HomeMy WebLinkAbout2007General Provisions
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Sebastian Municipal Airport
Adopted: April 11, 2007
Sebastian Municipal Airport General Provisions
TABLE OF CONTENTS
SECTION 1-GENERAL INFORMATION ............................................................................ l
SECTION 2 -DEFINITIONS .................................................................................................... l
SECTION 3 -APPLICATION PROCEDURES
3.1 Application Requirement (General) ............................................................................. 2
3.2 Application Submittal .................................................................................................. 2
3.3 Application Information ............................................................................................... 2
3.4 Action on Application .................................................................................................. 3
3.5 Application Approval ................................................................................................... 4
3.6 Right to Resubmit ........................................................................................................ 4
SECTION 4 -INSURANCE REQUIREMENTS
4.1 Insurance Requirements ............................................................................................... 4
SECTION 5 -OTHER REQUIREMENTS
5.1 Airport Security ........................................................................................................... 6
5.2 Operating Agreement ................................................................................................... 6
5.3 Subcontracting ............................................................................................................. 6
5.4 Construction and Site Development Standards ............................................................ 7
5.5 General Lease Clauses ................................................................................................. 7
5.6 Severability Clause ...................................................................................................... 8
APPENDIX A Application for Airport Land Lease
APPENDIX B Recommended Business Plan Criteria
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Sebastian Municipal Airport
SECTION 1
GENERAL INFORMATION
General Provisions
In order to promote the orderly and safe operation, maintenance, and development of the
Sebastian Municipal Airport, the City of Sebastian has adopted a set of guiding documents to
assist in the management and administration of the Airport. These documents include:
a. General Provisions (this document) -provides general information regarding how
to do business with the Sebastian Municipal Airport.
b. Development Guidelines and Standards -provide an overview of development process
and outline certain specific requirements for new development at the Airport.
c. Airport Rules and Regulations -establishes specific rules and regulations for conducting
activities at the Airport and procedures for enforcement.
d. Minimum Standards for Aeronautical Activities -identifies minimum acceptable
facilities and levels of service for providers of commercial and other certain aeronautical
activities.
e. Definitions for Use Regarding Sebastian Municipal Airport -provides definitions of
words, terms and phrases used in the guiding documents for the Airport.
Provisions found in each of these documents are intended to guide users and tenants in meeting
the objectives of the City of Sebastian for operating the Airport in a safe, secure, and efficient
manner, for providing an opportunity for profitable commercial services offered to the public,
and for developing airport property into an attractive commercial business environment as an
asset to the citizens of the City.
SECTION 2
DEFINITIONS
All words, terms and phrases when used herein shall have the meanings as described in the
Definitions for Use regarding Sebastian Municipal Airport. Words, terms and phrases which
relate to aeronautical practices, processes and equipment, not defined therein, shall be construed
according to the definitions in Title 14 of the Code of Federal Regulations, Florida Statutes
Chapter 332 or, if not defined therein, according to their general usage in the aviation industry.
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SECTION 3
APPLICATION PROCEDURES
3.1 Application Requirement (General)
Any individual, partnership or corporation desiring to lease Airport property for any purpose
must complete and submit a lease application (See Appendix A) for approval by the City..
a. Application Requirements (Commercial Aeronautical Services)
Any individual, partnership or corporation desiring to lease Airport property for purposes
of performing commercial aeronautical services must complete and submit a lease
application incorporating the requirements established by the Minimum Standards for
Aeronautical Activities and signed by all parties owning an interest in the business
including each partner, director, or corporate officer
b. Application Requirements (Commercial Non-Aeronautical Services)
Any individual, partnership or corporation desiring to lease Airport property for purposes
of conducting a commercial non-aeronautical service must complete and submit a lease
application for approval. The application must signed by all parties owning an interest in
the business including each partner, director, or corporate officer.
3.2 Application Submittal
The original application with three (3) copies, together with all required application
documentation, shall be submitted to:
Airport Director
Sebastian Municipal Airport
202 Airport Drive East
Sebastian, FL 32958
3.3 Application Information
Applicants shall furnish the following supporting documents as evidence of organizational and
financial capability to provide the proposed activities:
a. Business Plan - a written proposal detailing the nature of the proposed commercial
service to be provided, space and facility requirements and the proposed location on the
Airport. (See Appendix B).
b. Financial Statement - a current financial statement prepared in accordance with
standard accounting principles by a certified public accountant (CPA). Applicant must
submit a report from all principals for a corporation or partnership. The Airport shall be
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entitled to consider the financial statement in evaluating the applicant's financial ability
to provide reasonable, safe and adequate services to the public. Upon review of the
Applicant's other information, this requirement maybe waived.
c. Credit Report - a current credit report covering all business activities in which the
applicant has participated within the past ten years. Applicant may be requested to
submit a report for all principals for a corporation or partnership.
d. Personnel - no later than 3 o days after submission of the lease application, a listing,
with brief resumes of key personnel to be assigned to the proposed commercial service
along with a description of their duties and responsibilities.
e. Evidence of Insurance with policy coverage; conditioned on the faithful performance of
an agreement that conforms to the requirements of the City's Insurance Requirements
as outlined in these General Provisions. (See Section 4).
f. Such other information as the City may require.
3.4 Action on Application
The City may deny any lease application or reject any proposal to operate any commercial
service on the Airport, if, in its opinion, it finds any one or more of the following:
a. The applicant does not meet published qualifications, standards, guidelines, and
requirements established the City of Sebastian.
b. The applicant has supplied the City, or any other person, with false or misleading
information or has failed to make full disclosure in their application or in the supporting
documents.
c. There is no appropriate, adequate or available space on the Airport to accommodate the
applicant at the time of application.
d. The proposed activity construction/development plans conflict with the Airport's
Approved Airport Layout Plan, or which will create a safety hazard as determined by
the City or by the FAA through the review of FAA Form 7460-1, "Notice of Proposed
Construction or Alteration" for the proposed construction/development.
e. The proposed activity construction/development requires the City to spend funds or to
supply materials/manpower that the City is unwilling to spend or supply.
f. The proposed activity construction/developmenttyill result in depriving existing service
providers or tenants of portions of the area in which they are operating; will result in
congestion of the airfield, roadways, or buildings; or will unduly interfere with the
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operations of any present service providers or tenants, or prevent free access to such
operations.
g. The proposed activity or operations have been or could be detrimental to the Airport.
h. The applicant has previously violated any of the Airport's Minimum Standards and/or
Rules and Regulations, or the standards and regulations of any other airport, Federal
Aviation Regulations, or any other statutes, ordinances, laws or orders applicable to the
Airport or any other airport.
i. The applicant has defaulted in the performance of any lease or other agreement with the
City.
j . The applicant's credit report contains information that would create serious questions
regarding the applicant's abilities to provide the proposed service.
k. The applicant does not have, or appear to have, access to the operating capital
necessary to provide the proposed service.
1. The applicant is unable to obtain sufficient insurance, financial sureties or guarantors to
protect the interest of the City, the FAA or other appropriate governmental entities.
m. The applicant has been convicted of any crime, or has violated any local, state or
federal laws.
n. The City determines that the proposal is not in the best interest of the health, safety,
welfare, necessity, or convenience of the traveling public, existing tenants and other
service providers at the Airport, or the citizens of the City of Sebastian.
3.5 Application Approval
Applications which have been approved by the City allow the applicant to enter into a Lease
Agreement with the City. A copy of the City's Draft Lease Agreement is available on-line or
upon request.
3.6 Right to Resubmit
Applications which have been rejected by the City may be resubmitted based on additional
information and will be reconsidered on that basis.
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SECTION 4
INSURANCE REQUIREMENTS
4.1 Insurance Requirements
General Provisions
Every service provider shall procure and maintain continuously in effect for the duration of its
activities upon the Airport, at service provider's sole expense, insurance of the types and in at
least such minimum amounts as indicated below or otherwise determined by the City. Such
insurance shall be placed with a company, or companies, authorized to do business in the state of
Florida and satisfactory to the City:
a. Bodily Injury and Property Damage - $1,000,000 Combined Single Limits
b. Products and Completed Operations Liability (if applicable) - $1,000,000 Combined
Single Limit.
c. Aircraft Liability (if applicable) - $1,000,000 Bodily Injury and Property Damage
Combined Single Limit.
d. Insurance in the full replacement value of all Personal Property, Equipment, and Trade
Fixtures on the Leased Premises.
e. Ground and Hangar Keeper's Liability (if applicable) -adequate coverage for any
single aircraft in storage or care and a limit covering the total value of those aircraft but
not less than $100,000 for damage to any one (1) aircraft and $500,000 per each
occurrence.
f. Chemical Liability Insurance (if applicable) -minimum of $400,000 Combined Single
Limit.
g. For aircraft owners involved in Self Fueling Operations - a Comprehensive Aircraft
Liability policy indicating that the coverage includes owner's fueling/defueling
operations with fueling equipment owned and/or operated by the aircraft owner. The
minimum shall be $1,000,000 Combined Single Limit for Bodily Injury and Property
Damage.
h. Automobile Liability Insurance
i.) Each service provider operating one or more motor vehicles on the City's premises
in the performance of their work shall purchase and maintain Automobile Liability
Insurance with policy limits of not less than $300,000 Combined Single Limit.
11.) Service Providers having unescorted access to the AOA at the Sebastian Municipal
Airport shall purchase and maintain Automobile Liability Insurance with policy
limits of not less than $1,000,000 Combined Single Limit.
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i. Builder's Risk -during any construction on a leased site, the service provider shall
furnish Builder's Risk Insurance insuring the contract price, with the City listed as the
named insured. Any deductibles under the builder's risk policy shall be the
responsibility of the service provider.
j . Workers' Compensation Insurance: as required by Florida Statutes.
All required insurance shall include the City of Sebastian (including, without limitation,
members of the City Council Board, officers, agents, and employees) as an additional insured.
The service provider's insurance shall not be subject to cancellation or material alteration until at
least thirty (30) days' prior written notice has been provided to the City. Service providers shall
provide the City with annual Certificates of Insurance evidencing that all of the established
requirements have been met. The City may vary the types and minimum amounts of insurance
coverage required based upon the precise nature of the aeronautical activities to be conducted by
the Service Provider.
The amount or amounts of all required policies shall not be deemed a limitation of the Service
Provider's agreement to indemnify and hold harmless the City of Sebastian, and in the event the
Service Provider or the Authority shall become liable in an amount in excess of the actual
coverage provided, then the Service Provider shall save the City harmless from the whole
thereof, except in the event of negligence by the City, and then only to the extent of that
neg igence.
SECTION 5
OTHER REQUIREMENTS
5.1 Airport Security
All Tenants shall be required to conform to the applicable requirements and procedures of any
adopted security plans or procedures for Sebastian Municipal Airport. The City reserves the right
to impose additional security measures based on threat vulnerability estimates at any time.
5.2 Operating Agreement
No applicant may provide an Aeronautical Service at the Airport until entering into a written
Lease Agreement with the City. The Agreement shall be in a form acceptable to the City, shall
specify which types of Aeronautical Services the Operator is authorized to provide, and shall
contain, without limitation, provisions for fees payable to the City, insurance, indemnification,
and a security depositor other form of contract security as required in these Standards.
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5.3 Subcontracting
General Provisions
a. A Fixed Base Operator shall not subcontract any fueling services without the prior
written approval of the City, which may be withheld at the City's discretion. An FBO
may subcontract other Aeronautical Services to any other Specialized Aeronautical
Service Operator (SASO). In determining whether to grant or deny such approval, the
Airport Director may consider such factors as he deems to be pertinent and may impose
such conditions, as he shall deem to be pertinent.
b. Notwithstanding the approval by the City, all subcontractors to a Fixed Base Operator
must comply with all provisions of these standards and the FBO shall remain fully
responsible to the City for ensuring that any subcontracted Aeronautical Services are
performed in accordance with all of the provisions of these Standards.
c. Specialized Aeronautical Service Operators may not subcontract any of the services they
are authorized to provide.
5.4 Construction and Site Development Standards
Any proposed construction or development of facilities by the Operator will be subject to the
development regulations set out in the city of Sebastian's Development Guidelines and
Standards for Airport Leaseholds. The purpose of the Development Guidelines and Standards
for Airport Leaseholds is to establish reasonable criteria to guide the development and
improvement of leaseholds on airports under the jurisdiction of the City.
All improvements constructed on the Airport, other than trade fixtures, shall become a part of the
land and belong to the City upon expiration, termination, or cancellation of the lease agreement
between the Operator and City covering such improvements. If the Operator chooses to develop
a site which is not currently served by taxiways, roadways, and/or utility services, the Operator
may be responsible for extending such services and pavement surfaces to its site at Operator's
sole expense, unless otherwise negotiated with the City. All such utility services and pavement
areas shall be constructed in full compliance with City and FAA standards, as well as the
applicable codes of other agencies having jurisdiction over the development of the Airport.
5.5 General Lease Clauses
The Lease Agreement with the City may include some or each of the following provisions, as
applicable, as required by federal, state, and local governments:
a. Fair and Nondiscriminatory Provisions
b. Affirmative Action Assurances
c. Civil Rights Assurances
d. Minority and Disadvantaged Business Enterprise Assurances
e. Non-Exclusive Rights Provision
f. Lease Subordination to Other Government Agencies Clause
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g. Indemnity and Hold Harmless Clause
h. Provisions reserving the City's right to develop and maintain the Airport
i. Other mandated provisions, as well as standard Airport lease clauses
The most current form or amendment of e
ach of the above lease provisions shall be obtained from the federal, state, and local governments
and shall be included in each Lease Agreement at the time of execution. The Lease Agreement
shall also contain all of the following items, among others:
a. Term of the agreement.
b. A reasonable rental rate and/or Airport use fee to be paid to the City. This rate shall take
into consideration any proposed capital improvements of the Operator and the use by the
Operator of existing Airport facilities.
c. Provision for a security deposit, performance bond, and construction performance and
payment bonds, if appropriate.
d. A provision requiring the Operator to provide Certificates of Insurance to the City for
coverage specified by the City.
e. A provision that any assignment or sublease must receive prior written approval of the
city.
Current forms of the City's draft Lease Agreement for Aeronautical and Non-Aeronautical Uses
are available on-line or upon request.
5.6 Severability Clause
If one or more clause, section, or provision of these General Provisions shall be held to be
unlawful, invalid, or unenforceable by final judgment of any court of competent jurisdiction, the
invalidity of such clause, section, or provision shall not in any way affect any other clause,
section, or provision of these General Provisions.
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Appendix A
Application for
AIRPORT LAND LEASE
Sebastian Municipal Airport
This application is required by the City to formally request consideration for leasing land at Sebastian
Municipal Airport. Complete all sections of the application (indicate "n/a" for sections not applicable to
your application). Use separate sheets for supporting documentation, explanations, letters of support or
recommendation or if additional room is necessary. Payment of the non-refundable application fee
($500.00) must be attached in order to proceed with staff review.
Date:
Section 1. Applicant Information
Name
Title:
CompanylDBA:
Legal Entity: ^
Mailing Address:
Phone:
E-Mail
Corporation/LLC State of Incorporation: Year Est:
Partnership/LLP Year Est:
Sole Proprietor Year Est:
Other: (please specify)
* Corporations/EEC's must be registered in Florida to execute lease
Fax:
Section 2. Proposed Use
Application Type: ^ Aeronautical Use (Unimproved Land Lease Only)
^ Non-Aeronautical Use (Unimproved Land Lease Only)
^ Aeronautical Use (Property/Land Lease)
^ Non-Aeronautical Use (Property/Land Lease)
Please describe in detail the proposed business use of property:
Section 3. Previous History/Experience
Check all that apply. Provide explanations as necessary on separate sheet.
Does your proposal involve relocation/expansion of an existing business? ^ No ^ Yes (describe)
Do you have a business plan prepared for the proposed enterprise? ^ No ^ Yes
If yes, are you willing to allow staff to review the business plan? ^ No ^ Yes
Have you or any interested parties (i.e. corporate officers, partners) in this application ever declared
bankruptcy? ^ No ^ Yes (explain)
Have you or any interested parties (i.e. corporate officers, partners) in this application ever had a civil
action or judgement entered against you/them to recover a claim? ^ No ^ Yes (explain)
Have you or any interested parties (i.e. corporate officers, partners) in this application ever been convicted
of a felony? ^ No ^ Yes (explain)
For proposals involving aeronautical uses, have you or any interested parties (i.e. corporate officers,
partners) in this application ever been the subject of an FAA legal action? ^ No ^ Yes (explain)
For proposals involving aeronautical uses, have you or any interested parties (i.e. corporate officers,
partners) in this application ever filed a Part 16 action against an Airport? ^ No ^ Yes (explain)
Have you or any interested parties (i.e. corporate officers, partners) in this application ever been evicted
from leased property for cause? ^ No ^ Yes (explain)
Section 4. Credit References
a. Applicant Credit Information:
SSN:
Date of Birth:
Home Address:
b. Business Credit Information
FEIN:
Bank:
Duns:
Account Number:
Previous Landlord:
Phone
Do you authorize the City to obtain consumer and business credit information related to this application?
^ Yes ^ No (explain)
Section 5. Personal References
Reference No. 1
Name
Mailing Address:
Phone: Fax:
E-Mail
Relationship:
Reference No. 2
Name
Mailing Address:
Phone: Fax:
E-Mail
Relationship:
Reference No. 3
Name
Mailing Address:
Phone: Fax:
E-Mail
Relationship:
I certify that I am authorized to sign this application on behalf of the Company and the individuals
represented on this application. I certify to the best of my knowledge that the information provided on
this application is true and factual. I understand that providing false information is grounds for rejection
of the lease application, termination of a lease agreement, and retention of funds tendered to the City as
liquidated damages.
Applicant's Signature
Date
Sebastian Municipal Airport
Appendix B
Recommended Business Plan Criteria
L SUMMARY DESCRIPTION OF THE BUSINESS
IL PRODUCTS OR SERVICES
- Describe products or services planned to be provided.
III. LEGAL STRUCTURE
- Describe legal structure of company
- List owners and/or corporate officers (5% or more equity)
IV. MANAGEMENT
- List supervisory people who will be running the business.
- Describe their responsibilities and abilities.
V. PERSONNEL
- How many employees will be employed?
VI. HOURS OF OPERATION
- What are the proposed hour/days of operation?
VII. EQUIPMENT
- How many aircraft will be provided (aeronautical services only)?
VIII. INSURANCE
- What types of insurance will be carried?
- What limits will be covered? (no less than required minimums)
IX. THREE-YEAR ACTIVITY PROJECTION
- Pro Forma statement showing activity projections for the next three years.
X. SUPPORTING DOCUMENTS
General Provisions
A. Personal Resumes -resumes of owners and management including work history, educational
background, professional affiliations, and special skills relating to company position.
B. Owners' Financial Statements -statements of business and/or personal assets and liabilities.
C. Credit Reports -business and personal from suppliers or wholesalers, credit bureaus, and banks.
D. Letters of Reference -letters and other evidence presenting business and individuals as reputable,
reliable, and worthy of being considered a good risk.
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Rules and Regulations
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Adopted: April 11, 2007
Sebastian Municipal Airport
TABLE OF CONTENTS
SECTION 1-GENERAL
Airport Rules and Regulations
1.1 Definitions .................................................................................................................... 1
1.2 Applicability of Rules and Regulations ....................................................................... l
1.3 Compliance .................................................................................................................. l
1.4 Other Laws ................................................................................................................... l
1.5 Enforcement ................................................................................................................. l
1.6 Fines and Penalties ....................................................................................................... l
1.7 Appeal of Penalties ...................................................................................................... 2
1.8 Severability .................................................................................................................. 2
1.9 Repeal of Rules and Regulations ................................................................................. 2
SECTION 2 -AIRPORT SECURITY PROGRAM
2.1 Entry to AOA or Other Restricted Areas ..................................................................... 3
2.2 Security Devices and Directives .................................................................................. 3
2.3 Intentional Security Violation ...................................................................................... 3
2.4 Security Violation Fines and Penalties ........................................................................ 3
2.5 Tenant Responsibilities ................................................................................................ 3
2.6 Badge Program ............................................................................................................. 4
2.7 Vehicles ........................................................................................................................4
SECTION 3 -PERSONAL CONDUCT
3.1 Preservation of Property .............................................................................................. 5
3.2 Sanitation ..................................................................................................................... 5
3.3 Alcoholic Beverages and Drugs; Disorderly Conduct ................................................. 6
3.4 Lost Articles ................................................................................................................. 6
3.5 Animals ........................................................................................................................ 6
3.6 Interfering or Tampering with Aircraft ........................................................................ 7
3.7 Use of Tenant Facilities, Roads, and Walks ................................................................ 7
3.8 Loitering and Refusal to Comply ................................................................................. 7
3.9 Smoking ....................................................................................................................... 7
3.10 No Commercial Activities Without Permission .......................................................... 7
3.11 No Solicitation or Advertising ..................................................................................... 7
3.12 No Commercial Photography ...................................................................................... 8
SECTION 4 -SAFETY HAZARDS
4.1 Cleaning Fluids ............................................................................................................ 8
4.2 Open Flame Operations ............................................................................................... 8
4.3 Storage of Material ...................................................................................................... 8
4.4 Disposal of Petroleum Products and Industrial Waste ................................................. 9
4.5 Response to Spillage .................................................................................................... 9
4.6 Aircraft Fuel Sumping ................................................................................................. 9
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4.7 Doping, Paint Stripping, and Spray Painting ............................................................... 9
4.8 Operating Motor Vehicles in Hangars ....................................................................... 10
4.9 Repairing of Aircraft .................................................................................................. 10
4.10 Operating Aircraft Engines in Hangars ...................................................................... 10
4.11 Electrical Equipment and Lighting Systems .............................................................. 10
4.12 Fueling and Defueling ................................................................................................ 10
4.13 Self Fueling Operations ............................................................................................. 12
4.14 Fire Extinguishing Equipment Instruction ................................................................. 12
4.15 Heating System in Hangars ........................................................................................ 12
4.16 Hazardous Materials .................................................................................................. 13
4.17 Airborne Radar Testing .............................................................................................. 13
4.18 Aircraft washing ......................................................................................................... 13
SECTION 5 -ADDITIONAL OBLIGATIONS OF TENANTS
5.1 Use of Premises .......................................................................................................... 13
5.2 Protection of Leased Areas ........................................................................................ 14
5.3 Notice of Cancellation of Insurance .......................................................................... 14
5.4 Lapse in Insurance Coverage ..................................................................................... 14
5.5 Environmental Laws .................................................................................................. 14
5.6 Environmental Indemnification ................................................................................. 14
5.7 Leasehold Cleanliness ................................................................................................ 15
5.8 Hazardous Materials and Sanitation .......................................................................... 15
5.9 Storage of Equipment ................................................................................................ 15
5.10 Abandonment ............................................................................................................. 15
5.11 Right of Entry ............................................................................................................ 15
5.12 Compliance with FAA/TSA Security Directives ....................................................... 15
SECTION 6 -COMMERCIAL GROUND TRANSPORTATION
6.1 Commercial Vehicles .................................................................................................16
6.2 Buses ........................................................................................................................16
SECTION 7 -VEHICULAR TRAFFIC
7.1 Governing Law .......................................................................................................... 16
7.2 Traffic Control Devices ............................................................................................. 16
7.3 Parking for Motor Vehicles ....................................................................................... 16
7.4 Removal of Vehicles .................................................................................................. 17
7.5 Abandoned Vehicles .................................................................................................. 17
7.6 Accident Reports ........................................................................................................ 17
SECTION 8 -VEHICULAR TRAFFIC ON AIR OPERATIONS AREA
8.1 Governing Law ..........................................................................................................18
8.2 Authority to Operate on the Air Operations Area ......................................................18
8.3 Yielding to Aircraft ....................................................................................................19
8.4 Crossing Runways and Taxiways ..............................................................................19
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8.5 Designated Vehicle Routes ........................................................................................19
8.6 Vehicle Equipment and Safety Requirements ...........................................................19
8.7 Lights on Motor Vehicles .......................................................................................... 20
8.8 Repair and Fueling of Motor Vehicles on AOA ........................................................ 20
SECTION 9 -LIMITATIONS ON THE SIZE OF AIRCRAFT WHICH MAY OPERATE
AT THE AIRPORT
9.1 Declared Distances .....................................................................................................20
9.2 Runway Separation Standards ................................................................................... 21
9.3 Determination of Compliant Aircraft ......................................................................... 21
9.4 Non-Compliant Aircraft Operations .......................................................................... 21
9.5 Waivers for Non-Compliant Aircraft ......................................................................... 21
9.6 Air Shows: Extraordinary Temporary Waivers ......................................................... 22
SECTION 10 -AIR TRAFFIC
10.1 Governing Law .......................................................................................................... 22
10.2 Denial of Departure .................................................................................................... 23
10.3 Aircraft Accidents ...................................................................................................... 23
10.4 Take-off, Landing, and Traffic Pattern Use ............................................................... 23
10.5 Taxiing Rules ............................................................................................................. 24
10.6 Registration at Airport ............................................................................................... 24
10.7 Radio Ground Control ................................................................................................ 24
10.8 Starting and Running Aircraft Engines ...................................................................... 24
10.9 Aircraft Lights ............................................................................................................ 25
10.10 Non-operating Aircraft ............................................................................................... 25
10.11 Removal of Liened Aircraft ....................................................................................... 26
10.12 Interference with Aircraft Operations ........................................................................ 26
10.13 Prohibited Air Operations .......................................................................................... 26
10.14 Flying Clubs ............................................................................................................... 26
10.15 Flight Schools; Security ............................................................................................. 27
SECTION 11-NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION
11.1 Governing Law .......................................................................................................... 28
11.2 Application .................................................................................................................28
11.3 Notification ................................................................................................................29
APPENDIX A FAA Form 7460-1-Notice of Proposed Construction or Alteration
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SECTION 1
GENERAL
1.1 Definitions
Airport Rules and Regulations
All words, terms and phrases when used herein shall have the meanings as described in the
Definitions for Use regarding Sebastian Municipal Airport. Words, terms, and phrases which
relate to aeronautical practices, processes and equipment, not defined therein, shall be construed
according to the definitions in Title 14 of the Code of Federal Regulations, Florida Statutes
Chapter 332 or, if not defined therein, according to their general usage in the aviation industry.
