HomeMy WebLinkAboutNew Vision Aviation Inc Aviation Land & Building Lease & Agreement - Fresno Chandler Executive Airport 5-24-23 L/UUUJHy11 CI IVCIUNG IU.CrUU I/JC-I 0OU-V270y-D I DL/-DDU.7w'4cVMr r
FRESNO CHANDLER EXECUTIVE AIRPORT
AVIATION LAND AND BUILDING LEASE & AGREEMENT
Issued By
CITY OF FRESNO, CALIFORNIA
To
NEW VISION AVIATION, INC.,
A 501(C)3 NON-PROFIT CHARITABLE ORGANIZATION
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TABLE OF CONTENTS
RECITALS........................................................................................................................ 1
ARTICLE I: PROPERTY, TERM, RENT AND OTHER CHARGES .................................. 1
Section 1.01 Leased Premises or Premises. ............................................................... 1
Section1.02 Term. .................................................................................................. 1
Section1.03 Rent. .......................................................................................................2
Section1.04 Other Charges.........................................................................................4
Section 1.05 Taxes And Assessments.........................................................................4
Section 1.06 Late Payment and Other Charges........................................................... 5
Section 1.07 Security Deposit...................................................................................... 5
ARTICLE II: OBLIGATIONS OF LESSOR........................................................................ 6
Section 2.01 Covenant of Title. .................................................................................... 6
Section 2.02 Operation of Airport. ................................................................................ 6
Section 2.03 Maintenance And Repair. .......................................................... ............. 6
ARTICLE III - PRIVILEGES, USES, RIGHTS, INTERESTS AND OBLIGATIONS OF
LESSEE.................................................. ............. ..........__................ 7
Section 3.01 Acceptance of Leased Premises. ............................................................ 7
Section 3.02 Privileges, Uses, Rights And Interests..............................
Section 3.03 Additional Improvements......................................................................... 9
Section 3.04 Lessee's Maintenance and Repair Obligations. .................................... 12
Section 3.05 Utilities, Outside Storage, Disposable Waste, Control of Hazards and
Nuisances, and Lessee's Responsibility Regarding Hazardous Substance................ 13
Section 3.06 Observation of Governmental Regulations. .......................................... 18
ARTICLE IV - TERMINATION, HOLDOVER AND LIQUIDATED DAMAGES ................ 22
Section 4.01 Early Termination.................................................................................. 22
Section 4.02 Holding Over. ........................................................................................22
Section 4.03 Liquidated Damages. ............................................................................22
ARTICLE V -INDEMNIFICATION, EXEMPTION OF LESSOR, AND INSURANCE ....... 23
Section 5.01 Indemnification and Release.................................................................23
Section 5.02 Exemption. ............................................................................... ... 24
Section 5.03 Insurance. ............................................................................................. 24
ARTICLE VI - OPERATING STANDARDS.................................................................... 27
Section 6.01 Designation of Local Representative By Lessee................................... 27
Section 6.02 Quality of Service.................................................................................. 27
Section 6.03 Hours of Operation................................................................................ 28
Section 6.04 Outside Storage. ...................................................................................28
Section6.05 Signs. ....................................................................................................28
ARTICLE VII - DESTRUCTION OF IMPROVEMENTS................................................. 29
Section7.01 General. ................................................................................................29
Section 7.02 Definitions and Remedies. .................................................................... 29
ARTICLE VIII - ASSIGNMENT, SUBLEASING, AND HYPOTHECATION, TRANSFER
AND ASSIGNMENT BY DEED OF TRUST....................................................................30
Section8.01 General. ................................................................................................ 30
Section8.02 Assignment. .......................................................................................... 30
Section8.03 Subleasing. ........................................................................................... 31
Section 8.04 Hypothecation, Transfer and Assignment By Deed Of Trust................. 32
ARTICLE IX - DEFAULT.............................................---.........---..................................... 33
Section 9.01 Default By Lessor.................................................................................. 33
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Section 9.02 Default By Lessee. ................................................................................ 34
ARTICLEX - NOTICES.................................................................................................. 38
Section 10.01 Written Notices Required. ..................................................................... 38
Section 10.02 Lessee's Address For Notices.............................................................. 38
Section 10.03 Lessor's Address for Notices................................................................ 38
Section 10.04 Time And Date of Service. ................................................................... 38
ARTICLE XI - GENERAL PROVISIONS ........................................................................ 38
Section 11.01 Executor's Authority. ............................................................................ 38
Section 11.02 Interpretation of Agreement . ............................................................... 39
Section 11.03 Waiver of Breach Of Covenants........................................................... 39
Section 11.04 Venue and Litigation........................................................................... 39
Section 11.05 Liens and Claims. ...................................................40
Section 11.06 Successors and Assigns. .................................................................... 40
Section 11.07 Invalid Provisions................................................................................. 40
Section 11.08 Captions and Article/Section/Paragraph Numbers. ............................. 40
Section 11.10 Consents/Approvals. ........................................................................... 41
Section11.11 Merger................................................................................................. 41
Section 11.12 Cumulative Remedies. ........................................................................41
Section 11.13 Prior Agreements.................................................................................41
Section 11.14 Quiet Possession.................................................................................41
Section 11.15 Time Of Essence.................................................................................41
Section 11.16 Review/Examination of Lease. ............................................................42
Section 11.17 Accord and Satisfaction.......................................................................42
Section 11.18 National Emergency and Condemnation/Eminent Domain.................. 42
Section 11.19 Relationship of Parties......................................................................... 43
ARTICLEXII - SIGNATURE........................................................................................... 44
Attachments:................................................................................................................... 44
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LEASE AGREEMENT
THIS LEASE agreement (Lease) is by and between the CITY OF FRESNO, a California
municipal corporation (Lessor or City) and NEW VISION AVIATION, Inc., a 501(C)3 Non-
Profit Charitable Organization;
RECITALS
WHEREAS, Lessor owns and operates the Fresno Chandler Executive Airport (Airport),
located in the City of Fresno, County of Fresno, State of California; and
WHEREAS, on December 15, 2022, acting by and through the City's Director of Aviation,
the City of Fresno, a municipal corporation, entered into a 6 month Temporary Use Lease
effective December 13, 2022 and expires June 13, 2023; and
WHEREAS, Lessee wishes to continue operating 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 the Lessee is requesting permission/desires to enter into a Ground Lease upon the
terms and conditions herein; and
WHEREAS, Lessor has determined it is in the City's best interest to enter into this Lease
with Lessee.
NOW THEREFORE, the parties agree as follows:
AGREEMENT
This Lease is subject to the terms, covenants, conditions, agreements, warranties, and
provisions herein contained and Lessee expressly covenants and agrees, as a material
part of the consideration for the Lease, that Lessee 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 Lessee.
ARTICLE I: PROPERTY, TERM, RENT AND OTHER CHARGES
Section 1.01 Leased Premises or Premises.
The leased Premises consists of a total of 22,243 square feet; City-owned Bldg. No. FBO
- 2 and Lease 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 Lease shall be for the three-year period commencing June 14,
2023, and ending June 13, 2026, unless terminated earlier in the manner and
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under the conditions herein provided. Either party may terminate this Lease 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.
B. First Option: Lessor hereby grants to Lessee a First option to extend the term of
this Lease for a period of one year from and after the ending date of the term
specified in Paragraph "A" of Section 1.02 of this Lease. The First option shall be
exercised by Lessee by service of written notice upon Lessor of Lessee's exercise
of the First option, which notice shall be served by Lessee with sufficient timeliness
so as to be received by Lessor a minimum of 90 days prior to the ending date of
the term of this Lease as set forth in Section 1.02(A). Upon receipt of the written
notice by Lessor, the term of this Lease shall then be extended for an additional
five-year period, and the parties shall be bound by all of the terms, covenants, and
conditions during the additional period. Failure by Lessee to exercise the First
option right shall operate to terminate the Second option right granted Lessee in
Section 1.02(C) of this Lease.
C. Second Option: In the event Lessee exercised the First option within Section
1.02(B) of this Lease, Lessor grants to Lessee a Second option to further extend
the term of this Lease for an additional period of one year from and after the ending
date of the term hereof, as extended by Lessee's exercise of that First option
provided in Section 1.02(B) of this Lease. The Second option shall be exercised
by Lessee by service of written notice upon Lessor of Lessee's exercise of the
Second option, which notice shall be served by Lessee with sufficient timeliness
so as to be received by Lessor a minimum of 90 days prior to the ending date of
the term extended by Lessee's exercise of the First option as set forth in Section
1.02(B). Upon receipt of the Second notice by Lessor, the term of this Lease shall
then be extended for an additional five-year period and the parties shall be bound
by all of the terms, covenants, and conditions during the second additional period.
Section 1.03 Rent.
Definition: (Rent) shall mean all monetary obligations of Lessee to Lessor under the terms
of this Lease.
A. Net Agreement.
This is a Net Agreement with respect to monthly base rent, fees and charges paid to
Lessor by Lessee. Lessee shall, at Lessee's cost and expense, in addition to the Rent,
fees and charges set forth herein, pay all costs and expenses associated with Lessee'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 June 14, 2023, then continuing monthly
thereafter, Lessee shall pay to Lessor 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
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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.
C. Base Rent Adjustment.
Annually, commencing June 14, 2024, then on June 14 each and annually thereafter,
the Base Rent will increase by the same percentage as the percentage change, with a
maximum of 5.00% with any percentage increase over the 5% maximum, shall be
carried over to the next year for adjustment, in the U.S. Department of Labor, Bureau of
Labor Statistics (USDLBLS) Consumer Price Index (CPI) for Urban Wage Earners and
Clerical Workers (all items, U.S. city average) from January 1 to December 31 during
the last full calendar year prior to the scheduled rent adjustment date. The amount of all
such annual adjustments shall be determined in the manner illustrated within Exhibit C
"Illustration of Annual Rental Adjustment Computation", attached hereto and made a
part hereof. At no time shall the Base Rent decrease below the initial rate listed in
Section 1.03(B) above. The base year for the first-year adjustment (year two of the
Lease) shall be the CPI calendar year 2023.
1. Throughout the term of this Lease including any available option or holding over
periods, the amount of the monthly Base Rent to be paid to Lessor by Lessee
shall be subject to increase only. The increased amount will become the new
Base Rent and Utilities Rent each year respectively and will be calculated as
stated above in Section 1.03(C).
2. Retroactive Rent Adjustment: In the event any annual rent adjustment
computation shall, for any reason whatsoever, be delayed beyond the
Scheduled Adjustment Date, Lessee shall continue paying the existing monthly
base rent amount (i.e., the amount being paid immediately prior to the
Scheduled Adjustment Date) when due until the new rental rate is finally
determined by Lessor.
a. Any rent adjustment due as a result of any such late computation shall
apply and be paid by Lessee retroactively as of the Scheduled
Adjustment Date for which any such late computation shall be
applicable.
b. When any such late computation results in an increase in the monthly
rent, Lessee shall pay the difference between the new rate and the old
rate, for each of the months commencing with the Scheduled Adjustment
Date during which the new rent amount shall have been in effect, along
with the next due monthly rent payment.
3. Place of Payment: Rent shall be paid to Lessor at the address shown below
or at such place or places at which Lessor may in writing direct the payment
thereof from time to time during the term hereof.
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City of Fresno Airports Department
Attn: Airports Accounting
4995 E. Clinton Way
Fresno, CA 93727
Section 1.04Other Charges.
A. Airport Use Fees/Charges
Nothing contained in this Lease shall be deemed to relieve Lessee, any employee
of Lessee, or any one or more of Lessee's tenants, sub-Lessees, customers,
invitees, successors, assigns, or any other person or entity whomsoever, from
payment of such other fees and charges as may legitimately accrue to Lessor
pursuant to any Ordinance(s) and/or Resolution(s) of the City Council of Lessor 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 Lease, including, without limitation:
1. Airport use fees and/or charges as are levied generally by Lessor 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 Lessor;
2. Miscellaneous fees and/or charges (including, without limitation,
fees/charges for Airport security badges, copies of public documents
[including extra copies of this Lease], returned check charges, etc.) as are
generally assessed by Lessor against members of the general public and/or
Lessees, tenants, and/or other users of Airport Premises and/or facilities.
