Agenda 01/10/2017 Item #16G 1 16.G.1
01/10/2017
EXECUTIVE SUMMARY
Recommendation to accept staff's assessment and recommendation to take no action at this time
regarding the unsolicited proposal for scheduled air charter service from Marco Island Executive
Airport to Key West.
OBJECTIVE: To review the findings and recommendation from Airport Authority staff regarding an
unsolicited proposal for scheduled air charter service from Marco Island Executive Airport(MKY)to Key
West.
CONSIDERATIONS: On December 13, 2016, Mr. John Swasey of Exec Air, Inc. of Naples petitioned
the Board of County Commissioners (Board) (Item 7, Public Comment) for approval to commence
scheduled air-charter service at MKY, starting January 15` 2017. There being insufficient time to analyze
the proposal for viability and compliance with Airport Authority regulations, the Board directed staff to
review the proposal and return with an analysis and/or recommendation at the next Board meeting on
January 10,2017.
Exec Air, Inc., of Naples (John Swasey) is a current T-Hangar tenant at the Immokalee Regional Airport
with authorization to conduct limited aircraft maintenance services within the Leased premises, as
originally approved by the BCC on June 1,2011,and renewed on March 8,2016 (Item 16G3).
As indicated in Mr. Swasey's proposal dated December 12, 2016, Exec Air intends to operate a daily
scheduled round-trip flight from MKY to Key West International Airport (EYW), which would require a
physical presence (counter or office space) at MKY in accordance with the "Minimum Standards for
Commercial Airport Aeronautical Activity and Services Providers at the Collier County Airports,"
(Minimum Standards) as approved by the Collier County Airport Authority (CCAA) on November 14,
2005. The Minimum Standards document states,in part,the following:
The Federal Aviation Administration (FAA) contends that it is the prerogative of the airport
owner to impose Rules and Regulations for the operation and use of its airport and Minimum
Standards to establish the threshold entry criteria for those wishing to engage in providing
commercial aeronautical services to the public on the airport...
[And] to ensure that those who are currently providing commodities and services as approved,
are not exposed to unfair or irresponsible competition. These Minimum standards were
developed taking into consideration the aviation role of the [Collier County Airport]facilities
that currently exist, services being offered, the planned future development, and to promote fair
competition at the[Collier County Airports].
Section 10 - Aircraft Charter and Air Taxi of the Minimum Standards outlines the requirements of the
operation proposed by Exec Air, which is an on-demand, scheduled air charter or air taxi SASO
(Specialized Aviation Service Operations) [engaging] in the business of providing air transportation to the
general public for hire, on an unscheduled or scheduled basis under 14 CFR Part 135. Paragraph 2
outlines a minimum of 300 square feet of office space...aircraft tie-down and a minimum of two (2)
automobile parking spaces.
Currently, sufficient office/counter space at MKY is not available, as all existing facilities are leased to
other approved commercial operators, to include Raven Air Marco Island LLC and Phelps Collins
Aviation d/b/a Aviation North, which provide similar air charter services under 14 CFR Part 135 with a
primary focus on providing public, on-demand air transportation to Key West,among other destinations.
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Should there be a desire to add this new scheduled air service to Key West without delay, the Board may
consider a temporary "Waiver of Minimum Standards," which would permit the commercial activity to
operate through the use of common areas and restroom facilities until such time that office/counter space
becomes available. Such waivers of required office/counter space have been granted by the Board on a
case-by-case basis, as evidenced by Exec Air's current T-Hangar and Commercial Operating Agreement
for limited aircraft maintenance services at IMM. Waivers are typically granted when it can be proven
that the proposed operation serves to benefit airport users and would not create unfair or imbalanced
competition. At IMM, Exec Air is the sole provider of aircraft maintenance services. In the case of this
proposal, it is staff's assessment that an approval of such waiver could create an imbalance of competition
amongst two operators that currently provide a comparable service at MKY, while meeting requirements
to occupy counter/office space. Furthermore, approval of a waiver in this particular instance could
constitute a violation of FAA Sponsor (Airport) Grant Assurances, specifically Paragraph C.22e,
pertaining to Economic Nondiscrimination,which states,in part,the following:
Each air carrier using such airport(whether as a tenant, non-tenant, or subtenant of another air
carrier tenant) shall be subject to such nondiscrimination and substantial comparable rules,
regulations, conditions, rates, fees, rentals and other charges with respect to facilities directly
and substantially related to providing air transportation...Classification or status as tenant or
signatory shall not be unreasonably withheld by an airport provided an air carrier assumes
obligations substantially similar to those already imposed on air carriers in such classification or
status.
In consideration of the two air charter operators at MKY that currently provide services in accordance
with Airport Authority policy and FAA Sponsor Assurances, it is staff's assessment that a waiver is
neither justified nor appropriate at this time.
Staff recommends that the Board direct staff to defer this proposal and solicit competitive applications
(business plans) for the rental of airport space if and when the appropriate facilities become available, in
accordance with Section 3 - Applications and Qualifications of the Airport Authority Minimum
Standards.
In consideration of this recommendation, it is relevant to note that airport facilities are typically leased to
qualifying operators that meet the published Minimum Standards on a first-come, first-serve basis unless
multiple parties express an interest in occupying the subject airport facilities. Staff has received several
informal inquiries from other third-party commercial operators, to include new and existing entities that
have expressed an interest in commencing or expanding operations at MKY. Following an advertisement,
staff will evaluate and rank all proposals/business plans,and ultimately provide a recommendation to the
Board at a future meeting. It is staff's assessment that this recommendation promotes fair and open
competition with the goal of achieving the best use of limited airport space,while minimizing any adverse
impacts to existing operators,in accordance with Airport Authority policy and FAA Sponsor Assurances.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with the
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney,is approved as to
form and legality, and requires majority vote for acceptance of the report. -JAK
RECOMMENDATION: To accept staff's assessment and recommendation to take no action on the
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unsolicited proposal for scheduled air charter service from Marco Island Executive Airport to Key West.
Prepared by: Justin Lobb, Airports Manager, Airport Authority, Operations Support Division, Growth
Management Department
ATTACHMENT(S)
1. 20161212 Letter to CC Apt auth and BCC schedule flights (PDF)
2. T-Hangar Agreement (PDF)
3. Minimum Standards 10-2005 (PDF)
4. airport-sponsor-assurances-aip (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1
Item Summary: Recommendation to accept staffs assessment regarding an unsolicited proposal
for scheduled air charter service from Marco Island Executive Airport to Key West.
Meeting Date: 01/10/2017
Prepared by:
Title: Operations Coordinator—Airport Authority
Name: Debra Brueggeman
12/21/2016 2:14 PM
Submitted by:
Title: Division Director-Operations Support—Growth Management Department
Name: Gene Shue
12/21/2016 2:14 PM
Approved By:
Review:
Growth Management Department Gene Shue Additional Reviewer Completed 12/21/2016 2:34 PM
Airport Authority Justin Lobb Additional Reviewer Completed 12/21/2016 3:10 PM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 12/21/2016 3:20 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 12/21/2016 3:31 PM
County Attorney's Office Jeffrey A.Klatzkow Level 2 Attorney Review Completed 12/22/2016 8:45 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/21/2016 4:03 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/22/2016 9:51 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/22/2016 10:08 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/28/2016 4:24 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/10/2017 9:00 AM
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Exec Air Inc. of Naples Dba. ExecAir
160 13th Street NW Naples, Florida 34120
Phone: 239-290-5668 Fax: 329-348-8871 Website: WWW.Naplesairline.com
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TO: Marco Executive Airport, Collier County Airport Authority, and Collier County BCC.
Date: 12-12-2016
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Re: Proposed Scheduled service from the Marco Executive Airport. y
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TO WHOM IT MAY CONCERN: 2
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ExecAir proposes to operate a daily published scheduled flight from the Marco Executive airport to Key :it-
West
West and return, some of these flights will be with a stop, some will be direct.
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We will be using one of several small aircraft including but not limited to: Cessna 182, Cessna 207, and a r
Cessna 310. As a scheduled air carrier with tickets available to the general public, anyone can purchase c`n.,
a ticket as opposed to "chartering the entire aircraft" as in traditional small air taxi/charter operations.
In addition we plan to offer discount ticket books for the commuter passengers,whom need to fly often
to the Keys, at an additional savings to the consumer. Our operation of small aircraft has proven to be a
successful venture as opposed to large 18 and 30 seat aircraft on these short flights (under an hour). a
We feel that this could be of great benefit to the citizens of Marco and southern Collier County. We do
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not foresee adding any additional burden to Airport Authority staff. v
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We are currently looking at one flight a day to and from Key West, We cannot disclose the exact times -a
of arrivals and departures at this point, as once disclosed it is then a matter of public record and thus
"published" and therefore binding. As it has not been approved yet, it would be premature on our part.
General operations times will be between 1:30 PM and 7:00PM all week.
ExecAir expects to make a small foot print on the Marco Airport as we do not need much space. U
(whatever is required by minimum standards). However, we have been informed that there is no
leasable space currently available, as all counter and office space is leased out to two other Charter
companies. We have contacted them and have been turned down to sublease from both. There is a -�
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small flight school currently with a small office that is willing to sublease to us, but they and we would 7.1
need approval from Board to deviate from minimum standards to do so. I am told it is due to the square
footage of lease or something along that nature. ExecAir desires to comply with minimum standards,
but adequate facilities are not available to do so. a)
We would not need to locate any employees at Marco as one flight a day can be covered by the pilot of
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our aircraft. ExecAir would need access to 100LL avgas but expects to use only a small amount each
day- less than 30 gallons daily. As no aircraft will be planned to be overnighting at Marco, only ramp
space for turnaround (boarding and deplaning) passengers will be necessary. Our expected turn time
will be less than one hour and in most cased will be 30 minutes.
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Exec Air Inc. of Naples Dba. ExecAir
160 13th Street NW Naples, Florida 34120
Phone: 239-290-5668 Fax: 329-348-8871 Website:WWW.Naplesairline.com
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Exec Air is a 20 plus year old company, operating from Naples since 1997 as an on demand operation
and has operated a limited schedule from the Naples Airport to Miami International for the past five
years.We will continue that operation with the addition of the new schedule to Key West.
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This request comes at a short notice as the Federal Aviation Administration has just last week approved
our expansion of services. So as not to miss the opening of season, an expedited approval of this
proposal became necessary in order for ExecAir to make a 15 day pre sales announcement and begin
operations on January 1, 2017.
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I have included a copy of Exec Air Inc. of Naples Air Carrier Certificate and Proof of insurance naming the a
Airport Authority and BCC additionally insured.
In closing, Exec Air has had a great working relationship with the Collier County Airport Authority over
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these many years. We lease hanger space in lmmokalee and offer aircraft repair services to the flying
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public, through our sister company High soaring Inc. DBA. Aircraft Maintains of SWFL, and we are a
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registered air service vender to the county.We look forward to a bright future offering improved
services to the Marco area as well.
