:
(a.) Peaceably re-enter the Premises upon voluntary surrender thereof
by Permittee or remove Permittee and/or any other persons and/or
entities occupying the Premises therefrom, using such legal
proceedings as may be available to City under the laws or judicial
decisions of the State of California;
(b.) Repossess the Premises or re -let the Premises or any part thereof
for such term (which may be for a term extending beyond the term of
this Permit) at such rental and upon such other terms and conditions as
City in City's sole discretion shall determine, with the right to make
reasonable alterations and repairs to the Premises; and
(c.)Remove all personal property therefrom and store all personal property
not belonging to City in a public warehouse or elsewhere at the cost of
and for the account of Permittee.
5. Recove : Following termination of this Permit by City pursuant to the
provisions above, City shall have all the rights and remedies available to
City under Section 1951.2 of the Civil Code of the State of California. The
amount of damages City may recover following such termination of this
Permit shall include:
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(a.) The worth at the time of award of the unpaid rent which had been
earned at the time of termination of this Permit;
(b.) The worth at the time of award of the amount by which the unpaid
rent which would have been earned after termination of this Permit until
the time of award exceeds the amount of such rental loss that Permittee
proves could have been reasonably avoided;
(c.)The worth at the time of award of the amount by which the unpaid rent
for the balance of the term after the time of award exceeds the amount
of such rental loss for the same period Permittee proves could be
reasonably avoided, and
(d.) Any other amount necessary to compensate City for all the detriment
proximately caused by Permittee's failure to perform Permittee's
obligations under this Permit or which in the ordinary course of things
would be likely to result therefrom.
6. Additional Remedies: Following the occurrence of any material default and
breach of this Permit by Permittee as set forth within this Article, above, in
addition to the foregoing remedies, City may maintain Permittee's right to
possession, in which case this Permit shall continue in effect whether or not
Permittee shall have abandoned the Premises and, so long as this Permit
is not terminated by City or by a decree of a court of competent jurisdiction,
City shall be entitled to enforce all of City's rights and remedies under this
Permit, including the right to recover the rent as it becomes due thereunder
and, during any such period, City shall have the right to remedy any default
of Permittee, to maintain or improve the Premises without terminating this
Permit, to incur expenses on behalf of Permittee in seeking a new
Permittee, to cause a receiver to be appointed to administer the Premises,
and to add to the rent payable hereunder all of City's reasonable costs in so
doing, with interest at the maximum reasonable rate then permitted by law
from the date of such expenditure until the same is repaid.
7. Other: In the event Permittee causes or threatens to cause a breach of any
of the covenants, terms or conditions contained in this Permit, City shall be
entitled to obtain all sums held by Permittee, by any trustee or in any
account provided for herein, to enjoin such breach or threatened breach and
to invoke any remedy allowed at law, in equity, by statute or otherwise as
though re-entry, summary proceedings and other remedies were not
provided for in this Permit.
8. Cumulative Remedies: Each right and remedy of City provided for in this
Article or now or hereafter existing at law, in equity, by statute or otherwise
shall be cumulative and shall not preclude City from exercising any other
rights or from pursuing any other remedies provided for in this Permit or now
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or hereafter available to City under the laws orjudicial decisions of the State
of California.
9. Indemnification: Nothing contained within this Article affects the right of City
to indemnification by Permittee, as elsewhere within this Permit provided,
for liability arising from personal injuries or property damage prior to the
termination of this Permit.
ARTICLE X - NOTICES
Section 10.01 Written Notices Required.
All notices required to be served by City and Permittee, one upon the other, under the
terms of this Permit shall be in writing.
Section 10.02 Permittee's Address For Notices.
All notices or demands of any kind which City shall have cause to serve upon Permittee
under the terms of this Permit shall be serves upon Permittee by mailing a copy thereof
by certifies 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:
New Vision Aviation, Inc.
P.O. Box 27067
Fresno, CA 93729
Section 10.03 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
4995 East Clinton Way
Fresno, CA 93727-1525
Section 10.04 Time And Date of Service.
In the event of any service of notice or demand by mail, as above said, such notice or
demand shall be deemed to have been sufficiently served as of 12:00:01 a.m., on the
fourth calendar day following the date of deposit in the United States mail of such certified
or registered mail properly addressed and postage prepaid.
ARTICLE XI - GENERAL PROVISIONS
Section 11.01 Executor's Authority.