1.2 Applicability of Rules and Regulations
All Persons on the Airport shall comply with and be governed by these Rules and Regulations.
1.3 Compliance
a. The use of and entry upon the Airport shall create an obligation on the part of the user to
comply with these Rules and Regulations. Any permission granted by the City Council or the
Airport Director to a Person, directly or indirectly, expressly or by implication, to enter upon
or use the Airport, is conditioned upon compliance with these Rules and Regulations and the
payment of any fees or charges to the City for the use of the Airport or any facility located
thereon.
b. It shall be unlawful for any Person to do or commit any act forbidden herein or to fail to
perform any act required by these Rules and Regulations or to fail to pay any administrative
fees or fines established by these Rules and Regulations.
1.4 Other Laws
All applicable provisions of the Code of Federal Regulations, Florida State Statutes, laws of
Indian River County, and the City Code, now in existence or hereafter enacted, shall be in effect
at the Airport. All applicable provisions of pertinent regulations promulgated by the City
affecting the operation of the Airport not in conflict with these Rules and Regulations, now in
existence or hereafter enacted, shall be in effect at the Airport.
1.5 Enforcement
These Rules and Regulations, as well as all applicable State Statutes and City Ordinances, shall
be enforced at the Airport by the Sebastian Police Department, the Airport Director, and other
law enforcement officers whose jurisdiction lies herein.
1.6 Fines and Penalties
Violators of these Rules and Regulations shall subject such Person and/or Tenant to penalties for
damages equal to the following:
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a. First Offense -verbal warning, written warning (by certified mail) or referral to the
appropriate law enforcement agency.
b. Subsequent offenses - up to $250.00 per offense per day until such violation is remedied, if
same offense has twice been previously documented within the past twelve (12) months.
Repeated violations may result in permanent disbarment from the Airport.
Violations of these Rules and Regulations shall constitute asecond-degree misdemeanor.
Violators shall be subject to all civil penalties as may be provided herein. The provisions set
forth in this section are additional and supplemental penalties. Nothing in this section shall
prevent the City from enforcing these Rules and Regulations by any other means allowed by the
law.
In addition to any misdemeanor penalties set forth in the prior paragraph, the Airport Director
may remove or eject any Person from the Airport who knowingly and willfully violates any of
these rules and/or any Operational Directive, and may deny use of the Airport to such Person
(including, but not limited to requesting that the City Council terminate any lease for facilities at
the Airport) if the Airport Director determines that such denial is necessary under the
circumstances. The Airport Director may take such other measures as may be permitted by law
to enforce these Rules and Regulations and maintain the City's control, and the safe operation, of
the Airport, including but not limited to issuing warning letters and publishing the names of
Persons who have been issued such warning letters. Any Person aggrieved by a decision of the
Airport Director removing or ejecting such Person from the Airport or denying the use of the
Airport to such Person pursuant to this Section may appeal such decision to the City Council. If
the Airport Director determines that such violation(s) presents a threat to the public's health,
safety, or welfare, such right of access shall be suspended pending completion of such appeal.
Violators may also be charged an amount equal to any civil fine imposed by any agency upon the
city, as a result of a violation committed by the Tenant responsible for such fines and/or
penalties. Additionally, offenders may be subject to a charge of $1,000.00 per occurrence -not
as a penalty, but as liquidated damages for administrative costs incurred by the City as a result of
the violation.
1.7 Appeal of Penalties
Any Person wishing to appeal any violation of these Rules and Regulations (including Security
Violations as outlined in Section 2) shall have the opportunity to present their case to the City
Council, which will be the final governing body and which will make an ultimate decision to
enforce, forgive, reduce, and/or eliminate the penalty.
1.8 Severability
If any provision of these Rules and Regulations or the application thereof to any Person or
circumstance is held invalid, the remainder of these Rules and Regulations shall not be affected.
1.9 Repeal of Rules and Regulations
All Airport Rules and Regulations previously enacted are hereby repealed.
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Sebastian Municipal Airport
SECTION 2
AIRPORT SECURITY PROGRAM
2.1 Entry to AOA or Other Restricted Areas
Airport Rules and Regulations
No Person shall enter the AOA, SIDA (if any), or other Restricted Area of the Airport except
Persons who enter in accordance with this Security Program outlined herein unless otherwise
authorized, in writing, by the Airport Director. Any Person who knowingly breaches, disobeys
or disregards the provisions of the Airport Security Program, directive or plan at the Airport shall
be in violation of the Airport Security Program and subject to fines and penalties.
2.2 Security Devices and Directives
No Person shall in any way tamper or interfere with a lock or closing mechanism of any door or
gate leading to the AOA, SIDA or other Restricted Area, nor shall any Person otherwise
knowingly breach, disobey or disregard any Security Program, directive or plan at the Airport.
2.3 Intentional Security Violation
Any Person who knowingly or intentionally enters or allows another Person to enter any
Restricted Area without proper authorization by any use of any key, gate card, identification
badge, vehicle permit, or other such instrument shall immediately -and may permanently- be
denied access to the Airport and shall, in addition other penalties outlined in these Rules and
Regulations, be required to immediately relinquish such instrument to the City. There is a Zero
Tolerance policy for intentional security violations.
2.4 Security Violation Fines and Penalties
In addition to other remedies, fines and/or penalties listed in Section 1.6, violation of this
Security Program shall subject such Person or Tenant to penalties equal to the following:
a. First Offense -verbal warning, written warning (by certified mail) or referral to the
appropriate law enforcement agency.
b. Subsequent offenses - up to $1,000.00 per offense per day until such violation is remedied, if
same offense has twice been previously documented within the past twelve (12) months.
Repeated security violations may result in permanent disbarment from the Airport.
In addition to the above-listed fines, violators may also be charged an amount equal to any civil
fine imposed by any agency upon the City, as a result of a violation committed by the Person
responsible for such fines and/or penalties. Additionally, violators may be subject to a charge of
$1,000.00 per occurrence -not as a penalty, but as liquidated damages for administrative costs
incurred by the City as a result of the violation.
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2.5 Tenant Responsibilities
In addition to the Additional Obligations of Tenants, contained in Section 5 of these Rules and
Regulations, each Tenant shall comply with the following:
a. Each Tenant shall be responsible for making these Rules and Regulations available to its
customers, guests, and/or invitees by maintaining a copy of these rules on the premises.
b. Each Tenant shall be reasonably responsible for controlling access through their leased
premises to the AOA, SIDA, or any other Restricted Area by taking practical measures to
restrict such access by unauthorized vehicles and persons.
c. Each Tenant shall submit a current copy of their normal business hours to the Airport
Director's Office. During these normal business hours, each Tenant or business shall provide
an Escort for visitors or guests who require access to the AOA or SIDA unless such visitor or
guest has authorized access to such areas pursuant to Section 2.6 of these Rules.
e. If and/or when such action is mandated by either the TSA or the City Council, each
Tenant located on the Airport and each business licensed to do business at the Airport that
requires access to the AOA, SIDA, or any Restricted Area for conduct of its business:
i. Shall conduct, or cause to be conducted, a Security Background Check on each of its
current employees with the access to the AOA, SIDA, aircraft parking areas, or other
Restricted Area and
11. Shall submit to the Airport Director a list of all such employees and the results of the
employees' criminal records check if required by the Security Background Check
f. Each Person over the age of sixteen (16) on airport property is required to carry at least one
government issued identification card (valid driver's license, military or state issued
identification card, or passport, etc).
In the event of a Security Violation, Tenants who are found not compliant with this Section shall
take reasonable measures to become compliant or shall be subject to the penalties outlined in
Section 2.4 in addition to each individual violator.
2.6 Badge Program
All Persons requiring access to or physically within the AOA, SIDA, or other Restricted Areas
must display his/her Identification Badge in these areas of the Airport. Repeated (i.e., habitual)
failure to do so shall constitute a violation of the Airport Security Program by the Person so
violating and possibly, if such Person gained access through a Tenant's property, by the Tenant.
This does not apply to pilots or passengers inside of an aircraft.
2.7 Vehicles
In addition to the requirements contained in Section 7, Land Traffic, and Section 8, Vehicular
Traffic on Air Operations Area, the operator of each vehicle requiring access to any areas (other
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than to specific T-hangars) where aircraft are parked, the AOA, or the SIDA, shall be required to
obtain a vehicle access permit from the Airport Director. Unless the vehicle is at all times
operated under the Escort of a Tenant, each vehicle owner shall be required to provide the
following information to obtain the vehicle access permit.
a. A current copy of the vehicle insurance policy. Vehicles requiring access to the AOA shall
maintain liability limits as required by the City of Sebastian.
b. Provide a letter from their sponsoring Tenant or Flying Club documenting the need for
ve lc e access.
c. Sign a statement acknowledging an understanding of these Rules and Regulations and the
operator's agreement to comply with these Rules and Regulations.
SECTION 3
PERSONAL CONDUCT
3.1 Preservation of Property
a. No Person shall:
i. destroy, injure, or deface any building, sign, equipment, fixture, marker or other structure
or property on the Airport; or
11. destroy, injure, or deface the trees, flowers, shrubs, or other vegetation on the Airport or
111. drive or park on any landscaped or lawn area of the Airport; or
iv. fish, swim or dive in the lakes, canals or bodies of water at the Airport; or
v. operate an aircraft in a manner that causes undue hazards to Persons or property on the
Airport.
b. Any Person who causes or is responsible for damage to Airport property may, in addition to
the penalties set forth in Section 1.6 and 2.4, be held liable for the full amount of such
damage.
c. Any Person who trespasses on the Airport or on Tenant Premises without permission shall be
in violation of these Rules and may, in addition to the penalties set forth in Section 1.6 and
2.4, be held liable for the full amount of damage caused thereby.
3.2 Sanitation
No Person shall:
a. dump or dispose of garbage, papers, refuse, or other trash anywhere on the Airport except in
receptacles provided for such purpose; or
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Airport Rules and Regulations
b. dump or dispose of any fill, building material or other waste material on the Airport or in any
canal or drainage ditch serving the Airport, except in such areas that are specifically
designated by the Airport Director for such purpose; or
c. use a restroom, toilet or lavatory facility other than in a clean and sanitary manner and in the
manner for which the facilities are intended to be used; or
d. dispose of material in a manner in violation of applicable City, state or federal rules,
regulations or statues governing the disposal of such material.
3.3 Alcoholic Beverages and Drugs; Disorderly Conduct.
a. No Person under the influence of alcohol or drugs shall operate any vehicle or aircraft of any
type on the Airport.
b. The consumption of alcoholic beverages on Airport property outside Tenant premises is
strictly prohibited unless temporary permission is granted by the City Council for on-
premises liquor consumption.
c. No Person shall be or become intoxicated or drunk, commit any disorderly, obscene or
indecent act or commit any nuisance, nor shall any Person enter any non-leased, airport
owned property with out wearing a shirt and shoes.
3.4 Lost Articles
Any Person finding lost articles at the Airport should immediately deposit them with a
representative of the Airport Director or the Sebastian Police Department. Articles unclaimed by
their proper owner within three months shall upon request be turned over to the finder or be
otherwise lawfully disposed of in accordance with applicable Florida Statues or City Code.
Nothing in this paragraph shall be construed to deny the right of a Tenant to maintain "lost and
found" services for their passengers and customers, for which the Tenant shall be fully
response e.
3.5 Animals
a. No Person shall enter any grounds leased by a Tenant with a domestic animal, unless the
animal is restrained by a leash and/or under control.
b. No Person shall enter any grounds not leased by a Tenant with a domestic animal, unless the
animal is restrained by a leash and under control.
c. No Person shall permit any wild animal under his custody or control to enter the Airport,
except for animals that are to be transported for such air travel, whereby such animals must
be enclosed in an escape-proof container.
d. All animals, domestic or wild, shall be properly confined in a Terminal by a leash, or in a
cage, crate or other device. Exempt from this requirement are seeing-eye dogs, guard and
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Airport Rules and Regulations
search dogs under the control of authorized handlers and approved by the Airport Director, or
service dogs trained to assist the physically disabled.
e. No Person other than in conduct of an official act shall hunt, pursue, trap, capture, injure or
kill any animal on the Airport without prior written authorization from the City of Sebastian.
f. No Person shall ride horseback on the airport without prior authorization of the Airport
Director.
g. All Persons shall use utmost care to prevent any animal under their care or control from
urinating, defecating, vomiting upon or otherwise soiling the sidewalks of the Airport or a
Terminal or other public building. If an animal under any Person's care or control does so,
the owner or handler shall clean the soiled area.
h. No Person shall feed or do any other act to encourage the congregation of birds or other
animals on the Airport or the congregation of birds in aircraft traffic patterns.
3.6 Interfering or Tampering with Aircraft
No Person shall interfere or tamper with any aircraft or put in motion the engine of such aircraft,
or use any aircraft, aircraft parts, instruments, or tools without permission of the aircraft owner or
by specific direction of the Airport Director.
3.7 Use of Tenant Facilities, Roads, and Walks
No Person shall travel on the Airport other than on roadways, walkways, or other places
provided for the particular class of traffic, or shall occupy the roadways, walkways, or Tenant
facilities in such a manner as to hinder or obstruct their proper use.
3.8 Loitering and Refusal to Comply
No Person shall loiter or loaf on the Airport or in any building on the Airport; nor shall any
Person come upon or use the Airport after such Person has been denied the use of the Airport by
the Airport Director. Any Person who refuses to comply after the proper request to do so by the
Airport Director, his designee, or authorized law enforcement personnel, shall be requested to
leave the Airport. The failure to comply with a proper request shall be regarded as a trespasser.
3.9 Smoking
No Person shall smoke in any buildings on the Airport except in designated smoking areas
designated by the Airport Director or within the premises of a Tenant, as designated by that
Tenant. No Person shall smoke on the Apron or in any hangar.
3.10 No Commercial Activities Without Permission
No Person shall conduct any business at the Airport without first having obtained a written
contract, lease, business occupational license, or agreement from the City of Sebastian.
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3.11 No Solicitation or Advertising
No Person may solicit at the Airport. No Person may post, distribute or display signs,
advertisements (including but not limited to political advertisements) or any other printed or
written matter except for Tenants in the course of their ordinary business practices. All signs
erected after these Rules and Regulations are published must be in compliance with the
Development Guidelines and Standards for Leaseholds at Sebastian Municipal Airport.
3.12 No Commercial Photography
No Person may take still, motion, or sound pictures for commercial purposes on the Airport
without written permission from the Airport Director, except for
- photographs by members of the working press for news purposes or,
- photographs of a Tenant's premises authorized by the Tenant or,
- such photography that is part of a Tenant's products or services offered to its customers.
A Tenant may deny access to its premises for the purposes of photography of any sort, unless
such photographs are intended as evidence of a violation of these Rules and Regulations.
SECTION 4
SAFETY HAZARDS
4.1 Cleaning Fluids
No Person shall use flammable liquids in the cleaning of an aircraft or any part of an aircraft
unless such cleaning operations are conducted in open air or in a properly fireproofed room or
building designated for such purpose in accordance with NFPA standards and applicable
provisions of the City and County Codes. No Person shall use flammable substances for cleaning
in hangars or in any other building on the Airport.
4.2 Open Flame Operations
No Person shall conduct any open-flame operations (exposed flame heaters using kerosene,
gasoline, propane, charcoal or gas grills, etc.) on Airport grounds unless specifically approved by
the Airport Director. Any such activities, if authorized, shall be conducted in accordance with
NFPA standards, the Airport Director's authorization and applicable provisions of the City,
County, or other applicable Codes. The City Council may grant limited-time exceptions to this
provision for social events if they are satisfied that adequate safeguards will be maintained. For
the purpose of these Rule and Regulations, welding shall not be considered an Open Flame
Operation, unless such activity is being performed by a Tenant who is not authorized to conduct
maintenance activities.
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Sebastian Municipal Airport
4.3 Storage of Material
Airport Rules and Regulations
a. No Person shall keep or store material or equipment in such a manner as to constitute a fire
hazard or be in violation of applicable provisions of the City or County Codes, Operational
Directives of the Airport Director, or NFPA standards.
b. No Person shall keep or store any flammable liquids, gases, explosives, signal flares or other
hazardous materials on the Airport, except in proper receptacles or in areas specifically
approved for such storage in compliance with NFPA standards and applicable provisions of
the City or County Code, state and federal law, and with the approval of the Airport Director.
c. No Person shall keep or store lubricating oils on the Airport, except in containers and
receptacles designed for such purpose and in structures or areas specifically approved for
such storage in compliance with NFPA standards and applicable provisions of the City and
County Codes, and with the approval of the Airport Director.
4.4 Disposal of Petroleum Products and Industrial Waste
No petroleum products or other industrial waste shall be dumped or permitted to drain onto
paved or unpaved surface areas of the Airport or into drainage ditches, canals, rivers, ponding
areas or into sewer systems or storm drains. All petroleum products and other industrial wastes
shall be discharged only into approved industrial waste collection and treatment systems or
disposed of in an alternate manner approved by the Airport Director and the responsible City,
County, or State agency for regulating such disposal. In the event of the default of the
responsible Person to clean such spillage area, the Airport Director shall provide the necessary
cleaning and charge such Person for the expense.
4.5 Response to Spillage
Any Person, including Owners, operators, and into-plane fuelers, causing overflow or spillage of
excess oil, grease, fuel, hazardous material, or any similar material anywhere on the Airport,
shall be responsible for the immediate clean up of such spillage in compliance with applicable
city, County, State, or Federal rules, regulations, or laws. In the event of the default of the
responsible Person to clean such spillage area, the Airport Director shall provide the necessary
cleaning and charge the responsible Person for the expense.
4.6 Aircraft Fuel Sumping
Any Person, including an aircraft owner, operator, and into-plane fueler sampling fuel from an
aircraft fuel tank shall use a special device that permits replacing the Bumped fuel directly into
the aircraft fuel tank while preventing contaminants and water from being reintroduced into the
fuel system or shall discard the sample into a waste fuel tank used to dispose of Bumped or
contaminated fuel. At no time shall any fuel be released onto the apron pavement or other
surface of the airport. Violators may be subject to fines and penalties up to $50,000 by the
Florida Department of Environment Protection for each violation.
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Sebastian Municipal Airport Airport Rules and Regulations
4.7 Doping, Paint Stripping, and Spray Painting
a. No Person shall perform doping processes, spray painting, or paint stripping except in areas
or facilities specifically approved for such purposes under NFPA standards and applicable
provisions of federal and state law and City Code and Ordinances.
b. No Person shall enter or work in a "dope" room while doping is in process, or in a spray
painting room or area while spray painting is being conducted, unless such Person is properly
clothed in accordance with NFPA standards and applicable provisions of City and County
Codes.
4.8 Operating Motor Vehicles in Hangars
No Person, except in an emergency, shall operate a tractor, tug, or other motor vehicle in any
hangar or other building used as an aircraft maintenance facility when an aircraft is present,
unless the exhaust system of such tractor, tug, or other motor vehicle is protected by screens or
similar devices to prevent the escape of sparks or the propagation of flame, in accordance with
NFPA standards.
4.9 Repairing of Aircraft
No Person shall perform major airframe or powerplant repairs on an aircraft, aircraft engine,
propeller, or other aircraft apparatus in any area of the Airport other than the area or areas
specifically leased for such purpose or designated by the Airport Director. Minor adjustments or
repairs may be made while the aircraft is at a parking position or stand on the Apron being
prepared for departure in a manner consistent with the Federal Aviation Regulations.
4.10 Operating Aircraft Engines in Hangars
No Person shall start or operate an aircraft engine inside any hangar, other than the rotating of
engines without fuel or ignition.
4.11 Electrical Equipment and Lighting Systems
a. Explosion-proof or vapor-proof electrical equipment shall be used as required in areas
defined as hazardous by the NFPA. No portable lamp assembly shall be used in any
maintenance shelter or hangar without a proper protective guard or shield over such lamp
assembly to prevent breakage.
b. All electric power-operated tools and equipment shall be shut off while not in actual use.
c. Electrical lighting systems in hangars, aircraft maintenance facilities, or other areas shall be
designed and constructed as required by NFPA standards.
d. The provisions of subsection (c) of this section shall not apply to facilities in existence at the
time of the adoption of these Rules, unless required by City or County ordinances.