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Please let us show you a better way to fly! a)
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Thank You, Blue skies,
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John Swasey—President and Dir. of Ops. ExecAir
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MEMORANDUM
Date: March 9, 2016
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: T-Hanger Agreement
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Exec Air, Inc. 7-0
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Attached for your records, is one (1) copy of each document referenced above, 0_
(Item #16G3) approved by the Board of County Commissioners on Tuesday,
March 8, 2016.
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The Minutes and Record's Department has kept an original document as part of the
Board's Official Record's of the Board.
If you have any questions, please feel free to call me at 252-8411.
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Thank you.
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IR
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bsPo*,,I T - HANGAR LEASE AGREEMENT
clk 41` COLLIER COUNTY AIRPORT AUTHORITY
2005 MAINSAIL DRIVE, SUITE 1
NAPLFS,FLORIDA 34114
(239)642-7878
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THIS LEASE AGREEMENT is made and entered this n day of March, 2016, by and
between the Collier County Airport Authority(hereinafter referred to as"Authority"),and:
Name: Exec Air,Inc., of Naples,and
High Soaring, Inc.
Type of Entity: Florida Corporations
Phone Number: 239-290-5668 (Telephone)239-348-8871 (Fax)
Address: 160 13th Street NW,Naples,Florida 34120
(hereinafter collectively referred to as"Tenant")
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1. PREMISES: The Authority hereby leases to Tenant T-Hangar 13-10 (and associated storage unit)
at the Immokalee Regional Airport. SEE ADDENDUM ATTACHED
2. AUTHORIZED AIRCRAFT: The Premises shall oily be 1.-ed for the parking and storage of the ••
'- ; ; • : - - : SEE ADDENDUM ATTACHED CNI
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Aircraft Color:
Aileraft Make:
Airozaft Model:
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3. FERM: 1 .1: :".14";;'"« : ;" • Ct '
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by-ene-party4e4he-ativ : ;7 . 1; .«
' SEE ADDENDUM Art ACELE13 6
4. RENT: In consideration of the rights granted herein, Tenant shall pay the Authority during the term
of this Agreement the base rent and related charges applicable to the Premises in accordance with the
uniform rate schedule in effect and published by the Authority, together with all applicable taxes,
including state sales tax. This rate schedule is subject to adjustment by the Authority. Any change in
the rate schedule will become effective with respect to the Fee owed by this Lease as of the 1 day of
the second month following such change. Payment shall be due in advance on the first day of each
month without demand. Any failure to pay the fee in full and in advance shall require payment of a late
fee equal to thirty dollars ($30.00) and any failure to pay in full and on time shall be cause for
termination for cause of this Lease. In addition to a late charge, in the event Tenant fails to pay the
rentals, fees or charges as required to be paid under the provisions of the Lease Agreement within thirty
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(30) days after the same shall become due, interest at one and one half percent (1.5%) per month shall
accrue on the delinquent payment(s)until the same are paid. SEE ADDENDUM ATTACHED
5. MAINTENANCE: Tenant accepts the premises "as is." Tenant shall maintain structural
components of the hangar against ordinary wear and tear, including doors and door mechanisms.
Tenant is responsible for all other damage to the premises caused by Tenant's use of or presence at/in
the premises.
6. LIABILITIES: Tenant hereby waives all future claims against the Authority, its employees, agents
and/or representatives for any and all liability for damage to the aircraft and any other property in or
around the hangar except for physical damage caused by movement of aircraft solely by the Authority's
employees, agents or representatives without any participation in such movement (or instructions to
move same) from Tenant or Tenant's agents, employees or any other person with apparent authority on
behalf of Tenant. Any act or use of the premises by Tenant not expressly authorized by this Lease E
Agreement, including storage of any flammable liquid or gel in the hangar or in the aircraft, and/or
storage of other than aircraft fuel and oil in the aircraft's tanks is unauthorized use. Hazardous
materials are strictly prohibited.
7. USE OF PREMISES: " - ... - .... .- .,,_ .. . - . ... _ . . .. . _ .. _ • .. a
• ... . - T-Hangars are.not to be used as sleeping quarters or storage of personal a
vehicles with the following exception. The aircrafts owner's vehicle may be parked in the hangar while
the aircraft is in transit. Within the T-Hangar, Tenant shall be permitted to perform only repairs and/or
maintenance specifically authorized under Federal Air Regulations, Part 43, Section 43.3, Preventative
Maintenance unless otherwise authorized by the Executive Director or their designee. This
maintenance may be performed by the owner/pilot of the aircraft of a licensed A&P mechanic that
leases T-Hangar space at the airport If a T-Hangar Tenant desires to have a mechanic or technician
that does not lease space at the airport, the following policy will be adhered to. All commercial
mechanics,technicians, or other persons doing business for compensation that do not lease space at the
airport shall be required to register with the Authority, give proof of liability insurance and sign a ar,
statement holding the Authority harmless, list qualifications, licenses, etc., and pay a vendors fee in the
amount of$25.00 per day. Whenever separate airport maintenance facilities are not available, annual
inspections will be approved by the Airport Manager with prior approval. All other use of or storage 0
within the premises is strictly prohibited unless authorized in writing by the Airport Marmger. SEE
ATTACHED ADDENDUM :;
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. TERM/NATION FOR CAUSE: Notwithstan icg the notice provision of paragiaph 3 above, the
Authority may terminate this Lease Agreement for cause by giving Tenant not less than three (3) days'
advance written notice to vacate. Any breach of this agreement by Tenant is cause for such
termination. If Tenant does not remove its aircraft and all other property brought onto the premises by
or on behalf of Tenant,the Authority may summarily remove all such property without any liability.
9. ACCESS, SECURITY AND KEYS: Tenant expressly authorizes the Authority's Executive Director,
or other duly authorized representative or agents of Atahority, access at all reasonable times to the
Premises. Tenant agrees to always cooperate with the Authority in every respect, including security
regulations. Security of the hangar and all property therein is the sole responsibility of the Tenant.
Tenant shall provide the Authority with a duplicate key to any lock or locking device that secures the
Premises. The Authority shall not be responsible for theft, vandalism, pilferage, or other damage or
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loss to any property except that which may result because a lock or other locking device opened by the
Authority is not re-locked through negligence of the Authority.
10. EMERGENCY SITUATIONS: In the event of an emergency,(e.g.hurricane)any vacant hangar is
subject to aircraft temporary occupancy at the discretion of the Executive Director provided such
occupancy is to protect the aircraft from potential exposure to loss or damage because of the
emergency.
11. LEASE MANUAL: Tenant shall be provided with the Authority's Lease Manual (if any), which
the Authority may be.amend from time to time. The terms of this manual shall be deemed to be
incorporated by reference into this Agreement, and Tenant shall be bound by the terms of this Lease
Manual, as of the 1 g day of the second month Tenant receives a copy of the Lease Manual or an
amended Lease Manual. With respect to any terms in this Lease Agreement which are in conflict with .ne
the Lease Manual,the Lease Manual shall control.
12. RULES AND REGULATIONS: Tenant shall comply with the Authority's published Rules and
Regulations for this airport, which are on file at the address set forth above, as such regulations may be
amended from time to time by the Authority including such reasonable and uniform landing fees,rates or
charges, as may from time to time be levied for airfield operational privileges and/or services provided at
the Airport. Tenant shall also comply with any and all applicable governmental statutes,rules, orders and 2
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regulations. Tenant shall not allow any signs, cards or placards to be posted or placed on the Premises
without prior written approval of the Authority. SEE ATTACHED ADDENDUM
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13. ASSIGNMENT: This Lease Agreement is personal to Tenant. Tenant shall not assign this Lease,and UJ
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may not sublet the Premises, or any part thereof without advance written approval from the Authority,
which approval shall be in the Airport Director's sole discretion. ET)
14. DISCHARGE OF LIENS: In the event of the filing of any mechanic's lien or materialman's lien or
liens,or any other charge whatsoever against the Premises or any improvement thereof during the term of
the lease,(or any extension thereof),Tenant immediately shall take all necessary steps to secure the release
of same. In the event Tenant fails to take reasonable steps to secure the relea.se of any such liens or <
charges, the Authority upon ten(10)days'prior written notice to Tenant,shall have the right and privilege
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of taking the necessary steps, including payment, to secure the release of any such lien or charge, and any
amount so paid by the Authority including reasonable expense and costs (including attorney's fees), shall
be added to the rental due hereunder from Tenant to the Authority and shall be paid by Tenant to the
Authority immediately upon receipt by Tenant from the Authority of any itemized statement thereof.
15. INDEMNIFICATION: Tenant shall defend, indemnify, and hold Authority and its officers, agents,
servants, representatives and employees harmless from and against any and all loss, &tulle, actions, < '
lawsuits, claims, cost and expense (including attorneys' fees), as a result of any personal injury, death,
property damage, penalty, fine or any other claim or suit of whatever nature, arising in any way from
Tenant's occupancy and use of the Premises or the Airport. Any and all other personal property of Tenant •
or his officzrs, employees, servants, agents, attests or business visitors shall be stored and otherwise used
on the Airport at Tenant's sole risk of damage or loss.
16. INSURANCE REQUIREMENTS: Tenant shall secure and maintain in force at its expense liability
insurance coverage for its activities on the airport, occupation of the Premises and on Tenant's liability
under the indemnities set forth in this lease manual and in the lease ageement. The insurance policy shall
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have coverage limitations providing no less than$100,000.00 per person and$300,000.00 per incident and
shall not be subject to cancellation or material change except after thirty (30) days prior written notice of
such cancellation or material change to the Authority. Tenant shall secure and deliver to Authority
appropriate insurance certificates showing evidence of the coverage as required hereunder. Said insurance
policy or policies providing such coverage, as well as the insurers providing same, shall be subject to the
prior review and approval of Authority. The said insurance policies shall contain a clause or endorsement
by which the insurance carrier(s) waives all rights of subrogation against Authority, except where the
Authority or its Agents are guilty of a specific act of negligence. Insurance requirements are expressly
subject to change in the Authority's Lease Manual.SEE ATTACHED ADDENDUM
17. SURRENDER-DAMAGES: Tenant, at the termination of the lease, will immediately surrender,
release and yield up the premises to the Authority peaceably, quietly and in good order and condition,
reasonable wear and tear excepted, and failing so to do will pay as rental to Authority for the entire time
such possession is withheld, the sum of Ten Dollars ($10.00) plus one thirtieth of the monthly rental in
effect at the time of said termination,per day or for any such penalty or payment as may be provided in the N
Lease, at the option of the Authority; provided that the provisions of this clause shall not be deemed a
waiver by Authority of any right of re-entry as herein provided, nor shall the receipt of said rent, or any
part thereof, or any other act in apparent affirmation of tenancy, by Authority, operate as waiver of any
right or remedy available to Authority hereunder for a breach of any of the covenants contained in the °a
lease agreement. Upon the expiration or termination of the lease, Tenant shall remove its personal °
property and equipment from the premises, and Tenant shall be liable for and pay for any damage caused a
to the premises or any other property of Authority as a result of Tenant's occupation of the premises,
Tenant's removal or failure to remove Tenant's property, including but not limited to any and all costs
incurred by the Authority in removing and storing Tenant's property. "!