B. Reimbursement for Insurance and other Lessor Expenses.
Lessee shall pay and nothing within this Lease shall be deemed to relieve Lessee,
any employee of Lessee, or any one or more of Lessee's tenants, sub-Lessees,
customers, invitees, successors, assigns, or any other person or entity
whomsoever, from payment of such other fees and charges as may legitimately
incurred by Lessor pursuant to Lessor'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 Lessee to pay any and all airport use fees, and/or miscellaneous
fees and charges to Lessor (as additional rent), as and when due to be paid to
Lessor thereby, shall constitute a default on the part of Lessee under this Lease.
Section 1.05 Taxes and Assessments.
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In addition to the rentals, fees, and charges herein set forth, Lessee 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 Lease, may
be levied upon or assessed against Lessee, 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 Lessor or Lessee, and/or upon or against Lessee's
interest(s) in and to said Premises, improvements and/or other property, including
possessory interest as and when such be applicable to Lessee hereunder'.
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 Lease 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 Lessor. The
minimum charge per month shall be one dollar ($1.00).
B. Best Estimate of Damage.
Lessee and Lessor recognize that the damage which Lessor shall suffer as a result
of Lessee'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 Lessor shall suffer in the event of Lessee'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 Lease, be changed by
ordinance/ resolution passed/adopted by the City Council of Lessor 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 Lease contained shall be deemed to relieve Lessee from
payment of rent or other sums at the time and in the manner herein provided.
Section 1.07 Security Deposit.
' 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
possessory interest,unless the possessor of interest in such property is exempt from taxation. With regard to any possessory interest
to be acquired by Lessee hereunder, Lessee, by its signatures hereunto affixed, warrants, stipulates, confirms, acknowledges and
agrees that, prior to its executing this lease, Lessee 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 Lessee's
full and complete satisfaction,how much Lessee will be taxed, if at all.
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A. Due Date, Type and Amount of Security Deposit.
Lessee has provided Lessor, and shall thereafter maintain during the term of this
Lease, a valid security deposit in an amount equal to $1,460.00. This deposit
guarantees Lessee'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 Lessee.
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 Lessor for the account
of Lessee 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 Lessor
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 Lessee [Depositor]; or
4. A Cash Deposit (Lessor shall not be obligated or required to pay and shall
not pay any interest whatsoever).
C. Return/Surrender/Release of Surety by Lessor. Except as provided within this
Article, at the end of the term hereof, such surety as shall have been provided by
Lessee and which is then currently being held by Lessor shall be returned/
surrendered/released by Lessor, provided that there are no outstanding claims
against Lessee.
ARTICLE II: OBLIGATIONS OF LESSOR
Section 2.01 Covenant of Title.
Lessor warrants and covenants that it has full right and authority to enter this Lease and
that all things have happened and been done to make its granting of said Lease effective.
Section 2.02 Operation of Airport.
Lessor 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 Lessor to the United States Government under the Federal Aviation Act.
Section 2.03 Maintenance and Repair.
A. Lessor 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 Lessee, its agents, employees, and/or invitees, or by
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breaking and entering, in which event(s) such maintenance and repairs shall be
the obligation of Lessee at Lessee's cost and expense.
B. Lessee shall provide maintenance service for any landscaped areas located on
the Premises during the term of this Lease. Such services shall be performed by
Lessee at no cost to Lessor 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
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. Lessor 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 Lessor by
Lessee. There shall be no abatement of rent and no liability of Lessor by reason
of any injury to Lessee's business or any interference with Lessee's uses of the
Premises arising from Lessor'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. Lessor shall not be responsible in
any way whatsoever for any acts or omissions on the part of any sub-Lessees,
tenants, and/or any other third parties.
D. During the term hereof, Lessor 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 Lease 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
LESSEE
Section 3.01 Acceptance of Leased Premises.
Lessee 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 Lease.
Section 3.02 Privileges, Uses, Rights and Interests.
Lessee 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
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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 Lease, during the term hereof, Lessee 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 Lease.
1. For the purposes of this Lease, "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. Lessee'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 Lessor 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 Lease.
3. None of the foregoing provisions of this sub-section of this Section of this
Article shall be deemed to relieve Lessee and its tenants, sub-Lessees,
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 Lessor 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 Lessor, 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 Lessor 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 Lessor
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 Lease.
B. Premises Access Control: Any control over access to/from the leased Premises
shall be the responsibility of Lessee. 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 Lessee's employees or volunteers who work at Fresno
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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.
The Lessee'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
Lessee 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 Lease, 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 Lease , below), or enter into any contract for the making
of any one or more of such, without the prior written consent/ approval of Lessor'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 Lessee at Lessee's sole cost and expense.
A. In the event Lessee 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, Lessor may require that Lessee remove any or all of such at
Lessee's cost and expense.
B. Any and all changes, alterations, additions, modifications, and/or improvements
that Lessee 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 Lessee's full and faithful compliance with the provisions
of this Lease, below.
D. Lessee 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
lease; nor shall Lessee suffer or permit the removal, waste, destruction and/or
structural modification thereof by any other person or entity, except as expressly
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authorized, permitted, and/or provided for within this Lease. 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 Lease.
E. Ownership and Disposition of Improvements. All improvements which may be
made to the Premises by Lessee at any time and from time to time during the term
of this Lease shall, upon completion, be owned by and remain the property of
Lessee throughout the term of this Lease. At the end of the term of this Lease
(and any extensions), or upon early termination by Lessor, all of the improvements
erected, constructed, and/or placed in, on or upon the Premises by Lessee at any
time during the term hereof shall become part of the realty and the property of
Lessor; and, upon such improvements becoming part of the realty and the property
of Lessor, Lessee shall:
1. Within thirty days following the date on which such improvements become
part of the realty and the property of Lessor, execute and provide Lessor
with a valid bill of sale, transferring all rights, title, interests and ownership
in and to such improvements to Lessor, and Lessee shall not be entitled to
any remuneration or other consideration whatsoever from Lessor for the
value, if any, of such improvements; and
2. Such improvements shall be given over to Lessor 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 Lessee
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
Lessee and made by a Lender pursuant to and in full conformity with the
provisions of this Lease 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 Lease.
3. If, for any reason whatsoever, Lessee shall fail to provide Lessor 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 Lessor's claim of ownership of any such improvements or trade
fixtures or delay Lessor's acquiring ownership thereof pursuant to the
provisions of this Article and ownership of such shall vest in Lessor, as and
when required by this Lease, to the same force and effect as would exist
had Lessee provided Lessor with such bill(s) of sale; however, nothing
within this paragraph "iii" contained shall relieve Lessee of its obligation to
provide any such bill(s) of sale to Lessor, as and when required by any of
the provisions of this Lease.
F. Industrial Improvements. Lessor hereby grants to Lessee the right, at any time
and from time to time during the term hereof, to make, install and/or affix in or on
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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
distribution lines or additional electrical conduit, outlets, and lighting fixtures,
natural gas lines, or water piping, as may be necessary therefor.
G. Trade Fixtures. Lessor hereby grants to Lessee 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. Lessor hereby grants to Lessee 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.
I. 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 Lessor at the end of the term hereof pursuant to
any of the provisions of this Lease.
J. Ownership of ITO Improvements. All ITO Improvements placed in or on the
Premises by Lessee during the term of this Lease shall be and remain the property
of Lessee throughout the term hereof, and Lessee 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 Lessee 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 Lessee 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 Lessor become part of the realty and the property of Lessor, free and
clear of any and all liens, claims and/or demands whatsoever. Should Lessee
remove any ITO Improvements, as provided, Lessee shall be responsible for
returning the Premises to the condition existing prior to their installation.
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K. Transfer of Ownership of ITO Improvements to Lessor at the Expiration of the Term
of This Lease. Upon any ITO Improvements becoming part of the realty and the
property of Lessor pursuant to any of the provisions of this Article, above, transfer
of ownership thereof to Lessor shall be effected pursuant to the provisions of this
sub-section, below.
1. Within thirty days following the date on which any such improvements or
trade fixtures become part of the realty and the property of Lessor, Lessee
shall execute and provide Lessor with a valid bill of sale, transferring all of
Lessee's rights, title, and interests in and to such improvements or trade
fixtures to Lessor, and neither Lessee nor any other party whomsoever shall
be entitled to any remuneration or other consideration whatsoever from
Lessor for the value, if any, thereof.
2. Any and all such ITO Improvements shall be given over to Lessor by Lessee
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 Lessee 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 Lessee and made by a Lender pursuant to and
in full conformity with the provisions of this Lease, 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 Lease.
3. If, for any reason whatsoever, Lessee shall fail to provide Lessor 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 Lessor's claim of ownership of any such improvements or trade
fixtures or delay Lessor's acquiring ownership thereof pursuant to the
provisions of this Article and ownership of such shall vest in Lessor, as and
when required by this Lease, to the same force and effect as would exist
had Lessee provided Lessor with such bill(s) of sale; however, nothing
within this paragraph shall relieve Lessee of its obligation to provide any
such bill(s) of sale to Lessor, as and when required by any of the provisions
of this Lease.
Section 3.04 Lessee's Maintenance and Repair Obligations.
A. Lessee's Obligations Regarding Repair and Maintenance of the Chandler
Premises.
Lessee shall be solely responsible for and expressly agrees at all times during the
term of this Lease, at Lessee's own cost and expense, keep and maintain the
Premises and all buildings, structures, paved surfaces, security fences, any
security gates installed by Lessee, and any and all other improvements
constructed, installed, and/or located in and/or on said Premises in good order and
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repair, free of weeds and rubbish, and in a clean, sanitary, sightly, and neat
condition (Lessor shall have no obligation to provide any services whatsoever in
this regard); and at Lessee's sole expense maintain, repair, and/or provide the
premises and any and all facilities and other improvements in full compliance with
any and all building, fire, safety, and environmental codes, ordinances, statutes,
standards, rules, regulations and/or requirements of any and all federal, state,
county and/or municipal governmental entities which may, at any time and from
time to time during the term hereof, be required by law to facilitate the
commencement and/or continuation of the use(s) thereof for such purposes as are
authorized hereunder.
B. Lessor's Right to Enter.
Lessor'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. Lessor agrees to provide Lessee
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 Lessor at Lessee's Expense.
In the event Lessor deems any repairs required to be made by Lessee necessary and
serves Lessee with written notice thereof, if, for any reason whatsoever, Lessee fails
to commence such repairs and complete same with reasonable dispatch, Lessor may
then make such repairs or cause such repairs to be made and shall not be responsible
to Lessee for any loss or damage that may occur to Lessee's stock or business by
reason thereof. If Lessor makes such repairs or causes such repairs to be made,
Lessee 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 Lessor to Lessee of a statement of such cost, or if no further rental
installments are then payable, within thirty days following submission by Lessor of any
such statement.
Section 3.05 Utilities, Outside Storage, Disposable Waste, Control of Hazards and
Nuisances, and Lessee's Responsibility Regarding Hazardous
Substance
A. Utilities.
1. During the term hereof, Lessee 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 Lessor and the
Premises shall be protected and held harmless by Lessee therefrom.
Should Lessee make arrangements for any Utilities through the City's
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Finance Department's Utilities Billing and Collection Section (e.g. water,
sewage, and/or solid waste [trash] disposal), Lessee agrees to pay to
Lessor, monthly, upon receipt of the billing(s) therefor at the then current
rates as established from time to time by ordinances of Lessor for such
services, such sum(s) as shall be due for any and all such services provided
to the Premises during the term hereof.
2. Upon Lessee's obtaining of any and all required permits and the payment
of any required charges or fees, Lessee 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 Lessee at Lessee's
own cost and expense.
4. Lessor shall not be liable to Lessee 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:
1. Solid Waste: Lessee, at Lessee'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. Lessee 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: Lessee 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 Lessee agrees that it shall neither conduct nor suffer or
permit the conducting of any activity(ies) in/on the leased Premises which
shall be in violation thereof, and Lessee 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.
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C. Control of Hazards and Nuisances.
Lessee 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. Lessee 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. Lessee's Responsibility Regarding Hazardous Substances.
