Okaloosa County BOCC — April 27, 2013 — MSA Amended and Restated Lease Agreement with Exhibits — reading text

including Service and shall comply with all applicable federal statutes an but not limited to, those promulgated by the Federal Aviation Administration. | obtain and keep in effect during the term of their permit des coverage for general liability to ion ($1,000,000) dollars oosa County Board of e, All private users shal and/or operations, an insurance policy which provi include premises and property damage, of at least one mi combined single limits, and said policy shall name the Okal 12 lt also furnish the Airports Director Commissioners as an additional insured. The user shal uted on an approved form showing with a certificate from the user’s insurance carrier exec such insurance to be in full force and effect. £ Private users who do not have written permission from an FBO which allows the user to refuel on the FBO’s leased premises shall coordinate with, and receive written permission from, the Airports Director for the location of, and access routes to, an alternative fueling location. erimental Aircraft Association currently at the Bob Sikes Airport are heretofore ate owners as set forth g. The Chapter 108, Hangarmates of Exp e agreement with the BOARD operating under leas from the standards for self-fueling by priv considered exempt above. SECTION 14. MINIMUM REQUIREMENT - FLYING CLUBS: Regulations ach club must obtain approval from the t for proposed activities. Prior to, and h club, at the request of the { status, and Prior to commencement of aeronautical activities, e BOARD and secure a lease and operating agreemen during the term of the lease and operating agreement, eac BOARD will submit sufficient documentation to establish ownership, financial technical ability, in addition to adhering to the following regulations: a. Each club must be registered as a non-profit corporation or partnership. b, Each member must be a bona fide owner of the aircraft or stockholder in the corporation. e from the use of its aircraft than the c. The club may not derive greater revenu! ce, and replacement of its aircraft. amount necessary for the actual operation, maintenan d. The club will file and keep current with the Airports Director a complete list of the club’s membership and investment share held by each member. 2. The club’s aircraft will not be used by other than bona fide members for rental and will not be used by anyone for commercial operations. £ Student instruction can be given in club aircraft to club members provided such instruction is given by a Lessee based at the AIRPORT who provides flight instruction, or by an instructor who shall not receive remuneration in any manner for such service. all be limited to only that g, Aircraft maintenance performed by the club sh | other maintenance must be maintenance that does not require a certificated mechanic. Al 13 provides such service, or by a properly provided by a lessee based at the AIRPORT who ation in any manner for such service. certificated mechanic who shall not receive remuner: SECTION 15. NEW APPLICATIONS: Any corporation, partnership, or individual desiring to receive permission to operate as a full-service FBO, a Specialty Service operator, or any other business or aeronautical the BOARD’s Airports Director. activity on the AIRPORT shall first make application to : The application shall be in sufficient detail to discern the completed qualifications of the applicant to perform the desired service and shall include the following: a. A written letter detailing the nature of the proposed activity as well as the following: i. The name, address, and telephone number of the applicant, 2. A detailed description of the proposed operation, to include the date of commencement, 3, The professional qualifications of the personnel who will manage and/or operate the proposed service; 4. Descriptions and cost estimates of any proposed capital improvements on the proposed site, 5. Pro forma operating statement for first year’s activity. b. A current financial statement prepared or certified by, a certified public | statement as provided to a financial accountant, if available, and if not, a current financia ; institution. The BOARD shall be entitled to consider the type of financial statement in evaluating the applicant’s financial ability to provide responsible, safe, and adequate service to the public. or being purchased which will be c. A written listing of the assets owned, leased, leases or purchase contracts must used in the business on the AIRPORT. Copies of any be attached. d. A current credit report covering all areas in which the applicant has done business in the past ten (10) years. | aviation or aeronautic commissions, licant has engaged in aviation licant or its operation. The e requested by those e A written authorization of the FAA and al administrators, or departments of all states in which the app! business to release information in their files relating to the app applicant will execute such forms, releases, or discharges as may b agencies. 