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Sebastian Municipal Airport
4.12 Fueling and Defueling
Airport Rules and Regulations
The following rules shall govern and control the fueling and defueling of aircraft and motor
vehicles at the Airport:
a. No aircraft shall be fueled or defueled unless the aircraft and the fuel dispensing apparatus
shall be both be electrically grounded or bonded and in good working condition as required
by Federal Aviation Regulations and NFPA standards. All hoses, funnels, and appurtenances
used in fueling and defueling operations shall be equipped with a positive grounding device
in good order to prevent ignition of flammable liquids due to static spark.
b. No Person shall use any material or device which may cause a static spark within one
hundred (100) feet of the nearest point of an aircraft during fueling or defueling of the
alrcra t.
c. Motor vehicles shall be fueled on the Airport only from approved locations and dispensing
evlces.
d. No Person shall be permitted in any aircraft during fueling or defueling, unless authorized
flight crew or maintenance personnel are present at or near the cabin door and any necessary
passenger boarding ramp or bridge is in place at the cabin door.
e. The fueling and defueling of aircraft of aircraft shall be conducted at a distance of at least
fifty (50) feet from any hangar or other building unless at a aircraft loading/unloading gate
and fifty (50) feet from any combustion or ventilation air intake to any boiler, heater, or
incinerator room in accordance with NFPA standards. Fueling and defueling of aircraft may
be conducted within a hangar only if the aircraft cannot be moved for maintenance reasons
and only if authorized maintenance personnel are present.
f. No Person shall engage in aircraft fueling and defueling operations without adequate fire
extinguishers within ready reach.
g. As specified by NFPA standards, no Person shall place into operation any electrical
appliance in an aircraft when the aircraft is being fueled or defueled.
h. No Person shall fuel or defuel an aircraft while an operating engine of such aircraft is
running; provided, however, that nothing herein shall prohibit fueling or defueling of an
aircraft during aircraft power unit ("APU") operations, and provided further that in a
situation resulting from an inoperative on-board j et engine mounted at the rear of the aircraft
or on the wing on the side opposite the fueling point may be operated to provide aircraft
power during fueling, provided:
i. The operation follows procedures published by the manufacturer of the aircraft and its
operator to assume safety of the operation
11. Prior approval is obtained from the Airport Director's Office.
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Airport Rules and Regulations
i. when a fuel spill occurs, the Indian River County Fire Department (IRCFD) and the Airport
Director shall be notified immediately and valves and dome covers shall be shut down. If the
engine of the fueling vehicle is running at the time of the fuel spill, the vehicle shall be
removed from the area unless contrary orders are issued by an IRCFD official at the scene.
All procedures required by state or federal regulations or laws for reporting and remediation
of fuel spills shall be followed. In no event shall fueling or defueling operations resume
following fuel spill until all areas upon which fuel has spilled or flowed over have been
thoroughly flushed and the senior fire official at the spill site has issued an order permitting
the resumption of fueling operations.
j . If a fire occurs in or near a fuel delivery device while servicing an aircraft, the IRCFD and
the Airport Director shall be notified immediately, fueling shall be discontinued immediately,
emergency valves and dome covers shall be shut down at once and the fueling vehicles and
equipment shall immediately be removed from the vicinity of the aircraft unless deemed
unsafe. Any Persons onboard the aircraft shall be evacuated and other equipment removed
from the area. If necessary, the aircraft shall be towed to a position at a safe distance from
buildings and other aircraft. Upon his or her arrival, the senior fire officer will be in charge.
k. The fueling of aircraft is prohibited within the AOA, except for emergency conditions under
the standby watch of the IRCFD or during air shows with the approval of the Airport
Director.
1. A daily check for the presence of water or other contaminants in the fuel and storage
dispensing tanks shall be made in accordance with applicable state and federal regulations.
The results of such checks shall be available on request to the Airport Director.
m. Maintenance and testing of aircraft fueling systems shall be conducted under controlled
conditions in compliance with NFPA standards and applicable provisions of the City and
County Codes.
n. All Persons and fueling companies shall refuse to fuel any aircraft when an order has been
issued by the Airport Director prohibiting the fueling of such aircraft or such activity is
otherwise in violation of these Rules and Regulations.
4.13 Self Fueling Operations
A Person desiring to service their aircraft ("self fuel") with gasoline normally used in
automobiles or other fuel, shall obtain a self fueling permit from the Airport Director. Self
fueling shall only be authorized for:
a. Aircraft which display an approved Self fueling permit
b. Self fueling operations in the designated area.
c. Operations that comply with NFPA standards.
Tenants have the right to prohibit Self fueling operations on their premises.
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Sebastian Municipal Airport Airport Rules and Regulations
4.14 Fire Extinguishing Equipment Instruction
Airport employees and employees of Tenants shall be trained and be proficient in the operation
of fire extinguishers to NFPA standards, as applicable by Indian River County Fire Codes.
4.15 Heating System in Hangars
Heating in any hangar shall be by approved systems or devices as listed by the Underwriters
Laboratories, Inc., as suitable for use in aircraft hangars, and shall be installed in the manner
prescribed by applicable provisions of the City and County Codes.
4.16 Hazardous Materials
a. No Person shall store, keep, handle, use, dispense, or transport at, to, or from the Airport a
Class A explosive.
b. No Person shall store, keep, handle, use, dispense, or transport at, to, or from the Airport any
Class P or Class C explosive, Class A poison, or red label materials in a manner other than in
conformity with all applicable regulations.
c. Other than for emergency purposes as defined by Federal Aviation Regulations, no Person
shall carry a compressed air or gas tank aboard a commercial aircraft, unless such tank is
reduced to a pressure slightly above ambient, or is an integral component of the aircraft
system.
4.17 Airborne Radar Testing
No airborne radar equipment shall be operated or ground tested in any area on the Airport where
the directional beam of high intensity radar is within three hundred (300) feet, or the low
intensity beam is within one hundred (100) feet, of a Person, an aircraft fueling operation,
aircraft fueling truck, or aircraft fuel or flammable liquid storage facility, unless an approved
shielding device is provided and used during the radar operation.
4.18 Aircraft Washing.
a. All aircraft washing shall be conducted with biodegradable soap and without the use of
solvents or degreasers, and only at designated areas.
b. In no case shall aircraft washing be conducted within fifty (50) feet of storm water drainage or
dirt/grass areas without containment (berm, tarp, etc.), nor shall wash/waste water be disposed
of in storm water drainage or dirt/grass areas.
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Sebastian Municipal Airport Airport Rules and Regulations
SECTION 5
ADDITIONAL OBLIGATIONS OF TENANTS
5.1 Use of Premises
No Tenant shall use or permit its leased premises or premises within its control to be used or
occupied for any purpose not authorized by its lease or prohibited by these Rules and
Regu ations.
5.2 Protection of Leased Areas
a. All Tenants who control any vehicle or personnel gates, doors or any other means of ingress
and egress to the AOA shall keep the same secured or controlled at all times to prevent the
access of unauthorized persons to the AOA.
b. Tenants shall be responsible for control of guests or visitors within their leased premises.
c. All Tenants are encouraged to report suspicious activity to the Sebastian Police Department.
5.3 Notice of Cancellation of Insurance
With respect to the insurance requirements set forth in the Sebastian Municipal Airport ll~linimum
Standards for Aeronautical Activities and/or the Airport Lease Agreement, the Tenant shall
provide the City a minimum of thirty (30) days written notice by certified or registered mail prior
to cancellation, termination, or change in such insurance. The Tenant shall provide the City's
Finance Department and the Airport Director with copies of the policies or certificates
evidencing that such insurance is in full force and effect and stating the terms of the coverage.
5.4 Lapse in Insurance Coverage
Any Person or Tenant who does not maintain the required minimum level of insurance and
continues to operate on the Airport shall be subject to immediate denial of access to the Airport.
Any Person who knowingly or intentionally delivers fraudulent, counterfeit, or otherwise invalid
proof of insurance to the City shall immediately be denied access to the Airport.
5.5 Environmental Laws
Each Tenant shall comply with federal, state, regional, and local governmental laws, ordinances,
regulations, orders, and rules protecting the environment from the direct or indirect results and
impacts to the environment and natural resources due to or in any way resulting from, the
conduct by Tenant of its operations on the Airport. Such environmental laws shall include, but
not be limited to, the Federal Clean Water Act, Safe Drinking Water Act, Clean Air Act,
Resource Conservation Recovery Act, and Comprehensive Environmental Response,
Compensation, and the Liability Act of 1980 (Superfund).
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Sebastian Municipal Airport Airport Rules and Regulations
5.6 Environmental Indemnification
Each Tenant shall indemnify and hold harmless the City from and against any and all liability for
fines and physical damage to property or injury or death to Persons, including reasonable
expenses and attorney's fees, arising from or resulting out of, or in any way caused by such
Tenant's failure to comply with any law or regulation, now or hereafter promulgated for the
purpose of protecting the environment. Each Tenant shall cooperate with any investigation or
inquiry by any governmental agency regarding possible violation of any environmental laws or
regu atlons.
5.7 Leasehold Cleanliness
All Tenants on the Airport shall keep all areas of the premises leased or used by them in a clean
and aesthetically pleasing manner. All said areas must be kept free of oil, grease and other
flammable material. Tenants shall provide suitable metal Underwriters Laboratories ("UL")
approved flammable liquid storage receptacles with self closing covers for the storage of oily
waste and rags. The floors of hangars and other buildings shall be kept cleaned and continuously
kept free of rags, waste material or other trash or rubbish.
5.8 Hazardous Materials and Sanitation
All hazardous materials shall be disposed of in accordance with the appropriate federal, state, or
local rules and regulations governing the disposal of such materials. No vehicle used by a Tenant
for hauling trash, dirt, or any other material shall be operated on the Airport unless such vehicle
is constructed so as to prevent the contents from blowing, dropping, sifting, leaking, or otherwise
escaping.
5.9 Storage of Equipment
No Tenant of the Airport shall store or stack material or equipment in such a manner as to
constitute a hazard to Persons or property or that could interfere with the safe movement of
aircra .
5.10 Abandonment
If a Tenant fails actively to conduct and engage in business and activities permitted at the Airport
for a period of one hundred twenty (120) consecutive days, the Airport Director may request that
the City Council terminate the lease, contract, or permit under which the Tenant conducts
business at the airport.
5.11 Right of Entry
The Airport Director and/or staff shall have the right of entry at all reasonable times for
inspection, maintenance, repair, and modification of all rooms, areas, and buildings on the
Airport. The Airport Director and/or staff shall have the right of entry of all rooms, areas, and
buildings on the Airport whenever an apparent hazard or other circumstance requires immediate
attention.
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5.12 Compliance with FAA/TSA Security Directives
The Airport Director shall notify Tenants of FAA/TSA security directives, regulations or rules
that may apply to the Tenant's operations, premises or employees. Each Tenant shall be
responsible for ensuring that its employees comply with the latest and most current directives,
regulations, or rules. Violation of any such directives, regulations or rules shall constitute
violation of these Rules and Regulations.
SECTION 6
COMMERCIAL GROUND TRANSPORTATION
6.1 Commercial Vehicles
Only those Taxicabs, Buses, Limos, Shuttles, Courtesy Vehicles or other for-hire vehicles,
licensed and operating in accordance with applicable provisions of the City, County, State, and
Federal requirements shall have the right to transport Persons and/or their baggage to and from
the Airport. Under no circumstances shall any of the said Vehicles enter onto the AOA, SIDA, or
any other Restricted Area of the Airport.
6.2 Buses
No Person shall attempt to solicit or invite Persons to ride in a vehicle for-hire on Airport
Property without approval of the City of Sebastian and then only under the Airport Director's
terms and conditions which may include the areas and/or routes that the Bus may travel and the
areas where passengers and baggage may load and unload.
SECTION 7
VEHICULAR TRAFFIC
7.1 Governing Law
All motor vehicles operated on Airport roadways and parking facilities shall be governed by
applicable provisions of the City Code and Florida Statutes. No Person shall operate any motor
vehicle on the Airport in violation of these Rules and Regulations or in violation of applicable
Federal Aviation Regulations.
7.2 Traffic Control Devices
a. No Person shall operate a vehicle on Airport roadways or parking facilities in violation of
official traffic control devices.
b. No Person shall operate a motor vehicle of any kind on the Airport roadways in excess of
speed limits indicated by posted traffic signs, except in emergencies, nor shall any Person
operate any motor vehicle on the Airport in a reckless manner.
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7.3 Parking for Motor Vehicles
Airport Rules and Regulations
a. No Person shall park a motor vehicle or other equipment on the AOA except in those areas
designated or authorized by the Airport Director, nor park a vehicle in any manner contrary
to any posted signs, traffic control devices, or pavement markings.
b. No Person shall park a motor vehicle or equipment on the AOA so as to interfere with the use
of a facility by others or prevent the passage or movement of aircraft, emergency vehicles or
other motor vehicles.
c. No Person shall park a motor vehicle or other equipment on the AOA in a manner which may
interfere with or prevent an aircraft fueling vehicle from being readily driven away from such
aircraft in the event of an emergency.
7.4 Removal of Vehicles
a. Law enforcement officers and specifically designated Airport employees are authorized
immediately to remove or cause the removal of any vehicle when the vehicle is parked in
violation of any provision of these Rules and Regulations. Vehicles so removed shall be
temporarily impounded in a designated impoundment area until the owner has complied with
recovery provisions established by the City of Sebastian or the vehicle is disposed of in
accordance with applicable state or local requirements.
b. The owner of any vehicle removed to a temporary impoundment area, or his authorized
representative, may recover possession of such vehicle within seven (7) days after its
removal to the temporary impoundment area, unless such period is extended by the Airport
Director. Upon acceptable proof of ownership and payment of appropriate parking, storage,
and towing charges, the owner may recover possession. Charges for towing and storage of
removed vehicles shall be on record in the City of Sebastian Police Department.
c. In the event any removed vehicle is not recovered by its owner or the authorized
representative from the temporary impoundment area within the time established in section
(b), such vehicle shall be considered abandoned and shall be dealt with following the City of
Sebastian's procedures for abandoned vehicles.
d. The owner or authorized representative of any vehicle removed from the temporary
impoundment area may recover possession of the abandoned vehicle upon proof of
ownership and payment of appropriate charges accrued against such vehicle, in addition to
any charges provided by state or local law.
7.5 Abandoned Vehicles
No Person shall knowingly or intentionally abandon a vehicle upon the Airport. For the purposes
of this section, any vehicle or equipment, except one parked within a Tenant's premises, which
have been left unattended for more than thirty (30) days shall be presumed to be abandoned. Law
enforcement officers and specifically designated Airport employees are authorized to remove or
cause the removal of any abandoned vehicles or equipment to the designated impoundment area
of the Airport. The abandoned vehicle can be removed from the impoundment area at the
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owner's expense, upon payment of appropriate towing and storage charges of abandoned
ve is es.
7.6 Accident Reports
Any Person operating a motor vehicle within the AOA which is involved in an accident resulting
in injury to Person(s) or damage to property shall:
a. immediately stop such vehicle the scene of the accident or as close thereto as possible, in a
manner so as to minimize any obstruction to aircraft and other vehicles;
b. immediately notify the Airport Director and the City of Sebastian Police Department; and
c. remain at the scene of the accident and complete any required accident report, including the
names and addresses of the individuals involved, the registration and license number of the
vehicles involved, and such other information relevant to the accident on request of a
representative from the Airport Director or any law enforcement officer investigating same.
The operator or owner of any motor vehicle involved in such accident shall, upon request,
exhibit any license, registration or other relevant documents regarding the Person or property
involved, to any law enforcement officer investigating same.
SECTION 8
VEHICULAR TRAFFIC ON AIR OPERATIONS AREA
8.1 Governing Law
The control of all vehicular traffic on the AOA shall be governed by applicable laws of the state
and City and these Rules and Regulations, and shall be enforced by any designated Airport
representative or law enforcement officer.
8.2 Authority to Operate on the Air Operations Area
a. No Person shall operate or cause to be operated any Vehicle on the AOA, unless such
operation is required and is directly related to an aviation activity or the business of the
Airport, the business of a Tenant, or otherwise authorized by the City of Sebastian.
b. The Airport Director is authorized to establish restrictions, guidelines, and training
requirements for the use of Vehicles on the AOA, and to issue identification cards, passes
and/or Vehicle decals.
c. Vehicles operated on the AOA shall not be driven in excess of twenty-five (25) miles per
hour, except in the case of an emergency. Vehicles operated within twenty (20) feet of an
aircraft shall not be driven in excess of five (5) miles per hour, except in the case of an
emergency or as authorized by the Airport Director.
d. No Person shall operate any Vehicle on the AOA, or elsewhere on Airport Property, in
violation of any traffic control device.
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e. Each Vehicle operating in the AOA shall display an access permit issued by the Airport
Director and shall be equipped with a radio capable of transmitting and receiving on the
Unicom and the Common Air Traffic Advisory frequencies (CTAF). This ground-based
radio can be operated under Sebastian Municipal Airport's FCC License under the following
conditions:
i. The user or Tenant signs an "Airport Unicom Use Agreement."
11. The radio shall be operated under the regulatory conditions of the Federal
Communications Commission (47 CFR Part 87) at all times.
111. The radio must be registered with the Airport Director's office
iv. The maximum transmission power shall not exceed twenty-five (25) watts.
v. Any violations of the above items shall constitute a violation of these Rules and
Regulations and shall result in immediate forfeiture of the Vehicle Access Permit and
cancellation of "Airport Unicom Use Agreement" rendering any further use illegal, and
subject to both FCC and local penalties.
e. Each Vehicle operating within the AOA shall have headlights and four (4) way flashers on.
Unless under escort of an Authorized Vehicle, each vehicle shall also have an operating
flashing yellow light, or any other equivalent, visual safety device approved by the Airport
Director. In addition, Airport Vehicles shall follow operating procedures outlined by the
Airport Director.
f. Vehicles owned or operated by a Tenant that will operate within the AOA shall be marked
with the Tenant's name, as approved by the Airport Director.
8.3 Yielding to Aircraft
All motor vehicles on the AOA shall yield to aircraft in motion, under all conditions.
8.4 Crossing Runways and Taxiways
No Person shall operate a motor vehicle in the following areas, without first visually inspecting
for air traffic and announcing intention on the current Unicom or CTAF frequency:
- in landing areas;
- beyond the hold bars of any active runway; or
-closer than one hundred fifty (150) feet from the edge of any active runway
8.5 Designated Vehicle Routes
No Person shall operate a Vehicle on the AOA unless such vehicle operates on established
vehicle routes (if any), except operators of emergency vehicles responding to an alarm or Airport
Vehicles in the performance of individual duties.
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8.6 Vehicle Equipment and Safety Requirements
No Person shall operate a Vehicle or equipment on the AOA unless such vehicle or equipment is
in a condition to operate safely and in accordance with these Rules and Regulations.
8.7 Lights on Vehicles
a. All Vehicles on the AOA shall be equipped with two (2) headlights and two (2) or more tail
and brake lights. Vehicles designed for only one (1) headlight or taillight are exempt from
this requirement. All headlights and taillights shall be lit when operating on the AOA, and/or
when in poorly lit areas. Any Vehicle other than an Emergency or Airport Vehicle operating
on the AOA shall display an overhead flashing or rotating light at all times while so
operating. Between the hours of sunrise and sunset, a Vehicle not so equipped with a flashing
overhead light may operate if such vehicle displays a flag approved for such use by the
Airport Director.
b. All baggage, cargo, and golf carts shall be equipped with reflectors and fluorescent taped
material visible on the rear and sides of the cart, and shall be in the color and size as
approved by the Airport Director.
8.8 Repair and Fueling of Vehicles on AOA
a. No Person shall service, clean, repair, maintain, or overhaul any Vehicle or other equipment
on the AOA except for immediate minimum repairs required to remove said vehicle from the
AOA, or as otherwise approved or authorized by the Airport Director.
b. No Person shall fuel a Vehicle or other equipment on the AOA in any area other than those
established by the Airport Director or in any manner contrary to any procedures established
by the Airport Director.
SECTION 9
LIMITATIONS ON THE SIZE OF THE AIRCRAFT
WHICH MAY OPERATE AT THE AIRPORT
9.1 Declared Distances
The Declared Distances for the Airport runways are the following unless shorter distances are
determined by the Airport Director to be necessary in the interest of safety and are posted in
appropriate pilot informational materials:
(a) Runwa 4
(i) TORA - 4,024 feet
(ii) TODA - 4,024 feet
(iii) ASDA - 4,024 feet
(iv) LDA - 4,024 feet
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(b) Runway
(i) TORA - 4,024 feet
(ii) TODA - 4,024 feet
(iii) ASDA - 4,024 feet
(iv) LDA - 4,024 feet
(c) Runwa 8
(i) TORA - 3,201 feet
(ii) TODA - 3,201 feet
(iii) ASDA - 3,201 feet
(iv) LDA - 3,201 feet
(d) Runway
(i) TORA - 3,201 feet
(ii) TODA - 3,201 feet
(iii) ASDA - 3,201 feet
(iv) LDA - 3,201 feet
9.2 Runway Separation Standards
Airport Rules and Regulations
All aircraft shall comply with runway-taxiway separation standards set forth in the Advisory
Circular. The Airport achieves the requisite runway separation standards for Aircraft Design
Groups I and II only for aircraft in Aircraft Approach Category A and B.
9.3 Determination of Compliant Aircraft
Compliant Aircraft are those which:
a. are aircraft operated by the United States Government for military purposes;
b. are in ARC A-I, A-II, B-I, and B-II as set forth in Appendix 13 to the Advisory Circular;
c. according to manufacturers' specifications, can operate within the Declared Distances
assuming maximum design weight while under whatever environmental condition exists at
time of operation; and
d. do not have a maximum certificated weight for aircraft with single wheel axles (or is
equivalent that exceeds the runway load bearing capacity of the Airport runways as set forth
in the following table:
i. Runway 4122 - 22,000 pounds
ii. Runway 8126 -12,500 pounds
Aircraft that do not meet the standards set forth in Section 9.2 or in this Section shall be
considered to beNon-Compliant aircraft.
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9.4 Non-Compliant Aircraft Operations
Operators of Non-Compliant Aircraft shall be held liable for any damage done to any Airport
and/or Tenant properties while operating at the Airport. The City of Sebastian shall not be liable
for damages caused by operators ofNon-Compliant aircraft.
9.5 Waivers for Non-Compliant Aircraft
a. Any Person desiring to operate aNon-Compliant aircraft at the Airport shall obtain a waiver
subj ect to the conditions set forth in this section.
b. An operator of aNon-Compliant Aircraft shall be permitted to operate only if such aircraft:
i. Does not have a maximum design weight in excess of the limitations set for in Section
9.3 of these Rules and Regulations; and
11. Operates consistent with any Notices to Airmen (NOTAMs) or Operational Directives
that may be issued by the Airport Director that are designed to avoid conflicts between
Non-Compliant aircraft and other aircraft using taxiways or runways at the Airport by
prohibiting the use of designated runways and taxiways byNon-Compliant Aircraft; and
111. Operates subject to such additional terms and conditions as the Airport Director
determines are necessary to ensure the safe and efficient operation of the Airport and to
protect the safety of Persons, property, and other aircraft at the Airport.
c. An operator of aNon-Compliant Aircraft permitted to operate at the Airport pursuant to a
waiver shall maintain current liability insurance within the minimum limits acceptable to the
Airport Director and shall provide a copy of the certificate of insurance to the Airport
Director prior to operating at the Airport.
d. The Airport Director may revoke a waiver for any Non-Compliant aircraft if he/she
determines that the operations of such aircraft would compromise the safe and efficient
operation of the Airport or the safety of Persons, property, and other aircraft at the Airport.
e. In addition to any other penalties available pursuant to law, operation of aNon-Compliant
Aircraft in violation of the requirements of this Section 9.5 shall be grounds for the Airport
Director to deny access to Airport to such aircraft.
9.6 Air Shows: Extraordinary Temporary Waivers
Notwithstanding the provisions of Section 9.5, the Airport Director may issue an extraordinary
temporary waiver, for a period not to exceed ten days, for any aircraft participating in an air
show or similar demonstration at the Airport, regardless of size, weight or stage classification
pursuant to Federal Aviation Regulations Part 36. Such extraordinary temporary waiver shall be
issued by the Airport Director for all aircraft participating in an air show or similar event without
fee, application, or certification by the operator of participating aircraft.
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SECTION 10
AIR TRAFFIC
10.1 Governing Law
Airport Rules and Regulations
All aeronautical activities at the Airport shall be conducted in conformity with current provisions
of the Federal Aviation Regulations, current Aeronautical Information Manual, these Rules and
Regulations, and Operational Directives, if applicable. The City of Sebastian, in addition to any
fines or penalties from the FAA, state or any other governmental agencies, may impose fines or
penalties for any operator of any Aircraft violating any Rules and Regulations and/or Operational
Directives.