1. Definition: The term "Hazardous Substances", as used in this Lease, shall
include, without limitation, flammables, explosives, radioactive materials,
asbestos, polychlorinated biphenyls (PCBs), chemicals known to cause
cancer or reproductive toxicity, pollutants, contaminants, hazardous
wastes, toxic substances or related materials, petroleum and petroleum
products, and substances declared to be hazardous or toxic under any law
or regulation now or hereafter enacted or promulgated by any governmental
authority.
2. Restrictions: Lessee 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 Lessee's use(s) or
occupancy(ies) thereof, including, but not limited to, soil and ground
water conditions; or
b. the use, generation, release, manufacture, refining, production,
processing, storage, or disposal of any Hazardous Substance in, on,
under or about the Premises, or the transportation to or from the
Premises of any Hazardous Substance, except where Lessor's advance
written consent to any such use, generation, release, manufacture,
refining, production, processing, or storage shall have been requested
in writing and received by Lessee. Any and all such consents of Lessor
shall be deemed given subject to and conditioned upon Lessee'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,
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processing, transport, transfer, storage, and/or sale of that/those
Hazardous Substances to which any such consent of Lessor may, in any
way whatsoever, be deemed to apply.
c. Lessor'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 Lessee through commercial retail outlets so long as:
i. 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
Lessee or Lessee's employees, agents, representatives,
contractors, or sub-contractors in the performance of Lessee'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 Lessee's industry, etc.); and
ii. so long as the use, storage and disposal of any and all of such
materials/supplies shall be in full compliance with any and all federal,
state and local statutes, laws, ordinances, codes, rules and
regulations applicable thereto now or hereafter enacted (including,
without limitation, any and all Occupational Safety and Health
statutes, laws, codes, rules and regulations of the Federal
Government and the State of California).
3. Environmental Clean-up.
a. Throughout the term of this Lease, Lessee shall, at Lessee'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. Lessee shall, at Lessee's cost and expense, make all submissions to,
provide all information required by, and comply with any and all
requirements of any and all governmental authorities (the "Authorities)
under the Laws.
c. Should any Authority or any court of competent jurisdiction demand that
a cleanup plan be prepared and that a cleanup be undertaken because
of any deposit, spill, discharge, or other release of Hazardous
Substances that occurs during the term of this Lease, at, on, or from the
Premises, or which arises at any time as a result of Lessee's use(s) or
occupancy(ies) of the Premises, then Lessee shall, at Lessee's cost and
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expense, prepare and submit the required plans and all related bonds
and other financial assurances and carry out all such cleanup plans in a
timely manner.
d. Lessee shall promptly provide all information regarding the use,
generation, storage, transportation, or disposal of Hazardous
Substances that is requested by Lessor. If Lessee fails to fulfill any duty
imposed under this Article within a reasonable period of time following
service of proper notice, Lessor may do so; and, in such case, Lessee
shall cooperate with Lessor in order to prepare any and all documents
Lessor deems necessary or appropriate to determine the applicability of
the Laws to the Premises and Lessee's occupancy(ies) and/or use(s)
thereof, and for compliance therewith, and Lessee shall execute any and
all such documents promptly upon Lessor's request. No such action by
Lessor and no attempt made by Lessor to mitigate damages under any
law shall constitute a waiver of any of Lessee's obligations under this
article.
4. Indemnification: Lessee shall indemnify, defend, and hold harmless Lessor,
Lessor'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 Lease as a result of any and all use(s) and/or occupancy(ies) of said
Premises by Lessee or any employee, representative, agent, contractor,
sub-contractor, supplier, customer, guest, invitee, tenant or sub-Lessee of
Lessee, or as a result of Lessee'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. Lessee's Obligations/Liabilities Surviving Expiration of Lease: Lessee's
obligations and liabilities under this sub-section E, shall survive the
expiration of the term of this Lease.
E. Reports.
1. Statistical / Operational Reports: At the request of Lessor, Lessee shall
provide Lessor with reports, on forms supplied by Lessor or in a form
acceptable to Lessor, showing in such detail and breakdown of information
as Lessor may reasonably require concerning Lessee's operations at the
Airport.
a. Such reports shall be submitted by Lessee with sufficient timeliness
so as to be received by Lessor on or before the tenth calendar day
of the month following the request for the report and shall be
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submitted to Lessor at Lessor's address for Notice as set forth
below.
2. Special Informational Reports: If, as and when, requested by Lessor,
Lessee shall also provide Lessor with periodic and/or as required special
informational reports concerning: (1) the names, mailing addresses, and
telephone numbers of all of Lessee's customers at Airport; (2) the services
being provided the public by Lessee and any and/or all tenants and/or sub-
Lessees of Lessee 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 Lessee and/or any and all sub-Lessees of
Lessee for sub-lease/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 Lessor may, at any time and from time to
time, reasonably require during the term hereof. Lessee shall provide
Lessor with any and all such Special Informational Reports within seventy-
two (72) hours where Lessor shall request such report be provided by
telephone, or within ten days where Lessor 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 Lessor
at the time such report is requested.
F. Lessor Held Harmless. Lessee agrees to protect and hold harmless Lessor, 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 Lessor'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. Lessee's Right to Appeal. Nothing within this section of this article shall be deemed
to limit any of Lessee'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. Lessor reserves the right to adopt, amend and
enforce reasonable rules and regulations governing the Premises and the public
areas and facilities used by Lessee 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
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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 Lease
or the procedures prescribed and approved, from time to time, by the FAA with
respect to the operation of aircraft at the Airport. Lessee agrees to observe, obey
and abide by all such rules and regulations heretofore or hereafter adopted or
amended by Lessor, including compliance with FAA, and Airport security rules,
regulations and plans.
1. Lessee shall be fully liable to Lessor for any and all claims, demands,
damages, fines and/or penalties of any nature whatsoever which may
be imposed upon Lessor by the United States Government as a result
of any unauthorized entry by Lessee, Lessee's employees, agents,
representatives, servants, tenants, customers, patrons, guests, invitees,
sub-Lessees, 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 Lessee shall be similarly liable to Lessor
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 leased by Lessee under
this Lease as a result of a failure on Lessee's part to control access to
such areas pursuant to the provisions of this section of this article,
below.
2. Lessee 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 Lessee'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 Lease, so as to preclude any unauthorized entry
into any such area from the Premises by any person or persons
whomsoever.
B. Other Governmental Regulations. Lessee 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 Lessee'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
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Aviation Administration", attached hereto and made a part hereof, are those
specific provisions required by the FAA to be appropriately included within all
agreements (including, without limitation, leases, licenses, permits, and contracts)
between Lessor and any and all persons and/or entities who use or perform work
or conduct activities on Lessor-owned airport Premises for aeronautical or non-
aeronautical purposes. Lessee, 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. Lessee 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 Lessor, 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 Lessee on the start date of the term hereof or which,
as a result of changing facts and/or circumstances, shall subsequently become
applicable to Lessee, 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,
Lessee will be required to file and shall file a "Notice of Proposed Construction or
Alteration" with the Federal Aviation Administration.
E. Limitation on Lessor's Liability and Lessee's Right to Terminate. Lessor shall not
be liable to Lessee for any diminution or deprivation of possession or any of
Lessee's rights hereunder when such shall result from any exercise by Lessor of
any such right or authority as in this Section or within EXHIBIT "B", hereto,
provided; and Lessee, by reason of the exercise of any such right or authority by
Lessor, shall not be entitled to terminate, in whole or in part, the leasehold estate
herein created unless the exercise thereof by Lessor shall so interfere with
Lessee's use and occupancy of the leasehold estate herein created so as to
constitute a termination in whole or in part of this Lease by operation of law in
accordance with the laws of the State of California.
F. Commercial Aviation Activity.
1. Compliance with Governmental Regulations: Lessee, Lessee's tenants and
sub-Lessees, 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 Lease, 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
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this Lease was entered into or as such may exist at any time and from time to
time during the term hereof. At the time this Lease was entered into, 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 Leased Premises By Persons Other than
Lessee: Lessee expressly warrants and agrees that, throughout the term of
this Lease, Lessee shall not enter into any rental or sub-lease 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 Lessor; or a valid
''airport lease agreement" with Lessor; or a "bona fide sub-lease" with Lessee
or another Fixed Base Operator at the Airport who holds a valid "lease
agreement" with Lessor.
(a.) Lessee further warrants and agrees that, except for aircraft owned and/or
operated by Lessee, Lessee 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 Lessor governing
such activities.
(b.) Lessee shall be responsible for ensuring the observance, by all of its
tenants and/or sub-Lessees, 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 Lessee's tenants or sub-Lessees shall constitute a breach of this lease
by Lessee.
G. Derelict Aircraft. Lessee 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;
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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
not removed from lease area immediately, Lessee shall be considered in Default
of this Lease.
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 lessor may not prohibit the lessee or
tenant from obtaining a CASp inspection of the subject premises for the occupancy
or potential occupancy of the lessee or tenant, if requested by the lessee 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 Lease 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 Lessee shall remain in possession of the Premises or
any part thereof following the end of the life of this Lease, and thus hold over the
term hereof with or without the express written consent of Lessor, 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, Lessee shall pay to Lessor 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
Lease and remain in effect during the holding-over period.
C. Applicability of Lease 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 Lease applicable to a month-to-month tenancy.
Section 4.03 Liquidated Damages.
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If this Lease is terminated early by Lessor pursuant to the default provisions, hereof, as
a result of Lessee's failure to keep, observe, or perform any of the terms, covenants,
conditions, warranties, agreements, or provisions hereof to be kept, observed, or
performed by Lessee, the entire amount of such surety instrument may be claimed,
retained and used by Lessor as liquidated damages.
ARTICLE V -INDEMNIFICATION, EXEMPTION OF LESSOR, AND INSURANCE
Section 5.01 Indemnification and Release.
A. Except to any extent expressly provided for in this Lease, and to the furthest extent
allowed by law, Lessee 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, Lessee 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 Lease. Lessee'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. Lessee 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 releases or discharges
of a Hazardous Substance, or the exacerbation of a Potential Environmental
Hazard, occurring as a result of or in connection with Lessee's activities or the
activities of any of Lessee'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 Lessee should contract any work on the Premises or subcontract any of its
obligations under this Lease, Lessee 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 Lease 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
Lease.
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Section 5.02 Exemption.
Lessee hereby specifically warrants, covenants and agrees that Lessor shall not be liable
for injury to Lessee's business or any loss of income therefrom or for damage to the
goods, wares, merchandise or other property of Lessee, Lessee's employees, patrons,
invitees, or any other person whomsoever, in or about the Premises, nor shall Lessor be
liable for injury to the person of Lessee, Lessee's servants, agents, employees,
contractors, sub-contractors, tenants, sub-lessees, 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
Lessee, except where such injury, damage, and/or loss shall have been caused solely by
the gross negligence or willful misconduct of Lessor. Lessee also covenants and agrees
that Lessor 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 Lease, Lessee shall pay for and maintain in full force
and effect all policies of insurance required hereunder with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner to do
business in the State of California and rated not less than "A-VII" in Best's
Insurance Rating Guide, or (ii) authorized by City's Risk Manager or designee.
The following policies of insurance are required:
(i) AVIATION/AIRPORT OR GENERAL LIABILITY insurance which shall
be at least as broad as Insurance Services Office (ISO) form CG 00
01 and shall include coverage for "bodily injury", "property damage"
and "personal and advertising injury", including premises and
operation, hangarkeepers legal liability, products and completed
operations, and contractual liability (including, without limitation,
indemnity obligations under this Lease), with limits of liability of not
less than $2,000,000 per occurrence for bodily injury and property
damage, $2,000,000 per occurrence for personal and advertising
injury, $4,000,000 aggregate for products and completed operations
and $4,000,000 general aggregate.
(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 Lessee 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. Lessee 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) Lessee 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, Lessee shall furnish City with a new certificate
and applicable endorsements for such policy(ies). In the event any policy is due
to expire during this Agreement, 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 Lessee's
insurance shall be primary and no contribution shall be required of City. The
coverage shall contain no special limitations on the scope of protection afforded to
City, its officers, officials, employees, agents, and volunteers. Any Workers'
Compensation insurance policy shall contain a waiver of subrogation as to City, its
officers, officials, agents, employees, and volunteers.