Each individual executing this Permit on behalf of New Vision Aviation, Inc., represents
and warrants that he/she is duly authorized to execute and deliver this Permit on behalf
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of said Company in accordance with its governing documents including articles of
incorporation and bylaws, and that this Permit is binding upon said Company in
accordance with its terms.
Section 11.02 Interpretation of Permit.
Nothing contained within this Permit 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 Airport property, or in any manner waiving or limiting City's control over
the operation, maintenance, etc., of Airport property or in derogation of such
governmental rights as City possesses, except as is specifically provided for within this
Permit.
Section 11.03 Waiver of Breach Of Covenants.
No waiver of any default or breach of any covenant by either party to this Permit shall be
implied from any omission by either party to take action on account of such default if such
default persists or is repeated, and no express waiver shall affect any default other than
the default specified in the waiver, and then said waiver shall be operative only for the
time and to the extent therein stated. The waiver by either party hereto of any breach of
any term, covenant, or condition herein contained shall not be deemed to be a waiver of
any subsequent breach of the same covenant, term or condition or of any other term,
covenant or condition contained within this Permit. The subsequent acceptance of rent,
fees and/or other charges hereunder by City shall not be deemed to be a waiver of any
preceding breach by Permittee of any term, covenant or condition of this Permit, other
than the failure of Permittee to pay the particular rental, fees and/or other charges so
accepted, regardless of City's knowledge of such preceding breach at the time of
acceptance of such rent, fees or other charges. The exercise of any right or option or
privilege under this Permit by City shall not prevent City from exercising any and all other
rights, privileges and options hereunder, and City's failure to exercise any right, option or
privilege under this Permit shall not be deemed a waiver of said right, option or privilege,
nor shall it relieve Permittee from Permittee's obligation to perform each and every
covenant and condition on Permittee's part to be performed hereunder, nor from damages
or other remedy for failure to perform or meet the obligations of this Permit. The consent
or approval by either party to or of any act by either party requiring further consent or
approval shall not be deemed to waive or render unnecessary their consent or approval
to or of any subsequent similar acts.
Section 11.04 Venue and Litigation.
a. This Permit, and the rights and obligations of the parties thereto, shall be
construed, interpreted, and enforced 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.
B. In any action or proceeding which City or Permittee may be required to prosecute
to enforce its respective rights under this Permit, the unsuccessful party therein
agrees to pay all costs incurred by the prevailing party therein, including
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reasonable interest and attorneys' fees, to be fixed by the court, and said costs,
interest, and attorneys' fees shall be made a part of the judgment in said action.
Section 11.05 Liens and Claims.
Permittee shall not suffer or permit to be enforced against City's title to the Premises, or
any part thereof, any lien, claim or demand arising from any work of construction, repair,
restoration, maintenance or removal as herein provided, or otherwise arising (except
liens, claims or demands suffered by or arising from the actions of City), and Permittee
shall pay all such liens, claims and demands before any action is brought to enforce same
against said Premises; and Permittee agrees to hold City and said Premises free and
harmless from all liability for any and all such liens, claims or demands, together with all
costs and expenses in connection therewith. City shall have the right at any time to post
and maintain on said Premises such notices as may be necessary to protect City against
liability for all such liens, claims and demands.
Section 11.06 Successors and Assigns.
Subject to such limitations and/or requirements as may elsewhere within this Permit be
set forth with regard to Permittee's sub -leasing any part or all of the Premises or with
regard to either Permittee's assigning this Permit or Permittee's pledging, mortgaging,
hypothecating, or otherwise encumbering this Permit or any of Permittee's rights, title
and/or interests thereunder, this Permit and all of the terms, covenants, conditions,
stipulations, warranties, prohibitions, limitations, reservations, restrictions, agreements,
and provisions therein contained shall extend to and bind the legal representatives,
successors and assigns of the respective parties hereto.
Section 11.07 Invalid Provisions.
In the event any 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 non -enforceability 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 11.08 Captions and Article/Section/Paragraph Numbers.
The captions, article numbers, section and sub -section numbers, paragraph and sub-
paragraph numbers and/or alphabetical identifiers and index appearing in this Permit are
inserted solely for the purpose of convenience in reference and in no way define, limit,
construe, or describe the scope or intent of such articles, sections, sub -sections,
paragraphs or sub -paragraphs of this Permit nor in any way whatsoever affect this Permit.
Section 11.09 Covenants and Conditions.
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Each provision of this Permit performable by Permittee shall be deemed both a covenant
and a condition.