10.2 Denial of Departure
The Airport Director may prohibit an aircraft from taking-off from the Airport if, in his/her
judgment, any of the following circumstances exist:
a. the flight may result in danger to Persons or property;
b. the pilot has indicated an intention to commit an illegal or dangerous act;
c. the pilot appears physically incapacitated, by the use of drugs or alcohol or otherwise;
d. the payment or arrangement for payment has not been made for the use of Airport facilities
or services rendered by the Airport or a Tenant.
10.3 Aircraft Accidents
a. Any Person operating an aircraft who is involved in an accident on the Airport resulting in
injury to any Person, substantial damage to aircraft, or damage to any Airport or other
property shall immediately comply with the notification regulations of the FAA and NTSB
and shall notify the Airport Director and/or appropriate law enforcement personnel.
b. Any Person operating an aircraft involved in an accident on the Airport, resulting in injury
and/or damage to airport property, shall make a full report of the accident to the law
enforcement officials and the Airport Director as soon after the accident as possible. This
report should include, but is not limited to, names and addresses of the individuals involved,
description of the property and all aircraft involved, registration and license number of all
aircraft involved, and such other information relevant to the accident on request of any law
enforcement officer investigating same. The operator of any aircraft involved in such
accident shall, upon request, exhibit licenses, registrations or other documents relevant to the
accident, to any law enforcement officer investigating same.
c. In the event of an accident, the Airport Director may move damaged aircraft at the expense
of the owner without liability to the City for damage, which may result in the course of such
moving.
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10.4 Take-off, Landing, and Traffic Pattern Use
Due to the substantial amount of flight training in the local area, under provisions and authorities
granted in the current version of FAA Advisory Circular 150/5190-6a, all aircraft operators
operating at the Airport shall follow all Federal Aviation Administration required and
recommended procedures listed in both 14 CFR Part 91 and the Aeronautical Information
Manual as amended from time to time.
The established Traffic Pattern Altitude for Sebastian Municipal Airport is one thousand feet
above ground level (1,000' AGL).
10.5 Taxiing Rules
a. No Person shall taxi an aircraft until it is ascertained that there is no danger of collision with
a Person or property in the immediate area by visual inspection, and when available through
information provided by attendants, and if line personnel are in attendance, only at the
direction of such personnel.
b. All aircraft shall taxi at a safe and reasonable speed or as established by Operational
Directive.
c. Aircraft shall only taxi onto or cross a runway or taxiway when it is ascertained that the
runway or taxiway is clear of traffic.
d. No aircraft shall taxi other than in accordance with the taxiing patterns and procedures
prescribed for the particular runway to be used.
e. No Person shall push, tow, or back an aircraft from a designated parking position in a
Terminal Area or Apron without assuring that conditions are safe and in accordance with
Operational Directives.
10.6 Registration at Airport
The owners of all aircraft based at the Airport shall register their aircraft with the Airport
Director. Information included in the registration shall include the owner(s) name, address, and
emergency contact information, as well as the make, model, type, and registration number ("N"
number) of the aircraft.
10.7 Radio Ground Control
The operator of a taxiing aircraft or Vehicle towing an aircraft at the Airport should monitor the
Unicorn and/or CTAF frequency being used by local air traffic and remain in direct
communication with local air traffic at all times when so operating anywhere on the AOA.
10.8 Starting and Running Aircraft Engines
a. No Person shall start an aircraft engine or operate an aircraft unless he or she is a qualified,
licensed pilot or mechanic.
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b. Blocks or chocks shall be placed under the wheels before starting the aircraft engine(s) unless
the aircraft is provided with adequate brakes and they are in an applied position.
c. Engine Run-ups conducted for the purpose of checking the aircraft engine prior to take-off
may only be conducted on the taxiway run-up areas near the approach end of each runway.
Aircraft engine Maintenance Run-ups may only take place in those areas approved for such
purposes by the Airport Director, and only between the hours of 8 a.m. to 6 p.m. (local time)
Monday through Saturday, unless otherwise approved by the Airport Director. Aircraft being
Run-up shall not be left unattended.
d. Aircraft shall be parked so that fumes, propeller wash, and jet blast are not directly blown
into non-enclosed passenger holding and loading areas, nor into any Tenant's hangar.
e. Noise emanating from aircraft engines during maintenance run-ups or other non-flight related
activity shall be maintained within the applicable aircraft engine noise limits as set by the
federal government, state, or local City ordinance, whichever is the most restrictive.
f. Aircraft engine testing shall be done in a manner that will not cause undue hazards to Persons
and property within the propeller wash or j et blast safety area as such area is defined in the
appropriate engine manufacturer's maintenance manual.
10.9 Aircraft Lights
No Person shall operate an aircraft within the AOA, Terminal Area, or other aircraft parking area
during periods of low visibility or between the hours of sunset and sunrise unless the wingtip
lights or other suitable warning lights are kept lighted while the aircraft is so operated
10.10 Non-operating Aircraft
a. No Person shall park or store aNon-operating Aircraft on Airport Property for a period in
excess of ninety (90) days without written authorization from the Airport Director.
b. No Person shall store or retain aircraft parts or components being held as inventory anywhere
on the Airport, other than in an enclosed authorized facility, unless approved by the Airport
Director, in writing.
c. whenever any aircraft is parked, stored, or left in non-operating condition on the Airport in
violation of these Rules and Regulations, the Tenant upon whose leasehold such aircraft is
located, other responsible party as determined by the Airport Director, or the Airport Director
shall follow the procedures required by Florida Statute to notify the Owner or operator
thereof and require removal of said aircraft.
d. Notice procedures and hearing requirements as set forth in Florida Statutes shall govern the
removal ofNon-operating Aircraft from the Airport.
e. In the absence of specific notice requirements under applicable Florida Statutes, the
following notice requirements shall apply: if an aircraft is parked, stored or left in a non-
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operating condition, the Airport Director or the party responsible for the Airport area where
the aircraft is located, shall notify the Owner or operator of said aircraft of these violations.
Notice shall be to the Owner or operator by certified mail, return receipt requested. If the
Owner or operator is unknown or cannot be found, the Airport Director, or responsible party,
shall conspicuously post and affix a notice to the aircraft. The Notice shall advise the Owner
that the aircraft must be removed from the Airport within fifteen (15) days of said notice.
f. In the absence of any Florida Statute regarding the removal of Non-operating Aircraft and
procedures for the removal, the following procedure shall apply: upon the failure of the
Owner or operator to remove an aircraft pursuant to notice as provided in subpart (e) above,
the Airport Director, or responsible party, shall cause the removal of such aircraft from the
Airport. All costs incurred by the City for the removal of the aircraft shall be assessed against
the Owner or operator of the same.
10.11 Removal of Liened Aircraft
A lien upon and against an aircraft may be posted by the City of Sebastian to recover any and all
costs owed to the City by the aircraft owner.
No Person shall move or remove an aircraft or parts from such aircraft from the Airport when a
lien has been posted upon and against such aircraft by the City of Sebastian.
10.12 Interference with Aircraft Operations
No Person shall, while on the Airport, disturb, interrupt, or otherwise interfere with:
a. the enplanement or deplanement of aircraft passengers;
b. the departure, arrival, or movement of any aircraft;
c. any flight crew member or other flight crew representative in the performance of his or her
uties.
10.13 Prohibited Air Operations
The following aircraft and air operations are prohibited unless prior permission is obtained from
the Airport Director in writing:
a. the take-off, landing, and operation at the Airport by motor-less aircraft, hangliders, ultralight
aircraft, or model aircraft; and
b. ballooning, parachute jumping, skydiving or similar activities.
10.14 Flying Clubs
Flying Club aircraft may be based at the Airport only upon compliance with the following
requirements.
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a. The Flying Club shall be organized as anon-profit organization chartered for the purpose of
operating the aircraft for pleasure, developing skills in aviation, and developing an awareness
and appreciation of aviation requirements and techniques.
b. The Flying Club shall provide to the Airport Director upon request, a copy of the articles of
incorporation, by-laws, a list of officers and directors and their addresses, operating rules and
membership agreements. This information shall be kept current at all times.
c. The Flying Club may not derive greater revenue from the use of Club aircraft than the
amount necessary for the operation, maintenance and replacement of the Club aircraft and its
components.
d. The Flying Club shall maintain a membership record containing the full names, addresses,
pilot license number and ratings of all its members, past and present, together with the date
when their membership commenced and terminated. These records shall be made available
for inspection upon request by the Airport Director.
e. The Flying Club shall provide to the Airport Director upon request a list of all instructors
who are or have been instructing members of the club and the names of each of the members
who received instruction and the dates and time duration of such instruction, for the six-
monthperiod immediately preceding the request.
f. The Flying Club shall obtain and keep at all times insurance in the amounts and types
required by the Airport's Minimum Standards.
10.15 Flight Schools; Security
a. All flight schools operating at the Airport shall comply with Sebastian Municipal Airport
Minimum Standards for Aeronautical Activities and these Rules and Regulations.
b. No Person may operate a flight school on the Airport without compliance with Sebastian
Municipal Airport Minimum Standards for Aeronautical Activities. All Persons instructing
students shall be liable for the conduct of their students while the students are under the
supervision of such Person or while the students are proceeding with uncompleted courses of
instruction.
c. Flight Schools shall Escort all students within the AOA, SIDA or Restricted Areas except
students who possess a valid pilot certificate issued pursuant to Federal Aviation Regulations
Part 61.3 (including but not limited to student pilot certificates issued pursuant to Federal
Aviation Regulations Part 61, Subpart C).
d. Flight Schools shall comply with applicable FAA and TSA regulations regarding flight
schools.
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SECTION 11
NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION
Federal, state, and local regulations exist to protect the national airspace system that must be
considered when planning and implementing construction that may adversely impact
navigational aids, instrument approach flight procedures and the general safe and efficient access
to Sebastian Municipal Airport by aviation users.
11.1 Governing Law
a. FAA Federal Aviation Regulations Part 77
Title 14, Code of Federal Regulations (CFR), Federal Aviation Regulations (FAR), Part 77,
"Objects Affecting Navigable Airspace"; establishes standards for determining obstructions
in navigable airspace; sets forth the requirements for notice to the FAA of certain proposed
construction or alteration; provides for aeronautical studies of obstructions to air navigation,
to determine their effect on the safe and efficient use of airspace; provides for public hearings
on the hazardous effect of proposed construction or alteration on air navigation; and provides
for establishing antenna farm areas.
b. Florida Statutes, Chapter 333
Chapter 333, Florida Statutes, "Airport Zoning", includes definitions; airport hazards and
uses of land in airport vicinities contrary to public interest; permit required for structures
exceeding federal obstruction standards; power to adopt airport zoning regulations;
comprehensive zoning regulations; procedure for adoption of zoning regulations; airport
zoning requirements; guidelines regarding land use near airports; permits and variances;
appeals; administration of airport zoning regulations; board of adjustment; judicial review;
acquisition of air rights; and enforcement and remedies.
c. Florida Administrative Code, Chapter 14-60
Chapter 14-60, Florida Administrative Code (FAC), "Airport Licensing, Registration, &
Airspace Protection", includes Section 14-60.009, "Airspace Protection and Obstruction
Marking and Lighting".
d. City of Sebastian Land Development Code, Article VII
Article VII, City of Sebastian Land Development Code, "General Regulations" includes
Section 54-2-7.12, "Airport Height Limitations". (See Development Guidelines and
Standards for Airport Leaseholds, Appendix "D ".)
11.2 Application
No building or structure shall be constructed or altered within the protected airspace of the
Sebastian Municipal Airport with a height in excess of those permitted by the Federal Aviation
Regulation 14 CFR Part 77, Florida Statutes, Chapter 333, the Florida Administrative Code
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Chapter 14-60 or the City's Land Development Code Article VII. Formal notice shall be given
at least 60 days prior to proposed construction or alteration of any building or structure within
the protected areas of the Airport's airspace under the laws governing the protection of airspace.
11.3 Notification Procedures
Formal notice of proposed construction or alteration of a building or structure within the
protected airspace of the Airport shall be given by completing and submitting FAA Form 7460-
1, "Notice of Proposed Construction or Alteration". Refer to Appendix A for the Form and
instructions for completion.
Note: If proposed construction is occur on Airport property, the form should be submitted
directly to the FAA's Orlando Airport District Office for coordination and evaluation.
The Applicant should receive a "Determination of No Air Hazard" from the FAA indicating that
the proposal has been officially evaluated and that the FAA imposes no objection to the proposed
development.
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AppendixA-1
Instructions for FAA Form 7460-1
NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION
§77.13 Construction or alteration requiring notice. §77.15 Construction or alteration not requiring notice.
(a) Except as provided in §77.15, each sponsor who proposes any of the
fallowing construction or alteration shall notify the Administrator in the form
and manner prescribed in §77.17.
(1) Any construction or alteration of more than 200 feet in height above the
ground level at its site.
(2) Any construction or alteration of greater height than imaginary surface
extending outward and upward atone of the fallowing slopes:
(i)1 00 to 1 for horizontal distance of 20,000 feet from the nearest point of
the nearest runway of each airport specified in paragraph (a)(5) or this
section with at least one runway more than 3,200 feet in actual length,
excluding heliports.
(ii) 50 to 1 for horizontal distance of 10,000 feet from the nearest point of
the nearest runway of each airport specified in paragraph (a)(5) of this
section with its longest runway no more than 3,200 feet in actual length,
excluding heliports.
(iii) 25 to 1 for a horizontal distance of 5,000 feet from the nearest paint of
the nearest landing and takeoff area of each heliport specified in paragraph
(a)(5) of this section.
(3) Any highway, railroad, or other traverse way for mobile objects, of a
height which, if adjusted upward 17 feet far an Interstate Highway that is part
of the National System of Military and Interstate Highways where
overcrossings are designed for a minimum of 17 feet vertical distance, 16
feet far any other public roadway, 10 feet or the height of the highest mobile
object that would normally traverse the road, whichever is greater, for a
private road, 23 feet for a railroad, and for a waterway or any other traverse
way not previously mentioned, an amount equal to the height of the highest
mobile abject that would normally traverse it, would exceed a standard of
paragraph (a)(1) or (2) of this section.
(4) When requested by the FAA, any construction or alteration that would
be in an instrument approach area (defined in the FAA standards governing
instrument approach procedures) and available information indicates it might
exceed a standard of Subpart C of this part.
No person is required to notify the Administrator for any of the following
construction or alteration:
(a) Any abject that would be shielded by existing structures of a permanent and
substantial character or by natural terrain or topographic features of equal or
greater height, and would be located in the congested area of a city, town, or
settlement where it is evident beyond all reasonable doubt that the structure so
shielded will not adversely affect safety in air navigation.
(b) Any antenna structure of 20 feet or less in height except one that would
increase the height of another antenna structure.
(c) Any air navigation facility, airport visual approach or landing air, aircraft
arresting device, or meteorological device, of a type approved by the
Administrator, or an appropriate military service on military airports, the location
and height of which is fixed by its functional purpose.
(d) Any construction or alteration for which notice is required by any other FAA
regulation.
§77.17 Form and time of notice
(a) Each person who is required to notify the Administrator under §77.13 (a)
shall send one executed form set of FAA Form 7460-1, Notice of Proposed
Construction or Alteration, to the Manager, Air Traffic Division, FAA Regional
Office having jurisdiction over the area within which the construction or alteration
will be located. Copies of FAA Farm 7460-1 may be obtained from the
headquarters of the Federal Aviation Administration and the regional offices.
(b) The notice required under §77.13 (a)(1) through (4) must be submitted at
least 30 days before the earlier of the following dates -
(1)The date the proposed construction or alteration is to begin.
(2) The date an application for a construction permit is to be filed.
However, a notice relating to proposed construction or alteration that is subject
to the licensing requirements of the Federal Communications Act may be sent to
the FAA at the same time the application for construction is filed with the Federal
Communications Commission, or at any time before that filing.
(5) Any construction or alteration on any of the following airports (including
heliports):
(i) An airport that is available far public use and is listed in the Airport
Directory of the current Airman's Information Manual or in either the Alaska
or Pacific Airman's Guide and Chart Supplement.
(ii) An airport under construction, that is the subject of a notice or proposal
on file with the Federal Aviation Administration, and except for military
airports, it is clearly indicated that airport will be available for public use.
(iii) An airport that is operated by an armed farce of the United States.
(b) Each sponsor who proposes construction or alteration that is the subject
of a notice under paragraph (a) of this section and is advised by an FAA
regional office that a supplemental notice is required shall submit that notice
on a prescribed form to be received by the FAA regional office at least 48
hours before the start of construction or alteration.
(c) Each sponsor who undertakes construction or alteration that is the subject
of a notice under paragraph (a) of this section shall, within 5 days after that
construction or alteration reaches its greatest height, submit a supplemental
notice on a prescribed farm to the FAA regional office having jurisdiction over
the region involved, if -
(1)The construction or alteration is more than 200 feet above the surface
level of its site; ar
(2) An FAA regional office advises him that submission of the form is
required.
(c) A proposed structure or an alteration to an existing structure that exceeds
2,000 feet in height above the ground will be presumed to be a hazard to air
navigation and to result in an inefficient utilization of airspace and the applicant
has the burden of overcoming that presumption. Each notice submitted under
the pertinent provisions of this part 77 proposing a structure in excess of 2,000
feet above ground, or an alteration that will make an existing structure exceed
that height, must contain a detailed showing, directed to meeting this burden.
Only in exceptional cases, where the FAA concludes that a clear and compelling
showing has been made that it would not result in an inefficient utilization of the
airspace and would not result in a hazard to air navigation, will a determination
of no hazard be issued.
(d) In the case of an emergency involving essential public services, public
health, or public safety that required immediate construction or alteration, the 30
day requirement in paragraph (b) of this section does not apply and the notice
may be sent by telephone, telegraph, or other expeditious means, with an
executed FAA Form 7460-1 submitted within five (5) days thereafter. Outside
normal business hours, emergency notices by telephone or telegraph may be
submitted to the nearest FAA Flight Service Station.
(e) Each person who is required to notify the Administrator by paragraph (b) or
(c) of §77.13, or both shall send an executed copy of FAA Form 7460-2, Notice
of Actual Construction or Alteration, to the Manager, Air Traffic Division, FAA
Regional Office having jurisdiction over the area involved.
ADDRESSES OF THE REGIONAL OFFICES
Alaska Region Eastern Region Northwest Mountain Region Southwest Region
AK DC, DE, MD, NJ, NY, PA, VA, WV CO, ID, MT, OR, UT, WA, WY AR, LA, NM, OK, TX
Alaskan Regional Office Eastern Regional Office Northwest Mountain Regional Office Southwest Regional Office
Air Traffic Division, AAL-530 Air Traffic Division, AEA-520 Air Traffic Division, ANM-520 Air Traffic Division, ASW-520
222 West An Avenue JFK International Airport 1601 Lind Avenue, SW 2601 Meacham Boulevard
Anchorage, AK 99513 Fitzgerald Federal Building Renton, WA 98055-4056 For Worth, TX 76137-0520
Tel: 907-271-5893 Jamaica, NY 11430 Tel: 425-227-2520 Tel: 817-222-5531
Tel: 718-553-2616
Central Region Southern Region Western Pacific Region
IA, KS, M0, NE Great Lakes Region AL, FL, GA, KY, MS, NC, PR HI, CA, NV, AZ, GU
Central Regional Office IL, IN, MI, MN, ND, OH, SD SC, TN, VI Western-Pacific Regional Office
Air Traffic Division, ACE-520 Great Lakes Regional Office Southern Regional Office Air Traffic Division, AWP-520
60 East 12`" Street Air Traffic Division, AGL-520 Air Traffic Division, ASO-520 15000 Aviation Boulevard
Kansas City, MO 64106 2300 East Devon Avenue 1701 Columbia Avenue Hawthorne, CA 90260
Tel: 816-426-3408 or 3409 Des Plaines, IL 60018 College Park, GA 30337 Tel: 310-725-6557
Tel: 847-294-7568 Tel: 404-305-5685
New England Region
CT, MA, ME, NH, RI, VT
New England Regional Office
Air Traffic Division, ANE-520
12 New England Executive Park
Burlington, MA 01803-5299
Tel: 781-238-7520
FAA Farm 7460-1 (2-99) Superseded Previous Edition Electronic Version (Adobe) NSN: 0052-00-012-0009
Page A-1
PLEASE TYPE or PRINT
INSTRUCTIONS FOR COMPLETING FAA FORM 7460-~
ITEM #1. Please include the name, address and phone number of a personal contact point as well as the company name.
ITEM #2. Please include the name, address and phone number of a personal contact point as well as the company name.
ITEM #3. New Construction would be a structure that has not yet been built.
Alteration is a change to an existing structure such as the addition of a side mounted antenna, a change to the marking and lighting, a
change to power andlor frequency, or a change to the height. The nature of the alteration shall be included in ITEM #21 "Complete
Description of Proposal".
Existing would be a correction to the latitude andlor longitude, a correction to the height, or if filing on an existing structure which has never
been studied by the FAA. The reason for the notice shall be included in ITEM #21 "Complete Description of Proposal".
ITEM #4. If Permanent, so indicate. If Temporary, such as a crane or drilling derrick, enter the estimated length of time the temporary
structure will be up.
ITEM #5. Enter the date that construction is expected to start and the date that construction should be completed.
ITEM #6. Please indicate the type of structure. DO NOT LEAVE BLANK.
ITEM #7. In the event that obstruction marking and lighting is required, please indicate type desired. If no preference, check "other" and
indicate "no preference" DO NOT LEAVE BLANK. NOTE: High Intensity lighting shall be used only for structures over 500' AGL. In the
absence of high intensity lighting for structures over 500' AGL, marking is also required.
ITEM #8. If this is an existing tower that has been registered with the FCC, enter the FCC Antenna Structure Registration number here.
ITEM #9 and #10. Latitude and longitude must be geographic coordinates, accurate to within the nearest second or to the nearest
hundredth of a second if known. Latitude and longitude derived solely from ahand-held GPS instrument is NOT acceptable. A
hand-held GPS is only accurate to within 100 meters (328 feet) 95 percent of the time. This data, when plotted, should match the site
depiction submitted under ITEM #20.
ITEM #11. NAD 83 is preferred; however, latitude and longitude may be submitted in NAD 27. Also, in some geographic areas where NAD
27 and NAD 83 are not available other datums may be used. It is important to know which datum is used. DO NOT LEAVE BLANK.
ITEM #12. Enter the name of the nearest city and state to the site. If the structure is or will be in a city, enter the name of that city and state.
ITEM #13. Enter the full name of the nearest public-use (not private-use) airport or heliport or military airport or heliport to the site.
ITEM #14. Enter the distance from the airport or heliport listed in #13 to the structure.
ITEM #15. Enter the direction from the airport or heliport listed in #13 to the structure.
ITEM #16. Enter the site elevation above mean sea level and expressed in whole feet rounded to the nearest foot (e.g. 17'3" rounds to 17',
17'6" rounds to 18'). This data should match the ground contour elevations for site depiction submitted under ITEM #20.
ITEM #17. Enter the total structure height above ground level in whole feet rounded to the next highest foot (e.g. 17'3" rounds to 18').
The total structure height shall include anything mounted on top of the structure, such as antennas, obstruction lights, lightning
rods, etc.
ITEM #18. Enter the overall height above mean sea level and expressed in whole feet. This will be the total of ITEM #16 + ITEM #17.
ITEM #19. If an FAA aeronautical study was previously conducted, enter the previous study number.