F. Lessee shall furnish City with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable
endorsements are to be received and approved by the City's Risk Manager or
designee prior to City's execution of this Lease. 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 FYI Properties@fresno.gov
G. Upon request of City, Lessee shall immediately furnish City with a complete copy
of any insurance policy required under this Contract, including all endorsements,
with.said copy certified by the underwriter to be a true and correct copy of the
original policy. This requirement shall survive expiration or termination of this
Lease.
H. Any failure to maintain the required insurance shall be sufficient cause for City to
terminate this Lease. No action taken by City hereunder shall in any way relieve
Lessee of its responsibilities under this Lease.
I. The fact that insurance is obtained by Lessee shall not be deemed to release or
diminish the liability of Lessee, including, without limitation, liability under the
indemnity provisions of this Lease. The duty to indemnify City and its officers,
officials, employees, agents, and volunteers shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by Lessee.
Approval or purchase of any insurance contracts or policies shall in no way relieve
from liability nor limit the liability of Lessee.
J. Lessee and its insurers hereby waive all rights of recovery against City and its
officers, officials, employees, agents, and volunteers, on account of injury, loss by
or damage to the Lessee or its officers, officials, employees, agents, volunteers,
invitees, consultants, subconsultants, contractors and subcontractors, or its
property or the property of others under its care, custody and control. Lessee shall
give notice to its insurers that this waiver of subrogation is contained in this Lease.
This requirement shall survive termination or expiration of this Lease.
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SUBCONTRACTORS -If Lessee subcontracts any or all of the services to be
performed under this Agreement, Lessee shall require, at the discretion of the City
Risk Manager or designee, subcontractor(s) to enter into a separate Side
Agreement with the City to provide required indemnification and insurance
protection. Any required Side Agreement(s) and associated insurance documents
for the subcontractor must be reviewed and preapproved by City Risk Manager or
designee. If no Side Agreement is required, Lessee shall require and verify that
subcontractors maintain insurance meeting all the requirements stated herein and
Lessee shall ensure that CITY, its officers, officials, employees, agents, and
volunteers are additional insureds. The subcontractors' certificates and
endorsements shall be on file with Lessee, and CITY, prior to commencement of
any work by the subcontractor.
ARTICLE VI - OPERATING STANDARDS
In doing business at the city's airports, Lessee 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, Lessee 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
Lease. This paragraph shall apply once Lessee begins conducting commercial
activity(ies) from the leased Premises or at the Airport.
Section 6.01 Designation of Local Representative By Lessee.
Lessee 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 Lessee
in matters pertaining to the day-to-day conduct of Lessee's business operations on the
Premises. During any temporary periods of absence by said representative, an alternate
representative of Lessee with like authorization must be present. Lessee shall at all times
keep the Airports Director advised as to who Lessee'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 Lease, Lessor 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 Lessee (together with its tenants and sub-
Lessees, if any) agrees to conduct its/their business in a proper and first-class manner at
all times. Lessee further agrees that any and all services provided by Lessee and/or by
Lessee's tenants and sub-Lessees 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 Lessee, Lessee's tenants and sub-Lessees 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 number of such persons shall
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at all times be adequate to meet the demand for such services as shall be provided under
authority hereof. This paragraph shall apply once Lessee begins conducting commercial
activity(ies) from the leased Premises or at the Airport.
Section 6.03 Hours of Operation.
If Lessee begins service as a SASO, Lessee'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 Lessee begins conducting
commercial activity(ies) from the leased Premises or at the Airport.
Section 6.04Outside 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 Lessee, at Lessee's cost and expense, so as to
meet the requirements and standards of this Lease and Lessor'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. Lessee 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. Lessee 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. Lessee 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 Lessee, Lessee's employees, contractors, agents,
representatives, tenants, sub-Lessee's, customers, or invitees. Lessee shall also
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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 Lessee, Lessee's employees, contractors, agents, or representatives.
Should Lessee fail or be unable to promptly effect any such repairs within thirty
days following Lessor's notice of the need therefor, Lessor shall have the right to
make such repairs, and Lessee agrees to reimburse Lessor for all costs of such
repairs, including administrative costs, within thirty days following Lessor's
providing Lessee 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 Lease following such destruction, shall be controlled by the provisions of this
Article, and Lessee shall notify Director of any instance of destruction of or major damage
to such improvements immediately upon Lessee's becoming aware of any such
occurrence.
Section 7.02 Definitions and Remedies.
For the purposes of this Article of this Lease, 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, Lessor may agree to restore the Premises and Lessee shall
remain in possession without abatement of rent, or either party may terminate this
Lease 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
Destruction, subject to subsection C below, Lessor may agree to restore the
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Premises and Lessee's rent shall abate for such period, or either party may
terminate this Lease in the manner provided herein.
C. Partial or Total Destruction as the Result of Willful Misconduct on the Part of
Lessee. 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 lessee, and shall be the result of
any willful misconduct on the part of lessee, this Lease shall continue in full force
and effect, without any abatement of rental, and lessee shall, at Lessee'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 Lease contained shall be deemed to allow Lessee or Lessee's
successors or assigns, either voluntarily or by operation of law, to hypothecate,
encumber, sell, assign, surrender, or otherwise transfer this Lease, in whole or in part; or
to hypothecate, encumber, sell, assign, surrender, or otherwise transfer, in whole or in
part, any of Lessee'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
Lease; 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 Lessee, except with the Director's
prior express written consent.
Section 8.02Assignment.
A. Assignment: Lessee may not and shall not sell, transfer or make any assignment
of this Lease to any other person(s) or entity(ies) whomsoever without the prior
written consent of Lessor and any purported/attempted sale, transfer and/or
assignment of this Lease, following Lessee's fulfillment of such obligations, without
such advance written consent, shall be null and void and shall constitute a breach
of this Lease. Any person or entity to whom this Lease is sold, transferred or
assigned shall be required to comply with and fulfill all terms and conditions of this
Lease.
1. Lessor shall not be obligated to consent to and shall not consent to any
sale, transfer and/or assignment of this Lease by Lessee to any other
person or entity whomsoever where Lessee shall be in default of any of its
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obligations thereunder as of the date on which Director's consent to the
sale, transfer and/or assignment would have otherwise been given.
B. Lessor'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 Lessee.
Section 8.03 Subleasing.
A. Sub-Leasing. Lessee may not and shall not sub-lease any part or all of the
Premises to any other person(s)or entity(ies)whomsoever without the prior written
consent of Lessor'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 Lease.
1. Neither the provisions of any sub-lease consented to by Lessor nor the fact
that Lessor consented to any sub-lease shall, in any way whatsoever, be
deemed to relieve Lessee of any one or more of Lessee's obligations under
this Lease.
2. Lessor's Director consenting to any sub-lease 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-lease agreements, which conditions,
limitations and restrictions shall apply to each and every sub-lease and shall
be binding upon each and every sub-Lessee, assignee, transferee, and/or
any other successor in interest of Lessee.
3. Lessor's Director shall have the right to withhold its consent to any sub-
lease where Lessee shall be in default of any of its obligations under this
Lease as of the date on which Lessor's consent to the sub-lease would
otherwise have been given.
B. Form of Sub-Leases. Any Sub-Leasing of any part or all of the Premises by Lessee
to any other person or entity shall be effected by means of a written sub-lease
agreement prepared in a generally accepted contract form and executed by both
Lessee (as sub-Lessor) and the sub-Lessee named therein.
C. Use of Premises by Sub-Lessees. No Sub-Lease entered into by Lessee
concerning any part or all of the Premises shall authorize or allow any Sub-Lessee
to use any part or all of the sub-leased 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.
D. Term of Sub-Leases. Lessee may not and a shall not sub-lease any part or all of
the Premises for any term extending beyond the day immediately preceding the
ending date of the term of this Lease and any extension thereof.
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E. Merger. Pursuant to the provisions of Section 11.11 of this Lease, the voluntary
or other surrender of this Lease by Lessee, or a mutual cancellation hereof, or a
termination by Lessor, 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 Lessor's option, terminate any or all existing sub-leases/-tenancies;
or may, at the option of Lessor, operate as an assignment to Lessor of any or all
such sub-leases/-tenancies.
F. Priority of Instruments. Whether or not such be clearly evidenced by an
appropriate provision within any sub-lease made and entered into by and between
Lessee 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-lease
consented to by Lessor) any and all sub- leases shall be subject to any and all of
the terms, covenants, conditions, prohibitions, limitations, reservations,
restrictions, warranties, agreements, and provisions of this Lease and to any and
all rights and interests of Lessor therein and thereto, none of which shall be
deemed to be waived by any consent of Lessor to any such sub-lease. Neither
the intent nor language of any sub-lease entered into by and between Lessee 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 Lease and, in the
event of any conflict between the provisions of this Lease and the provisions of
any such sub-lease, the provisions of this Lease, in each and every instance, shall
control.
G. Notice by Lessee. Not less than thirty days prior to the start date of the term of
any sub-lease agreement, Lessee shall provide Lessor with written notice of
Lessee's intent to sub-lease that certain portion of the Premises identified within
the particular Sub-Lease for which Lessor'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-lease(s) involved and shall contain Lessee's request for
Lessor's consent thereto in writing.
H. Amendments. Once Lessor's consent shall be given for any particular sub-lease,
that sub-lease 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 Lessor, in writing, prior
to the effective date thereof.
Section 8.04 Hypothecation, Transfer, and Assignment By Deed Of Trust.
A. General. Nothing within this Lease contained shall, in any way whatsoever, be
deemed to allow Lessee or Lessee's successors or assigns to mortgage, pledge,
hypothecate, or otherwise encumber either this Lease, any part or all of the
Premises, or any one or more of the improvements located anywhere in or on said
Premises, except as may be approved by Lessor.
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B. Lessor's Consent. Neither Lessee nor any buyer or purchaser may hypothecate,
transfer, sublease, encumber and/or assign this Lease and leasehold estate, in
whole or in part, by any deed of trust without first obtaining the written consent of
Lessor in advance, and any attempted or purported hypothecation, transfer,
sublease, encumbrance and/or assignment of this Lease by deed of trust (or
otherwise)without such consent shall be null and void and shall constitute a breach
of this Lease.
C. Lessor's Consent Given/Accepted Subject to Terms, Covenants, Conditions,
Agreements and Provisions of Lease. In the event Lessor shall give its consent in
writing to any hypothecation, transfer, sublease, encumbrance and/or assignment
of this lease and the leasehold 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 Lessor (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
lease applicable thereto.
D. Lessor's Consent Not a Waiver of Any of Lessor's Rights and Interests.
1. Except as may otherwise be expressly set forth within Lessor'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 Lease, and to any
and all of the rights and interests of Lessor therein and thereto, none of
which shall be waived by any such consent.
2. Lessor's consenting to any such action shall not constitute a waiver of the
conditions, limitations, and restrictions set forth within this Lease 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 Lessee.
E. Request for Lessor's Consent During a Period When Lessee is in Default. Lessor
shall have the right to withhold its consent to any deed of trust where Lessee shall
be in default of any of its obligations under this Lease as of the date on which
Lessor's consent to assignment by the deed of trust would have otherwise been
given, provided that Lessee was notified of default, and failed to cure within the
time required.
ARTICLE IX - DEFAULT
Section 9.01 Default By Lessor.
Lessor shall work to fulfill obligations required of Lessor under the Lease within a
reasonable period of time.
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Section 9.02 Default By Lessee.
A. Defaults. The occurrence of any of the following events shall constitute a material
default and breach of this Lease by Lessee:
1. The vacating or abandonment of the Premises by Lessee.
2. The failure by Lessee to use the Premises for lawful purposes only and/or
failure by Lessee 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 Lessee'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 Lease 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 Lessee in any
proceeding brought against Lessee by any government entity.
3. The inability of and/or failure by Lessee to obtain, pay for, and maintain in
full force and effect at all times during the term of this Lease, without any
lapse in coverage, such insurance as shall be required of Lessee
thereunder.