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18. DEFAULT-TERMINATION:
A. In the event of default by Tenant in the payment of the rental obligation on the day the same becomes
due or payable, which default continues for ten (10) days, or in the event of any default by Tenant with
respeet to any other covenant or obligation of Tenant under the lease agreement, then in any or either of a)
such events, Authority at its election, at or after the expiration of ten (l0)days'previous notice in writing
of such default sent as provided below to Tenant,may declare a forfeiture and termination of the lease,and
at that time all rent due or to become due under the then existing term of the lease shall become
immediately due and payable.
B. In addition Authority may re-enter said Prermses, after expiration of effective notice, with or without
process of law and, if necessary, remove Tenant or any persons occupying said Premises under Tenant,
without prejudice to any remedies which might otherwise be available. Tenant waives any demand for w f'
possession of the Premises and any structure, property or improvement then situated thereon, and upon ¢ ",
termination at such election of Authority,Tenant must surrender and deliver the Premises immediately.
C. Authority further shall have the right to terminate the lease agreement in the event of the occurrence
of any of the following: insolvency of Tenant, liquidation or dissolution of Tenant; the institution of a
voluntary or involuntary bankruptcy proceeding by or against Tenant; assignment by Tenant for the
benefit of creditors; the appointment of a receiver or trustee to manage the property of Tenant or if
Tenant fails to adhere to the provisions of the agreement
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D. All the remedies referenced herein shall be in addition to and not in derogation of any remedies
provided in the Lease or available at law or in equity.
19. DESTRUCTION OF PREMISES: In the event that the Premises or the improvements located thereon
shall be destroyed in whole or in part by fire, or other casualty, Tenant, at its option, may terminate this
Lease or,at its cost and expense,may elect in writing to Authority to repair or reconstruct said Premises or
improvements. Such election shall be made within thirty(30)days of the date of such destruction. If such
election is made,rental payments shall continue unabated and uninterrupted.
20. AIRPORT DEVELOPMENT: The Authority reserves the right to further develop or improve the
landing and other areas of the Airport as it sees fit, regardless of the convenience, desires or view of the
Tenant,and without interference or hindrance.
21. ATTORNEY FEES: Tenant shall pay the cost of collection and reasonable attomey's fees whenever
the Authority retains the service of an attorney to collect overdue rents or to enforce any other term or
condition set forth in this Lease or Lease Manual.
22. AIRPORT OPERATIONS: Tenant shall prevent any use of the Premises which would interfere with
or adversely affect the operation or maintenance of the Airport, or otherwise constitute an airport hazard, Q
and will restrict the height of structures,objects of natural growth and other obstructions on the Premises to a
such height as comply with Federal Aviation Regulations,Part 77.
23. CONDEMNATION: If,at any time during the term of the Iease,title to the whole or substantially all
of the premises shall be taken in condemnation proceedings or by any right of eminent domain, the
affected lease(s)shall terminate and expire on the date of such taking and the fixed rental and other climes
payable hereunder shall be apportioned and paid to the date of such taking. Nothing in this paragraph is N
intended to waive Tenant's constitutional rights to be compensated by any government, person or
organization which appropriates Tenant's private property. d
24. REMEDIES CUMULATIVE-NO WAIVER: The rights and remedies granted to Authority under the a,
lease agreement shall In deemed to be cumulative and non-exclusive.The failure by Authority at any time
to assert any such right or remedy shall not be deemed to be a waiver, and shall not preclude the assertion o,
of such right or remedy at a later date.
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25.
25. DOMINANT AGREEMENTS: This Lease Agreement is subordinate and subject to all existing
agreements between the Authority and the Federal Aviation Administration,the Authority and the State of a
Florida, and the Authority and Collier County. During the time of war or national emergency, the
Authority shall have the right to lease the landing area or any part thereof to the United States Government
for military or naval or similar use, and, if such lease is executed, the provisions of this Lease Agreement
insofar as they are inconsistent with the provisions of the lease to the Government, shall be Suspended.
Any executed agreement shall be subordinate to the provisions of any existing or future Agreement
between Authority 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 expenditure of Federal
funds for the development of the Airport.
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ADDENDUM TO
T - HANGAR LEASE AGREEMENT
The Collier County Airport Authority("Authority"), and Exec
Air, Inc.,of Naples and High Soaring, Inc. ("Tenant")
1. PREMISES: In addition to the Lease premises specified in Paragraph 1 of the Lease Agreement,
subject to availability, in connection with the running of its business, Tenant will be allowed two tie-
down spots to store transit maintenance aircraft. This permission is on an "as-needed basis" and
associated with Hanger B-10 only. Tenant shall pay the standard per diem rate for each tie-down used
at the rate for a 3 month minimum tie-down agreement as set forth in the Board approved Rates and
Charges which is currently $2.00 a day for single engine aircraft, which may be amended from time to
time. E
2. AUTHORIZED AIRCRAFT: The Premises shall only be used for transient aircraft repair,
servicing, inspection, and storage of personally owned and/or transient aircraft, related parts, and other
equipment.
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3. TERM: The term of this Agreement will commence on the date of the Lease Agreement, and unless a`
terminated earlier by the parties, shall terminate on the 5th year anniversary said date. Notwithstanding
the foregoing, either party may terminate this Agreement for convenience with at least 90 days written
notice to the other party. Tenant is hereby granted the option to renew for an additional five-year term.
This renewal option must be exercised by written notice to the Authority, and be received by the
Authority no later than 30 days prior to the end of the term. If exercised by Tenant and agreed to by the
Authority, the agreement shall be extended for an additional five years on all the existing terms and
conditions. If tenant holds over after the expiration of the lease term, such tenancy shall be from month
to month under all of the terms and conditions of this agreement (save rent) subject, however, to
Authority's right to seek legal relief to eject Tenant from the premises as a holdover. Rent shall be
doubled during any hold-over tenancy. The Authority may terminate this Lease for cause, as defined
herein,on 3 days written notice to Tenant.
4. ADDITIONAL RENT: In addition to rent, and in lieu of a percentage of the gross receipts
generated by the business, Tenant shall pay the Authority during the term of this Lease Agreement an
operating fee of$200.00 per year, plus applicable sales tax, in equal monthly installments of$17.67.
Also, in addition to rent, Tenant shall pay the Authority during the term of this Lease Agreement $300 °'
per year, plus applicable sales tax, in equal monthly installments of$26.50 for excess electricity use as
of the i st day of the second month following installation of 220 volts electrical outlets. y a
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7. USE OF.PRE1v1ISES: Tenant is allowed and approved to conduct full maintenance activities and
major aircraft repairs that would not constitute a fire hs77rd under the terms and conditions of this
agreement. During the term of this Lease,Lessee may install 220 volt electrical improvements on the
Leased Premises. Any such electrical improvements shall be in compliance with all applicable codes
and ordinances and approved by the Authority;Authority's consent will not be unreasonably withheld.
12. RULES AND REGULATIONS: Airport Minimum Standards mandate that a minimum of 300
square feet of office space is required to allow the business types identified in this agreement.
Currently, the Airport does not have available facilities with office space,therefore, until office space is
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1616 ;available a waiver to Minimum Standards is approved. When office space is available on airport,tenant
will comply with Minimum Standards.
16. INSURANCE REQUIREMENTS: During the entire term of this agreement, tenant shall provide,
pay for,and maintain types of insurance required by the Collier County Risk Management Department
as listed in exhibit A attached and made a part hereof for the commercial aeronautical activities to be
conducted under this agreement. All insurance shall be from responsible companies duly authorized to
conduct the respective insurance in the State of Florida and/or responsible risk retention group
insurance companies registered with the State of Florida. All liability policies shall provide that the
Authority and the County of Collier as additional insureds as to the uses of the licensed premises under
this agreement and shall also provide the Separation of Insured's Provision. Prior to the execution of
this agreement by licensee, the specified insurance coverages and limits required must be evidenced by
properly executed Certificates of Insurance on the forms which are deemed acceptable by Authority.
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IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have
executed this Addendum to Lease Agreement on this the -V day of March,2016.
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FENANT:/ e Alt , Inc. of Naples and High Soaring, Inc., 2
By. y .
J a S. Swasey, 'esident
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Attest: BOARD OF COUNTY COMivIISSIONERS
DWIGHT E: BROCK-Clerk OF COLLIER COUNTY,FLORIDA,serving as the
COLL R COUNTY AIRPORT AUTHORITY
Ty: By:
Attest as to Chairman's, I? 'utar DONNA FIALA,CHAIRMAN
signature only.
Approved as to form and legality:
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Jennifer A. Belpedio
Assistant County Attorney CP11(4*
[16,04-0030E/1236&8481
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taExhibit A Insurance and Bonding Requirements-Airport Facility Leases
0 Aviation Tenant ❑ Non-Aviation Tenant
insurance/Bond Type Required Limits
1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. ❑ Employer's Liability $ single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $ 1,000,000 single limit per occurrence,$2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations and
Contractual Liability
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4. ® Indemnification To the maximum extent permitted by Florida law, the Lessee shall indemnify
and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable y
attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Lessee or anyone
employed or utilized by the Lessee in the performance of this Agreement. This Q.
indemnification obligation shall not be construed to negate, abridge or reduce a2
any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This section does not
pertain to any incident arising from the sole negligence of Collier County. x
4. ❑Automobile Liability $ Each Occurrence;Bodily Injury&Property Damage, (NI
Owned/Non-owned/Hired;Automobile Included
S. Z Other insurance as ❑Airport Liability Insurance $ Per Occurrence
noted: bodily injury and property damage E
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❑ Hangarkeepers Liability $ Per Occurrence per Q
aircraft including premise liability
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Z Aircraft Liability Insurance $ 1,000,000 Per Occurrence
bodily injury and property damage
❑ Pollution Liability Insurance $ 1,000,000 Per Occurrence
bodily injury and property damage E
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❑ Property Insurance—Replacement Cost-All Risks of Loss
6. ❑ Lessee shall ensure that all sub-lessees comply with the same insurance requirements that he is required to
meet. The same Lessee shall provide County with certificates of insurance meeting the required insurance
provisions.
7. ❑ Collier County must be named as"ADDITIONAL INSURED" on the insurance Certificate for Commercial
General Liability where required
8. Z The Certificate Holder shall be named as Collier County Board of County Commissioners,OR, Board of
County Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of
Insurance must state the name of the Lease and location of the leased property.
9. E Thirty(30) Days Cancellation Notice required.
Exec Air,Inc.of Naples.and High Soaring,Inc. Page 1
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RLA 2/16/2016
Lessee's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five(5)days of the award of this Lease agreement.