Section 11.10 Consents/Approvals.
Wherever in this Permit the consent/approval of one party is required to an act of the
other party, such consent/approval shall not be unreasonably withheld or delayed.
Section 11.11 Merger.
The voluntary or other surrender of this Permit by Permittee, or a mutual cancellation
hereof, or a termination by City, or an automatic termination, or termination by a court of
competent jurisdiction, or any other termination hereof shall not work a merger, and shall,
at the option of City, terminate any or all existing Sub -Permits/ -Tenancies or may, at the
option of City, operate as an assignment to City of any or all such Sub -Permits/ -
Tenancies.
Section 11.12 Cumulative Remedies.
No remedy or election under this Permit shall be deemed exclusive but shall, wherever
possible, be cumulative with all other remedies at law or in equity.
Section 11.13 Prior Agreements.
Amendments: This Permit and those certain Exhibits attached hereto and made a part
hereof by reference herein contain all agreements of the parties with respect to any matter
mentioned herein. No prior agreement or understanding pertaining to any such matter
shall be effective. This Permit may not be amended or otherwise modified in any way
whatsoever, except in writing signed by the parties. Except as otherwise stated in this
Permit, Permittee acknowledges that neither City nor City's officers, employees or agents
has made any oral or written warranties or representations to Permittee relative to the
condition or use by Permittee of the Premises and Permittee acknowledges that Permittee
assumes all responsibility regarding the Occupational Safety Health Act, the legal use
and adaptability of the Premises, and the compliance thereof with all applicable laws and
regulations in effect during the term of this Permit except as otherwise specifically stated
in this Permit.
Section 11.14 Quiet Possession.
Upon Permittee paying the rental, fees and/or other charges reserved under this Permit
and keeping, observing and/or performing all of the covenants, conditions, warranties,
promises, agreements, and/or provisions on Permittee's part to be kept, observed and/or
performed thereunder, Permittee shall have quiet possession of the Premises during the
full term of this Permit, and any extensions thereto, subject to all of the provisions of this
Permit.
Section 11.15 Time Of Essence.
Time is of the essence with respect to this Permit and matters therein contained.
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Section 11.16 Review/Examination of Permit.
Submission of the instrument by City for review /examination or signature by Permittee
does not constitute a reservation of or option to Permit, and the instrument is not effective
as a Permit or otherwise, unless and until execution and delivery by both City and
Permittee.
Section 11.17 Accord and Satisfaction.
No payment by Permittee or receipt by City of a lesser amount than the rent, fees and/or
charges payment(s) due to be made by Permittee under this Permit shall be deemed to
be other than on account of the rent, fees and/or charges due, and no endorsement or
statement on any check or in any letter accompanying any check or payment as rent, fees
and/or charges shall be deemed an accord and satisfaction, and City may accept such
check or payment without prejudice to City's right to recover the balance of such rent,
fees and/or charges or to pursue any other remedy provided in this Permit.
Section 11.18 National Emergency and Condemnation/Eminent Domain.
A. Total Taking/Condemnation of Permitted Premises: In the event that the
Government of the United States takes over the operation of the Airport, or any
part thereof which shall include all of the Premises, by requisition or other unilateral
action as the result of a national emergency or otherwise, the Permit shall
terminate as of the effective date of any such taking; or, if all of the Premises shall
be taken by public authority pursuant to condemnation actions(s) under the laws
of eminent domain, the Permit shall terminate as of the date of title vesting in such
proceeding.
1. Upon termination of this Permit as a result of either of the events
hereinabove described within this Section, the parties hereto shall be
relieved of any and all obligations, one to the other, hereunder, not accrued
to the date of such termination and City shall promptly return, on a prorated
basis, any then unearned rent theretofore paid by Permittee under this
Permit.
2. City shall not be liable to Permittee for any injury to Permittee's business or
loss of income or any other injury or loss suffered by Permittee as a result
of any such taking and/or termination.
B. Partial Taking/Condemnation of Permitted Premises: In the event that only a part
of the Premises shall be taken as a result of any of those actions described in this
Section, and if such taking and the reasons therefore shall not constitute a bar to
Permittee's continued beneficial occupancy and use of that/those portion(s) of the
Premises not so taken, where such taking may reasonably be deemed to not
adversely affect Permittee's commercial business operations therein and thereon
to a significant extent/degree, this Permit shall continue in full force and effect and
that/those certain parcel(s) of land so taken shall be automatically deleted from the
Premises Permitted by City to Permittee thereunder, as of the date of such taking
and/or title vesting.