4. The occurrence of any of the following:
a. Lessee's becoming insolvent, or failing in business, or the making by
Lessee of any general arrangement or an assignment for the benefit
of creditors;
b. The filing by or against Lessee of a petition to have Lessee 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
Lessee, the same is dismissed within sixty days);
C. The appointment of a receiver to take possession of substantially all of
Lessee's assets located in or on the Premises or of Lessee's interest
in this Lease, where possession is not restored to Lessee within thirty
days; or
d. The attachment, execution or other judicial seizure of substantially all
of Lessee's assets located in or on the Premises or of Lessee's interest
in this Lease, where such seizure in not discharged within thirty days.
5. The discovery by Lessor that any financial statement provided Lessor by
Lessee, any assignee of Lessee, any successor in interest of Lessee, or
any guarantor of Lessee's obligations under this Lease, and/or any one or
more of such persons or entities, was materially false.
& Any hypothecation, encumbrance, sale, assignment, or transfer of either
this Lease, in whole or in part; or of any of Lessee's rights, title and interests
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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 Lease 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 Lease 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 Lessee.
7. The failure by Lessee to make any payment of rent or any other required
payment, as and when due under this Lease, where such failure shall
continue for a period of ten days following service of notice thereof upon
Lessee by Lessor.
8. The failure by Lessee to keep, observe, undertake, fulfill, or perform any of
the terms, covenants, conditions, warranties, agreements, obligations,
and/or provisions of this Lease to be kept, observed, undertaken, fulfilled,
and/or performed by Lessee, other than those hereinabove , where such
failure shall continue for a period of thirty days following service of written
notice thereof upon Lessee by Lessor, pursuant to this Lease; provided,
however, that if the nature of Lessee's default is such that more than thirty
days are reasonably required for its cure, then Lessee shall not be deemed
to be in default and breach of this Lease if Lessee commences such cure
within said thirty day period and thereafter diligently prosecutes such cure
to completion as soon as reasonably possible.
B. Lessor's Remedies.
1. Abandonment: If Lessee abandons the Premises, this Lease shall continue
in effect. Lessor shall not be deemed to terminate this Lease as a result of
such material default and breach other than by written notice of termination
served upon Lessee by Lessor, and Lessor shall have all of the remedies
available to Lessor under Section 1951.4 of the Civil Code of the State of
California so long as Lessor does not terminate Lessee's right to possession
of the Premises, and Lessor may enforce all of Lessor's rights and remedies
under this Lease, including the right to recover the rent as it becomes due
under this Lease. After abandonment of the Premises by Lessee, Lessor
may, at any time thereafter, give notice of termination.
2. Termination: Following the occurrence of any material default and breach
of this Lease by Lessee as set forth within this Section, above, Lessor may
then immediately, or at any time thereafter, terminate this Lease by service
of a minimum of ten days advance written notice to such effect upon Lessee
and this Lease shall terminate at 11:59:59 p.m., on the termination date
specified within such notice.
3. Such notice shall set forth the following:
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a. The default and breach which resulted in such termination by Lessor;
and
(a.) A Demand For Possession, which, in the event only ten days
advance notice shall be given by Lessor, 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 Lessee by Lessor in conformity with the
Notice provisions of this Lease; 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 Lessor shall be
required or desire to give under this Lease.
4. Possession: Following termination of this Lease by Lessor pursuant to the
provisions of this Section, without prejudice to other remedies Lessor may
have by reason of Lessee's default and breach and/or by reason of such
termination, Lessor may:
(a.) Peaceably re-enter the Premises upon voluntary surrender thereof
by Lessee or remove Lessee and/or any other persons and/or entities
occupying the Premises therefrom, using such legal proceedings as
may be available to Lessor 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 Lease) at such rental and upon such other terms and conditions as
Lessor in Lessor'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 Lessor in a public warehouse or elsewhere at the cost
of and for the account of Lessee.
5. Recovery: Following termination of this Lease by Lessor pursuant to the
provisions above, Lessor shall have all the rights and remedies available to
Lessor under Section 1951.2 of the Civil Code of the State of California.
The amount of damages Lessor may recover following such termination of
this Lease shall include:
(a.) The worth at the time of award of the unpaid rent which had been
earned at the time of termination of this Lease;
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(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 Lease until
the time of award exceeds the amount of such rental loss that Lessee
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 Lessee proves could be
reasonably avoided, and
(d.) Any other amount necessary to compensate Lessor for all the
detriment proximately caused by Lessee's failure to perform Lessee's
obligations under this Lease 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 Lease by Lessee as set forth within this Article, above, in
addition to the foregoing remedies, Lessor may maintain Lessee's right to
possession, in which case this Lease shall continue in effect whether or not
Lessee shall have abandoned the Premises and, so long as this Lease is
not terminated by Lessor or by a decree of a court of competent jurisdiction,
Lessor shall be entitled to enforce all of Lessor's rights and remedies under
this Lease, including the right to recover the rent as it becomes due
thereunder and, during any such period, Lessor shall have the right to
remedy any default of Lessee, to maintain or improve the Premises without
terminating this Lease, to incur expenses on behalf of Lessee in seeking a
new Lessee, to cause a receiver to be appointed to administer the
Premises, and to add to the rent payable hereunder all of Lessor'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 Lessee causes or threatens to cause a breach of any
of the covenants, terms or conditions contained in this Lease, Lessor shall
be entitled to obtain all sums held by Lessee, 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 Lease.
8. Cumulative Remedies: Each right and remedy of Lessor 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 Lessor from exercising any other
rights or from pursuing any other remedies provided for in this Lease or now
or hereafter available to Lessor under the laws or judicial decisions of the
State of California.
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9. Indemnification: Nothing contained within this Article affects the right of
Lessor to indemnification by Lessee, as elsewhere within this Lease
provided, for liability arising from personal injuries or property damage prior
to the termination of this Lease.
ARTICLE X - NOTICES
Section 10.01 Written Notices Required.
All notices required to be served by Lessor and Lessee, one upon the other, under the
terms of this Lease shall be in writing.
Section 10.02 Lessee's Address For Notices.
All notices or demands of any kind which Lessor shall have cause to serve upon Lessee
under the terms of this Lease shall be serves upon Lessee by mailing a copy thereof by
certifies or registered mail, return receipt requested, to Lessee at the address shown
below or to such other address as Lessee may, from time to time, specify to Lessor in
writing:
New Vision Aviation, Inc.
P.O. Box 27067
Fresno, CA 93729
Section 10.03 Lessor's Address for Notices.
All notices or demands of any kind which Lessee shall have cause to serve upon Lessor
under the terms of this Lease shall be served upon Lessor by mailing a copy thereof by
certified or registered mail, return receipt requested, to Lessor at the address shown
below or to such other address as Lessor may, from time to time, specify to lessee 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 Lease on behalf of New Vision Aviation, Inc., represents
and warrants that he/she is duly authorized to execute and deliver this Lease on behalf
of said Company in accordance with its governing documents including articles of
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incorporation and bylaws, and that this Lease is binding upon said Company in
accordance with its terms.
Section 11.02 Interpretation of Agreement .
Nothing contained within this Lease shall be construed or interpreted, in any manner
whatsoever, as limiting, relinquishing or waiving any of the rights of ownership enjoyed
by Lessor in and to Airport property, or in any manner waiving or limiting Lessor's control
over the operation, maintenance, etc., of Airport property or in derogation of such
governmental rights as Lessor possesses, except as is specifically provided for within this
Lease.
Section 11.03 Waiver of Breach Of Covenants.
No waiver of any default or breach of any covenant by either party to this Lease 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 Lease. The subsequent acceptance of rent,
fees and/or other charges hereunder by Lessor shall not be deemed to be a waiver of any
preceding breach by Lessee of any term, covenant or condition of this Lease, other than
the failure of Lessee to pay the particular rental, fees and/or other charges so accepted,
regardless of Lessor'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 Lease by Lessor shall not prevent Lessor from exercising any and all other rights,
privileges and options hereunder, and Lessor's failure to exercise any right, option or
privilege under this Lease shall not be deemed a waiver of said right, option or privilege,
nor shall it relieve Lessee from Lessee's obligation to perform each and every covenant
and condition on Lessee's part to be performed hereunder, nor from damages or other
remedy for failure to perform or meet the obligations of this Lease. 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 Lease, 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 Lease shall be laid in
the Judicial District of Fresno County, California.
B. In any action or proceeding which Lessor or Lessee may be required to prosecute
to enforce its respective rights under this Lease, 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.
Lessee shall not suffer or permit to be enforced against Lessor'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 Lessor), and Lessee
shall pay all such liens, claims and demands before any action is brought to enforce same
against said Premises; and Lessee agrees to hold Lessor 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. Lessor shall have the right at any time to
post and maintain on said Premises such notices as may be necessary to protect Lessor
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 Lease be
set forth with regard to Lessee's sub-leasing any part or all of the Premises or with regard
to either Lessee's assigning this Lease or Lessee's pledging, mortgaging, hypothecating,
or otherwise encumbering this Lease or any of Lessee's rights, title and/or interests
thereunder, this Lease 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 Lease, 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 Lease, 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 Lease.
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 Lease 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 Lease nor in any way whatsoever affect this Lease.
Section 11.09 Covenants and Conditions.
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Each provision of this Lease performable by Lessee shall be deemed both a covenant
and a condition.
Section 11.10 Consents/Approvals.
Wherever in this Lease 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 Lease by Lessee, or a mutual cancellation hereof,
or a termination by Lessor, 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 Lessor, terminate any or all existing Sub-leases/-Tenancies or may, at the
option of Lessor, operate as an assignment to Lessor of any or all such Sub-leases/-
Tenancies.
Section 11.12 Cumulative Remedies.
No remedy or election under this Lease 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 Lease 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 Lease may not be amended or otherwise modified in any way
whatsoever, except in writing signed by the parties. Except as otherwise stated in this
Lease, Lessee acknowledges that neither Lessor nor Lessor's officers, employees or
agents has made any oral or written warranties or representations to Lessee relative to
the condition or use by Lessee of the Premises and Lessee acknowledges that Lessee
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 Lease except as otherwise specifically stated
in this Lease.
Section 11.14 Quiet Possession.
Upon Lessee paying the rental, fees and/or other charges reserved under this Lease and
keeping, observing and/or performing all of the covenants, conditions, warranties,
promises, agreements, and/or provisions on Lessee's part to be kept, observed and/or
performed thereunder, Lessee shall have quiet possession of the Premises during the full
term of this Lease, and any extensions thereto, subject to all of the provisions of this
Lease.
Section 11.15 Time Of Essence.
Time is of the essence with respect to this Lease and matters therein contained.
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Section 11.16 Review/Examination of Lease.
Submission of the instrument by Lessor for review /examination or signature by Lessee
does not constitute a reservation of or option to lease, and the instrument is not effective
as a Lease or otherwise, unless and until execution and delivery by both Lessor and
Lessee.
Section 11.17 Accord and Satisfaction.
No payment by Lessee or receipt by Lessor of a lesser amount than the rent, fees and/or
charges payment(s) due to be made by Lessee under this Lease 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 Lessor may accept such
check or payment without prejudice to Lessor's right to recover the balance of such rent,
fees and/or charges or to pursue any other remedy provided in this Lease.
Section 11.18 National Emergency and Condemnation/Eminent Domain.
A. Total Taking/Condemnation of Leased 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 lease 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 lease shall terminate as of the date of title vesting in such proceeding.
1. Upon termination of this Lease 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 Lessor shall promptly return, on a
prorated basis, any then unearned rent theretofore paid by Lessee under
this Lease.
2. Lessor shall not be liable to Lessee for any injury to Lessee's business or
loss of income or any other injury or loss suffered by Lessee as a result of
any such taking and/or termination.
B. Partial Taking/Condemnation of Leased 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
Lessee'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 Lessee's commercial business operations therein and thereon to
a significant extent/degree, this Lease shall continue in full force and effect and
that/those certain parcel(s) of land so taken shall be automatically deleted from the
Premises leased by Lessor to Lessee thereunder, as of the date of such taking
and/or title vesting.