Name of Firm Date
Lessee Signature
Print Name
Insurance Agency
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minimum.
inimum Standards for Commercial
Airport Aeronautical Activity and Service Providers
At the
Collier County Airports
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Dated: October 2005; Approved: November 14. 2005
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Table of Contents
Section Pages
1 Preamble and Policy 1-2
2 Definitions 3-6
3 Application and Qualifications 7
4 Action on Application, Appeal Process 8-9
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5 Minimum Standards for all SASO's 10-11 a
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6 Aviation—Light Manufacturing/Assembly 12
7 Aircraft Storage 13
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8 Aircraft Sales 14 Q
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9 Aircraft Flight Training 15
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10 Aircraft Charter and Air Taxi 16
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11 Specialized Commercial Flying Services 17
12 Aircraft Lease and Rental 18
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13 Aircraft Airframe, Engine, and Accessory Maintenance & Repair 19cu
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14 Avionics, Instrument, or Propeller Repair Station 20
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15 Commercial Skydiving 21
16 Multiple Services 22 E
17 SASO's Subleasing from Another Commercial Operator 23
18 Flying Clubs 24
19 Environmental 25
20 Security 26
21 Enforcement of Violations of the Minimum Standards 27
Y:\Administration\Policies and Procedures\Policies\Minimum Standards/Minimum Standards 10-2005.doc
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Table of Contents - Continued
Section Pages
Appendix 1 and lA
Proprietary Exclusive Activities 28
Aircraft Fuel Service 29-30
Appendix 2
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Minimum Insurance Requirements 31 Q
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Appendix 3 2
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Minimum Requirements for a Business Plan 32 a
Appendix 4
Rates and Charges 33-36 Csi
(To be Reviewed Annually)
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 1-Preamble and Policy
The Federal Aviation Administration (FAA) contends that it is the prerogative of
the airport owner (sponsor) to impose Rules and Regulations for the operation and use of
its airport and Minimum Standards to establish the threshold entry criteria for those
wishing to engage in providing aeronautical services to the public on the airport. Two of
the assurances given by the airport sponsor in exchange for Federal funding to assist in
developing runways, taxiways, etc. at the airport address the obligation of establishing
Minimum Standards. These assurances are:
1. Grant Assurance 22a- The Sponsor will make the airport available as an
airport for public use on reasonable terms and without unjust discrimination to all types, CO
kinds and classes of aeronautical activities, including commercial aeronautical activities
offering services to the public at the airport; andTrs
2. Grant Assurance 22h - The sponsor may establish such reasonable, and o
not unjustly discriminatory, conditions to be met by all users of the airport as may bea.
necessary for the safe and efficient operation of the airport. -
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The Collier County Airport Authority (CCAA) being the Owner and in a position
of responsibility for the administration of the Collier County Airports (CCA) does hereby
establish the following Policy for Minimum Standards: L,
These Minimum Standards are the threshold entry requirements for those wishing
to provide commercial aeronautical services to the public and to insure that those who are
currently providing commodities and services as approved, are not exposed to unfair or
irresponsible competition. These Minimum Standards were developed taking into
consideration the aviation role of the CCA facilities that currently exist, services being -
offered, the future planned development, and to promote fair competition at CCA. The
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uniform application of these Minimum Standards, containing the minimum levels of
service that must be offered by the commercial aeronautical service providers, relate
primarily to the public interest and discourages substandard entrepreneurs, thereby .E
conserving competent aviation and aeronautical activity and protecting the CCA users.
Special Restrictions on Airport Land and Facility Use. The Collier County
Airport Authority retains the exclusive right to operate as the sole Fixed Base Operator
(FBO) at the CCA with the ability to provide aviation fuel for sale and commercial
aviation fuel delivery.
No person shall be Granted the right to conduct any commercial aeronautical or
non-aeronautical activity upon CCA, nor shall any person be permitted to use any land or
conduct any commercial aeronautical or non-aeronautical activity or the solicitation of
business in connection therewith, unless such activity is conducted in accordance with
these standards. The issuance of the proper permits, licenses, and the execution of a valid
contract or agreement with the Collier County Airport Authority to conduct such
activities will be required.
Y:',Administration\Policies and Procedures\Policies Minllnuin Standards\Minimum Standards 10-2005.doc
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
These Minimum Standards for Commercial Airport Aeronautical Activity
and Service Providers at the Collier County Airports may be amended from time to
time by the Collier County Airport Authority.
All Appendixes to the Minimum Standards shall be reviewed annually and
revised and/or updated accordingly.
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 102005
Section 2—Definitions
The following words, terms and phrases, when used in these Minimum Standards,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Aeronautical means anything which involves, makes possible, or is required for
the flight of aircraft, or the storage or presence of aircraft on the airport, or which
contributes to, or is required for the safety of aircraft in flight.
Aeronautical Activity and Service Provider means any activity or service
whether conducted on or off airport property which involves, makes possible, supports,
or is required for the operation of aircraft or which contributes to, or is required for, the
safety of such operations and shall include, but not limited to, all activities or services
commonly conducted on airports, such as: Charter operations, air taxi, pilot training,
aircraft rental, sightseeing, aerial photography, crop dusting, aerial applications, flying
clubs, aerial advertising, aerial surveying, air carrier operations, aircraft sales and service, o
sale of aviation petroleum products ( the authority maintains the exclusive rights to the a`.
sale of aviation fuel), repair and maintenance of aircraft, sale of aircraft, parts, sale or Q
maintenance of aircraft accessories, radio communication and navigation equipment, and a
any other activity which, because of its direct relationship to the operation of aircraft, can w
appropriately be regarded as an aeronautical activity or service.
Aircraft means a device that is used or intended to be used for flight in the air
and subject to regulation by the Federal Aviation Administration.
Aircraft Operator Any person who uses or causes to use or authorizes to use o
aircraft for the purpose of air navigation, including the piloting of aircraft, with or
without the right of legal control (as owner, lessee, or otherwise),physically or remotely.
Airline means a commercial operator offering air transportation to passengers to
specified destinations at scheduled times, and subject to regulations by the FAA in c
accordance with FAR Part 119, 121, or 135. For the purposes of this policy, scheduled
air cargo flying operations are included in this category.
Airports means the real property and all improvements owned or leased by Collier
County (as tenant) and/or the Collier County Airport Authority (as sub-lessor and/or .�
tenant) for airport activities in Immokalee, Everglades City, and Marco Island, including
the properties and improvements designated for industrial development at the Immokalee
Airport, and such other property and improvements that may be subsequently acquired by
Collier County and/or the Airport Authority by lease, purchase, gift or by any other
means.
Airport facilities means airport facilities of all kinds including,but not limited to
landing fields, hangars, shops, restaurants and catering facilities, terminals, buildings,
airport industrial parks,parking facilities, and all other facilities necessary and desirable
for the landing, taking off, operating, servicing, repairing and parking of aircraft; also the
handling of mail, express and freight, and the accommodation, convenience and comfort
of passengers, together with related transportation facilities, industrial development, all
necessary appurtenances, machinery and equipment and all lands, properties, rights,
easements and franchises relating thereto and deemed necessary or convenient by the
Authority in connection therewith.
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Airport commercial lease means the written agreement between a Commercial
Operator and the Authority in which the Authority grants a non-exclusive right to
conduct Commercial Activity on County-owned property at the Collier County Airports.
Airport Manager means the Airport Manager or his/her designee who has direct
supervisory and functional responsibility for the operation and maintenance of the
Airport.
Airport License means the license issued to the County by the Florida Department
of Transportation Aviation Office (FDOT) authorizing the County to operate the Airport.
Airside means that portion of the Airport meant for taxiing, hover taxiing, air
taxiing, takeoff, landing, parking, loading or unloading, or any other aircraft operation,
and includes the aircraft parking aprons, taxiways, runways, safety areas and all other
aircraft movement areas.
Authority means the Collier County Airport Authority created by Ordinance No.
2004-03.
ARFF means Airport Rescue and Fire Fighting services for aircraft.
Board means the Board of County Commissioners of Collier County, Florida. o
Commercial activity means any activity by any person, corporation or entity, the 2
purpose of which is to secure earnings, income, compensation, or profit, whether such a
objective or objectives are accomplished or not.
Commercial aircraft means any aircraft used in the conduct of any Commercial x
Activity. w
Commercial aviation operator means a person or persons, firm, or corporation
engaging in an activity which involves, makes possible, or is required for the operation of N
aircraft, or which contributes to, or is required for the safety of such aircraft operations, L:
the purpose of such activity being to secure earnings, income, compensation, or profit, c,
whether or not such objective or objectives are accomplished.
Commercial Aeronautical Activities Authorized activities shall be strictly limited
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to any one, or a combination of the following aeronautical activities and services cc
performed in full compliance with the Collier County Airports Minimum Standards. a
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Aircraft Sales (New and/or Used)
Airframe and Power Plant Repair Facilities
Aircraft Painting
Aircraft Rental
Flight Training
Line Services (Aircraft Fuels and Oil Dispensing)
Aerial Spraying cc
Aerial Photography
Air Tour
Banner Towing
Sky Diving
Specialized Aircraft Repair Services (Radios, Propellers, Instruments, and
Accessories)
Aircraft Charter or Air Taxi
Scheduled and non-scheduled Passenger Air Carrier
Scheduled and non-scheduled Freight Air Carrier
Specialized Commercial Flying Services
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 1 0/2005
Commercial Aviation Operators Subleasing from another Commercial
Operator on the Airport
Aviation Fueling
Off-Site Operators Subleasing from another Commercial Operator
Miscellaneous Services including by not limited to Car Rentals, Food
Services, and Aircraft Detailing
Any other activities not specifically provided for in the Minimum
Standards, will normally be subject to negotiations.
Non-Profit flying clubs and similar non-profit corporations even though they may
provide flight instruction, rental aircraft, and other services for their members only,
are not considered a commercial aviation operator for purpose of these standards
and would be subject to Section 17.
County means Collier County, Florida. To
Driver means any person who drives or is in physical control of a motor vehicle. c
Employee means any individual who is paid for services by another person, either 2
at an hourly rate or by salary, and the employer issues a Form W-2 Wage and Tax
Statement, or withholds social security and other withholdings in accordance with state
and federal tax laws, consistent with the employer/employee relationship.
Executive Director The Airport Authority's Chief Operating Officer. All w
Executive and administrative responsibilities and power are assigned.
FAA means The Federal Aviation Administration.
FAR means that portion of the United States Code commonly known as the
Federal Aviation Regulations. N
FBO or Fixed Base Operator Collier County maintains the exclusive rights to
operate as the only FBO on the Airport Property. a
Flying Club means nonprofit entities organized for the express purpose of ct
providing its members with any number of aircraft for their personal use and enjoyment
only. Aircraft must be vested in the name of the club or owners on a pro-rata share. The
club may not derive greater revenue from the use of the aircraft than the cost to operate,
maintain and replace the aircraft. A flying club qualifies as an individual under the grant
assurances and, as such, has the right to fuel and maintain the aircraft of its members in
accordance with the fueling policy set forth by the CCAA •
HVAC means Heating, Ventilation and Air Conditioning.
Improvements means such replacements, repairs extensions, additions,
enlargements, and betterments of or to any airport or airport facility as deemed
appropriate to keep the airport and airport facilities in suitable condition for the safe, `t
efficient and economic operation thereof.