ITEM #20. Enter the relationship of the structure to roads, airports, prominent terrain, existing structures, etc. Attach an 8-112" x 11"
non-reduced copy of the appropriate 7.5 minute U.S. Geological Survey (USGS) Quadrangle Map MARKED WITH A PRECISE INDICATION
OF THE SITE LOCATION. To obtain maps, contact USGC at 1-800-435-7627 or via Internet at "http:/lmappin .us s.gov". If available,
attach a copy of a documented site survey with the surveyor's certification stating the amount of vertical and horizontal accuracy in feet.
ITEM #21.
For transmitting stations, include maximum effective radiated power (ERP) and all frequencies.
For antennas, include the type of antenna and center of radiation (Attach the antenna pattern, if available).
For microwave, include azimuth relative to true north.
For overhead wires or transmission lines, include size and configuration of wires and their supporting structures (Attach depiction).
For each pole/support, include coordinates, site elevation, and structure height above ground level or water.
For buildings, include site orientation, coordinates of each corner, dimensions, and construction materials.
For alterations, explain the alteration thoroughly.
For existing structures, thoroughly explain the reason for notifying the FAA (e.g. corrections, no record or previous study, etc.).
Filing this information with the FAA does not relieve the sponsor of this construction or alteration from complying with any other
federal, state or local rules or regulations. If you are not sure what other rules or regulations apply to your proposal, contact
locallstate aviations and zoning authorities.
Paperwork Reduction Work Act Statement: This information is collected to evaluate the effect of proposed construction or
alteration on air navigation and is not confidential. Providing this information is mandatory for anyone proposing construction or alteration
that meets or exceeds the criteria contained in 14 CFR, part 77. We estimate that the burden of this collection is an average 19 minutes
per response. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it
displays a currently valid OMB control number. The OMB control number for this collection is 2120-0001.
FAA Form 7460-1 (2-99) Superseded Previous Edition Electronic Version (Adobe) NSN: 0052-00-012-0009
Page A-2
Please Type or Print on This Form
Form Approved OMB No.2120-0001
Expiration Date: 7/31/07
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U.S.DepartmentofTransportation Notice of Proposed Construction or Alteration
Federal Aviation Administration
Aeronautical Stud y Number
1. Sponsor (person, company, etc. proposing this action):
Attn. of:
Name:
Address: o
9. Latitude: ,
a , „
10. Longitude: ,
11. Datum: NAD 83 NAD 27 Other
12. Nearest: City: State
City: State: Zip: 13. Nearest Public-use (not private-use) or Military Airport or Heliport:
Telephone: Fax:
14. Distance from #13. to Structure:
2. Sponsor's Representative (if other than #1):
Attn. of:
Name:
Address: 15. Direction from #13. to Structure:
16. Site Elevation (AMSL): ft.
17. Total Structure Height (AGL): ft.
18. Overall Height (#16 + #17) (AMSL): ft.
19
Previous FAA Aeronautical Study Number (if applicable):
City: State: Zip:
Telephone: Fax: .
-OE
20. Description of Location: (Attach a USGS 7.5 minute Quadrangle Map with
3. Notice of: New Construction Alteration Existing
4. Duration: ^ Permanent ^ Temporary ( months, days)
5. Work Schedule: Beginning End
6. Type: Antenna Tower Crane Building Power Line
Landfill Water Tank Other
7. Marking/Painting andlor Lighting Preferred:
Red Lights and Paint Dual -Red and Medium Intensity White
White -Medium Intensity Dual -Red and high Intensity White
White -High Intensity Other
8. FCC Antenna Structure Registration Number (if applicable): the precise site marked and any certified survey)
21. Complete Description of Proposal:
Frequency/P
ower (kV11)
Notice is required by 14 Code of Federal Regulations, part 77 pursuant to 49 U.S.C., Section 44718. Persons who knowingly and willingly violate the notice
requirements of part 77 are subject to a civil penalty of $1,000 per day until the notice is received, pursuant to 49 U.S.C., Section 46301(a)
I hereby certify that all of the above statements made by me are true, complete, and correct to the best of my knowledge. In addition, I agree to mark andlor light the
structure in accordance with established marking & lighting standards as necessary.
Date Typed or Printed Name and Title of Person Filing Notice Signature
FAA Form 7460-1 (2-99) Supersedes Previous Edition Electronic Version (Adobe) NSN: 0052-00-012-0009
Page A-3
Appendix A-2
Supplemental Construction Notice
Form Approved OMB No. 2120-0001 SUPPLEMENTAL N O T I C E
Expiration Date: 7/31/07
Submission Instructions: For Advance Notice of Actual Construction or Alteration. Complete items 1, 2, 3A (1), 3A(2), Aeronautical Study No.
and 6. If applicable, also complete items 4 and 5. Detach Part 1. Fold and tape at bottom. Mail to the FAA Regional
Office for your area. Part 1A is provided for your file.
Notice of Actual Construction or Alteration
(Please Type or Print on this Form)
U.S. Department of Transportation
Federal Aviation Administration
1. Construction
A. Type and Description of Construction B. Owner of Structure
^ New
^ Alteration
2. Construction Location --Height
A. Coordinates (To hundredths of seconds, if known) B. Location (City, State, include Street
Latitude Longitude
o i n o i n Address if any)
C. Construction Heights Total Height
(Structure & Site)
Above Mean Sea Level
Site Elevation Ft. AMSL
Structure Height Ft. AGL Ft. AMSL
D. Site Elevation Determined By E. Reference datum of coordinates F. Name of Nearest Public-Use or Military Airport
^ Actual Survey ^ NAD 27 (include Distance and Direction from the Airport)
^ USGS 7.5' Quad Chart ^ NAD 83
^ Other (Specify) ^ Other (Specify)
3. Construction Notifications
A. Notification B. Construction/Project
(Notice Is Critical to Flight ~
Safety --- FAR Part 77 Required) Date Date
(1) Construction will start (Submit at
least 48 hrs. in advance (1) Project Abandoned
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(3) Structure Reached Greatest Height (2) Construction Dismantled
(Submit within 5 days)
4. Marking and Lighting
A. Marked B. Lighted
^ Medium Intensity White ^ High Intensity White ^ Red
^ Yes ^ No ^ Temporary ^ Dual (Medium Intensity ^ Dual (High Intensity ^ None
White & Red) White & Red)
5. Antenna Requiring FCC License
A. Call Sign B. Frequency C. Date Applied for FCC Construction Permit D. Date Construction Permit Issued
6. Preparer's Certification
~ ~, A. Proponent's Representative B. Construction Proponent
~, ~ Name: Name:
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Address:
Address:
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I hereby certify that the information provided is true, complete, and correct to the best of my knowledge.
E o ~ Signature Title Date
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Notice is required by 14 Code of Federal Regulations, part 77 pursuant to 49 U.S.C., Section 44718. Persons who knowingly and
willingly violate the notice requirements of part 77 are subject to a civil penalty of $1,000 per day until the notice is received, pursuant to
49 U. & C., Section 46301(a).
FAA Form 7460-2 (7-ss~ SUPERSEDES PREVIOUS EDITION ADVANCE NOTICE OF CONSTRUCTION Part 1
SUBMIT WITHOUT DELAY
Appendix A-2
~uppiemeniai ~onsiruciion ~votice
Paperwork Reduction Act Statement: This information is collected to process obstruction data that is critical to flight
safety and is not confidential. Providing this information is mandatory for anyone proposing construction or alteration that
meets or exceeds the criteria contained in 14 CFR, part 77. We estimate that the burden of this collection is an average
15 minutes per response. An agency may not conduct or sponsor, and a person is not required to respond to a collection
of information unless it displays a currently valid OMB control number. The OMB control number associated with this
collection is 2120-0001.
Minimum Standards
fog
Aeronautical Activities
at
Sebastian Municipal Airport
Adopted: April I1, 2007
Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services
TABLE OF CONTENTS
SECTION 1-GENERAL
1.1 Introduction ............................................................................................................................ l
1.2 Definitions ............................................................................................................................. l
1.3 Purpose ................................................................................................................................... 1
1.4 Conduct of an Aeronautical Service Operator ....................................................................... l
1.5 Applicability .......................................................................................................................... 2
1.6 Waivers .................................................................................................................................. 2
1.7 Violations, Penalties and Procedures ..................................................................................... 2
1.8 Categories of Aeronautical Service Operators ....................................................................... 2
1.9 Right to Amend ...................................................................................................................... 3
1.10 Effective Date ........................................................................................................................ 3
SECTION 2 GENERAL REQUIREMENTS
2.1 Application Requirement ....................................................................................................... 3
2.2 Land ....................................................................................................................................... 3
2.3 Hangars and Other Buildings ................................................................................................. 4
2.4 Aircraft Parking Apron .......................................................................................................... 4
2.5 Equipment .............................................................................................................................. 4
2.6 Personnel and Training .......................................................................................................... 4
2.7 Contract Security ................................................................................................................... 4
2.8 Insurance Requirements ......................................................................................................... 5
2.9 Airport Security ..................................................................................................................... 5
2.10 Operating Agreement ............................................................................................................. 5
2.11 Subcontracting ....................................................................................................................... 5
2.12 Construction and Site Development Standards ...................................................................... 5
2.13 General Lease Clauses ........................................................................................................... 6
2.14 Severability Clause ................................................................................................................ 6
SECTION 3 MINIMUM STANDARDS
3.1 General .....................................................................................................................................6
3.2 Waiver of Minimum Standards and Service Pioneers ............................................................. 7
SECTION 4 FIXED BASE OPERATOR
4.1 Statement of Concept ............................................................................................................... 7
4.2 General Aviation Fueling and Line Services ........................................................................... 7
4.3 Passenger Transportation ......................................................................................................... 8
4.4 Emergency Assistance ............................................................................................................. 8
4.5 Collection Agent ...................................................................................................................... 8
4.6 Other Services .......................................................................................................................... 8
4.7 Minimum Standards ................................................................................................................. 8
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Sebastian Municipal Airport
Minirnurn Standards for Aeronautical Services
SECTION 5 SASO -AIRCRAFT MAINTENANCE AND REPAIR
5.1 Statement of Concept .............................................................................................................10
5.2 Minimum Standards ...............................................................................................................10
SECTION 6 SASO -AIRCRAFT SALES
6.1 Statement of Concept .............................................................................................................11
6.2 Minimum Standards ...............................................................................................................11
SECTION 7 SASO -AIRCRAFT RENTAL
7.1 Statement of Concept .............................................................................................................12
7.2 Minimum Standards ...............................................................................................................12
SECTION 8 SASO -FLIGHT TRAINING
8.1 Statement of Concept .............................................................................................................13
8.2 Minimum Standards ...............................................................................................................13
SECTION 9 SASO -AVIONICS, INSTRUMENTS, PROPELLER REPAIR STATION
9.1 Statement of Concept .............................................................................................................14
9.2 Minimum Standards ...............................................................................................................14
SECTION 10 SASO -AIRCRAFT CHARTER AND AIR TAXI
10.1 Statement of Concept ...........................................................................................................14
10.2 Minimum Standards .............................................................................................................15
SECTION 11 SASO -AIRCRAFT STORAGE
11.1 Statement of Concept ...........................................................................................................15
11.2 Minimum Standards .............................................................................................................15
SECTION 12 SASO -SPECIALIZED COMMERCIAL FLYING SERVICES
12.1 Statement of Concept ...........................................................................................................16
12.2 Minimum Standards .............................................................................................................16
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Sebastian Municipal Airport
SECTION 13 SASO -SKYDIVING
Minirnurn Standards for Aeronautical Services
13.1 Statement of Concept ...........................................................................................................17
13.2 Minimum Standards .............................................................................................................17
SECTION 14 SASO -MULTIPLE SPECIALIZED AERONAUTICAL SERVICES
14.1 Statement of Concept ...........................................................................................................18
14.2 Minimum Standards .............................................................................................................18
SECTION 15 PRIVATELY-OWNED NON-COMMERCIAL HANGAR AND
AVIATION FUEL DISPENSING FACILITIES
15.1 Statement of Concept ...........................................................................................................19
15.2 Minimum Standards .............................................................................................................19
SECTION 16 FLYING CLUBS
16.1 Statement of Concept ........................................................................................................... 20
16.2 Minimum Standards ............................................................................................................. 21
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4/5/2007
Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services
SECTION 1
GENERAL INFORMATION
1.1 Introduction
Prudent and proper administration requires that standards establishing the minimum acceptable
qualifications of participants, level and quality of service, and other conditions that will be
required of those proposing to provide Aeronautical Services at the Airport be adopted. The
requirement to impose standards on those proposing to provide Aeronautical Services at the
Sebastian Municipal Airport is in the public interest. This requirement provides protection from
irresponsible, unsafe or inadequate service.
The adoption and enforcement of such standards ensures that the Operator is reasonably fit,
willing and able to discharge both its service obligations to its customers and its economic
obligations to the airport community, and thereby protects the aviation user, the public and the
airport community. Therefore, standards established and applied promote economic stability by
discouraging unqualified applicants and fostering the level of services desired by the public and
the City of Sebastian.
1.2 Definitions
All words, terms and phrases when used herein shall have the meanings as described in the
Definitions for Use regarding Sebastian Municipal Airport. Words, terms, and phrases which
relate to aeronautical practices, processes and equipment, not defined therein, shall be construed
according to the definitions in Title 14 of the Code of Federal Regulations, Florida Statutes
Chapter 332 or, if not defined therein, according to their general usage in the aviation industry.
1.3 Purpose
These regulations prescribe minimum standards for aeronautical services performed at the
Sebastian Municipal Airport. The purpose of these Minimum Standards is to establish a
minimum acceptable level of service and by no means expresses or implies a right to provide
services at the Airport.
1.4 Conduct of an Aeronautical Service Operator
It is the policy of the City of Sebastian to extend the opportunity for providing an Aeronautical
Service to any entity meeting the City's published standards for that service, subject to
availability of suitable space at the Airport to conduct such activities. The current FAA-approved
Airport Layout Plan for Sebastian Municipal Airport provides the basis for determining whether
suitable space is available.
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4/5/2007
Sebastian Municipal Airport
1.5 Applicability
Minirnurn Standards for Aeronautical Services
These Minimum Standards apply to any person or entity that provides one or more Aeronautical
Services at Sebastian Municipal Airport except that no provision of these Standards shall be
deemed to prohibit any person from performing maintenance and fueling with respect to its own
aircraft. The implementation of these Minimum Standards is not retroactive and do not affect the
current terms of any existing agreement of any person or entity providing one or more
Aeronautical Services at the Airport. Material changes in any agreement that is intended to
expand the level of Aeronautical Services provided at the Airport or the renewal of any expiring
agreement shall be subj ect to these Minimum Standards.
1.6 Waivers
The City may, in its sole discretion, waive all or any portion of the Minimum Standards set forth
herein for the benefit of any government or governmental agency performing non-profit public
services to the aircraft industry, or performing public services to the aircraft industry, or
performing emergency medical or rescue services to the public by means of aircraft, or
performing fire prevention or firefighting operations and law enforcement operations. The City
may further temporarily waive any of the Minimum Standards for non-governmental Operators
where the City, in its sole discretion, deems such waiver to be in the best interest or welfare of
the Airport's operation.
1.7 Violations, Penalties and Procedures
If the Airport Director determines that any of these Minimum Standards have been violated by
an entity operating on the Airport, and that he or she cannot resolve the matter satisfactorily by
notice to, and discussion with, the offending Operator, the Airport Director may then take formal
action against the offending Operator. Such action may include, but not limited to, reprimand,
fines, suspension of airport operations by the Operator, or revocation of the operator's right to
conduct business at the Airport.
1.8 Categories of Aeronautical Service Operators
The following sets forth the categories of Aeronautical Service Operators at the Sebastian
Municipal Airport:
1. Fixed Base Operators (FBO)
2. Specialized Aeronautical Service Operators (SASO):
a. Aircraft Sales
b. Aircraft Airframe, Engine, and Accessory Maintenance and Repair
c. Aircraft Rental
d. Flight Training
e. Avionics, Instrument, Propeller Repair Station
f. Aircraft Charter and Air Taxi
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4/5/2007
Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services
g. Aircraft Storage
h. Specialized Commercial Flying Services
i. Skydiving
j . Multiple Specialized Aeronautical Services
3. Privately-owned Non-commercial Hangar and Aviation Fuel Dispensing Facilities
4. Flying Clubs
1.9 Right to Amend Standards
The City of Sebastian reserves the right to adopt such amendments to these Minimum Standards
from time to time as it determines are necessary or desirable to reflect current trends of
commercial airport activity and availability of property for lease, for the benefit of the general
public or the operation of the Airport.
1.10 Effective Date
These Standards shall become effective on
SECTION 2
GENERAL REQUIREMENTS
2.1 Application Requirement
Any individual, partnership, or corporation seeking to conduct aeronautical services outlined in
these Minimum Standards must prepare and submit an application to perform such service in
accordance with the procedures outlined in Section 3 of the General Provisions for Sebastian
Municipal Airport.
2.2 Land
a. A Fixed Base Operator must lease property at the Airport sufficient to comply with the
provisions of these Standards directly from the City. Each Fixed Base Operator shall
lease from the City sufficient land to conduct its Aeronautical Services at the Airport,
including, without limitation, sufficient land for hangars, buildings, aircraft and
equipment parking and storage, automobile parking for both employees and customers,
and pedestrian access to offices and lounges.
b. A Specialized Aeronautical Service Provider may either lease such property directly
from the City, or sublease from another airport tenant, subject to approval by the City in
accordance with these provisions and those of the applicable lease documents.
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2.3 Hangars and Other Buildings
Minirnurn Standards for Aeronautical Services
The Operator shall lease or construct hangar facilities for aircraft storage and lease or construct
sufficient buildings to accommodate offices and shops to support their activities on the Airport.
2.4 Aircraft Parking Apron
The Operator shall lease or construct sufficient paved aircraft parking apron within its leasehold
premises to meet the applicable standard for their aeronautical activity. The Operator shall
provide any paved taxiways or taxilanes required for access to the Airport's taxiway system.
2.5 Equipment
a. The specific equipment requirements specified in these Minimum Standards shall be
deemed satisfied if the Operator owns leases or otherwise has sufficient access to the
equipment to provide the applicable Aeronautical Services promptly on demand
without causing any flight delays or other operational impacts at the Airport.
b. If required by the Sebastian Municipal Airport Rules and Regulations, all Vehicles
operating at the Airport shall have required permits and registrations, including permits
for operation on the Air Operations Area.
c. All Vehicles operating at the Airport shall be clearly designated with the name of the
Operator on the Vehicle as approved in writing by the Airport Director.
2.6 Personnel and Training
a. All non-management personnel in the Air Operations Area shall be suitably uniformed,
and the uniform shall identify the name of the Operator providing the service.
i.) At all times an adequate number of qualified and, where applicable, licensed
employees shall be on duty to provide a level of service consistent with these
Standards.
11.) When any Aeronautical Services are being performed, at least one qualified
supervisor shall be on duty.
b. Each Operator shall establish a written training program to ensure that all employees are
thoroughly trained and qualified to perform the tasks to which they are assigned. The
training program shall contain detailed instruction in proper operating procedures for
each j ob classification.
2.7 Contract Security
The Operator shall, prior to commencing operations at the Airport, provide the City with a cash
deposit, contract bond, irrevocable letter of credit or other security acceptable to the City
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("Contract Security") to guarantee the faithful performance by the Operator of its obligations
under the Standards and its Operating Agreement with the City.
2.8 Insurance Requirements
Every Operator shall procure and maintain continuously in effect for the duration of its activities
upon the Airport, at Operator's sole expense, insurance of the types and in at least such minimum
amounts as outlined in Section 4 of the General Provisions for the Sebastian Municipal Airport.
Such insurance shall be placed with a company, or companies, authorized to do business in the
state of Florida and satisfactory to the City.
2.9 Airport Security
All Operators shall be required to conform to the applicable requirements and procedures of any
adopted Security Plans for the Airport. The City reserves the right to impose additional security
measures based on threat vulnerability estimates at any time.
2.10 Operating Agreement
No applicant may provide an Aeronautical Service at the Airport until entering into a written
Agreement with the City. The Agreement shall be in a form acceptable to the City, shall specify
which types of Aeronautical Services the Operator is authorized to provide, and shall contain,
without limitation, provisions for fees payable to the City, insurance, indemnification, and a
security deposit or other form of contract security as required in these Standards.
2.11 Subcontracting
a. A Fixed Base Operator shall not subcontract any fueling services. Subject to the prior
written approval of the City, which may be withheld at the City's discretion, an FBO
may subcontract any other Specialized Aeronautical Service Operator (SASO). In
determining whether to grant or deny such approval, the Airport Director may consider
such factors as it deems to be pertinent and may impose such conditions, as it shall deem
to be pertinent.
b. Notwithstanding the approval by the City, all subcontractors to a Fixed Base Operator
must comply with all provisions of these standards and the FBO shall remain fully
responsible to the City for ensuring that any subcontracted Aeronautical Services are
performed in accordance with all of the provisions of these Standards.
c. Specialized Aeronautical Service Operators may not subcontract any of the services they
are authorized to provide.
2.12 Construction and Site Development Standards
Any proposed construction or development of facilities by the Operator will be subject to the
development regulations set out in the Development Guidelines and Standards for the Airport
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Leaseholds at Sebastian Municipal Airport. The purpose of the Development Guidelines and
Standards is to establish reasonable criteria to guide the development and improvement of
leaseholds on airports under the jurisdiction of the City.
All improvements constructed on the Airport, other than trade fixtures, shall become a part of the
land and belong to the City upon expiration, termination, or cancellation of the lease agreement
between the Operator and City covering such improvements. If the Operator chooses to develop
a site which is not currently served by taxiways, roadways, and/or utility services, the Operator
may be responsible for extending such services and pavement surfaces to its site at Operator's
sole expense, unless otherwise negotiated with the City. All such utility services and pavement
areas shall be constructed in full compliance with City and FAA standards, as well as the
applicable codes of other agencies having jurisdiction over the development of the Airport.
2.13 General Lease Clauses
The lease agreement with the City provisions, as required by federal, state, and local
governments (See General Provisions, Section 5). The current form of the City's draft Airport
Aeronautical Lease Agreement can be found in General Provisions, Appendix "C'.
2.14 Severability Clause
If one or more clause, section, or provision of these Minimum Standards shall be held to be
unlawful, invalid, or unenforceable by final judgment of any court of competent jurisdiction, the
invalidity of such clause, section, or provision shall not in any way affect any other clause,
section, or provision of these Minimum Standards.
SECTION 3
MINIMUM STANDARDS
3.1 General
The following standards have been developed after consideration of the above elements with
attention to their applicability at the Sebastian Municipal Airport. The standards are grouped
according to the specific type of activities to which they pertain and any applicant desiring to
provide these services at the Airport must meet the standards pertaining to that type of
aeronautical service.
The standards set forth herein are the minimum which the City will require in agreements
authorizing an entity to provide an Aeronautical Service at the Airport, and, unless specifically
limited herein, do not preclude the applicant from seeking greater operating authority than the
minimum required. The City reserves the right to adjust and/or combine the square footage of
building space or area required herein for each Aeronautical Service if more than one
Aeronautical Service is to be provided by one entity. The City reserves the right to review and
amend these Minimum Standards as necessary.
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3.2 Waiver of Minimum Standards and Service Pioneers
a. Waivers: The City may, in its sole discretion, waive all or any portion of these Minimum
Standards for the benefit of any governmental agency or public utility performing
nonprofit public services to the aircraft industry if those services are performed for:
i.) The general public in time of emergency.
ii.) Non-profit public services to the aviation industry including nonprofit emergency
medical or rescue services to the public by means of aircraft.
iii.) Fire prevention or firefighting operations.
b. The City may further temporarily waive or reduce any of these minimum Standards for
non-governmental Operators where the City, in its sole discretion, deems such waiver or
reduction to be in the best interest or welfare of the Airport's operation and is not likely
to conflict with future Operators providing like services.
c. Service Pioneers -When an Operator wishes to qualify as a Specialized Aeronautical
Service Operator in order to provide specific services not already provided at the
Airport, these Standards may be modified for a limited period of time to encourage the
expansion of services at the Airport. The temporary modification will be applied only
where such services do not already exist, and only to the extent and for the period of
time necessary to create an inducement to the establishment of such services.
d. Other Aeronautical Services -Many types of aeronautical services may exist that are too
varied to reasonably permit the establishment of specific minimum standards for each.