[42]
UUVUJHYI I CIIVCIUPU IU. CrUU 1(OC-/0DUY+�UV-O I DV-OVUZ7%,O1+4UMr(
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. Lessor shall be entitled to the entire amount of any and all compensation
awarded by reason of the taking of the leased land and any and all Lessor-
owned improvements then located therein or thereon and Lessee waives
any right or claim to any part thereof from Lessor or the condemning
authority.
2. Subject to the provisions of this Section, below, Lessee shall have the right
to claim and recover from the condemning authority such compensation as
may be separately awarded or recoverable by Lessee in Lessee's own right
on account of:
a. The taking of or injury to any Lessee-owned improvements then
located on the leased land, including the value of the then existing
leasehold interest therein and thereto, to the extent of Lessee's
interest therein, based on the value of the then remaining unexpired
portion of the term of this Lease, 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 Lessee as a result of Lessee's having to remove
Lessee'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 Lessee under this Section, above, shall be paid directly to any known
lawful encumbrancer of the leasehold interest, to the extent of such encumbrance.
E. Notice and Execution: Upon service of process upon Lessor in connection with
either any taking over of Airport by the United States Government or any
condemnation or potential condemnation, Lessor shall immediately give Lessee
notice thereof in writing. Lessee shall immediately execute and deliver to Lessor
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
Lessee.
Section 11.19 Relationship of Parties.
Nothing contained in this Lease 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 Lessor and Lessee.
[Signatures on following page]
[43]
UUVu.71ly.1I CIIVt IlUpU IU. Cr VV 1/JC-/JDU-4y0y-0 IDU-D DU�I�JYLVMr!
ARTICLE XII — SIGNATURE
IN WITNESS WHEREOF, Lessor has caused this Lease to be executed by its duly
authorized officer, and Lessee 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 NEW VISION AVIATION, INC.
A Municipal Corporation A 501 C AMpp pfif Charitable Organization
ByfDoc Igned by:
enry° ❑mpson, I.A_P, AAE 7oseph Oldham
Director of Aviation Name:
Title: President/CEO
APPROVED AS TO FORM: (If corporation or LLC., Board Chair, Pres.
Andrew Janz or Vice d by.
Oocu tgne 6y:
City Atgorpe By: �ieltilnt,{�at, �wii{ ,
ocu ign d by.
� �V, (hW 4/17/2023 FOSU9,
By: Name: Di onnetrae smith
Bran on . CoIIet Date
Supervising Deputy City Attorney Title: CFO
(If corporation or LLC., CFO, Treasurer,
ATTEST: Secretary or Assistant Secretary)
Todd
�+SptefRf'"rmer, CMC
City CIgcu igned by:
By: 'r tKA, [�dUy 5/24/2023
Date
Deputy
Attachments:
Exhibit A - Plans and Descriptions of Leased 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
[441
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EXHIBIT "B"
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Q�PL AV/
r is FAA
Airports
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ASSURANCES
Airport Sponsors
A. General.
1. 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.
Airport Sponsor Assurances 3/2014 Page 1 of 20
I
UUUU,Dly II MIVUIUptC IU.GrUV I(JC-!OOU--+VOU-D I DU-DDUVl34LVMr I '
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13,
18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms,
conditions, and 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 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 project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act -40 U.S.C. 276(a), 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 seg.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 Title 42 U.S.C. 4601, et seg.1 z
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through
469c.1
h. Native Americans Grave Repatriation Act- 25 U.S.C. Section 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) -42 U.S.C. 4012a.1
1. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
in. 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 -42 U.S.C. 4151, et seg.1
s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
t. Contract Work Hours and Safety Standards Act- 40 U.S.C. 327, et seg.1
u. Copeland Anti-kickback Act- 18 U.S.C. 874.1
v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seg.1
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
X. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.'
y. Drug-Free Workplace Act of 1988 -41 U.S.C. 702 through 706.
Airport Sponsor Assurances 3/2014 Page 2 of 20
LjUL;Uoly I I rI IVCIUpU ILi.CrUU I/JC-/JDU-4U0Z7-0 I DLYDDUUVJ44UMr!
z. The Federal Funding Accountability and Transparency Act of 2006, as amended
(Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252).
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
Federal Regulations
a. 2 CFR Part 180 - OMB Guidelines to Agencies on Govemmentwide Debarment
and Suspension (Nonprocurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles
Applicable to Grants and Contracts with State and Local Governments, and OMB
Circular A-]33 - Audits of States, Local Governments, and Non-Profit
Organizations].4,s,6
c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment
d. 14 CFR Part 13 - Investigative and Enforcement Procedures 14 CFR Part 16 -
Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
e. 14 CFR Part 150 -Airport noise compatibility planning.
f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local
Government Services.
g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title
VI of the Civil Rights Act of 1964.
h. 29 CFR Part 1 - Procedures for predetermination of wage rates.)
i. 29 CFR Part 3 - Contractors and subcontractors on public building or public work
financed in whole or part by loans or grants from the United States.'
j. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering
federally financed and assisted construction (also labor standards provisions
applicable to non-construction contracts subject to the Contract Work Hours and
Safety Standards Act).'
k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally assisted
contracting requirements).'
1. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative
agreements to state and local governments.3
in. 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.
Airport Sponsor Assurances 3/2014 Page 3 of 20
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p. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition
for Federal and Federally Assisted Programs_1 2
q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in
Department of Transportation Programs.
r. 49 CFR Part 27—Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance.I
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 41 - Seismic safety of Federal and federally assisted or regulated
new building construction.
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.
Footnotes to Assurance C.I.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local
Governments receiving Federal assistance. Any requirement levied upon State
and Local Governments by this regulation and circular shall also be applicable
to private sponsors receiving Federal assistance under Title 49, United States
Code.
4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget
(OMB) issued the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200
replaces and combines the former Uniform Administrative Requirements for
Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or
Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220;
Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it
replaces Circular A-133 guidance on the Single Annual Audit. In accordance
with 2 CFR section 200.110, the standards set forth in Part 200 which affect
administration of Federal awards issued by Federal agencies become effective
once implemented by Federal agencies or when any future amendment to this
Part becomes final. Federal agencies, including the Department of
Transportation, must implement the policies and procedures applicable to
Federal awards by promulgating a regulation to be effective by December 26,
2014 unless different provisions are required by statute or approved by OMB.
Airport Sponsor Assurances 3/2014 Page 4 of 20
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5 Cost principles established in 2 CFR part 200 subpart E must be used as
guidelines for determining the eligibility of specific types of expenses.
6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines
for audits.
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.
5. 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 with such performance by the
sponsor. This shall be done in a manner acceptable to the Secretary.
Airport Sponsor Assurances 3/2014 Page 5 of 20
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b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its
title or other interests in the property shown on Exhibit A to this application or,
for a noise compatibility program project, that portion of the property upon which
Federal funds have been expended, for the duration of the terms, conditions, and
assurances in this grant agreement without approval by the Secretary. If the
transferee is found by the Secretary to be eligible under Title 49, United States
Code, to assume the obligations of this grant agreement and to have the power,
authority, and financial resources to carry out all such obligations, the sponsor
shall insert in the contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transferee all of the terms, conditions, and
assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of local
government other than the sponsor, it will enter into an agreement with that
government. Except as otherwise specified by the Secretary, that agreement shall
obligate that government to the same terms, conditions, and assurances that would
be applicable to it if it applied directly to the FAA for a grant to undertake the
noise compatibility program project. That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce this agreement against
the local government if there is substantial non-compliance with the terms of the
agreement.
d. For noise compatibility program projects to be carried out on privately owned
property, it will enter into an agreement with the owner of that property which
includes provisions specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is substantial non-
compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to
ensure that the airport will continue to function as a public-use airport in
accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any
agency or person other than the sponsor or an employee of the sponsor, the
sponsor will reserve sufficient rights and authority to insure that the airport will
be operated and maintained in accordance Title 49, United States Code, the
regulations and the terms, conditions and assurances in this grant agreement and
shall insure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any
arrangement that results in permission for the owner or tenant of a property used
as a residence, or zoned for residential use, to taxi an aircraft between that
property and any location on airport. Sponsors of general aviation airports
entering into any arrangement that results in permission for the owner of
residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
Airport Sponsor Assurances 3/2014 Page 6 of 20
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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.
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.
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 section 44706 of Title 49,
United States Code, and all the security equipment required by rule or regulation, and
Airport Sponsor Assurances 3/2014 Page 7 of 20
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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.
a. 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 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, in accordance with the
Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), 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 Section 47112 of Title 49, United
States Code. 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,
Airport Sponsor Assurances 3/2014 Page 8 of 20
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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.
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.
a. The airport and all facilities which are necessary to serve the aeronautical users of
the airport, other than facilities owned or controlled by the United States, shall be
operated at all times in a safe and serviceable condition and in accordance with
the minimum standards as may be required or prescribed by applicable Federal,
Airport Sponsor Assurances 3/2014 Page 9 of 20
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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-
t) 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 airmen 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 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
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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-
t) 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
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.
Airport Sponsor Assurances 3/2014 Page 11 of 20
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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 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.
a. 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
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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 Section 47102
of title 49 United States Code), if the FAA determines the airport sponsor
meets the requirements set forth in Sec. 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report will
provide an opinion concerning, the use of airport revenue and taxes in paragraph
(a), and indicating whether funds paid or transferred to the owner or operator are
paid or transferred in a manner consistent with Title 49, United States Code and
any other applicable provision of law, including any regulation promulgated by
the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49, United
States Code.
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 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
Airport Sponsor Assurances 3/2014 Page 13 of 20
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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, or
rights in buildings of the sponsor 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.
29. Airport Layout Plan.
a. 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
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roads), including all proposed extensions and reductions of existing airport
facilities;
3) the location of all existing and proposed nonaviation areas and of all existing
improvements thereon; and
4) all proposed and existing access points used to taxi aircraft across the airport's
property boundary. Such airport layout plans and each amendment, revision,
or modification thereof, shall be subject to the approval of the Secretary which
approval shall be evidenced by the signature of a duly authorized
representative of the Secretary on the face of the airport layout plan. The
sponsor will not make or permit any changes or alterations in the airport or
any of its facilities which are not in conformity with the airport layout plan as
approved by the Secretary and which might, in the opinion of the Secretary,
adversely affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary
determines adversely affects the safety, utility, or efficiency of any federally
owned, leased, or funded property on or off the airport and which is not in
conformity with the airport layout plan as approved by the Secretary, the owner or
operator will, if requested, by the Secretary (1) eliminate such adverse effect in a
manner approved by the Secretary; or (2)bear all costs of relocating such
property(or replacement thereof) to a site acceptable to the Secretary and all costs
of restoring such property (or replacement thereof) to the level of safety, utility,
efficiency, and cost of operation existing before the unapproved change in the
airport or its facilities except in the case of a relocation or replacement of an
existing airport facility due to a change in the Secretary's design standards beyond
the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United
States shall, on the grounds of race, creed, color, national origin, sex, age, or
disability be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in any activity conducted with, or benefiting from, funds
received from this grant.
a. Using the definitions of activity, facility and program as found and defined in §§
21.23 (b) and 21.23 (e) of 49 CFR § 21, 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
1) 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.
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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 (N. aine of Sponsor), 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 that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business
enterprises and airport concession disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, or national origin
in consideration for an award."
e. Required Contract Provisions.
1) It will insert the non-discrimination contract clauses requiring compliance
with the acts and regulations relative to non-discrimination in Federally-
assisted programs of the 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.
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, creed, sex, age, or handicap as a
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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.
a. 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 Section 47117(e) of title
49 United States Code, (3) reinvestment in an approved airport development
project that is eligible for grant funding under Sections 47114, 47115, or 47117 of
title 49 United States Code, (4) transferred to an eligible sponsor of another public
airport to be reinvested in an approved noise compatibility project at that airport,
and (5) paid 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 project that would otherwise be eligible
for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than
noise compatibility), it will, when the land is no longer needed for airport
purposes, dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States'proportionate share of the fair
market value of the land. That portion of the proceeds of such disposition which
is proportionate to the United States' share of the cost of acquisition of such land
will, (1) upon application to the Secretary, be reinvested or transferred to another
Airport Sponsor Assurances 3/2014 Page 17 of 20
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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 Section 47117(e) of title 49 United States Code, (3)
reinvestment in an approved airport development project that is eligible for grant
funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4)
transferred to an eligible sponsor of another public airport to be reinvested in an
approved noise compatibility project at that airport, and(5)paid 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.