14 f The applications shall be signed and submitted by every person owning an interest in the business, those who will be managing the business if already designated, every partner of a partnership, and each director and/or officer of the corporation. g. Any additional information and material necessary or requested by the BOARD to establish to the satisfaction of the BOARD that the applicant can qualify and will comply with these Minimum Standards, The application together with all supporting documentation shall be submitted to the Airports Director. For Fixed Base Operations, once all application material is submitted and reviewed by the Airports Director, and provided the application is deemed complete, the Airports Director shall request BOARD directive to initiate the Bid Process. All other aviation-related Specialty Service Operations and/or company or individual who uses the AIRPORT or any of its improvements of facilities for any revenue-producing business or commercial aeronautical activities and once all application material is submitted and reviewed by the Airports Director, the matter shall be considered within thirty (30) days of the next regularly scheduled meeting of the BOARD, provided the application is deemed complete. The BOARD may deny any application if, in its opinion, it finds any one or more of the following: a. The applicant for any reason does not meet the qualifications, standards, and requirements established by these rules and regulations, or is not prepared to meet same within a reasonable time to be established by the BOARD; b. The applicant’s proposed operation or construction will create a safety hazard on the AIRPORT; c. The granting of the application will require the BOARD to spend funds or t supply labor or materials in connection with the proposed operation, or the operation wi result in a financial loss to the BOARD; 0) il d. No appropriate, adequate, or available space or building exists at the AIRPORT which would accommodate the entire activity of the applicant at the time of application nor is contemplated within a reasonable time thereafter, e. The proposed operation, airport development, or construction does not comply with the Airport Master Plan then in effect; f The development or use of the area requested by the applicant will result in a congestion of aircraft or buildings, or will result in unduly interference with the operations 15 of any present Fixed Base Operator on the AIRPORT relating to problems with aircraft service and/or prevent free access to the Fixed Base Operator's area, g. The applicant has either intentionally or unintentionally misrepresented or omitted any material fact in the application or in supporting documents, h. The applicant has failed to make full disclosure on the application or in supporting documents, ations of any other olating the rules and regul ations i, The applicant has a record of vi lations, or any other rules and regul airport or civil air regulations, FAA regu applicable to Okaloosa County Airports, j. The applicant has defaulted in the performance of any lease or any other agreement with the BOARD; on of the BOARD, exhibit adequate k. The applicant does not, in the opini nancial information financial responsibility to undertake the project, based upon current fi provided; 1, The applicant cannot provide a performance bond in the amount required by the BOARD for that contract; m. The applicant has been convicted of any felony or a misdemeanor involving moral turpitude. he BOARD from granting or denying, for any o do business on the AIRPORT for the purpose aviation products supplied for any service or lication for the non-profit use of an airport Nothing contained herein shall prohibit 1 reason it deems sufficient, an application t of selling, furnishing, or establishing non- business of a non-aeronautical nature, or an app facility. SECTION 16, INSURANCE REQUIREMETNS: The operator will provide, and maintain in full force and effect, insurance coverage in the following types and minimum amounts. s, general liability coverage to include Ilion ($2,000,000.00) dollars combined lion ($2,000,000.00) dollars a For full service Fixed Base Operation premises and property damage of at least two mi aingle limit (CSL), aircraft liability coverage of at least two mil CSL; products/completed operations liability coverage of at least two million (2,000,000.00) dollars CSL; hangarkeepers liability coverage of at least two million ($2,000,000:00) dollars CSL. Insurance coverage shall be applicable to the type of activity being conducted. 16 ing ofe of more of the services in premises and property damage of at ity coverage of at least one million liability coverage of at least one b. For any Specialty Service Operator offer Section 11 above, general liability coverage to include least one million ($1,000,000.00) CSL; aircraft liabil ($1,000,000.00) CSL; and products/completed operations million ($1,000,000,00) CSL. be named as an additional insured on he Airports Director a certificate of oved form, verifying The Okaloosa County Board of Commissioners shall all such policies. The operator shall also submit to t insurance from the operator’s insurance carrier, executed on the appr the types, limits and expiration dates of all policies. SECTION 17. WAIVER OF MINIMUM STANDARDS: The BOARD may, at its discretion, waive all or any portion of the Minimum Standards set forth herein for the benefit of any government or governmental agency performing non- profit public services to the aircraft industry. The BOARD may further temporarily waive any of the Minimum Standards for non-governmental applicants where it deems such waiver to be in the best interest of the AIRPORT’s operation and public good. SECTION 18. VIOLATIONS, PENALTIES AND PROCEDURES: hat any of these Minimum Standards have been AIRPORT, and that he or she cannot resolve the matter satisfactorily by notice to, and discussion with, the offending operator, then the Airports Director may recommend to the BOARD that formal action be taken against the offending operator. The BOARD shall allow the operator notice and an opportunity to be heard before deciding whether and what action should be taken against the operator for the alleged violation. Such action may include, but not limited to, reprimand, suspension of airport operations by the operator, or revocation of the operator’s right to conduct business at the AIRPORT. If the Airports Director determines t violated by an entity operating on the SECTION 19. SAFETY AND SECURITY: All operators shall abide by all provisions of the approved AIRPORT rules and regulations. If violations of the approved AIRPORT tules and regulations result in fines being levied by any federal or state agency, the operator will reimburse the BOARD for the full cost of said fines within thirty (30) days of