When specific aeronautical services are proposed which do not fall within the categories
listed in Part III or IV, such proposals will be evaluated on a case-by-case basis, taking
into consideration the desires of the proponent, the needs of the Airport, and the public
demand for such service.
SECTION 4
FIXED BASE OPERATOR
This section sets forth the minimum standards fora "full service" Fixed Base Operator (FBO) at
The Sebastian Municipal Airport.
4.1 Statement of Concept
A Fixed Base Operator engages in and furnishes a full range of aeronautical activities and
services to the public, which shall include, as a minimum, the following:
4.2 General Aviation Fueling and Line Services
Only the City and Fixed Base Operators shall be permitted to engage in the public business of
sales and dispensing of aviation fuels. No other Operator shall be permitted to engage in these
specific aeronautical business activities.
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4.3 Passenger Transportation
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Gratuitous passenger transportation services between the Leased Premises and other places of
origin and destination on the Airport for the FBO's patrons arriving onnon-commercial aircraft.
4.4 Emergency Assistance
Emergency service to disabled aircraft on the Airport, including towing or transporting of
disabled aircraft to the Leased Premises, at the request of the owner or operator of the disabled
aircraft or the City.
4.5 Collection Agent
Collection agent when requested by the City, with respect to landing, parking, or fees applicable
to any aircraft arriving at the Airport.
4.6 Other Services
The FBO must provide at least three (3) of the following specialized services either directly or
through an approved sublessee:
a. Aircraft Airframe, Engine, and Accessory Maintenance and Repair
b. Aircraft Sales
c. Aircraft Rental
d. Flight Training
e. Avionics, Instrument, Propeller Repair
f. Aircraft Charter and Air Taxi
g. Aircraft Storage
h. Specialized Commercial Flying Services
i. Skydiving
j . Banner Towing
4.7 Minimum Standards
a. Land -The Operator shall lease enough land to provide adequate space for: hangars and
other buildings; paved private auto parking; paved aircraft apron; paved pedestrian
walkways; fuel storage facilities; and all storage, servicing utilities and support facilities.
b. Hangars and Other Buildings
i.) The Operator shall lease or construct building to provide a minimum of 5,000
square feet for aircraft storage and maintenance.
ii.) The Operator shall lease or construct 1,500 additional square feet of lounge,
offices, flight planning facilities, pilot waiting areas, public restrooms and
telephone facilities.
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c. Aircraft Parking Apron -the aircraft parking apron shall be a minimum of 50,000 square
feet.
d. Fuel Storage Facilities
i.) Land for above-ground fuel storage tanks to be constructed and operated in
accordance with all applicable environmental requirements and other regulatory
requirements on the FBO's leased premises.
11.) The tank capacities shall be at least 10,000 gallons for each type of fuel being sold
to assure an adequate supply at all times. The FBO shall be required to provide
both 100LL fuel and Jet A if demand exists.
111.) The storage system must include adequate fuel spill prevention features and
containment capabilities, together with an approved fuel spill containment and
countermeasures control plan (SPCCC).
iv.) The FBO shall be required to undertake, at its expense, any environmental testing
which the City may request from time to time, and any remedial actions which the
City may determine to be necessary or appropriate as a result of such testing.
e. Mobile Dispensing Equipment
i.) The FBO shall provide at least one (1) metered filter-equipped mobile dispensing
truck for dispensing fuel, with separate dispensing pumps and meters required for
each type of fuel.
11.) All dispensers must have bottom-refilling capabilities and jet fuel dispensers must
have single point refueling capabilities. All equipment shall be maintained and
operated in accordance with OSHA, Local, State, and Federal regulations, and
FAA regulations, including but not limited to other regulatory requirements with
metering devices subject to independent inspection.
e. Aircraft Service Equipment -The FBO shall procure and maintain tools, jacks, tugs,
towing equipment, fire repairing equipment, ground power units, emergency starting
equipment, portable compressed air tanks, oxygen cart and supplies on request, fire
extinguishers, chocks, ropes, tie-down supplies, crew and passenger courtesy
transportation vehicles and a "Follow-Me" vehicle, as appropriate and necessary for the
servicing of aircraft types normally expected to use the airport.
f. Hours of Operation -All FBOs shall provide aircraft fueling and line services from 8:00
a.m. to 6:00 p.m., seven (7) days per week, and twenty-four (24) hours a day on call
service, including holidays or such other hours as may be mutually agreed upon in
writing by the City and FBO.
g. Personnel and Training -
i.) Line Service: At least one (1) fully trained and qualified fuel service person and
one (1) person to act as a qualified supervisor, customer service representative,
ramp attendant, landing/parking fee collector and dispatcher shall be on duty
during normal business operating hours unless there is a self service fueling
station in which one (1) person may act as both.
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11.) Maintenance: At least one (1) FAA-licensed aircraft mechanic shall be made
available promptly upon request. This requirement can be met by contract with a
Specialized Aeronautical Service Provider authorized to conduct Aircraft
Maintenance at the Airport.
111.) All fuel service personnel shall be suitably uniformed with the name of the FBO
thereon.
iv.) All fuel service personnel shall have successfully completed a National Aviation
Transportation Association (NATA) approved line technician safety course or
similar fuel safety course provided by a maj or fuel company supplier and be re-
certified every two (2) years.
SECTION 5
SPECIALIZED AERONAUTICAL SERVICE OPERATOR
AIRCRAFT AIRFRAME, ENGINE, AND ACCESSORY MAINTENANCE AND REPAIR
5.1 Statement of Concept
An Aircraft Airframe, Engine, and Accessory Maintenance and Repair ("Aircraft Maintenance")
Operator is a person, firm, corporation or other entity providing maintenance, repair, rebuilding,
alteration and/or inspection of an aircraft or any of its component parts. An Aircraft Maintenance
Operator must be certified by the Federal Aviation Administration under FAR 145 to perform
aircraft maintenance and shall provide only those maintenance and inspection services permitted
by its FAA certification. This category shall also include the sale of aircraft parts and
accessories, but such is not an exclusive right.
5.2 Minimum Standards
a. Land -The Operator shall lease enough land to provide space for hangars and other
buildings; paved private auto parking; paved aircraft apron; a paved pedestrian
walkway; all storage, utilities and support facilities.
b. Hangars and Other Buildings -The Operator shall lease or construct hangar facilities
providing at least 3,500 square feet for maintenance and storage of aircraft. In addition
to the hangar, the Operator must provide adequate and properly illuminated and
conditioned space for offices and shops.
c. Aircraft Apron -The Operator shall lease paved aircraft parking and storage area to
support its activities.
d. Aircraft Service Equipment
i.) The Aircraft Maintenance Operator shall at all times maintain an adequate supply
of all necessary parts, equipment and accessories.
11.) One aircraft tug of sufficient power or braking weight to handle any aircraft that
the operator is permitted to service under the Operator's FAA certificate.
111.) Such tools and equipment as required under the Operator's FAA certificate.
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e. Hours of Operation
i.) The Operator shall have the Leased Premises open and services available at least
eight (8) hours a day, five (5) days a week with a 24 hour contact telephone
number.
11.) The Operator shall provide for services during off hours through an approved
"on-call" system.
f. Personnel and Training
i.) The Operator shall have in its employ, and on duty during the appropriate
business hours, trained personnel in such numbers as are required to meet these
Minimum Standards.
11.) The Operator shall maintain during business hours, a qualified person in charge to
supervise its operations on the Airport and with the authorization to represent and
act for and on behalf of the Operator.
SECTION 6
SPECIALIZED AERONAUTICAL SERVICE OPERATOR -AIRCRAFT SALES
6.1 Statement of Concept
a. New Aircraft Sales: An aircraft sales Operator engages 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 provides such repair, services and parts as necessary to meet any
guarantee or warranty on aircraft sold.
b Used Aircraft Sales: Many companies engage in the purchasing and selling of 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
support the operation of aircraft sold. Some of the requirements may not be appropriate
to the sale of used aircraft because of each aircraft's unique operational history.
6.2 Minimum Standards
a. Land -The Operator shall lease enough land to provide space for buildings; paved
private auto parking; paved aircraft apron; a paved pedestrian walkway; all storage,
utilities and support facilities.
b. Buildings -The Operator shall provide a minimum of 20o square feet of illuminated and
conditioned space for offices and public areas.
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c. Aircraft Apron -The Operator shall lease paved aircraft parking and storage area to
support its activities.
d. Aircraft Service Equipment -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 parts for
the type of new aircraft for which sales privileges are granted. The Operator engaged in
the business of selling new aircraft shall have available a representative example of the
product.
e. Hours of Operation -The Operator shall have the Leased Premises open and services
available at least eight (8) hours a day, five (5) days a week.
f. Personnel and Training -The Operator shall have in his employ, and on duty during the
appropriate business hours, trained personnel in such numbers as are required to meet
these Minimum Standards.
SECTION 7
SPECIALIZED AERONAUTICAL SERVICE OPERATOR -AIRCRAFT RENTAL
7.1 Statement of Concept
An aircraft and/or ultralight vehicle lease or rental Operator engages in the rental or lease of
aircraft and/or ultralight vehicle to the public.
7.2 Minimum Standards
a. Land -The Operator shall lease enough land to provide space for buildings; paved
private auto parking; paved aircraft apron; a paved pedestrian walkway; all storage,
utilities and support facilities.
b. Buildings -The Operator shall provide a minimum of 20o square feet of illuminated and
conditioned space for offices and public areas, and access to public restrooms.
c. Aircraft Apron -The Operator shall lease paved aircraft parking and storage area to
support its activities.
d. Aircraft Equipment -The Operator shall have available for rental, either owned or under
written lease to the Operator, two (2) certified and currently airworthy aircraft.
e. Hours of Operation -The Operator shall have the Leased Premises open and services
available at least eight (8) hours a day, five (5) days a week with a 24 hour contact
telephone number.
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f. Personnel and Training -The Operator shall have in his employ and on duty during the
appropriate business hours, trained personnel in such numbers as are required to meet
these Minimum Standards.
SECTION 8
SPECIALIZED AERONAUTICAL SERVICE OPERATOR -FLIGHT TRAINING
8.1 Statement of Concept
A flight training Operator engages in instructing pilots in dual and solo flight training, in fixed
wing, rotary wing or ultralight aircraft, and provides such related ground school instruction as is
necessary preparatory to taking a written examination and flight check ride for the category or
categories of pilots' licenses and ratings involved.
8.2 Minimum Standards
a. Land -The Operator shall lease enough land to provide space for buildings; paved
private auto parking; paved aircraft apron; a paved pedestrian walkway; all storage,
utilities and support facilities.
b. Buildings -The Operator shall provide a minimum of 40o square feet of illuminated and
conditioned space for offices, classrooms and pilot briefings, and public areas, and
access to pu is restrooms.
c. Aircraft Apron -The Operator shall lease paved aircraft parking and storage area to
support its activities.
d. Aircraft Equipment -The Operator shall have available for flight training, either owned
or under written lease to the Operator, two (2) certified and currently airworthy aircraft.
e. Hours of Operation -The Operator shall have the Leased Premises open and services
available at least eight (8) hours a day, five (5) days a week with a 24 hour contact
telephone number.
f. Personnel and Training -The Operator shall have in his employ and on duty during the
appropriate business hours, trained personnel in such numbers as are required to meet
these Minimum Standards.
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SECTION 9
SPECIALIZED AERONAUTICAL SERVICE OPERATOR
AVIONICS, INSTRUMENTS, PROPELLER REPAIR STATION
9.1 Statement of Concept
An avionics, instrument or propeller repair station Operator engages in the business of and
provides a shop for the repair of aircraft avionics, propellers, instruments, and accessories for
aircraft. This category may include the sale of new or used aircraft avionics, propellers,
instruments and accessories. The Operator shall hold the appropriate repair station certificates
issued by FAA for the types of equipment being serviced and/or installed.
9.2 Minimum Standards
a. Land -The Operator shall lease enough land to provide space for buildings; paved
private auto parking; paved aircraft apron; a paved pedestrian walkway; all storage,
utilities and support facilities.
b. Buildings -The Operator shall lease or construct 3,500 square feet of combined offices,
support maintenance and storage areas, public restrooms and telephone facilities.
c. Aircraft Apron -The Operator shall lease paved aircraft parking and storage area to
support its activities.
d. Aircraft Service Equipment -The Operator shall at all times maintain an adequate
supply of all necessary parts, equipment, tools, and accessories required under the
operator's FAA certificate.
e Hours of Operation -The Operator shall have the Leased Premises open and services
available at least eight (8) hours a day, five (5) days a week.
f. Personnel and Training -The Operator shall have in his employ and on duty during the
appropriate business hours trained personnel in such numbers as are required to meet
these Minimum Standards.
SECTION 10
SPECIALIZED AERONAUTICAL SERVICE OPERATOR
AIRCRAFT CHARTER AND AIR TAXI
10.1 Statement of Concept
An on-demand, or scheduled air charter or air taxi Operator engages in the business of providing
air transportation (persons or property) to the general public for hire, on an unscheduled or
scheduled basis under CFR 14 Part 13 5 of the Federal Aviation Regulations.
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10.2 Minimum Standards
a. Land -The Operator shall lease enough lan
private auto parking; paved aircraft apron; a
utilities and support facilities.
Minirnurn Standards for Aeronautical Services
d to provide space for buildings; paved
paved pedestrian walkway; all storage,
b. Buildings -The Operator shall lease or construct 500 square feet of combined offices,
and support space, and provide access to public restrooms and telephone facilities.
c. Aircraft Apron -The Operator shall lease paved aircraft parking and storage area to
support its activities.
d. Aircraft Equipment -The Operator shall provide, either owned or under written lease,
intended to be used by the Operator, at least one (1) aircraft which must meet the
requirements of the air taxi commercial certificate held by the Operator.
e. Hours of Operation -The Operator shall have the Leased Premises open and services
available at least eight (8) hours a day, five (5) days a week with a 24 hour contact
telephone number.
f. Personnel and Training -The Operator shall have in his employ and on duty during the
appropriate business hours trained personnel in such numbers as are required to meet
these Minimum Standards.
SECTION 11
SPECIALIZED AERONAUTICAL SERVICE OPERATOR -AIRCRAFT STORAGE
11.1 Statement of Concept
An Aircraft Storage Operator engages in the rental of conventional multi-aircraft hangars or
multiple individual T-hangars.
11.2 Minimum Standards
a. Land -The Operator shall lease enough land to provide space for buildings; paved
private auto parking; paved aircraft apron; a paved pedestrian walkway; all storage,
utilities and support facilities.
b. Hangars -The Operator shall:
i.) lease or construct 3,500 square feet for a conventional multi-aircraft storage
hangar, or
11.) lease or construct a minimum of eight (8) T-hangar storage units, and
111.) construct or provide access to public restrooms.
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c. Aircraft Apron/Taxilanes -The Operator shall lease or construct paved aircraft parking
and access to such facilities to support its activities.
d. Aircraft Services/Equipment -The Operator shall
i.) have his facilities available for the tenant's aircraft removal and storage on a
continuous basis.
11.) provide sufficient personnel and equipment to meet all requirements for the
storage of aircraft.
e. Hours of Operation -The Operator shall have the Leased Premises open and services
available 24 hours per day, 7 days per week.
f. Personnel and Training -The Operator shall have in his employ and "on call", trained
personnel in such numbers as are required to meet these Minimum Standards.
SECTION 12
SPECIALIZED AERONAUTICAL SERVICE OPERATOR
SPECIALIZED COMMERCIAL FLYING SERVICES
12.1 Statement of Concept
A specialized commercial flying services Operator engages in air transportation for hire for the
purpose of providing the use of aircraft for the following activities:
a. Non-stop sightseeing flights that begin and end at the Airport.
b. Crop dusting, seeding, spraying and bird chasing.
c. Banner towing and aerial advertising.
d. Aerial photography or survey.
e. Power line or pipe line patrol.
f. Fire fighting.
12.2 Minimum Standards
a. Land -The Operator shall lease enough land to provide space for buildings; paved
private auto parking; paved aircraft apron; a paved pedestrian walkway; all storage,
utilities and support facilities.
b. Buildings -The Operator shall lease or construct 200 square feet of combined offices,
and support space, and provide access to public restrooms and telephone facilities.
c. Aircraft Apron -The Operator shall lease paved aircraft parking and storage area to
support its activities.
d. Other Requirements - In the case of crop dusting or aerial application, the Operator shall
make suitable arrangements and have such space available in his leased area for safe
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loading and unloading and storage and containment of chemical materials. A written
emergency plan for the handling of hazardous materials will be required. All spills shall
immediately be reported to the City. All companies' shall demonstrate that they have the
availability of aircraft suitably equipped and certified for the particular type of operation
they intend to perform.
e. Personnel and Training -The Operator shall have in his employ, and on duty during
appropriate business hours, trained personnel in such numbers as may be required to
meet these Minimum Standards.
SECTION 13
SPECIALIZED AERONAUTICAL SERVICE OPERATOR -SKYDIVING
13.1 Statement of Concept
A Skydiving Operator engages in skydiving, parachuting, and or any other activity in which
persons and/or objects are released from an aircraft in flight and provides such related ground
and aerial instruction as is necessary preparatory for certification for the category or categories
of skydiving ratings involved.
13.2 Minimum Standards
a. Land -The Operator shall lease adequate land to provide space for buildings; paved
private auto parking; paved aircraft apron; a paved pedestrian walkway; all storage,
utilities and support facilities.
b. Buildings -The Operator shall provide at least 1,000 square feet of office space and
lounge with adequate space for customer/member lounge, administration, public
telephone, and restrooms. At least 250 square feet of the building shall be dedicated to
Skydiving Manifest/Customer Service Activities.
c. Aircraft Apron -The Operator shall lease paved aircraft parking and storage area to
support its activities.
d. Aircraft Equipment -The Operator shall, either owned by or under written Lease to
Operator and under the exclusive control of Operator, at least one (1) certified, airworthy
Aircraft capable of carrying at least four (4) jumpers in addition to a pilot and copilot (if
require ).
e. Hours of Operation -The Operator shall have the Leased Premises open and services
available at least eight (8) hours a day, five (5) days a week with a 24-hour contact
telephone number.
f. Personnel and Training -The Operator shall provide a sufficient number of personnel
trained to adequately and safely carry out skydiving Services and Activities in a
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courteous, prompt, and efficient manner adequate to meet the reasonable demands of the
public/members seeking such services. In addition, at all times during skydiving
operations, Operator must have at least one employee certified in First Aid on the leased
premises..
SECTION 14
SPECIALIZED AERONAUTICAL SERVICE OPERATOR
MULTIPLE SPECIALIZED AERONAUTICAL SERVICES
14.1 Statement of Concept
This section would apply to any Specialized Aeronautical Service Provider that engages in any
two (2) or more of the specialized aeronautical services for which Minimum Standards have been
developed. The sale of aviation fuels and lubricants are not included in this category. These
functions are reserved solely to Fixed Base Operators as set forth in Section 6 of this document.
14.2 Minimum Standards
a. Land -The Operator shall lease from the City, or sublease from an FBO, an area that is
equal to the total area required by the sum of the minimum land area required under the
individual specialized services the Operator is providing.
b. Hangars and Other Buildings -The Operator shall lease or construct hangar facilities
providing a total square footage that is equal to the total area required by the sum of the
minimum hangar size required under the individual specialized services the Operator is
providing.
c. Aircraft Apron -The Operator shall lease or construct paved aircraft parking apron that
provides a total square footage that is equal the total area required by the sum of the
minimum apron area required under the individual specialized services the Operator is
providing.
d. Hours of Operation -The Operator shall adhere to the hours of operation required
elsewhere in these Minimum Standards for each specialized aeronautical service being
prove e .
e. Equipment -The Operator shall provide the facilities, equipment and services required
to meet the Minimum Standards as provided for each specialized aeronautical service
the Operator is performing.
f. Personnel -The Operator shall have in its employ and on duty during the appropriate
business hours, trained personnel in such numbers as are required to meet the Minimum
Standards for each specialized aeronautical service the Operator is providing. Multiple
responsibilities may be assigned to meet the personnel requirements for each specialized
aeronautical service being performed.
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Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services
SECTION 15
PRIVATELY-OWNED NON-COMMERCIAL HANGAR AND AVIATION FUEL
DISPENSING FACILITIES
15.1 Statement of Concept
This section is provided to provide guidance for only those Tenants desiring to lease land
directly from the City to construct aprivately-owned hangar and in addition, to install and
dispense aviation fuels on-site for its own aircraft. This standard does not apply to those Tenants
who desire to lease land and construct aprivately-owned hangar without self fueling facilities.
For the former group, the following minimum operating standards shall apply:
15.2 Minimum Standards
a. Land -The leasehold shall contain not less than 43,560 square feet (one acre) of land to
provide space for: all buildings; paved aircraft parking apron; paved private employee
automobile parking, vehicular driveways and service access-ways, minimum building
setbacks from edges of the leasehold. If the Tenant desires to maintain its own aviation
fuel farm facility, such facility shall be located within the above-described leasehold
area, subject to applicable building and fire codes. In addition to the minimum leasehold
requirement for hangar facilities, the Tenant shall provide at its own expense, paved
taxiway access to the Airport's existing taxiway system. Such taxiways provided by
Tenant shall be constructed in full conformance with applicable Airport and FAA
standards for the largest type of aircraft expected to use the taxiway.
b. Buildings - A building shall be leased or constructed which will provide a minimum of
5,000 square feet of aircraft storage space, exclusive of workshops, offices, storage,
employee lounge area and restroom facilities
c. Aircraft Apron -The Operator shall leese or construct an aircraft parking apron
adequate to support its activities.
d. Personnel -Properly trained and certificated persons shall be on duty during hours of
operation. The Tenant shall submit to the City certifications of the training in safety
procedures received by each person who will conduct aviation fuel dispensing
operations on its premises, if applicable.
e. Services Permitted -The Lessee shall not sell, barter, trade, share, sub-lease or in any
other manner provide hangar space, fuel or fueling facilities to any other Airport tenant
or user, or to any other aircraft except those aircraft owned or leased for the exclusive
use of the tenant designated in the Airport lease agreement. Lessee shall use the leased
premises solely for storage, maintenance and servicing of its own aircraft with its own
personnel. No commercial activity of any kind shall be permitted on the premises. No
Aeronautical Services of any kind except operation and servicing of its own aircraft
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shall be permitted on the premises. Commercial activity is herein defined as the
operation of any business for the exchange, trading, buying, hiring, selling or bartering
of any commodities, goods, services or property of any kind or any other revenue-
producing activity, whether or not a profit is produced. Hangar, office, shop or ramp
space shall not be shared, subleased or used by anyone other than the Lessee of the
Premises. Lessee shall not exercise any other rights or privileges reserved to Fixed Base
Operators or Specialized Fixed Based Operators at the Airport under these Minimum
Standards.
f. Fuel Facilities
i.) The Lessee shall be permitted to construct and maintain its facilities at its own
expense, to conduct self fueling operations in compliance with all applicable
Federal, State, local laws, ordinances, standards and regulations, whether currently
in effect or enacted hereafter. Lessee shall enter into an airport fueling agreement
with the City which provides for, among other things, current safety, operational
and maintenance requirements for fuel farms; payment of fuel flowage fees;
inspection of fuel farms; training and testing of fueling personnel; and current FAA
procedures for aircraft fueling operations.