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 with respect
to the project in the same manner as a contract for architectural and engineering
services is negotiated under Title IX of the Federal Property and Administrative
Services Act of 1949 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 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 the project in accordance with policies, standards, and specifications
approved by the Secretary including but not limited to the advisory circulars listed in
the Current FAA Advisory Circulars for AIP projects, dated (the latest
approved version as of this grant offer) and included in this grant, and in accordance
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with applicable state policies, standards, and specifications approved by the
Secretary.
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 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 DBE and 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 1936 (31 U.S.C. 3801).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar
is to be constructed at the airport for the aircraft at the aircraft owner's expense, the
airport owner or operator will grant to the aircraft owner for the hangar a long term
lease that is subject to such terms and conditions on the hangar as the airport owner or
operator may impose.
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39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in
section 47102 of title 49, U.S.C.)has been unable to accommodate one or more
requests by an air carrier for access to gates or other facilities at that airport in
order to allow the air carrier to provide service to the airport or to expand service
at the airport, the airport owner or operator shall transmit a report to the Secretary
that-
1) Describes the requests;
2) Provides an explanation as to why the requests could not be accommodated;
and
3) Provides a time frame within which, if any, the airport will be able to
accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the
airport has been unable to accommodate the request(s) in the six month period
prior to the applicable due date.
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EXHIBIT "C"
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IE�' FRESNO YOSEMITE
qlue* INTERNATIONAL AIRPORT
NOTICE OF ANNUAL RENTAL ADJUSTMENT
(Based on USDLBLS Consumer Price Index
for Urban Wage Earners and Clerical Workers- FRESNO CHANDLER EXECUTIVE AIRPC
ALL ITEMS, U.S. CITY AVERAGE) J LEASE AGREEMENT
7/2/201811:40 DATE: 7/2/201811
RE: John Tomaino, American Helicopters
LEASE AND AGREEMENT ANNUAL RENTAL ADJUSTMENT CON
FOR LEASE YEAR COMMEN
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 AMOUNT OF CPI CHANGE ...........
PERCENTAGE CPI CHANGE ...........
CURRENT AN'NUAL RENTAL I..........
THE CITY OF FRESNO -AIRPORTS DEPARTMENT AMOUNT_O �' ,T 'TMENT ...........
AND _ � p 'N A R$�u I A L ...........
American Helicopters
per Amendment 3 (5/2017) NEW MONTHLY RENTAL
EFFECTIVE March 1, 2018
EFFECTIVE March 1, 2018
ANNUAL RENTAL WILL BE: $12,732.75
Monthly Rent will be: $1,061.06
Prepared by: CITY OF FRESNO -AIRP(
J PROPERTIES SECTION
4995 E. CLINTON WAY
J FRESNO, CA 93727-15(
C
TELEPHONE: (559) 621-
If you have any questions concerning this matter,
please contact the undersigned at (559) 621-4543.
NOTES: * PER USDL/BLS
Melissa A. Garza-Perry
Airports Properties Supervisor
City of Fresno -Airports Administration !
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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"
UUUUOI I IF-[IVUIUptC IU. CrUU I!JC-I JOO-fftIOU-O I OLl-000Z2IJ3°#4UMr_f
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"
UVUU01 I I CI IVCIUPI IU.CrUU 1!JC-/000"#.70U-0 I DU-OOUVI.i J'1LUMr/
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 "D"
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Improvements — all buildings, structures, and facilities including, but not limited to,
pavement, fencing, signs and landscaping constructed, installed or placed on, under or
above any leased area by, or with the concurrence of, a Lessee of Airport property.
Leased Premises or Premises — real estate at the Airport covered by an Agreement or
Lease.
Lessee or Operator or Tenant — an Entity that has entered an Agreement or Lease
with the Department.
Lessor or Landlord —the Department
Mobile Service Provider or MSP - an Entity that conducts one or more authorized
Revenue Generating Aviation Activities on, at or from the Airport, but does not operate
out of leased or Subleased Premises. Examples of MSPs include, but are not limited to,
Aircraft mechanics, flight instructors, Aircraft detailers, and oil recyclers.
On Demand Air Transportation - is unscheduled commercial air transportation for hire
operated under FAR parts 119 and 135
Preventive Aircraft Maintenance - maintenance that is not considered a major aircraft
alteration or repair and does not involve complex assembly operations listed in FAR
Part 43.
Public Airport - an airport used or intended to be used for public purposes (A) that is
under the control of a public agency and (B) of which the area used or intended to be
used for the landing, taking off, or surface maneuvering of Aircraft is publicly owned.
Ramp — paved areas suitable for parking Aircraft.
Repair Facility — a facility (sometimes called a shop) that is used for repairing Aircraft
or Aircraft systems, components or accessories including, without limitation thereto,
engines, powerplants, propellers, radios, navigational aids and instruments
Revenue-Generating Aviation Activity — any commercial activity which relates to the
fabrication, operation, maintenance, modification, repair, cleaning [exterior and/or
interior], refurbishing, restoration, overhaul, painting, plating or refinishing of Aircraft;
or of the airframes, powerplants, components, equipment, systems or accessories of
Aircraft Revenue-Generating Aviation Activities include, but are not limited to, pilot
training; demonstration flights; "dog-fighting"; Aircraft rental; sightseeing flights; glider
towing; parachuting; "sky diving"; aerial ambulance; aerial firefighting; aerial
photography or surveying; aerial advertising; aerial traffic or news reporting; powerline,
pipeline or other aerial patrolling; aerial application; weather modification; air taxi or
charter; Aircraft sales, including fractional ownership; commercial flying clubs;
management of Aircraft owned by others; Aircraft scheduling: passenger handling;
ground handling; passenger security screening; baggage, mail or freight
Exhibit"D"
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loading/unloading and/or transportation on the Airport; Aircraft marshalling and push-
back; receipt and/or storage on the Airport of mail, baggage or freight; flight dispatch;
loading bridge operation; the sale and/or delivery or installation of Aircraft components,
parts, systems or accessories, and the sale and/or delivery of products used by or in
Aircraft, including fuel, lubricants, additives, oxygen and flight meals.
Revenue Generating Aviation Activities do not include any of the above activities if
conducted by a governmental unit or agency in support of its governmental functions;
nor do Revenue-Generating Aviation Activities include Airline operations or any of the
above activities conducted by an Airline with its own employees in support of its Airline
operations; nor do Revenue Generating Aviation Activities include Aircraft Operations
by transient or itinerant Aircraft, or non-commercial Aircraft operations by personal or
business aircraft based at the Airport in a Leased hangar or tie-down space.
Specialized Aviation Service Operator or SASO — an Entity that is authorized to
engage in one or more Revenue Generating Aviation Activities, but is not an FBO.
Sublease or Subcontract - a written agreement stating the terms and conditions under
which a third party Entity (the Sublessee or Subcontractor) rents space (Subleased
Premises) at the Airport from a Lessee, and/or conducts a Revenue Generating
Aviation Activity from a Lessee's Premises. A Sublease or Subcontract can not
authorize the Sublessee or Subcontractor to conduct any Business at the Airport:
business privileges can be authorized only by the City, in a complementary Agreement
between the Subcontractor or Sublessee and the City
Through-the-Fence Business Operation - An aviation-related business activity
located in the immediate vicinity of the Airport, but not on Airport property, which activity
would be a Revenue Generating Aviation Activity if located at or on Airport property; and
which requires some entrance upon Airport property by the business operator for the
business activity to be accomplished. A Through-the-Fence Business Operation relies
upon Airport users as a continuous and significant source of its business. An example
would be an Aircraft inspection and repair business where the Aircraft or a major Aircraft
component is ground transported off the Airport for the inspection and repair and
returned to the Airport upon completion of the inspection and repair.
SECTION 3. STATEMENT OF POLICY - PRINCIPLES APPLYING
It is the policy of the City to operate and develop FCH as a reliever airport for the City's
airline airport, FYI, with FCH primarily serving general aviation Aircraft. Both Airports
will be operated and developed by the Department as a financially self-supporting,
complementary system of airports serving the entire range of airport users safely,
securely and efficiently, offering reliable, high quality aviation products and services to
meet the air transportation needs and desires of the region's citizens, visitors,
commerce and economy in an environmentally friendly manner and as a good neighbor.
Exhibit"D"
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To meet these policy goals, the Department shall be guided by the following principles:
1. No Entity may regularly engage in any Revenue Generating Aviation Activity at,
on or from the Airport without first entering a written Agreement with the City
which will prescribe the Revenue Generating Aviation Activity or Activities
authorized and/or required to be offered.
2. Entities so authorized will be required to make a financial investment in
Improvements and/or Equipment sufficient to satisfy the reasonably anticipated
demand for the Business(es) authorized.
3. The rents, fees and/or charges charged to their clients and customers by
authorized Entities shall not be higher than are reasonable and customary in that
trade or business in Central California.
4. The rents, fees and/or charges charged by the Department shall be fair and not
unduly discriminatory, taking into consideration the Department's direct and
indirect costs of providing, maintaining, servicing and keeping secure the Airport,
including the rented or Subleased Premises, the market value of same, the
revenue potential of the Revenue Generating Aviation Activities authorized and
their relative importance to the region. Before commencing Business operations,
authorized Entities shall post and maintain security equivalent to not less than
three months' of the anticipated rents fees and/or charges payable to the
Department.
5. The term of any Agreement, including any options to extend, shall be no longer
than required to reasonably amortize the investment in Improvements to Airport
Premises that the Lessee is required to make.
6. In addition to compliance with all applicable building, zoning and hazard codes
and the FCH Specific Plan, all Improvements must be approved by the
Department as to architectural suitability, location and height with respect to
other Airport facilities. No Improvement will be permitted that in any way
interferes with or derogates Airport operations, or other Airport facilities, or
encroaches into or conflicts with any building restriction line or safety area
depicted on the current ALP.
7. The then effective Airport Master Plan and FCH Specific Plan shall control the
types, placement and sizing of all future facilities at the Airport. No extant facility
that does not conform with the then current Airport Master Plan and FCH Specific
Plan shall be used or leased on terms that might impede or delay the timely
development of the Airport in conformity with the then current Airport Master Plan
and FCH Specific Plan, nor shall any Improvements to such facility be allowed if
that might impede or delay timely subsequent development of the Airport in
conformity with the said Master Plan and FCH Specific Plan.
Exhibit"D"
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8. The highest and best use shall be made of the limited Airport premises so as to
maximize the capacity of the Airports system to meet the air transportation needs
and desires of the Airports' region. Lower or lesser uses may be authorized on
an interim basis to provide interim revenues to the Department, but any such
lower or lesser use(s) shall be on bases that will not impede or delay the
eventual highest and best use. Hangars shall be used for the storage of Aircraft
that are Airworthy or in the process of being made Airworthy and Aircraft
associated support materials, AND/OR in the case of authorized FBOs or SASOs
for the conduct of their authorized Business(es). Without limiting the generality of
the foregoing, no hangar may be used primarily for storing or inventorying
personal property that is not closely associated with the servicing, maintenance
and/or care of Airworthy Aircraft or Aircraft actively in process of being made
Airworthy, or being prepared for public display, or being specially prepared,
treated and preserved for future rehabilitation.
9. Through-the-Fence Business Operations shall be authorized only if the products
or services to be offered are not already available on the Airport and there is no
reasonable possibility of accommodating the Through-the-Fence applicant on the
Airport.
SECTION 4. GENERAL LEASE PROVISIONS/OBLIGATIONS; INCORPORATION
BY REFERENCE
All Agreements authorizing any Revenue Generating Aviation Activity at the Airport shall
incorporate by reference the following provisions and the then effective Minimum
Standards, but only to the extent each such provision or standard is not in conflict with
any express provision of the Agreement. In the case of any conflict, the Agreement
shall control.
1. Employee Conduct and Customer Service Emphasis
A. Management Control and Supervision - Each authorized Operator is
required to employ the necessary quantity of trained management and
supervisors to provide for the safe, secure, and timely compliance with its
Lease obligations.