Line Services means the into-plane delivery of fuels, oils, and other lubricants,
the providing of ramp assistance,parking, storage, and tie down of aircraft.
Member(s) means one or more of the persons who comprise the governing body
of the Airport Authority.
Motor Vehicle means any vehicle, other than an aircraft, which is motorized.
NON-Commercial Aeronautical Activities Flying Clubs, Not for Profit and non-
profit aeronautical activities. EAA, CAP
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
NOTAM means "Notice to Airmen" - a notice containing interim information,
which is essential to personnel concerned with flight operations.
On-demand Flying Services means commercial flying activities other than
Airline activities. Examples include crop dusting, flight instruction, air taxi, and air
ambulance.
Perimeter fence means the outermost continuous fence of the Airport, including
gates and gate ways.
Perimeter road means the service road along the perimeter fence.
Person means any individual, firm, partnership, corporation (including registered
non-profit corporations), company, association, joint-stock association, or governmental a
entity. It includes trustees, receivers, assignees, employees, or similar representative of
any of them.
ROA/ROI means Return of Asset/Return on Investment
Safety area means any FAA-designated area abutting the edges of a runway or
taxiway intended to reduce the risk of damage to an aircraft.
Specialized Aviation Service Operations (SASO) means individual commercial o
aeronautical services or goods. SASO for the purposes of the Collier County Airport
Authority Minimum Standards shall mean person (s) engaged in commercial support
services as described in Section 5 of these Minimum Standards.
Tenant means any person, firm or corporation leasing property at the Collier County
Airports for aeronautical purposes. An Airport Tenant may hangar their aircraft on their
leased property subject to the terms and conditions of a negotiated lease. N
Through-the-fence-operator means a person offering commercial goods or to
services, other than passenger or cargo transportation by aircraft, to customers on the
Airport, but who does not maintain their primary place of business at the Airport. o
UNICOM means an air/ground radio communication station operated in accordance
with the Aeronautical Information Manual on the Common Traffic Advisory Frequency re
17.1
assigned for use at the Airport by the FAA and the FCC.
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
1 Section 3—Applications and Qualifications
Demonstration of intent to conduct a business operation at the Airport shall be by
application to the Collier County Airport Authority. The written application shall contain
at the minimum the following:
1. The resume of individual(s) proposing business. The proposed nature of the
business. A business plan shall be used to express the proposed nature of the
business. (See a business plan outline at APPENDIX 2.)
2. The signatures and legal names of all parties whose names are being c
submitted as owning an interest in the business or will appear on leases or E
other documents as being a partner, director or corporate officer and those N
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who will be managing the business. y
3. The name, telephone number and address of the primary contact person. Q
4. The current financial statement prepared or certified by a Certified Public o
Accountant or a Registered Public Accountant. a-
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5. A listing of assets owned, or being purchased, or leased which will be used in 2
the business on the Airport. Q
6. A current credit report for each party owning or having 20 percent or more a
financial interest in the business and a credit report on the business itself w
covering all geographical areas in which it has done business in the ten-year c,;
period immediately prior to such application.
7. An agreement to provide a bond or suitable guarantee of adequate funds to the -
Collier County Airport Authority to be used as a security deposit. o
8. A written authorization to the Airport Manager and/or the Collier County c
Airport Authority to release information in their files from the FAA, any ,
aviation or aeronautics commissions, administrators, and departments of all a
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states in which the applicant has engaged in aviation business relating to the -a
applicant or its operation. The applicant will execute such forms, releases, or
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discharges as may be required by those agencies. E
9. Preliminary plans, specifications and dates for any improvements which the
applicant intends to make on the airport as part of the activity for which '_
approval is sought.
10. Proof(copy or insurance company letter of intent) of liability coverage for the a
business operation, flight operations, itinerant aircraft and operators and E
premises insurance with the Collier County Board of County Commissioners cc
named as additionally insured.
11. The approximate number of persons to be employed including names and
qualifications of management or supervisory personnel and whether they are
to be full or part time employees.
12. Such other information as the Collier County Airport Authority may require.
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 4—Action on Application
All applications will be reviewed and acted upon by the Collier County Airport
Authority's Executive Director within 14 days from the receipt of the application. Action
on applications may take longer or be denied for one or more of the following reasons:
1. The applicant does not meet qualifications, standards and requirements
established by these Minimum Standards.
2. The applicant's proposed operations or construction will create a safety hazard
on the Airport.
3. The granting of the application will require the expenditure of local funds,
labor or materials on the facilities described in or related to the application, or
the operation will result in a financial loss to the Collier County Airport
Authority. CO
4. There is no appropriate or adequate available space or building on the Airport
to accommodate the entire activity of the applicant. °a
5. The proposed operation, Airport development or construction does not comply °
with the approved Airport Layout Plan.
6. The development or use of the area requested will result in a congestion of Q
aircraft or buildings, or will result in unduly interfering with the operations of w
any present business on the Airport, such as problems in connection with
aircraft traffic or service, or preventing free access and egress to the existing
business area, or will result in depriving, without the proper economic study,
an existing SASO or business or portions of its leased area in which it is o
operating.
7. Any party applying, or having an interest in the business, has supplied false
information, or has misrepresented any material fact in the application or in
supporting documents, or has failed to make full disclosure on the application. -a
8. Any party applying, or having an interest in the business, has a record of
violating the Rules, or the Rules and Regulations of any other Airport, Civil
Air Regulations, CFR's FARs, or any other Rules and Regulations applicable
to this or any other Airport.
9. Any party applying, or having an interest in the business, has defaulted in the
performance of any lease or other agreement with the Collier County Airport
Authority or any lease or other agreement at any other airport.
10. Any party applying, or having an interest in the business. is not sufficiently
credit worthy and responsible in the judgment of the Collier County Airport
Authority to provide and maintain the business to which the application
relates and to promptly pay amounts due under the lease.
11. The applicant does not have the financial resources, required to operate for a
minimum period of six months, to conduct the proposed operation.
12. The party applying or having an interest in the business has failed to make full
disclosure in the application or supporting documents.
13. The party applying or having an interest in the business has committed any
crime, or violated any local ordinance rule or regulation, which adversely
reflects on the applicant's ability to conduct the operation applied for.
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10'2005
Appeal Process
The Executive Director's decision on denying an application can be appealed in
writing to the Collier County Airport Authority within 30 calendar days. If that
appeal decision is not satisfactory to the applicant, the applicant may appeal in
writing to the Collier County Board of County Commissioners within 14 days of the
CCAA written decision.
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 5—Minimum Standards for all SASO's
The following shall apply to all prospective aeronautical service providers
wishing to become SASO's at the Collier County Airports:
1. SASO (Specialized Aviation Service Operation) for the purposes of the Collier
County Airport Authority Minimum Standards shall mean person(s) engaged in
Commercial Aeronautical Support Services as described in this section of the Minimum
Standards.
a) Commercial Aeronautical Support Services shall consist of those services
generally offered at any airport, excluding the sale of aviation fuel. Such
services shall include but not be limited to:
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Providing major and minor airframe, power plant, avionics maintenance service to
aircraft and aircraft equipment and accessories required by aircraft operating or based at °n
the airport; flight instruction; charter or rental of aircraft, with or without pilot; air taxi °
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service; sightseeing services; cargo handling; the sale or brokerage of new or used
aircraft parts and accessories; aircraft fabrication,painting and upholstery; meteorological Q
services, aerial photography and surveying; the maintenance and servicing, including
fueling of aircraft ground servicing equipment of other tenants of the airport; and the sale
from vending machines or similar facilities located within the leased premises of
convenience foods, amenities, and non-alcoholic beverages, provided that such sales shall N
be limited to aeronautical customers of lessee, and shall not be made in the form of a
restaurant operation, and shall be strictly limited to vending machines or similar facilities N
for the convenience of other than airline passengers.
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The SASO shall lease a sufficient amount of ground space for hangars, building and
parking to meet their specialty aeronautical service. The minimum investment in
facilities, tools, and equipment to provide Service shall be determined by the Collier cn
County Airport Authority. The SASO shall post the hours of operation, and abide by the
posted hours, and/or as per lease agreement.
b) Investment. A minimum investment in facilities, tools, and equipment
excluding aircraft to provide Primary Services at the airport will be °'
determined by the Collier County Airport Authority, part of which may be
satisfied by the leasing of existing facilities, the value of which shall be
determined by the Collier County Airport Authority.
c) Construction.
1) Site Plan. All site, building and facilities location, plans for the area
leased must be reviewed and approved by the Executive Director.
2) Infrastructure. All proposed utilities, construction, including facility
installations, buildings and infrastructure must comply with all
appropriate local, state, and federal building, structural, electrical,
HVAC, plumbing, mechanical, fire, flood, and health protection codes,
10
Packet Pg. 788
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
permitting requirements, regulations and standards as applicable and
established by the appropriate governmental agencies.
3) Final Approval Authority. All of the proposed construction and
improvements will be subject to the final approval of the Airport
Authority.
d) Terms. Leases shall be for a term to be mutually agreed upon between the
parties with due consideration for the financial investment and the need to
amortize improvements to the leasehold and in accordance with planned
operations on the airport. The Authority will take into consideration the
current Master Plan and Airport Layout Plan.
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2. "Insurance Requirements." All SASO's shall demonstrate to the Collier County N
Airport Authority' satisfaction, evidence of the their insurance coverage as stipulated for Q
each particular type of operation and name the Collier County Airport Authority as an 713
additional insured. A SASO should make its own analysis to determine if more is
needed. However, such policy or policies of insurance shall be maintained in full force
and effect during the terms of existing leases, agreements or business licenses or renewals
or extensions thereof with a 30-calendar day notice of cancellation to the Collier County
Airport Authority. Such policies shall not be for less than the amounts determined by the
risk analysis listed in APPENDIX 2: however, in all cases, amounts of policies must w
meet the statutory requirements of applicable governmental agencies and be approved in
writing by the Collier County Airport Authority.
3. Specific Agreement. The following concessions shall require specific approval
by the Executive Director or the Collier County Airport Authority through a waiver, letter
of agreement or as a term of a lease agreement: (13
a) Ground transportation for hire
b) Western Union and/or other commercial telecommunications services
c) Auto rental services
d) News and sundry sales
e) Barber, valet and personal sales
f) Wholesale or retail sale of non-aviation products u
g) Automotive gasoline station
h) Automotive or marine maintenance and repair service for vehicular or marine
equipment of the general public or other tenants of the Airport.
i) Restaurant.
j) ATM
k) Communication towers
1) Data Services; cable. Internet, etc.
m) Security Services
11
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 6—Aviation—Light Manufacturing/Assembly
Statement of Concept
A business engaged in the production and/or assembly of light aircraft/aircraft
parts/components and or accessories.
Minimum Standards
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1. The company shall have space available in its leased area for safe loading,
unloading, storage and containment of equipment parts and materials necessary for the
production and manufacturing of their product as specified in their business plan. A
written emergency plan for the handling of hazardous materials will also be required.