11.) Fuel farm facilities shall contain adequate capacity for each FAA-approved turbine
aviation (Jet A) and aviation gasoline (AvGas) fuels. Properly metered and filtered
fixed dispensers for above or below-ground fuel storage tanks shall be provided on
the premises. No mobile fuel dispensing equipment shall be permitted.
g. Specific Instructions of Use of Premises
i.) Aircraft based and serviced upon the premises shall be directly owned by, or
exclusively leased in writing for a minimum period of six (6) months to the Tenant.
11.) All maintenance and service work conducted on the premises and performed on the
tenant's aircraft shall be performed only by direct, full-time permanent employees
of the tenant, or by any FBO or SASO based upon the Airport which have written
agreements with the City authorizing such Operators to conduct said activities.
SECTION 16
FLYING CLUBS
16.1 Statement of Concept
A Flying Club is anon-profit organization organized for the express purpose of providing its
members with an aircraft(s) for their personal use and enj oyment only.
16.2 Minimum Standards
a. Each club must be registered as anon-profit corporation or partnership.
b. Each member must be a bona fide co-owner of the aircraft or stockholder in the
corporation.
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Minirnurn Standards for Aeronautical Services
c. The club may not derive greater revenue from the use of its aircraft than the amount
necessary for the actual operation, maintenance, and replacement of its aircraft.
d. The club shall file and keep current with the City a complete list of the club's
membership and investment share held by each member.
e. The club's aircraft shall not be used by other than bona fide members for rental and shall
not be used by anyone for commercial operations.
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Development Guidelines
and
Standards for Airport Leaseholds
at
Sebastian Municipal Airport
Adopted: April I1, 2007
Sebastian Municipal Airport Development Guidelines and Standards
TABLE OF CONTENTS
SECTION 1-GENERAL INFORMATION .............................................................................1
SECTION 2 -LEASE APPLICATION (PHASE 1) ..................................................................1
SECTION 3 -CONCEPTUAL SITE PLAN/LEASE NEGOTIATION (PHASE 2)
3.1 General ..........................................................................................................................2
3.2 Conceptual Site Plan Components ................................................................................2
3.3 Preliminary Review of Conceptual Site Plan ................................................................2
SECTION 4 -DETAILED SITE PLAN (PHASE 3)
4.1 General ..........................................................................................................................3
4.2 FAA Notice of Proposed Construction .........................................................................3
4.3 Subsequent Changes to Exterior Design .......................................................................3
SECTION 5 -BUILDING PERMITS (PHASE 4)
5.1 Architectural Plans ........................................................................................................4
5.2 Civil Plans .....................................................................................................................4
5.3 Building Permit Submittal and Review .........................................................................5
SECTION 6 -INSPECTIONS .....................................................................................................5
SECTION 7 -SUMMARY ..........................................................................................................5
APPENDIX A Contacts Information/Development Flowchart
APPENDIX B Development Guidelines And Standards For Airport Leaseholds
APPENDIX C Airport And Industrial Facilities District (AN)
APPENDIX D Industrial Facilities (IN)
APPENDIX E Airport Height Limitations
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SECTION 1
GENERAL INFORMATION
The City of Sebastian is responsible for ensuring that the Sebastian Municipal Airport, and the
Airport-owned industrial property, is operated and developed as an asset to the community and
to its tenants and users. To assist in this effort, these Development Guidelines and Standards
have been prepared to assure that the quality of new development is maintained. The intent of
these Guidelines and Standards is to implement Development Standards that are reasonable,
promote safety, and encourage creativity and quality in design and construction which will
enhance the appearance of all future development at the Airport. These Guidelines and
Standards should be considered the minimum level of effort and development that exceeds these
Guidelines and Standards are encouraged.
All words, terms and phrases when used herein shall have the meanings as described in the
Definitions for Use regarding Sebastian Municipal Airport. Words, terms, and phrases which
relate to aeronautical practices, processes and equipment, not defined therein, shall be construed
according to the definitions in Title 14 of the Code of Federal Regulations, Florida Statutes
Chapter 332 or, if not defined therein, according to their general usage in the aviation industry.
The development process at Sebastian Municipal Airport begins with identifying a lot for
development and ends with a certificate of occupancy being issued and the Lessee occupying the
building. The development process can be described in the following four phases.
SECTION 2
LEASE APPLICATION (PHASE 1)
The purpose of Phase I is to determine the needs of the prospective Lessee and to identify a
suitable site on the Airport that best meets the needs of the Lessee while remaining compatible
with the current and future development of the Airport. A prospective Lessee is required to
submit a business application to conduct commerce at the Airport prior to negotiating a lease and
beginning development of the leasehold.
As part of the application process, the prospective Lessee will provide City staff with adequate
information for review regarding the business enterprise as well as background information on
each of the business entity's responsible individuals. Background research will include credit
and criminal history. By the end of Phase 1, the Lessee will have a better understanding of the
requirements needed to complete the proposed development and the City's staff will have an
understanding of the intended use and purpose of the development.
For more detailed information on the business application and draft lease document, please refer
to the City's General Provisions for the Airport. Prospective providers of aeronautical services
also should carefully review the City's Minimum Standards for Aeronautical Activity
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SECTION 3
CONCEPTUAL SITE PLAN /LEASE NEGOTIATION (PHASE 2)
3.1 General
The purpose of Phase 2 is for the prospective Lessee to submit for review a proposed
conceptual site plan for the property and to initiate negotiations for a lease agreement
satisfactory to both parties. Upon approval of the business application, the prospective
Lessee will prepare and submit for review, a conceptual site plan illustrating the proposed
development.
Concurrent with the review of the conceptual site plan, a lease agreement will be drafted
for the City's Legal Counsel to review and ultimately recommend for approval by the City
Council. Please note that it is the prospective Lessee's responsibility to complete a
boundary survey of the proposed parcel which will be included in the lease agreement as
"Exhibit A." At the end of Phase 2, the Lessee will have an approved lease agreement and
will be able to prepare and submit a detailed site plan.
After approval of the prospective Lessee's business application, a site suitable and
acceptable to both the City and the prospective Lessee will be identified. The prospective
Lessee will then prepare a conceptual site plan illustrating the proposed development.
3.2 Conceptual Site Plan Components
As a minimum, a conceptual site plan shall be a scaled drawing including the following
components:
a. Proposed type of use (i.e., Wholesale Warehouse, Commercial Office, etc.)
b. Parcel boundaries and adjacencies
c. Proposed access and parking layout
d. Footprint of building(s) and other structures.
e. Stormwater features (retention ponds, etc.)
f. If an aeronautical use is proposed, apron and access to airfield.
3.3 Preliminary Review of Conceptual Site Plan.
A preliminary review of the conceptual site plan will be conducted by City staff to evaluate
the development proposal in general. Conceptual plans that are incomplete, do not conform
with the current or proposed Airport Layout Plan (ALP) or the general intent of the
development area, or otherwise potentially interferes with the operation of the Airport, will
not be approved. Staff recommendation to the City Council for approval of the lease and to
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Development Guidelines and Standards
proceed with Phase 3 will be withheld until the conceptual site plan has been conditionally
accepted by the city's Growth Management Director and the Airport Director. The
conceptual site plan will be made part of the lease agreement and deviations from the
accepted conceptual plan may result in default of the lease agreement.
SECTION 4
DETAILED SITE PLAN (PHASE 3)
4.1 General
Phase 3 involves the development of a detailed site plan for the proposed development.
After approval of the Lessee's conceptual site plan and execution of the lease agreement,
the Lessee shall prepare and submit a detailed site plan for formal review by the City's
Growth Management Director. Refer to Article XVIII, "Site Plan Review Procedures" of
the City's Land Development Code for specific requirements for preparing and submitting
a detailed site plan for review. After the administrative review of the site plan by City staff
and any discrepancies with the City's Land Development Code have been resolved, the
plan will be forwarded to the Planning and Zoning Commission for review and formal
approval.
The following information relates to special requirements and considerations for
development at the Sebastian Municipal Airport, in addition to the City's Land
Development Code.
4.2 FAA Notice of Proposed Construction
Upon approval of the final site plan, the prospective Lessee shall prepare and submit FAA
Form 7460-1, Notice of Proposed Construction or Alteration, to the FAA Orlando Airports
District Office. For more information, review Airport's "General Provisions, Section 11 ".
Note: The FAA Form 7460-1 instructions direct the submitter to send the form to the FAA
Regional Office in Atlanta however, since the development will occur on Airport Property
and will affect the Airport Layout Plan for the Airport, the form should be submitted
directly to the Orlando Airports District Office for coordination and evaluation. The Lessee
should receive a "Notice of No Air Hazard" from the FAA indicating that they have
officially evaluated the proposal and impose no objection to the proposed development. A
copy of the Notice shall be attached to the Lessee's Building Permit Application.
4.3 Subsequent Changes of Exterior Design.
Changes to the exterior of any structure at the Airport shall require review and approval by
the Airport Director and the Growth Management Director. Such changes shall include, but
are not limited to, colors, building materials, roof finishes, and signage. Routine
maintenance and replacement of materials which do not affect the approved exterior design
shall be exempt from such review and approval. Changes to the height, footprint or other
features of the Site Plan require review and approval by the Planning and Zoning
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Development Guidelines and Standards
Commission. In addition, submittal of a new FAA Form 7460-1 may be required if
proposed changes include a higher structure.
SECTION 5
BUILDING PERMITS (PHASE 4)
The application and issuance of building permits, preparation of building design documents and
construction is included in Phase 4. Construction is naturally dependent on the complexity of the
building, weather, and other variables. With the successful culmination of Phase 4, the Lessee
will have completed construction and will be issued a Certificate of Occupancy.
After approval of the Detailed Site Plan, the Lessee is required to file for a Building Permit to
initiate construction activities. In addition to completing the Building Permit Application form,
the Lessee must prepare construction plans (each sheet sealed by the architect and/or design
engineers) for review by the appropriate City Departments. Construction plans shall include the
following information.
5.1 Architectural Plans
a. Structural drawings.
b. Mechanical, Electrical and Plumbing plans (if applicable). The Electrical plans will
include service requirements and electrical load calculations.
c. Floor plan of the building including uses for each area.
d. Exterior elevations.
e. Engineered foundation plans sealed by the design engineer along with a statement that
the foundation is designed for the soil conditions at the proposed site.
f. UL assembly numbers for any fire rated walls or partitions.
5.2 Civil Plans
Approved Detailed Site Plan indicating the following:
a. Site plan: including the building footprint, set-backs from property lines, existing and
proposed easements, proposed parking spaces with dimensions, and location of solid
waste container with proposed screening.
b. Utility Site Plan: including all proposed water, sewer and electric service lines on the site.
c. City Water/Wastewater location map.
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Development Guidelines and Standards
d. Parking Lot Layout: including structural details for the proposed parking and drive isle
surfaces.
e. Site Grading and Drainage Plan: including stormwater runoff calculations for culverts or
underground drainage flues.
5.3 Building Permit Submittal and Review
When plans are complete, the Building Permit Application along with the seven (7) sets of
construction plans should be submitted to the Building Department. After the plans have been
submitted, they will be distributed to and reviewed by the appropriate City departments and other
agencies for review.
Upon completion of the initial plan review, the Lessee will be notified that the Building Permit is
ready or that comments are available and revisions will be required. In some instances, a
revision of the plans will be required in order to ensure that all city codes and other development
standards have been met. Should the comments require plan revisions, a revised set of plans will
need to be submitted for subsequent review. Upon the approval of the plans and payment of the
applicable permit fees, a Building Permit for the project will be issued.
SECTION 6
INSPECTIONS
After a Building Permit has been issued for the development project and construction begins,
there are certain inspections that will be required for each stage of construction. It is the
responsibility of the contractor to ensure that the appropriate inspections are requested,
conducted, and approved prior to proceeding with construction.
Inspections will be performed by the next business day from when the inspection is scheduled.
Inspections can be scheduled on-line from the link to the Building Department at
www.cityofsebastian.org and using the contractor's ID number assigned by the Building
Department, or the inspection can be scheduled by phone at (772) 589-5537.
A series of inspections will be conducted by the City's Building Inspector at appropriate
milestones during construction. A Final Certificate of Occupancy will only be issued after all
inspections have been approved, all required documentation has been submitted, all outstanding
fees have been paid and only after having obtained approvals from IRC Fire Department, Growth
Management Department, Engineering Department, Airport Director, and all other outside
agencies as applicable.
SECTION 7
SUMMARY
It should be noted that the description of the development process is general in nature and does
not endeavor to be exact. Check each agency for updated requirements. A list of pertinent City
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Development Guidelines and Standards
departments with contact names and numbers are included as Appendix A-l . The development
process is illustrated in flowchart form as Appendix A-2.
Appendix B presents detailed information on specific requirements for development necessary to
maintain the appropriate site planning, architecture, engineering, signage, landscaping and other
standards for the Airport. Appendix C and D presents the City's "Airport and Industrial
Facilities District (AI)" and "Industrial Facilities (IN) " zoning, land use, and performance
criteria for development at the Airport. Appendix E presents the City's "Airport Height
Limitations" performance criteria for protecting the airspace of the Sebastian Municipal Airport
from encroachment.
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Appendix A-1
Contact Information
Development Guidelines and Standards
City Departments
Name Department Title Contact Info
(772) 228-7001 office
Joseph Griffin Airport Airport Director (772) 228-7078 fax
riffin ci ofsebastian.or
Growth Management ~772~ 589-5518 office
Rebecca Grohall Growth Management Director X772) 388-8242 fax
r rohall ci ofsebastian.or
(772) 228-8152 office
Public Works (772) 228-7077 fax
(772) 589-5537 office
Wayne Eseltine Building Director (772) 589-2566 fax
weseltine cityofsebastian.org
(772) 589-5490 office
David Fisher Engineering City Engineer (772) 589-6209 fax
dfisher cityofsebastian.org
(772) 589-5233 office
Jim Davis Police Police Chief (772) 388-1872 fax
(772) 388-8200 office
Al Minner Administration City Manager (772) 581-0149 fax
aminner cityofsebastian.org
Other Useful Contacts
Karen Garrett- St Johns River Water
Stormwater Permitting (800) 295-3264
Krause Management District
Jefferey Diggs Indian River County
Fire Department Captain Fire Inspector (772) 770-5121 office
Indian River County X772) ~~0-5300 x1823 office
Gordon Sparks Utilities Water & Sewer (772) 770-5143 fax
Indian River County (772) 794-7440 office
Glenn Schuster Health Department Septic System (772) 794-7447 fax
(772) 489-6204 office
Dennis Pagano Florida Power & Light Electrical Hookups
A-1
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Sebastian Municipal Airport
Development Guidelines and Standards
Appendix B
DEVELOPMENT GUIDELINES AND STANDARDS
FOR AIRPORT LEASEHOLDS
B.1 Intent
The Development Guidelines and Standards identify specific functional, architectural, and site
design considerations which are designed to enhance the visual appearance of all new
development at the Sebastian Municipal Airport, while providing cost effective design
flexibility. The intent of these Guidelines and Standards is to promote a basic level of
architectural and site design features which incorporate exterior building appearance, vehicular
use areas, landscaping, exterior lighting, and signage treatments, thus providing a comprehensive
plan for building design and site development at the Airport. The Development Guidelines and
Standards are intended to supplement and enhance the City of Sebastian's Land Development
Code.
B.2 Purpose
The overall purpose of the Development Guidelines and Standards is to:
a. Promote the efficient use of Airport property.
b. Promote an aesthetically attractive appearance for designated areas of the Airport;
c. Provide for a sufficient amount of attractive and well-maintained landscaping to
complement buildings and structures;
d. Encourage development of attractive buildings;
e. Ensure unobtrusive and orderly signage that averts a garish and visually cluttered
appearance;
f. Encourage creative approaches that result in buildings of enduring character through use of
quality design and building materials.
g. Ensure that land uses are compatible with aviation activity.
h. Conform to current FAA Design Standards and Advisory Circulars.
B.3 Compatible Land Use
Use of land comprising the Sebastian Municipal Airport is designed to enhance the aviation
aspect of the Airport while encouraging the development of additional revenue sources to
complement the Airport's financial resources. This is accomplished using an appropriate mix of
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Development Guidelines and Standards
aviation-related uses (airfield), as well as aeronautical and non-aeronautical uses (typified as
commercial, light industrial, manufacturing, and office uses).
Any development at the Airport shall not be detrimental to the health and welfare of the airport
tenants, users and adjacent residential communities by increasing noise levels or by the emission
of odors, dust, smoke, or fumes.
In addition, the FAA requires that no development on or near the Airport shall be permitted that
would potentially interfere with airport, aircraft, or navigational aid operations due to exterior
lighting, communication, emissions, building locations, or operational aspects of any sort.
B.4 General Code Requirements
a. Codes
All buildings, hangars, and other structures located on Airport property shall conform to the
City's Land Development Code as well as all other regional, state, or national building,
safety, and fire protection codes applicable for the intended use of the facility.
b. Site Development Standards
All buildings, hangars, and other structures located on Airport property shall be developed
in conformance with the site development standards of Sec 54-2-5.7, "Airport and Industrial
Facilities District" of the City's Land Development Code (See Appendix C)
c. Building Location and Height (Aeronautical Use)
The location of buildings or structures intended for aeronautical use shall be consistent with
the current Airport Layout Plan (ALP). (See the Airport's "General Requirements ")
Buildings shall not be closer to the airfield and the Air Operations Area (AOA) than the
building restriction line (BRL) as defined in the ALP. In addition to the minimum BRL
setback, no building or structure may penetrate the imaginary surfaces defined by 14 CFR
Part 77, Sec 54-2-7.12, "Airport Height Limitations" of the City's Land Development Code
(See Appendix E), or exceed a height of 35 feet above ground level.
d. Building Location and Height (Non Aeronautical Use)
The location of buildings or structures intended for non-aeronautical use shall be consistent
with the current Airport Layout Plan (ALP). (See the Airport's General Requirements). No
building or structure may penetrate the imaginary surfaces defined by 14 CFR Part 77, Sec
54-2-7.12, "Airport Height Limitations" of the city's Land Development Code (See
Appendix E), or exceed a height of 35 feet above ground level.
e. Setbacks
Buildings, structures and vehicle parking areas shall be set back from the airfield/AOA
including runways, taxiways, taxilanes, aircraft parking areas, and other areas used by
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Development Guidelines and Standards
aircraft in compliance with the design standards as depicted on the Airport Layout Plan.
Otherwise, building and vehicle parking setbacks shall be consistent with or exceed those
specified in the City's Land Development Code.
f. Building Orientation
Buildings shall be oriented to minimize service docks, dumpsters, refuse collection areas,
stockpiles, and overhead doors to public view. For buildings contiguous to the Airport
Operations Area (AOA), separate entrances for airside and landside users shall be provided.
g. Mechanical Equipment
All mechanical equipment, including all roof mounted equipment and satellite dishes, shall
be enclosed or screened as an integral part of the architectural design and shall not be in
public view. The screen shall be opaque in nature and be a minimum of six feet tall. The
screen material may be masonry or metal cladding, with the colors and finishing reflecting
those used in the primary building.
Mechanical equipment located on the roof of the building shall be screened from public view
using an opaque parapet wall. The parapet wall shall be an extension of the exterior walls.
The parapet wall shall reflect the color and materials of the primary building. Non-glare or
non-reflective material shall be utilized for any mechanical equipment that is roof mounted.
Additionally, all roof appurtenances projecting above the roof line, such as exhaust fans,
heating and air conditioning units, condensers, elevator equipment, plumbing vents, and
stacks shall be screened from public view.
h. Building Appearance
Exterior colors, finishes, and textures shall harmonize with the palette established by the
example of the Airport Administration Building (i.e., muted earth tones). The City reserves
the right to disapprove exterior materials or finishes that will detract from the overall visual
impression of the Airport. Since roofs are highly visible to public view and from aircraft
using the Airport, care shall be given that the building roof is attractively designed and
constructed. Signs, lettering, designs, or other graphics shall not be placed, painted, or
otherwise located on the roof.
i. Approved Types of Construction and Materials
The objective of the City is to ensure that all new construction at the Airport is high quality
and utilizes materials and finishes which will maintain their appearance with low
maintenance. To promote this objective:
1. All building drawings, elevations and specifications shall be approved by the City prior
to construction.
2. Hangars and hangar-type buildings shall be constructed with steel or aluminum with
non-glare roofing. All exterior metal surfaces shall have a durable finish applied at the
point of manufacture and color shall be consistent with the muted earth tone palette.
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Development Guidelines and Standards
3. Permanent modular or manufactured buildings or structures may be permitted on a case
y case asis.
4. Windows and large areas shall utilize non-reflective glass. Impact-resistant glass shall
be used on all windows facing the air operations area (AOA). Building materials that
could potentially produce glare or other hazardous effects to aircraft operations shall not
be used.
j . Outside Storage
All outside storage of equipment or other materials shall be surrounded by an opaque screen
utilizing the same or similar landscaping or exterior materials as the main building.
Equipment shall not be stored in areas exposed to the frontage of any access or public road.
The proposed location of outside storage areas and materials shall be a part of the site plan
submitted to the City.
k. Accessory Buildings and Temporary Structures
Accessory buildings (such as storage sheds or other structures as otherwise defined in the
City's Land Development Code) are permitted. The buildings shall conform to setbacks and
contribute to the maximum area of impervious surface as well as Floor Area Ratio.
Accessory buildings shall not be located forward of the front setback line of the primary
building.
Temporary structures (such as those used in connection with a construction project) are
permitted on the individual lots. The temporary structures shall not be located forward of the
front facade of the primary structure. The temporary structure shall be removed within thirty
(30) days after certified occupancy of the primary structure.
1. Fencing
Security fencing shall be provided between aircraft and non-aircraft areas to prevent
uncontrolled access, to limit pedestrian and vehicular interference with aircraft movements,
and to provide security for parked aircraft. Ten feet (10') of clearance shall be provided
along both sides of the Airport security fence to facilitate maintenance and emergency
access and to minimize unauthorized access into the AOA.
Fencing shall be a minimum height of 6 feet (6'). Gates shall have no more than three inches
(3") of clearance at the bottom to prevent intrusion by animals. In addition, three feet (3')
of bib on the outside of the fence (buried) to prevent easy access by burrowing and digging
animals is recommended.
Security fencing shall comply with Specification F-162 of FAA AC 150/5370-1 OA. Chain
link fencing and gates shall have black vinyl cladding with ten feet (10') of landscape
border (same height as fence) screening chain link on the public side. Other types of
fencing, conforming to the Land Development Code may be used within the lease area,
subj ect to the written approval of the City.
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Landscaping shall conform to the Land Development Code and FAA requirements. Fences
and gates shall be depicted on the Site Plan.
m. Vehicular Access
Vehicular access to aircraft storage hangars shall minimize crossing of the aircraft operating
areas. Automobile parking shall be provided for aircraft storage hangars in locations that do
not interfere with aircraft operations. No vehicle parking shall be provided on ramp areas
except for necessary service vehicles.