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C. Awards: In the event that all or part of the Premises shall be taken as a result of
any of those actions described in this Section, above, the rights of the parties
hereto with respect to such award(s) as shall be paid for such taking shall be as
follows:
1. City shall be entitled to the entire amount of any and all compensation
awarded by reason of the taking of the Permitted land and any and all City -
owned improvements then located therein or thereon and Permittee waives
any right or claim to any part thereof from City or the condemning authority.
2. Subject to the provisions of this Section, below, Permittee shall have the
right to claim and recover from the condemning authority such
compensation as may be separately awarded or recoverable by Permittee
in Permittee's own right on account of:
a. The taking of or injury to any Permittee-owned improvements then
located on the Permitted land, including the value of the then existing
Permitted interest therein and thereto, to the extent of Permittee's
interest therein, based on the value of the then remaining unexpired
portion of the term of this Permit, as said value shall be determined
in the proceedings for the taking of such operations and awarding
such compensation; and
b. Any and all cost or loss (including loss of business) which may be
incurred by Permittee as a result of Permittee's having to remove
Permittee's personal property (including merchandise, furniture,
trade fixtures and equipment) to a new location.
D. Payments to Encumbrancers: Any compensation which would otherwise be
payable to Permittee under this Section, above, shall be paid directly to any known
lawful encumbrancer of the Permitted interest, to the extent of such encumbrance.
E. Notice and Execution: Upon service of process upon City in connection with either
any taking over of Airport by the United States Government or any condemnation
or potential condemnation, City shall immediately give Permittee notice thereof in
writing. Permittee shall immediately execute and deliver to City any and all
instruments which may be required to fully effectuate any and all of the provisions
of this Article if, as and when any such instruments shall be required of Permittee.
Section 11.19 Relationship of Parties.
Nothing contained in this Permit shall be deemed or construed by the parties or by any
third persons to create the relationship of principal and agent or of partnership or joint
venture between City and Permittee.
[Signatures on following page]
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ARTICLE XII — SIGNATURE
IN WITNESS WHEREOF, City has caused this Permit to be executed by its duly
authorized officer, and Permittee has caused the same to be executed by its duly
authorized person(s)/officer(s) with signature(s) notarized, all as of the day and year first
above written.
CITY OF FRESNO
A iaipaiZorporation
Ri;,lR.1't� Tt KySOV/15/2022
By. 06 a E64604FI
Henry Thompson, I.A.P, AAE
Director of Aviation
APPROVED AS TO FORM:
Andrew Janz
City c+VbaRed by:
1 j � LA, �W
By: IM5444CAAadp6.
12/15/2022
Brandon M. Collet Date
Supervising Deputy City Attorney
ATTEST:
Todd Stermer, CMC
City k-sigacd by:
` i" [� 12/16/2022
By: 6ca saaaazoss4Ea
Date
Deputy
Attachments:
NEW VISION AVIATION, INC.
A 50 &NenaWofit Charitable Organization
JbSt L N," 12/13/2022
By: h. 8CS5646r
Name:
]oseph Oldham
Title: President/CEO
(If corporation or LLC., Board Chair, Pres.
�tOM t,{V'A.t, SK,&2/14/2022
By:
Dionnetrae Smith
Name:
Title:
CFO
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Exhibit A - Plans and Descriptions of Permitted Premises
Exhibit B - Assurances Required By the Federal Aviation Administration
Exhibit C - Example Rental Rate Adjustment Sheet
Exhibit D - Fresno Chandler Executive Airport Minimum Standards
Exhibit E - Conflict of Interest Form
Exhibit F — Airport Badging Application
[43]
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EXHIBIT "A"
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EXHIBIT "B"
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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.
1. 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
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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.1
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.1 z
f. National Historic Preservation Act of 1966 — Section 106 — 54 U.S.C. § 306108.1
g. Archeological and Historic Preservation Act of 1974— 54 U.S.C. § 312501, et seq.1
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.1
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.1
s. Powerplant and Industrial Fuel Use Act of 1978 — Section 403 — 42 U.S.C. § 8373.1
t. Contract Work Hours and Safety Standards Act —40 U.S.C. § 3701, et seq.1
u. Copeland Anti -kickback Act —18 U.S.C. § 874.1
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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 Govern mentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. a,s
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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g. 28 CFR Part 35 — Nondiscrimination on the Basis of Disability in State and Local Government
Services.