B. Personnel Training and Certification - All authorized Operator personnel
shall be fully qualified and trained to provide a high quality standard of
courteous, efficient, and safe service to the public and customers.
Personnel shall meet all Federal, State, and local certification and
licensing requirements applicable to their individual duties.
2. Facilities for the storage and disposal of toxic materials and contaminants must
comply with all applicable governmental rules, regulations, standards and
requirements. Operator will obtain all necessary permits for storage and disposal
Exhibit"D"
L/Ul:UJ1lJ.II CIIVCIupu IL/. Crvu I I OF-I ODO-'+70ZY-D I DL/-0DO.'7%-3+4U1-%r/
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"
UUUU0J 1I CI IVUIUIJU IU. CrUU I DU-DDU.'71.J'4LUMr/
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"
UUI:UJIIy.I I I-I IV CIUptC IU. Cf UU 1 l JC-/JD;J-'+=U-D I DU-D DO U%,0'#LUMr I
(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"
UUUUJIIJ.I I r-IVWUPtC IU. CrUU I/JC-/0DU-1#.70,J-D I DU-DDU.7l'J44UNr!
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"
UUUU.DJyJ I CI IVCIUFJC IU.CrUU I/or-I ODU-'+�OV-D I DU-DDUyI+J'+LUMr/
15. Lessee, or Lessee's personal representative, its successors in interest and
assigns, as part of the consideration hereof, does hereby covenant and agree as
a covenant running with the land that (1) no person on the grounds of race,
gender, religion or national origin shall be excluded from participation in, denied
the benefits of, or be otherwise subjected to discrimination in the use of said
facilities, (2) that in the construction in the use of any improvements on, over or
under such land and the furnishing of services thereon, no person on the
grounds of race, gender, religion or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be subjected to
discrimination, (3) that the Lessee, shall use the premises in compliance with all
other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, U.S. Department of Transportation, Subtitle A, office of the
Secretary, Part 21 nondiscrimination federally-assisted programs of the U.S.
Department of Transportation - effectuation of Title VI of the Civil Rights Act of
1964, and as said regulations may be amended. In the event of breach of any of
the above nondiscrimination covenants, the Department shall have the right to
terminate the Lease and to re-enter and repossess said land and the facilities
thereon, and hold the same as if said Lease had never been made or issued.
Lessee agrees to furnish services on a fair, equal and not unjustly discriminatory
basis to all users thereof, and to charge fair, reasonable and not unjustly
discriminatory prices for each unit or service; provided, that the Lessee may be
allowed to make reasonable and nondiscriminatory discount, rebate or other
similar types or price reductions to volume purchasers.
16. Lessee, if applicable, must provide a plan meeting all local, state and federal
regulations for the storage, containment and disposal of contaminants and toxic
waste.
17. Lessee agrees to comply with airport rules and regulations as established and
revised from time to time by the Director.
18. Lessee agrees to engage only in the Business or activity authorized by its
Agreement. Failure to actively engage in one or more of the Businesses
authorized for a period of 90 days or more, shall be grounds for termination by
the City of the authority to engage in that or those Businesses, or termination of
the Lease.
Lessee shall notify the Director of every instance where Lessee has knowledge
of, or suspects that, another Entity is using Lessee's Premises for a Revenue-
Generating Aviation Activity not authorized by the Department. Failure to timely
take reasonable means to determine if a particular activity constitutes an
unauthorized Revenue-Generating Aviation Activity shall make Lessee liable to
the City for the fees and charges pertinent to the unauthorized Revenue-
Generating Aviation Activity as if it had been authorized. Further, Lessee shall
Exhibit"D"
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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"
UUUUJIIJ.1I CI IV1d1L)PC IU. Cr UU I I JC-I JDU"FZ?05-D I DU-DDU.,_,0-+LUMr_I
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"D"
i
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■ A free-span hangar of not less than 20,000 square feet
• Paved parking as required by code, but not less than sufficient to park ten
automobiles
• Above-ground, double-walled fuel storage tank(s) with not less than 12,000
gallons capacity of aviation gasoline
• A tank of not less than 5,000 gallons storage for Jet A fuel, which may be truck-
mounted or stationary. If stationary, it shall be above ground, double-walled and
located with the aviation gasoline storage and plumbed for self fueling like
aviation gasoline
■ Storage for not less than 144 quarts of the most popular grades of aviation oil
• An air hose for inflating aircraft tires, and a constant supply of paper towels for
pilots use wiping dipsticks and/or cleaning aircraft windshields.
Equipment
Each FBO shall provide:
• A tug capable of towing an aircraft of 12,500 # gross weight
• Tow bars to fit common GA aircraft
■ An air start cart or vehicle
■ An electric "boost" cart or vehicle with 1600 amps capacity at both 14 and 28
volts, with adapters to fit common GA aircraft [all the foregoing may be
combined in one or more vehicles]
• An air compressor capable of compressing air to not less that 125 psi for landing
gear strut and/or tire inflation
• Bottled nitrogen for inflating Aircraft landing gear struts and/or tires
• Dollies and other equipment for use with the tug in removing disabled aircraft of
12,500 # gross weight from the AOA
• Aviation grade oxygen re-fills
Hours of Operation
Each FBO shall be open for business and attended during all daylight hours except
Sundays and not more than nine major holidays each year. Any closures or other
deviations from this schedule must be requested in advance and approved in writing
by the Director.
During regular business hours, each FBO shall promptly provide Equipment and
trained personnel to remove disabled Aircraft (under 12,501#) from the AOA — at the
request of, and with an appropriate release of liability or indemnification from the
owner or operator of the disabled aircraft or the Director.
Outside regular business hours, each FBO shall be on-call to provide the same
Equipment and trained personnel within four (4) hours. If multiple FBOs are
obligated to provide aircraft removal services on the Airport, they may agree among
Exhibit"D"
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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 Servicin . The SOP
shall address bonding and fire protection, public protection, control of access to the
fuel storage area, and marking and labeling of fuel storage tanks and fuel dispensing
equipment, and shall be submitted to the Director no later than thirty (30) days prior
to the FBO commencing fueling activities.
Additionally, the FBO shall comply with FAA Advisory Circular 150/5230-4, Aircraft
Fuel Storage, Handlingand Dis ensin 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"
1
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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"
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1. Flight Training SASOs
SASOs providing aircraft dual and solo ground and flight instruction necessary to
complete the written examination and flight check for any category of pilot
certificate or rating shall, as a minimum:
a. Provide at least one (1) or more FAA certified flight instructors as
necessary to meet the flight training demand and schedule
requirements.
b. Provide at least four (4) properly licensed and maintained fixed
wing aircraft and/or at least one (1) helicopter equipped to
accomplish the services offered. If only helicopter instruction is
offered, no fixed wing aircraft will be required.
C. Provide air-conditioned classroom space of not less than 100
square feet.
2. Airframe and Power Plant Maintenance SASOs
SASOs providing major or minor airframe and/or power plant servicing,
maintenance, overhaul, repairs or modifications shall:
a. Operate from a ventilated shop space large enough to
accommodate one multi-engine Aircraft of 12,500# gross weight.
b. Have on-duty at lest one (1) FAA-certified technician who posses
an airframe and/or powerplant certificate, with inspection
authorization, or possess and operates pursuant to repair station
certificate pursuant to FAR Part 145.
C. Provide equipment, supplies and parts required for GA aircraft and
power plant inspection, maintenance and repair.
3. On-Demand SASOs
SASO's providing On-Demand Air Transportation shall:
a. Provide at least one (1) person who is appropriately licensed and
rated to permit the flight activity offered by the SASO.
b. Provide one properly maintained and equipped aircraft to
accomplish the services offered.
Exhibit"D"
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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"
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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"
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a. Operate from an exclusively occupied office on the Airport and
have at least one (1) qualified aircraft salesperson who holds a
current pilot certificate with appropriate aircraft type ratings
8. Aircraft Restoration, Painting, and Refurbishing SASOs
SASOs providing the restoration, painting and refurbishing of aircraft structures,
propellers, accessories, interiors, exteriors, and components, shall:
a. Operate from a ventilated shop space large enough to
accommodate one multi-engine Aircraft of 12,500# gross weight.
b. Have at least one (1) qualified person that has certificates
appropriate for the work performed.
C. Meet all requirements of the Uniform Fire Code.
d. If painting is to be performed on the Airport, holds any and all the
air quality and other permits required for same.
9. Specialized Flying Services SASOs
SASOs providing specialized commercial flying services such as non-stop
sightseeing tours, aerial photography or surveying, power line or pipeline patrol,
firefighting or fire patrol, air ambulance, airborne mineral exploration, banner
towing, and other air transportation operations specifically excluded from FAR
Part 135 shall:
a. Provide at least one (1) person who holds a current FAA
appropriate pilot certificate and medical certificate with ratings
appropriate for the operator's aircraft.
b. Own or lease at least one (1) Airworthy Aircraft.
10. Commercial Skydiving
Inasmuch as the Airport is located under FYI's Class C Airspace, no skydiving
whatsoever is authorized at, on or from the Airport.
Exhibit "D"
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11. Aerial Applications
Aerial application operations are not authorized at, on or from the Airport.
12. Mobile Service Providers.
If the Director shall determine that the significant needs of Chandler's based
aircraft owners are not being adequately served by the authorized, on-airport
SASOs, he may, in his discretion, authorize Mobile Service Providers who
shall meet at least the following general requirements:
Each MSP shall hold a City issued Commercial Aviation Operator Permit.
Each MSP shall ensure compliance with Airport Security Access Plan.
Each MSP shall provide sufficient qualified personnel necessary to meet the
Minimum Standards for each aeronautical service provided. However,
multiple responsibilities may be assigned to employees where feasible.
Each MSP shall provide the Director, and keep current, a written statement of
names, addresses, and contacts of all personnel responsible for the operation
and management of the MSP.
7/11/05 version
Last Updated 07/11/2005 22
J:\FCH\Master Documents\7-26-05, Minimum Standards FCH(Final).doc
UUt,UolyI IF-[IVUIU'JU IU.CrUU I/JC-/DDU-'+VO�-D I DV-DDUM,0-14UMr! _
EXHIBIT "E"
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Exhibit "E"
DISCLOSURE OF CONFLICT OF INTEREST
between City of Fresno ("Fresno")
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its ❑ ❑x
agents?
2 Do you represent any firm, organization or person who is in ❑ ❑x
litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who do ❑ ❑x
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 ❑ ❑x
has any significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with ❑ ❑
this Project?
* If the answer to any question is yes, please explain in full below.
Ugna
Explanations
ure
4/12/2023
Date
Joseph Oldham
(name)
New vision Aviation
(company)
540 W. Kearney Blvd.
(address)
D Additional page(s) attached. Fresno, CA 93706
(city state zip)
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EXHIBIT "F"
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r
m
N
Z
N
3
-Fh [ Sng ( MAnDLIR m
IDENTIFICATION TENANT APPLICATION
TENANT INFORMATION
Full Name
_(Please Print) First Middle Last -,
Residence Address a
Street Apt.# City State Zip
Phone# Cell # Email:
Emergency Contact(1) Emergency Contact Phone#
(Please Print)First Middle Last
Company Name
Aircraft Hangar Number(s)/Tail Number(s)
The information I have provided is true,complete,and correct to the best of my knowledge and belief and is provided in good faith. I understand that a
knowina and willful false statement can be punished by fine or imprisonment or both.(Section 1001 of Title 18 of the United States Code)
Signature: J Date
PLEASE DO NOT WRI
TE BELOW THIS LINE(RESERVED FOR OFFICIAL USE ONLY)
-7
Issued: Expires: File# Pin# Tenant/Vendor/
Sub Tenant
AIRPORT PROPERTY MANAGER AUTHORIZED SIGNATURE
Full Name(Print)First Middle Last
Signature Date
FRESNO YOSEMITE INTERNATIONAL AIRPORT • FRESNO CHANDLER EXECUTIVE AIRPORT
PUBLIC SAFETY OFFICE
4995 E CLINTON WAY
FRESNO, CA 93727
559-621-6650
L
Revised January 2023
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