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2. The hangar, ramp and infrastructure requirements will be determined by FAA cL
airport design standards in relation to the SASO business plan. In any case a minimum of
300 square feet of office space is required for aircraft sales, with a minimum of two (2) 0
tie downs and appropriate ramp area with access to public restrooms. This type of Lll
company may be a sublessee of the CCAA with a written agreement approved by the
Authority or another SASO. ��
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3. Insurance types and amounts as required for this activity. (See Appendix 1) o
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 7—Aircraft Storage
Statement of Concept
A SASO engaged in an aircraft storage business typically leases or rents aircraft
hangar space. This could also include ramp or tie down space.
Minimum Standards
1. A SASO or business shall lease space sufficient for hangars, parking, taxiing, a'
restrooms, and any other facilities necessary to be in compliance with all federal, state, N
and local requirements.
2. A SASO or business shall have its facilities available for the tenant's aircraft
removal and storage on a 24-hour basis. o
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3. The minimum hangar, ramp and infrastructure requirements will be determined
by FAA airport design standards in relation to the SASO business plan.
4. The SASO shall provide sufficient personnel trained to meet all requirements for N
the storage of aircraft with appropriate equipment.
5. Insurance types and amounts as required for this activity. (See Appendix 1) c
6. A 24-hour contact name and phone number must be posted on the building or
facility site in plain view at all times.
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 8—Aircraft Sales
Statement of Concept
1. New Aircraft Sales: An aircraft sales company is engaged in the sale of new
aircraft through franchises or licensed dealerships (if required by local, county or state
authority) or distributorship (either on a retail or wholesale basis) of an aircraft
manufacturer or used aircraft; and has the ability to provide for repair, services, and parts
as necessary to meet any guarantee or warranty on aircraft sold.
2. Used Aircraft Sales: Many companies engage in the purchasing and selling of
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used aircraft. This is accomplished through various methods including matching
potential purchasers with an aircraft (brokering), assisting a customer in the purchase or
sale of an aircraft, or purchasing used aircraft and marketing them to potential purchasers.
Sometimes these companies' also provide such repair. services, and parts as necessary to a
support the operation of aircraft sold. 2
a.Minimum Standards
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1. The company engaged in the business of selling new aircraft shall have available ••
a representative example of the product. The sales entity shall provide necessary and
satisfactory arrangements for repair and servicing of aircraft, but only for the duration of
any sales guarantee or warranty period and shall provide an adequate inventory of spare o
parts for the type of new aircraft for which sales privileges are granted.
2. The company shall have in its employment, and on duty during the appropriate
business hours, trained personnel in such numbers as are required to meet the Minimum
Standards set forth. The company shall also maintain, during all business hours, a et
responsible person in charge to supervise the operations in the leased area with the
authorization to represent, and act for and on behalf of the fine. The company shall also
have the ability to provide an individual with the proper certification and qualifications to
train and certify pilots for aircraft sold as required.
3. The hangar, ramp and infrastructure requirements will be determined by FAA
airport design standards in relation to the SASO business plan. In any case a minimum of
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300 square feet of office space is required for aircraft sales, with a minimum of two (2)
tie downs and appropriate ramp area with access to public restrooms. This type of
company may be a sublessee of the CCAA with a written agreement approved by the
Authority or another SASO.
4. Insurance types and amounts as required for this activity. (See Appendix 1)
14
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 9—Aircraft Flight Training
Statement of Concept
A Flight training SASO engages in instructing pilots in dual and solo flight training,
in fixed and/or rotary wing aircraft, and provides such related ground school instruction
as is necessary preparatory to taking a written flight examination for the category or
categories of pilots' certificates and ratings involved.
Minimum Standardsco
1. The company shall have available for use in flight training, either owned or the
ability to lease under written agreement, properly certificated aircraft, one of which must
be a four-place aircraft, and one of which must be equipped for and capable of use in o
instrument flight instruction. 2
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2. The company shall have at least one flight instructor who has been properly
certificated by the FAA to provide the type of training offered.
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3. The minimum hangar, ramp and infrastructure requirements will be determined
by FAA airport design standards in relation to the SASO business plan. A minimum 300
osquare feet of office space, two (2) aircraft tie-downs, two (2) vehicle parking spaces, and
access to telephone and restrooms is required for this activity.
4. Insurance types and amounts as required for this activity. (See Appendix 2)
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Packet Pg. 793
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 10—Aircraft Charter and Air Taxi
Statement of Concept
An ON-demand, scheduled air charter or air taxi SASO engages in the business of
providing air transportation (persons or property) to the general public for hire, on an
unscheduled or scheduled basis under Code of Federal Regulations CFR 14 Part 135 of
the Federal Aviation Regulations.
Minimum Standards
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1. The company shall provide, either owned or under written lease, the type, class,
size and number of aircraft intended to be used by the company. Aircraft must meet all co
FAA and DOT requirements of the air taxi commercial certificate held by the company. To
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2. The hangar, ramp and infrastructure requirements will be determined by FAA d
airport design standards in relation to the SASO business plan. A minimum of 300
square feet of office space, access to telephones, restrooms, aircraft tie-down, and a
minimum of two automobile (2) parking spaces or as per county code are required for
this activity.
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4. Insurance types and amounts as required for this activity. (See Appendix 2)
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 11 —Specialized Commercial Flying Services
Statement of Concept
1. A specialized commercial flying service engages in air transportation for hire for
the purpose of providing the use of aircraft for the following activities:
a. Sightseeing flights.
b. Aerial Application.
c. Banner towing and aerial advertising.
d. Aerial photography or survey. a
e. Power line or pipe line patrol. to
f. Fire fighting.
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h. Any other operation as determined by the CCAA. o
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Minimum Standards
1. The company shall lease sufficient space to accommodate all activities and
operations proposed by the firm. The minimum areas in each instance shall be subject to
the approval of the Collier County Airport Authority. In the case of crop dusting or aerial
application, the company shall make suitable arrangements and have such space available
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in its leased area for safe loading and unloading and storage and containment of chemical
materials. A written emergency plan for the handling of hazardous materials will also be
required. All companies' shall have the availability of aircraft suitably equipped and
certified for the particular type of operation they intend to perform.
2. Insurance types and amounts as required for this activity. (See Appendix 2)
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 12—Aircraft Lease and Rental
Statement of Concept
A business engaged in the rental or lease of aircraft and/or ultralights to the
public.
Minimum Standards
1. Aircraft:
a) The firm shall have available for rental, either owned or the ability to lease
under written agreement to the company, a minimum of two (2) certified and Q
currently airworthy aircraft, one of which must be a four-place aircraft, and one of
which must be equipped for and capable of flight under instrument weather
conditions. The hangar, ramp and infrastructure requirements will be determined 2
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by FAA airport design standards in relation to the SASO business plan. A
minimum 300 square feet of office space and two (2) aircraft tie-down spaces are
required for this activity.
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b) The company shall have in its employment and available during the N
appropriate business hours, a minimum of one person having a current FAA
commercial pilot certificate with appropriate ratings, including instructor rating.
2. Ultralight Vehicles:
a) The company shall have available for rental, either owned or under written
lease, one approved ultralight vehicle. The hangar, ramp and infrastructure
requirements will be determined by FAA airport design standards in relation to
the SASO business plan. A minimum 300 square feet of office space and one (1)
aircraft tie-down space, and a minimum of two (2) parking spaces or as required
per county code is required for this activity.
b) The company shall have in its employment and on duty during appropriate
business hours, a minimum of one person having a current FAA commercial pilot
certificate or an Advanced Flight Instructor's (AFI) rating from the United States
Ultralight Association (USUA) or as required under 14 CFR Part 103.
3. Insurance types and amounts as required for this activity. (See Appendix 1)
18
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10'2005
Section 13—Aircraft Airframe, Engine and Accessory Maintenance and Repair
Statement of Concept
An aircraft airframe, engine and accessory maintenance and repair Facility
provides one or a combination of airframe, engine and accessory overhauls and repair
services on aircraft up to and may include business jet aircraft and helicopters. This
category shall also include the sale of aircraft parts, accessories and aircraft lubricants.
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Minimum Standards
1. The SASO shall have in its employ, on duty, or the ability to provide during the
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appropriate business hours, trained and certified personnel required to meet the services
required for this type of operation, but never less than one person currently certified by
the FAA with ratings appropriate to the work being performed and who holds an o
airframe, power plant or an aircraft inspector rating. The company shall provide sufficient a_
equipment, supplies, manuals and availability of parts equivalent to meet the level of
service they provide as specified in their business plan. a
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2. The hangar, ramp and infrastructure requirements will be determined by FAA N
airport design standards in relation to the SASO business plan. In any case, a minimum
of 300 square feet of office space is required for aircraft sales, with a minimum of two (2)
vehicle parking spaces or as required per county code for this activity.
3. Insurance types and amounts as required for this activity. (See Appendix 2)
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 14—Avionics,Instruments, Propeller Repair Station
Statement of Concept
An avionics, instrument, or propeller repair station SASO engages in the business
of and provides a shop for the sales and repair of aircraft avionics, propellers, or
instruments, and accessories for aircraft. This category may include the sale of new or
used aircraft avionics, propellers, instruments, and accessories. The SASO shall hold the
appropriate repair station certificates issued by FAA for the types of equipment it plans to
service and/or install.
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1. The SASO shall have in its employment and on duty during the appropriate
business hours trained personnel required to meet the operations business in an efficient a
manner, but never less than one person who is an FAA rated radio, instrument or 2
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propeller repairman.
2. The hangar, ramp and infrastructure requirements will be determined by FAA w
airport design standards in relation to the SASO business plan. A minimum 300 square
feet of office space, 3,000 square foot hangar, two (2) parking spaces or as per county
code, and access to restrooms and telephone.
3. Insurance types and amounts as required for this activity. (See Appendix 2)
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Packet Pg. 798
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 15— Commercial Skydiving
Statement of Concept
A Skydiving SASO engages in the transportation of persons for skydiving,
instruction in skydiving, and rental and sales of skydiving equipment.
Minimum Standard
1. The company shall have available for skydiving, either owned or under written
lease to the company, at least one properly certificated aircraft. Cr)
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2. The company operation shall meet or exceed the Basic Safety Requirements
(BSR) of the United States Parachute Association (USPA), FAR Part 105, and related o
FAA Advisory Circulars. The jump plane pilot must hold a FAA commercial pilot o
certificate and be appropriately rated for the aircraft being operated. 2
3. The hangar, ramp and infrastructure requirements will be determined by FAA
airport design standards in relation to the SASO business plan. A minimum 300 square w
feet of office space, one (1) aircraft tie-down, access to telephones and restrooms, and N
sufficient area for skydiving staging and preparation. N
4. Insurance types and amounts as required for this activity. (See Appendix 2) o
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 16—Multiple Services
Statement of Concept
A multiple services commercial aviation business engages in any two or more of
the Specialized Aviation Service Operations (SASO's) listed in these Minimum
Standards or similar to those listed.