28 CFR § 50.3 — U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
29 CFR Part 1— Procedures for Predetermination of Wage Rates.'
j. 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 5 — 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.'.'
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.
b. 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.
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.
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.
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.
h. 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.
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.
a. 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.
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.
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:
a. 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;
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.
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
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 grant or 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.
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.
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-checiklist. df) 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.
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"
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
FRESNO YOSEMITE
INTERNATIONAL AIRPORT
NOTICE OF ANNUAL RENTAL ADJUSTMENT
(Based on USDLBLS Consumer Price Index
for Urban Wage Earners and Clerical Workers - FRESNO CHANDLER EXECUTIVE AIRP,
ALL ITEMS, U.S. CITY AVERAGE) j LEASE AGREEMENT
7/2/2018 11:40 DATE: 7/2/2018 1'.
RE: John Tomaino, American Helicopters
LEASE AND AGREEMENT ANNUAL RENTAL ADJUSTMENT CON
FOR LEASE YEAR COMMEI
March 1, 2018
The rental adjustment calculation shown to the right
was completed in keeping with the intent of the USDLBLS CPI - JAN-DEC., 2016 ...........
agreement for John Tomaino at 612 W Kearney, USDLBLS CPI - JAN-DEC., 2017 ...........
Fresno CA j AMOUNT OF CPI CHANGE ...........
PERCENTAGE CPI CHANGE ...........
CURRENT ANNUAL RENTAL ...........
THE CITY OF FRESNO - AIRPORTS DEPARTMENT AMOUNT r), 4 TMENT ...........
ANDS PVN
A I.AL ...........
American Helicopters - - ------------- --------------_-- _.. --_--------
per Amendment 3 (5/2017) I NEW MbNTHLY RENTAL
EFFECTIVE March 1, 2018
EFFECTIVE March 1, 2018
I
ANNUAL RENTAL WILL BE: $12,732.75
Monthly Rent will be: $1,061.06
Prepared by:
I
If you have any questions concerning this matter,
please contact the undersigned at (559) 621-4543.
NOTES:
Melissa A. Garza -Perry
Airports Properties Supervisor j
City of Fresno - Airports Administration j
1
CITY OF FRESNO - AIRP
PROPERTIES SECTION
4995 E. CLINTON WAY
FRESNO, CA 93727-15
TELEPHONE: (559) 621
* PER USDL/BLS
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EXHIBIT "D"
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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.
Exhibit "D"
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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
Exhibit "D"
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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
Exhibit "M
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
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
Exhibit "M
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
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.
Exhibit "D"
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
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.
Exhibit "M
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
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
Exhibit "M
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
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.
Exhibit "D"
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
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.
Exhibit "D"
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
(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
Exhibit "D"
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
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.
Exhibit "D"
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
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.
1 & 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
Exhibit "D"
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
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.
1. Application of this Section 5
Exhibit "D"
DocuSign Envelope ID: 4FCA6732-D237-4A33-AF2E-943543F77E07
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.
Exhibit "M
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
• 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
Exhibit "D"
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
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 Advisory 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 150152304Aircraft
Fuel Storage. Handlinq, and Dispensinq 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
Exhibit "D"
DocuSign Envelope ID: 4FCA6732-D237-4A33-AF2E-943543F77E07
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
Exhibit "D"
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
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.
Exhibit "D"
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
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
Exhibit "D"
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
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:
Exhibit "D"
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
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.
Exhibit "D"
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
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 11/2005 22
J:\FCH\I1laster Documents\7-26-05, Nlinirnum Standards FCH (Final).doc
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
EXHIBIT "E"
DocuSign Envelope ID: 4FCAB732-D237-4A33-AF2E-943543F77E07
Exhibit "E"
DISCLOSURE OF CONFLICT OF INTEREST
Temporary Use Permit between City of Fresno ("Fresno")
New vision Aviation (" New vision AVVti on
YES*
NO
1
Are you currently in litigation with the City of Fresno or any of its
❑
agents?
2
Do you represent any firm, organization or person who is in
❑
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
❑
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
❑
f�
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
this Project?
* If the answer to any question is yes, please explain in full below.
None
Explanation:
El Additional page(s) attached.
l , st fL Ol,a(LAw
Signature
12/13/2022
Date
Joseph Oldham
(name)
New vision Aviation
(company)
P.O. Box 27067
(address)
Fresno, CA 93729
(city state zip)