Minimum Standards
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1. The SASO shall comply with the aircraft requirements, including the equipment N
for each aeronautical service to be performed. Multiple uses can be made of all aircraft
owned or under lease by the company except aircraft used for crop dusting, aerial
application, or other commercial use of chemicals. The company should have individuals N
certified to provide all services being offered. a
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2. The company shall provide the facilities, equipment and services required to meet
the Minimum Standards as herein provided for all aeronautical services SASO is
performing. x
3. Insurance types and amounts as required for this activity. (See Appendix 2)
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 17—SASO's Subleasing From Another SASO
Any subleasing agreement, shall obtain the written approval of the Collier County
Airport Authority.
The sub-sublessee SASO shall meet all of the Minimum Standards established by
the Collier County Airport Authority for the categories of services to be furnished by the
SASO. The Minimum Standards may be met in combination between sublessee and sub-
sublessee. The sub-sublease agreement shall specifically define those services to be
provided by the sublessee to the sub-sublessee that shall be used to meet the standards.
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Insurance types and amounts as required for this activity. (See Appendix 2)
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 18—Flying Clubs
Statement of Concept
Flying Club means not-for-profit entities organized for the express purpose of
providing its members with any number of aircraft for their personal use and enjoyment
only. Aircraft must be vested in the name of the club or owners on a pro-rata share. The
club may not derive greater revenue from the use of the aircraft than the cost to operate,
maintain and replace the aircraft. A flying club qualifies as an individual under the grant
assurances and, as such, has the right to fuel and maintain the aircraft with its members.
The following individual operations are classified as clubs a
1. Gyro Copter Clubs
2. Acrobatic Clubs
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3. Ultra Light Clubs o
4. Aircraft Clubs
5. Any other club not specifically identified in this section that is determine
by the Authority to be a"club."
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Minimum Standards
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1. All operations shall require the completion of an application (in Section 3) plus a
written agreement with the Authority. N
2. The company shall have in its employment, and on duty during the appropriate 12
business hours, trained personnel in such numbers as are required to meet the Minimum
Standards set forth. The company shall also maintain, during all business hours, a cc
responsible person in charge to supervise the operations in the leased area with the
authorization to represent, and act for and on behalf of the firm. The company shall also
have the ability to provide an individual with the proper certification and qualifications to
train and certify pilots for aircraft as required
Flying Clubs must meet the strict definition of the FAA and provide a list of E
members to the Airport Authority with an annual update. The Flying Clubs shall 5
provide an emergency contact person and phone number.
3. Insurance types and amounts as required for this activity. (See Appendix 2)
24
Packet Pg. 802
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 19—Environmental
Any SASO, person, party, firm, subleasee, sub-subleasee, or corporation
operating on this airport must comply with all federal, state, and local environmental
requirements as they exist and may be amended from time-to-time.
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 20—Security
Any SASO, person, party, firm, subleasee, sub-subleasee, or corporation
operating on this airport must comply with the Collier County Airport Authority Security
Plans, Rules and regulations, and all federal, state, and local Security requirements as
they exist and may be amended from time-to-time.
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Section 21 -Enforcement of Violations of the Minimum Standards
Violation of any of the terms, conditions, requirements, standards, or prohibitions
of these Minimum Standards by a person or entity that does not have a current airport
agreement with the Collier County Airport Authority may be punished in accordance
with County, State or Federal Regulations.
Violation of any of the terms, conditions, requirements, standards, or prohibitions
of these Minimum Standards by a person or entity that has an existing airport agreement
with the Collier County Airport Authority may be grounds for the termination of the non-
exclusive right to do business at the Collier County Airports or punished in accordance
with County, State or Federal Regulations or as provided for in the provisions of the
agreement, or both, cumulatively. N
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
APPENDIX 1
Proprietary Exclusive Activities
As provided for in FAA Airport Compliance Order 5190.6A, the Collier County Airport
Authority (herein the "Authority") has exercised its proprietary right to provide certain
aeronautical activities exclusively, including aircraft fueling, aircraft servicing, and
property management.
A. Aircraft Fueling: The Authority shall be the sole commercial purveyor of aviation
petroleum products at the each of its three Airports. While the Authority reserves the
exclusive right to sell all aviation fuel products at the Airport, FAA regulations allow an
aircraft owner to self-fuel his or her aircraft provided the aircraft owner meets certain
specific criteria as established by the FAA and the airport operator. Accordingly, the
Authority has adopted a Self-fueling Permit in the interest of preserving each Airport's
exclusive fueling rights and to accommodate an owner's aircraft self-fueling activities. �a
An aircraft owner may self-fuel owned or exclusively leased aircraft providing 2
such operation is conducted in accordance with NFPA 30 and 407, Aircraft Fuel
Storage and Servicing, latest adopted edition; Advisory Circular 150/5230-4,
Aircraft Fuel Storage, Handling, and Dispensing on Airports; Air Transport x
Association standards for jet fuel quality control at Airports, as applicable and as
may be hereafter amended; the Authority's Rules or/or Regulations, and the Authority's
Hazardous Materials Management Plan, as each of the same may be amended, N
renumbered or replaced (superceded). Self-fueling shall be conducted only in those o
geographic areas designated by the Authority from time-to-time. Aircraft owners may N
only conduct self-fueling operations after first obtaining a site-specific Self-Fueling o
Permit from the Authority.
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A co-op (an organization formed by several aircraft owners for the purpose of
self-fueling) is absolutely and in all events prohibited from engaging in self-fueling
operations.
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B. Aircraft Servicing: The Authority shall be the sole provider of aircraft servicing
which shall include, but is and shall not be limited to, parking, securing, loading and
unloading, fluid level servicing, and other such services that are commonly
associated with aircraft arrivals and departures. Aircraft self-servicing, like self-fueling,
may also be accomplished by an aircraft owner provided such servicing is accomplished ct
by the aircraft owner, his employees, or the exclusive lessee of an aircraft, using
resources supplied by the aircraft owner and provided such operations are conducted in
accordance with then applicable established regulations of the Authority.
C. Property Management: The Authority shall be the sole sub-lessor (lessor) of airport
property and facilities for aeronautical activities at the Airport.
Each individual or entity may provide property management services for non-
aeronautical leasing only after entering into an appropriate written agreement with the
Authority.
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Packet Pg. 806
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
APPENDIX 1A
Aircraft Fuel Service
Statement of Concept
Collier County Airport Authority is the only authorized provider of aircraft fuel
service supporting itinerant aircraft operations and operations of aircraft based on the
airport.
Minimum Standards
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No unauthorized Operator shall provide fuel on the airport. Any self-fueling by
aircraft owners will be subject to non-commercial aviation fuel flowage usage fees, rules
and regulations, the National Fire Protection Association (NFPA), the Uniform Fire
Code, all applicable Federal, State, and Collier County Airport Authority requirements
for each type of fuel dispensed. o
1. All companies, contractors, sub-contractors, suppliers, providers, or other entities
delivering any quantity of aviation fuel, AV Gas 100LL, or Jet aviation fuel, or any other x
type fuel or grade shall provide a duplicate original delivery receipt of type, quantity, and
grade of product delivered to the CCA, to the Airport Administration on the date of
delivery or mailed within seven days.
a) Fuel dispensing equipment, meeting all applicable Federal, State, and
Collier County Airport Authority requirements for each type of fuel dispensed.
b) The Safe storage and handling of fuel and petroleum products in
conformance with all Federal, State, County and City requirements and Fire
co
Codes pertaining to safe storage and handling of fuel and petroleum products.
E
c) The lawful and sanitary handling and timely disposal, away from the
Airport, of all solid waste, regulated waste, and other materials including, but not 'E
limited to, used oil, solvents, and other regulated waste. The piling and storage of
crates, boxes, barrels, and other containers will not be permitted on the leased
a)
premises or airport property. c
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d) Adequate bonding wires will be installed, continuously inspected and
maintained on all fueling equipment, to reduce the hazards of static electricity.
e) An adequate supply of properly located fire extinguishers and other
precautions and/or equipment required by applicable fire codes.
Insurance types and amounts as required for this activity. (See Appendix
1)
29
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Only the Collier County Airport Authority is permitted to sell, store, or
provide aircraft fuel to or on the airport.
The hangar, ramp and infrastructure requirements will be deteiniined by
FAA airport design standards in relation to the SASO business plan.
The company must provide, by means of an office or a telephone, a point
of contact for the public desiring to utilize the services provided. A contact name
and phone number must be provided to the Airport Management for emergency
purposes
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
APPENDIX 2
Insurance Requirements
Type of Insurance Minimum Limits When Needed
Workmen's Compensation Statutory Statutory
Airport Liability $2 Million For all commercial operators
General Liability and general aviation tenants.
Aircraft Liability Risk Analysis To be determined.
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Builders Risk Risk Analysis Construction projects.
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a.
Contractual Liability Risk Analysis To be determined.
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Property Insurance Replacement value Covers physical damage of Lit
facilities constructed on
airport property. CNA
11)Automobile Liability Statutory minimum Vehicles driven on the airport
premises.
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Chemical Liability Statutory minimum Aerial applicators, etc.
Environmental Risk Analysis To be determined.
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31
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
APPENDIX 3
Minimum Requirements for a Business Plan
1. All services that will be offered should be listed and confirmation of all
required certification provided.
2. Amount of land or building space to comply with the minimum standards set
forth in this document.
3. Building space that will be constructed and the site and floor plan proposed.
a,
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4. Number and type of aircraft that will be provided for each service being
offered.
5. Equipment. o
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6. Number of persons to be employed.
7. Short resume for each of the owners (20% or more equity) and financial
backers.
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8. Short resume of the manager of the business including this person's N
experience and background in managing a business of this nature.
9. Proposed schedule of operations (days and hours).
10. Amounts and types of insurance coverage to be maintained (can be no less
than the minimums required by the Collier County Airport Authority Risk
Management).
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11. A 5-year financial plan to include operational objectives and projections. E
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12. Proof of adequate resources to realize business objectives.
13. Methods to be used to attract new business (advertising and incentives).
14. Physical amenities to be provided to attract business.
15. Plans for physical expansion, if business should warrant such expansion.
32
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10,!2005
APPENDIX 4
Rates and Charges
(Revised) 20xx
Federal Aviation Administration Airport Assurances Part V, 24.;
Fee and Rental Structure. The Sponsor 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
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such factors as the volume of traffic and economy of collection. E
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This Appendix 3 Rates and Charges will be reviewed annually, ad' . -d as eeded and Q
replaced in the Minimum Standards Document.
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Rates and Charges shall be justified. The goal is to .•-et the c1 • oper.ting the airport, o
eliminating subsidies from the County's general tax fund. " a
In determining rates and charges, cost 'enter are evalu. =•. hese i clue- runways, X
taxiways, ramp maintenanc-, -•st of f.cilities, utilities, and other ai p ort Administrative w
services and mainten.• e. N
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The Cous egal •bligati n to the r fu ding a d grant assu ces is the useful LO
life c 'a facility, bu no mo than 21 ye . Pav:' ent a eful life was calculated at 10 N
yeas. ''
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1. l'ty ease Fo mula. ct
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a. Th, • are-_outage lea-e ra : t ill Purchase $ =Annual $
be - ota constru2tion price, divided 20 years E
ov- thel. e of th facility; 20 years. E
Annual $ =Base Sq. Ft.
Total Square Footage
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b. The square footage lease rate will Purchase $ =Annual $ E
be the total purchase price, divided 20 years 0
over the life of the facility; 20 years. Q
Annual $ =Base Sq. Ft.
Total Square Footage
c. On a building with no associated Replacement Cost =Annual $
purchase cost, the square footage 20 years
lease rate will be the cost
Annual $
estimate to replace the building, = Base Sq. Ft.
divided by 20 years. Total Square Footage
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Packet Pg. 811
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
2. Pavement Lease Formulas
The cost or replacement cost of the Cost/Replacement Cost —Annual Rent
pavement divided by 10 years, then divided 10 years
by the total square footage.
Annual Rate = Base Sq. Ft.
Total Square Footage
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Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports 10/2005
Rates and Charges
(Revised 20xx)
Facility Lease Rate Per Square Foot Annually
Calculated as Follows;
Purchase/Appraised
or Replacement Cost
Utilities Cost
Maintenance Cost (1.504 -2.5°/0 ca
of appraised value) w
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Administrative Cost Q
715
Return on Asset (4% annually) j o
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Total Annual Cost = —_ _ _ / 0
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Ramp Fee ' c.,
Specialized A viation Se. - Op•rati.n ( SO $0.05/sq. 00.00
or S A e that 1:.ses or 'edswn
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Vehicle Parkin! Space •e a req irec N
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SASO One `ft 20ft p. ting .a / $8.00/per month a
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Fuel Flowa e F e o
SASO v um $0.06 per gallon .04
Non-Profit or.'riva e $0.04 per gallon .06 E
Lan. ease Rate
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Unimproved land with no taxi lane
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access within 100ft. $0.15 square foot per year Q
Improved Land; asphalt. concrete,
Taxi lane access; $0.20 square foot per year
Non—aviation Unimproved Land $0.35 sq. ft. per year base or
minimum
Non-aviation Improved Land $0.20 sq. ft. per year base or
minimum
35
Packet Pg. 813
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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 o
with control of a public-use airport; the term "private sponsor" means a private owner d
of a public-use airport; and the term "sponsor" includes both public agency sponsors
and private sponsors.
a>
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated LL!
in and become part of this grant agreement.
B. Duration and Applicability. `='
1. Airport development or Noise Compatibility Program Projects Undertaken by a cF
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 N
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, v)
there shall be no limit on the duration of the assurances regarding Exclusive Rights a
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.
co
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 312014 Page 1 of20
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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 teiins,
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. a)
N
It will comply with all applicable Federal laws, regulations, executive orders, to
policies, guidelines, and requirements as they relate to the application, acceptance and Q
use of Federal funds for this project including but not limited to the following: Ta
u)
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Federal Legislation o
a.
a. Title 49, U.S.C., subtitle VII, as amended. Q
b. Davis-Bacon Act- 40 U.S.C. 276(a), et seq.' a
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. w
d. Hatch Act—5 U.S.C. 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 Title 42 U.S.C. 4601, et seq.' 2 csi
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).' 0-
T
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through u)
CD
469c.' c
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. E
i. Clean Air Act, P.L. 90-148, as amended. to
j. Coastal Zone Management Act, P.L. 93-205, as amended. T
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 c
1. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) a
m. Rehabilitation Act of 1973 - 29 U.S.C. 794. (n
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) o
EL
(prohibits discrimination on the basis of race, color, national origin); .5
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et
seq.),prohibits discrimination on the basis of disability). 0
p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. o
q. American Indian Religious Freedom Act, P.L. 95-341, as amended. ct
r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.' Q
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 seq.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 seq.'
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.2
y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Airport Sponsor Assurances 3.2014 Page 2 of 20
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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
fn
Federal Regulations n
a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment
and Suspension (Nonprocurement).
2
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and a`
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-133 -Audits of States, Local Governments, and Non-Profit
Organizations].4,5,6
c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment Zr";
d. 14 CFR Part 13 - Investigative and Enforcement Proceduresl4 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 Q
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 a
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 7.3
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.'
m. 49 CFR Part 20 -New restrictions on lobbying.
n. 49 CFR Part 21 —Nondiscrimination in federally-assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights Act of
1964.
o. 49 CFR Part 23 -Participation by Disadvantage Business Enterprise in Airport
Concessions.
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.'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.1
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 E
(Financial Assistance) a
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 o
new building construction. o
n.
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.
N
T
Footnotes to Assurance C.l.
N
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 E
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 E
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 312014 Page 4(>1'20
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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. o
b. Private Sponsor: a.
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 W
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.
� L
4. Good Title. o
a. It, a public agency or the Federal government, holds good title, satisfactory to the a
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. a
L
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 Pan 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. N
c. For all noise compatibility program projects which are to be carried out by N
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 To
government. Except as otherwise specified by the Secretary, that agreement shall a
obligate that government to the same terms, conditions, and assurances that would 2
a.
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. Tx;
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 cu
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.
0.
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 a
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. a
0
In projects involving the location of an airport, an airport runway, or a major runway o
extension, it has afforded the opportunity for public hearings for the purpose of a
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 N
has on its management board either voting representation from the communities Ti;
where the project is located or has advised the communities that they have the right to
petition the Secretary concerning a proposed project.
ca
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 a.
described or depicted.
0
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 a
conducted by a recipient. In any case in which an independent audit is made of the 2
a.
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 `u!
the audit was made. r
N
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 predeteinrined 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. o
15. Veteran's Preference. a
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), ca
preference shall be given to Vietnam era veterans, Persian Gulf veterans,
Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned E
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,
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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.
a)
18. Planning Projects.
In carrying out planning projects: N
0
a. It will execute the project in accordance with the approved program narrative o
contained in the project application or with the modifications similarly approved. a
b. It will furnish the Secretary with such periodic reports as required pertaining to Q
the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning ev
project a notice that the material was prepared under a grant provided by the N
United States.
d. It will make such material available for examination by the public, and agrees that
to
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. o
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 qui
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,
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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. a
Further, nothing herein shall be construed as requiring the maintenance, 2
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. N
20. Hazard Removal and Mitigation. of.
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.
N
21. Compatible Land Use.
o.
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
ra
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 a)
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-
1) furnish said services on a reasonable, and not unjustly discriminatory, basis to
all users thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or
service, provided that the contractor may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions
to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees,
rentals, and other charges as are uniformly applicable to all other fixed-based
operators making the same or similar uses of such airport and utilizing the same
or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use
any fixed-based operator that is authorized or permitted by the airport to serve any n.
air carrier at such airport. 0
n`.
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 a
substantially comparable rules, regulations, conditions, rates, fees, rentals, and w
other charges with respect to facilities directly and substantially related to
providing air transportation as are applicable to all such air carriers which make N
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 y
person, firm, or corporation operating aircraft on the airport from performing any a
services on its own aircraft with its own employees [including, but not limited to
maintenance, repair, and fueling] that it may choose to perform. o�
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 E
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.
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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
Y
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, a
aircraft sales and services, sale of aviation petroleum products whether or not 2
a.
conducted in conjunction with other aeronautical activity, repair and maintenance
of aircraft, sale of aircraft parts, and any other activities which because of their Q
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 o
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. E
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel E
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, o
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 1.1
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.
0
26. Reports and Inspections. ,�
It will: a
a. submit to the Secretary such annual or special financial and operations reports as .Ei
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 E
airport budget in a format prescribed by the Secretary; 0
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
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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 ca
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 o
operating and maintaining the facilities used. Unless otherwise determined by the a
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 N
any calendar month that—
cNi
a. Five (5) or more Government aircraft are regularly based at the airport or on land a
adjacent thereto; or
a)
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.
0
28. Land for Federal Facilities.
a
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 L
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 n
determines adversely affects the safety, utility, or efficiency of any federally 2
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 x
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, N
efficiency, and cost of operation existing before the unapproved change in the a
airport or its facilities except in the case of a relocation or replacement of an ct
existing airport facility due to a change in the Secretary's design standards beyond
the control of the airport sponsor.
30. Civil Rights. N
It will promptly take any measures necessary to ensure that no person in the United `o
States shall, on the grounds of race, creed, color, national origin, sex, age, or v
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 o
received from this grant. 2-
a.
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, a'
operate all facilities, or conduct all programs in compliance with all non-
discrimination requirements imposed by. or pursuant to these assurances.
Zr'
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
co
the following periods:
1) So long as the airport is used as an airport, or for another purpose involving Q
the provision of similar services or benefits; or
2) So long as the sponsor retains ownership or possession of the property. o
d. Required Solicitation Language. It will include the following notification in all a
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: w
"The (Name of Sponsor), in accordance with the provisions of Title VI of the 1
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
cu
enterprises and airport concession disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and as
will not be discriminated against on the grounds of race, color, or national origin
in consideration for an award." t4
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 L
the contracts by reference in every contract or agreement subject to the non •
-
discrimination in Federally-assisted programs of the DOT acts and
regulations.
coU
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.
£ 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
U)
interest, and other participants of Federal financial assistance under such program
will comply with all requirements imposed or pursuant to the acts, the regulations, Q
and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with
0
regard to any matter arising under the acts, the regulations, and this assurance. 2
31. Disposal of Land.
U
a. For land purchased under a grant for airport noise compatibility purposes, x
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 L
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) co
transferred to another eligible airport as prescribed by the Secretary. The 0
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 9'
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 a
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, c
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 a)
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 N
31, 1987, will be considered to be needed for airport purposes if the Secretary or a
Federal agency making such grant before December 31, 1987, was notified by the 2
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 C;;
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
o.
operation of the airport. 'T-
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 a
Services Act of 1949 or an equivalent qualifications-based requirement prescribed for w
or by the sponsor of the airport. a
E-
33.
33. Foreign Market Restrictions. m
It will not allow funds provided under this grant to be used to fund any project which E
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
Airport Sponsor Assurances 312014 Page 18(4.20
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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 E"
persons as required in Subpart D and E of 49 CFR Part 24. E
c. It will make available within a reasonable period of time prior to displacement, v
comparable replacement dwellings to displaced persons in accordance with
Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. o
The airport owner or operator will permit, to the maximum extent practicable, 2
a.
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. �y
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, e
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 o
26 and 23, and as approved by DOT, are incorporated by reference in this 2
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, a)
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 co
3) Provides a time frame within which, if any, the airport will be able to
accommodate the requests.
To
b. Such report shall be due on either February 1 or August 1 of each year if the a
airport has been unable to accommodate the request(s) in the six month period o
prior to the applicable due date.
U
a)
W
T
L
N
Cl)
N
U
lC
L
N
N
CC
O
y
O
C.
N
O
Q
L
CC
a)
E
U
CC
Airport Sponsor Assurances 3.'2014 Page 20 of20
Packet Pg. 833