Airside pedestrian and vehicular access to buildings normally open to the public shall avoid
crossing aircraft operating areas. All improvements or facilities sited on the landside/AOA
interface shall have appropriate access to both the landside and the AOA. All aircraft and
aviation related structures and buildings shall be approved by the city. All customer
facilities and accommodations for passengers and crew of transient aircraft must include a
ramp or other convenient access for the disabled, and must also include sanitary restrooms
equipped for use by the disabled.
n. Driveways and Loading Areas
Driveways and other curb cuts will not exceed two (2) per lease area unless otherwise
approved by the City for a large leasehold. Landscaping and signage shall not obstruct lines
of sight for traffic entering and exiting the highway. All truck loading docks and areas shall
be visually screened from public view. No loading docks or areas shall be permitted on the
fronts of buildings except for warehouse operations with proper screening approved by the
city. All loading areas shall be designed to enable all truck maneuvering to occur in the
parking area, not on the street system. Open storage in loading areas is prohibited. Loading
areas shall be identified in the site plan.
o. Roads
The roads shall be paved with bituminous asphalt, designed and engineered to withstand a
vehicle load of 100,000 lb gross vehicle weight (GVVV) unless otherwise approved by the
City. The minimum width of the road shall be two lanes with area to expand to four lanes,
i necessary.
p. Utilities
All utilities shall be located underground and located in the right-of way adjacent to the
road. Each lot shall connect to the utilities and service pedestals or boxes located outside of
the roadway sight lines. The area around the service pedestal or boxes shall be kept clear of
permanent structures. Landscape irrigation shall be designed in such a manner that water is
not directly thrown or sprayed on the pedestals or boxes.
Utility meters shall be installed where necessary, as required by utility companies.
Temporary power poles are permissible while the primary structure is being constructed, but
shall be removed prior to the time the Certificate of Occupancy (C.O.) is issued. Power
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poles shall not be placed within the roadway sight lines or in conflict with FAR Part 77
Surfaces or the Airport Layout Plans.
A plan indicating water and sewer facilities to be installed for the project will be provided to
the city along with the site plan for the project. This plan should conform to the
requirements of the City of Sebastian and all other applicable regulatory agencies.
q. Refuse Collection Area
All outdoor refuse collection areas shall be visually screened from public view, adjacent
properties, and the airfield by an opaque screen utilizing the same or similar materials as the
main building it serves. The location of refuse collection areas and materials used for
screening shall be designated on the site plan submitted to the City.
r. Antennas and Satellite Dishes
No antenna or satellite dish for transmissions or reception of television signals or any other
form of electromagnetic radiation shall be erected, used, or maintained outside any building,
whether attached to an improvement or otherwise, without the prior written approval of the
City. Satellite dishes shall be screened from view from adjacent rights-of way and
properties.
s. Lighting
The exterior of the building shall be lighted for security purposes. Wall-mounted fixtures
may be utilized however, they shall be shielded to prevent excessive light onto adjacent
property. The maximum allowable lighting intensity for exterior areas shall be 1 o foot-
candles (FC), with 5 FC required at the property line. The entrances to the primary building
or structure shall be lighted with a fixture directly overhead of the door(s).
Plans for exterior lighting shall be submitted to the City for approval as part of the detailed
site plan review process. Lighting in parking areas shall be a uniform style throughout the
development, as approved by the City. Lighting shall be restrained in design and levels of
illumination so as not to interfere or create a hazard to Airport operations or to adversely
affect nearby residents.
t. Fire Suppression
If required by the Indian River County Fire Department or the City, the Tenant shall install
fire detection devices within the premises and such devices shall be monitored so as to
communicate the need for emergency response. Structure and aircraft rescue fire protection
shall conform to the minimum standards for fire suppression established by the National
Fire Protection Association, Indian River County, and the City of Sebastian.
u. Grading and Drainage
Grading operations shall meet all applicable erosion and sediment control regulations as
required by Article XII, "Surface Water Management" of the City's Land Development
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Code, Florida Department of Environmental Protection (DEP), the St. Johns River Water
Management District (SJRWMD), and other applicable governing agencies.
1. A grading plan for each project shall be submitted to the City for approval as part of the
detailed site plan review process. All finished grades for paving and building floor
elevations shall be above the base flood plain elevation as defined by the latest flood
hazard boundary map.
2. A drainage plan for each project shall be submitted to the City for approval. All
drainage plans shall comply with the requirements of the City of Sebastian, Indian
River County, DEP, and SJRWMD.
3. The design of drainage ponds shall be in accordance with SJRWMD. Projects that
connect into a central drainage system shall have a standard general environmental
resource permit and a letter of modification from SJRWMD.
4. Paved surfaces shall be graded to a series of area drains or catch basins and networked
into the Airport drainage system. Roof drainage shall not be allowed to drain or splash
onto any paved surface, but shall connect into the central drainage system for the
Airport.
5. Unpaved areas within and adjacent to the runway/taxiway system and other aircraft
operating areas shall have grades complying with FAA standards and requirements.
6. Grates and inlet structures shall bemanufacturer-certified to support the same weight of
aircraft as the adjacent pavement is designed to support.
7. All drainage facilities shall be sized in accordance with the requirements and
procedures considering existing, proposed, and future site conditions of the FAA and
other concerned agencies. All computations supporting the drainage design shall be
submitted to the City for review and approval as part of the detailed site plan review
process.
8. All site plans shall comply with applicable federal, state, or City surface/storm water
management requirements.
B.5 INDIVIDUAL AIRCRAFT STORAGE HANGARS
Individually owned aircraft storage hangars are defined as those buildings that are designed
solely for storage of one or more aircraft using typically rectilinear or "T" configurations. No
commercial activity may be conducted in these buildings except through written agreement with
the City.
a. Location -Individual aircraft storage hangars may be situated only in those areas of the
Airport specified for aeronautical use identified on the ALP.
b. Hangar doors maybe of rolling or bi-fold type. A personnel door shall be provided.
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c. Paved aircraft apron space shall accommodate the maximum number and type of aircraft
that can be stored within the hangar(s) at any one time.
d. All hangars shall be provided with electrical service, lighting, smoke detectors, and fire
extinguishers.
e. Hangars shall be provided with exterior (building-mounted) lighting and an exterior hose
bib.
f. Compliance with City's Land Development Codes, applicable building codes, Section 409
of the National Fire Protection Association (NFPA), and Americans with Disabilities Act
(ADA) is required.
B.6 T-HANGARS
T-hangars consist of a multiple number of individual T-shaped bays or units, each suitable for
the storage of a single aircraft.
a. Location - T-hangars may be situated only in those areas of the Airport specified for
aeronautical use identified on the ALP.
b. All T-hangar units shall be of permanent construction. No portable-type hangars (e.g., Port-
a-PortTM) shall be allowed.
c. Hangar doors may be of rolling or bi-fold type. For hangar-bays larger than 2,000 square
feet, a personnel door shall be provided.
d. All hangars shall be provided with electrical service, lighting, smoke detectors, and fire
extinguishers.
f. All T-hangars shall comply with requirements of Section 409 of the NFPA, the City's Land
Development Code, applicable building codes, and the ADA.
B.7 AIRCRAFT MAINTENANCE HANGARS
Aircraft maintenance hangars are those facilities providing avionics, instrument, propeller, or
other aircraft component or airframe and engine maintenance or repair services.
a. Location-Aircraft maintenance hangars may be situated only in those areas of the Airport
specified for aeronautical use in the ALP.
b. Hangar doors maybe of the rolling or bi-fold type. A personnel door shall be provided.
c. All hangars shall be provided with electrical service, lighting, smoke detectors, and fire
extinguishers.
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d. Paved aircraft apron space shall accommodate the maximum number and type of aircraft
that can be stored within the hangar(s) at any one time.
B.8 FIXED BASE & SPECIALIZED AERONAUTICAL SERVICE OPERATORS
Fixed Base Operators (FBO) and Specialized Aeronautical Service Operators (SASO) typically
utilize hangars, buildings and other structures to accommodate activities related to general
aviation operations, including aircraft fueling services, flight instruction, aircraft parking, and
amenities for pilots and passengers. Scheduled commercial service or charter operations using
large aircraft are not typically accommodated. The FBO or SASO shall develop and maintain
facilities appropriate for operating in accordance with these Development Standards and
Guidelines, the terms and conditions of the Minimum Standards for Aeronautical Activities and
the lease agreement between the FBO and the City.
B.9 GENERAL AVIATION APRONS AND TAXILANES
General aviation aprons and taxi-lanes leading into aprons shall be in accordance with FAA AC
150/5300-13, Airport Design (current edition). Lighting shall be in accordance with FAA AC
150/5340-30 (current edition). Signage and Marking shall comply with FAA AC 150/5340-1
and 150-5340-18 (current edition)
a. Pavement sections on all aprons and taxi-lanes leading into aprons shall be designed to
accommodate aircraft within ARC C-II, Aircraft Category II.
b. All aircraft pavements shall be constructed using FAA and/or FDOT-approved materials.
c. Apron grades shall be consistent with minimum local drainage requirements, but shall be
limited to a maximum grade of 1.0 percent to facilitate the towing and taxiing of aircraft.
d. Apron grades shall be designed to direct drainage away from buildings.
e. Catch inlets shall be installed within the pavement limits to facilitate the drainage to the
stormwater management system where necessary.
f. The outer perimeter of the GA apron facing the airfield shall be equipped with edge lights.
Taxilane edge lights or reflectors shall be installed. All airfield lighting electrical
installations/ connections shall be coordinated with and approved by the City prior to
installation.
g. The apron shall be marked and striped consistent with standards outlined in FAA advisory
circu ars.
h. Setbacks and clearances shall comply with those standards outlined in FAA AC 150/5300-
13,Airport Design, for the aircraft types operating or anticipated to operate on the apron.
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i. Designated thoroughfares for fueling, maintenance, and other ground service vehicles shall
direct vehicular traffic to reduce conflict with aircraft movements.
B.10 HELICOPTER PARKING FACILITIES
Facilities for the operation of helicopters shall be designed in accordance with FAA Advisory
Circular AC 150/5390, Heliport Design.
a. Helicopter landing facilities shall be centrally located and contiguous to a dedicated portion
of the Airport Layout Plan. Designated helicopter landing areas (i.e., heliports) shall be
placed along the apron edge at a sufficient distance to preclude or minimize the impact of
helicopter rotor wash on parked airplanes or passengers, to provide appropriate safety
clearances, and to minimize debris, dust, soil erosion, and other concerns.
b. The paved dimension for each helicopter parking position shall be equal to the rotor
diameter of the largest helicopter determined to be accommodated at the facility.
c. There shall be a minimum of thirty feet (30') of separation between the edges of adjacent
helicopter parking positions.
d. All helicopter parking positions shall consist of concrete paving capable of supporting the
weight of the helicopter determined to be accommodated at the facility or support vehicles
((e.g., fuel trucks), whichever has the heavier wheel loading.
e. A painted yellow line shall define the centerline of each helicopter parking position.
Helicopter parking positions shall be further identified by a 12-inch-wide yellow line
defining a circle. The diameter of the circle shall be equal to the rotor diameter of the
largest helicopter determined to be accommodated at that particular facility.
B.11 FUEL STORAGE FACILITIES
Fixed fuel storage systems shall contain the appropriate safety fixtures and filtration systems that
meet industry accepted standards. The storage system shall include adequate fuel spill
prevention features and containment capabilities. A fuel Spill Prevention Countermeasures and
Control Plan(SPCCC) must also be submitted to the City. Compliance with the other City's
Land Development Codes, applicable Building Codes, and the current edition of NFPA 407,
Standards for Aircraft Fuel Servicing is also required.
a. Tank Location
1. All fuel shall be stored in above-ground tanks approved by the City and located in an
area in accordance with the Airport Layout Plan, with setbacks from buildings and roads
as required by the NFPA. No underground fuel storage facilities shall be permitted.
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2. Distribution of fuel into aircraft shall be via self fueling stationary or mobile pumping
equipment ("fuelers"). No fueling using portable gas cans ("splash loading") shall be
allowed without the expressed written consent of the City.
b. Fuel Storage Tanks
1. Separate storage tanks and fuelers shall be provided for each grade of fuel distributed.
Tanks and mechanical equipment shall be labeled and color coded as required to
distinguish the different fuel grades. Deadman controls shall be provided for unloading
fuel from the tanks into the tending vehicles.
2. The minimum fuel storage tank size shall be 10,000 gallons for each type of aviation
fuel provided (Jet A and Avgas).
3. All above-ground tanks shall be in compliance with all EPA, DEP, NFPA, or other
federal, state, and local laws and regulations. An emergency fuel shut-off station shall
be located near the fuel tank(s), and shall be accessible, well marked, and lighted.
4. All surface drainage from the fuel storage area and docking/loading area shall be
captured in a closed drainage system and directed through a fuel spill and/or oil-water
separator device approved by SJRWMD.
5. Above-ground fuel storage facilities shall include a dike with an impervious retention
basin capable of containing 110 percent of the capacity of the largest tank and shall be
either double-lined or vaulted.
6. Fuel storage equipment shall be provided with metering devices that maintain and
produce accurate receipts of fuel dispensed from the facility and are calibrated and
approved by the State of Florida Department of Agriculture and Consumer Services,
Division of Standards or other jusrisictional agency. Specifications for the metering
equipment shall be submitted to the City for review and approval.
7. Fueling equipment and procedures shall comply with all federal, state, and local laws
an regu ations.
8. Design and construction drawings and specifications shall be approved by the City, and
SJRWMD.
9. Above-ground fuel storage facilities shall conform to the requirements of the current
edition of NFPA 30, Flammable and Combustible Liquids Code, Florida Administrative
Code-Chapter 62-761, "Aboveground Storage Tank Systems" and other applicable
requirements for fuel storage facilities.
c. Safety
1. All fueling facilities shall conform to the highest standards of safety.
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2. Each facility shall be posted with "Flammable No Smoking" signs conforming to
NFPA standards.
3. Facility shall:
i. Contain no feature that would allow introduction of any foreign material into fuel.
11. Be free of materials, equipment, functions, and activities that could become an
ignition source.
111. Be constructed in such a manner as to prevent the introduction of the product into
the wrong storage tank.
iv. Be constructed with lightning protection in accordance with NFPA standards.
4. Each facility shall be equipped with protection for electrical equipment and wiring.
This shall provide reasonable protection from heat, abrasion, or other impact that could
cause failure of insulation, open spark, or other ignition source. See NFPA Standard 70,
National Electrical Code.
5. Grounding and bonding equipment should provide that piping, filters, tanks, and
electrical components are electrically bonded together and interconnected for adequate
electrical ground.
6. Twenty pound Class B fire extinguishers shall be readily available to the operator of
fueling equipment, in conformance with NFPA standards.
7. All hoses, nozzles, filters, and grounding connectors shall meet or exceed industry
standards and recommendations.
B.12 VEHICLE PARKING
a. Sufficient off street parking shall be provided for each leasehold. Parking shall be designed
in a safe and coordinated manner for the entire site. The parking area shall be integrated and
designed to enhance the visual appearance of the property.
b. The number of spaces shall be determined by the type and intensity of use, and shall be
consistent with Article XV, "Off Street Parking" of the City's Land Development Code.
Handicap-accessible parking spaces, designed per ADA standards shall be provided.
c. Parking lot design shall be developed throughout the site to provide efficient and safe means
of traffic and pedestrian circulation. The mixture of one-way and two-way parking aisles or
different degrees of angled parking within any parking area is prohibited.
d. Parking areas and spaces shall be identified on the detailed site plan.
1. No parking shall be permitted on public right-of ways.
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2. All parking areas shall be paved.
e. Landscaping and lighting of parking areas shall be provided in accordance with the general
landscaping and site lighting requirements.
B.13 SIGNAGE
a. General
Unless otherwise addressed in these Development Standards and Guidelines, all signage
requirements shall conform to Article XVI, "signage and Advertising" of the City's Land
Development Code.
The signage for the Sebastian Municipal Airport is intended to functionally communicate
information and directions while fitting aesthetically into the landscape with a simple,
coordinated signage and graphic system. A signage plan shall be submitted at the time of
site plan submittal for review by the City. Location, size, dimension, materials/finishing,
and lighting shall be indicated. All signage shall be located out of public roadway visibility
sight lines triangles and outside the AOA.
All signage shall be designed, constructed, and located in accordance with the following
design criteria and shall be approved by the City of Sebastian. The criterion has been
established to govern the design, fabrication, and installation of single and multi-tenant
signage and is intended to provide all tenants with good visual identification.
b. Procedural Requirements
1. Tenant's sign contractor shall be licensed and/or registered by the City of Sebastian.
2. Prior to sign fabrication, the Tenant shall submit to the City's Building Department for
approval, a Sign Permit application and four (4) sets of detailed drawings indicating the
location, size, layout, fabrication and installation method, design, copy style and color of
the proposed signage including window/door lettering and/or graphics. Drawings shall
show the full fascia with architectural features of the specific demised premise.
3. Tenant shall be responsible for all required permits for their signage and the installation
thereof, including, but not limited to, those by the City of Sebastian or other concerned
agencies. In addition to those requirements listed herein, Tenant shall adhere to any
municipal code requirements that may further restrict sign size, design, or fabrication.
4. Fabrication and installation costs shall be at the Tenant's sole expense.
5. Tenant shall be responsible for the maintenance and repair of its signage. If, after fifteen
(15) days notification to repair the signage, no action has been taken by the Tenant, the
City will contract to repair or maintain the signage and the cost of repair or maintenance
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will be invoiced plus twenty percent (20%) for administration fees to the Tenant and will
be considered additional rent for the month it occurs.
c. Building Facade Signs
1. Design Requirements
i. All signs shall be in the form of channel letter or individually reverse illuminated
channel letter mounted with standard standoff to fascia of the building.
11. Signs that incorporate audible, flashing action, or other mechanical or electronic
animation features are not permitted.
111. Signs shall comply with the requirements of the Land Development Code. Anchor or
single tenants may be allowed larger letters and secondary copy at the sole discretion
of the City and to any municipal code requirements by the City, which may further
restrict size.
iv. Unless otherwise approved by the City in writing, sign text shall contain the company
name only. Elaboration of the company's products or services, slogans, or other
verbiage is not allowed.
v. No exposed wiring is allowed for open face or exposed neon signage. Exposed
raceways are prohibited. Exposed neon is prohibited.
2. Fabrication Specifications
i. Letter Material -Letter material shall be a minimum of .040" aluminum returns
painted to match face and a minimum, .040" faces. Letters shall be full welded
fabrication.
1) The plastic faces shall be 3/ 16" # 1124-1 P95 texture (black/white sheet) with one-
inch (1 ") trim cap. Trim cap and returns shall be painted to match acrylic faces.
2) All reverse channel letter's exterior surfaces shall be painted Matthews (or
approved equivalent) Dark Bronze (41-313). In addition, Tenant shall:
- Prepare all surfaces to receive paint by chemically cleaning
- Prime all surfaces to receive paint with one coat of primer
- Use only enamel paint with sprayed application in semi-gloss finish with
minimum of two (2) coats
3) The reverse channel letter's interior sidewalk shall be painted white.
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4) The front on the signage shall be Helvetica or similar block style unless Tenant
has a registered corporate font in which case, Tenant must receive the City's
approval. No other alternatives or substitutions shall be allowed.
11. Illumination
1) All illuminated signs shall be a steady glow. No flashing, blinking, or strobe signs
are permltte .
2) Electrical components shall be UL approved, inspected and appropriately tagged
prior to installation.
111. Transformers
1) Transformers shall be 30 milliamp.
2) Transformer and sheet metal enclosures shall be UL rated and installed behind the
fascia above the soffit as shown in the attached drawing.
3. Anchor or Single Tenants are allowed to use their registered corporate logo and/or colors.
4. Installation
i. All installation components such as, but not limited to, fasteners, clips, bolts, etc.,
shall be of non-corrosive, stainless steel, aluminum, brass, bronze or carbon bearing
steel with painted finish. No black iron material of any type shall be permitted.
ii. All penetrations of the fascia shall be neatly sealed in watertight manner using a
single component polyurethane sealant as approved by the City. Tenant is
responsible for fascia penetrations and damage that may result, including but not
limited to, water damage.
iii. Location of all penetrations of the building fascia for conduit. sleeves, etc., shall be
shown on the approved detailed drawing submitted by the Tenant.
iv. No exposed labels are permitted on the signage that is visible from the ground,
except as required by local ordinance.
v. All fasteners for the sign installation shall be concealed. The City in writing shall
approve the method of installation to the building fascia.
vi. Installation shall comply with all local codes and ordinances. A licensed electrician
shall perform all electrical work. Signage shall have an individual circuit and be
controlled by a time clock.
vii. Primary electricity to the signage is the Tenant's responsibility.
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d. Freestanding Signs
1. Design Requirements
Development Guidelines and Standards
i. All property signs are to be in the form of wood carved signs or an approved
equlva ent.
ii. Each Tenant shall have one (1) sign per leased property.
iii. Each sign will be located on the edge of the property line, in the middle of the
property perpendicular to the street. Comer lots may angle the signage at the corner of
the property to face both streets, per written approval of the City. Signs will not be
permitted on Roseland Road.
iv. Each property sign shall be eight (8) feet in length by four (4) feet in height, exclusive
of the base as described in paragraph d(2)iv.
2. Fabrication Requirements
i. Approved colors -All signage will be painted in approved muted earth tones. Charts
of permissible colors are available in the Growth Management Department.
ii. Display Requirements -All signage shall only display complex, anchor, or single
Tenant name and/or logo. Multiple Tenant listings on property signs are prohibited.
iii. Illumination -All signage shall be externally lit from the ground with low-intensity,
directional light fixtures.
iv. Installation - Signage shall be placed on a two-foot (2') high solid base whereas total
sign height cannot exceed six (6) feet above ground level.
e. Temporary Signs
Permission to erect a temporary sign shall be at the sole discretion of the City in accordance
with the Land Development Code.
f. Exempt Signs
The following types of signs are exempt from the requirements of these Development
Standards and Guidelines:
- Identification signs or nameplates that do not exceed two (2) square feet.
- Window signs that do not exceed two (2) square feet.
- Holiday, seasonal, or commemorative decorations provided that commercial
advertising on such sign is limited to logos and benevolent text.
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B.15 LANDSCAPING STANDARDS
a. General Landscape Requirements
1. Unless otherwise addressed in these Development Standards and Guidelines, all
landscape requirements shall conform to Article XIV, "Tree Protection and
Landscaping", of the City's Land Development Code. A landscape plan shall be
included in the detailed site plan proposal. The landscaping plan shall be submitted by
the Tenant to the City for approval.
2. All surfaces on the leased property shall be covered by either building, pavement,
landscaping, or grass. Hangars and buildings contained entirely within the Airfield/
AOA fence are exempt. No plantings are required inside the fence, unless specifically
permitted by the City. No manmade or natural objects shall be allowed that create
height hazards or obstructions in compliance with 14 CFR Part 77 height restrictions or
Section 54-2-7.12, "Airport Height Limitations", of the City's Land Development Code.
3. All non-aircraft operating areas shall be landscaped. Landscaping shall be distributed
evenly on site. Each side of the building (north, south, east, and west) is encouraged to
have a proportional amount of landscaping approximately equal to the amount of open
area available. Building sides that face the airfield/AOA are exempt.
4. Landscaping shall include trees, shrubs, and ground cover other than grass. Landscape
plants, shrubs and trees shall be coordinated to ensure vegetation does not attract
birds/wildlife for feeding (fruit bearing) or shelter/nesting. Plants incorporated into the
landscaping design shall be chosen for their interest, structure, texture, color, and
ultimate growth in harmony with and complimentary to the building and other materials.
Plants shall meet the size requirements established by the landscape architect or designer
at the time of installation to create an immediate design impact. Fruit- and seed-bearing
plants that can potentially attract birds or wildlife are prohibited. The use of native
plants is highly encouraged.
5. An FAA-approved wildlife management plan shall be required for any proposed "water-
holding" structure such as a retention/detention pond, reflection pond, pool, fountain,
etc.
6. All graded areas shall be fertilized, seeded with approved ground cover, and mulched.
Soil tests shall be conducted, and soil amendments incorporated where necessary. All
landscaped and grassed areas shall be maintained at all times.
b. Planting Requirements - Landscaping shall not be located in an area that may interfere with
visibility of pedestrian or vehicular traffic. Plantings, other than grass, shall be restricted
around fire hydrants so as not to obstruct access.
c. Buffer Requirements - A buffer shall be required along all landside property boundaries.
Airside/AOA boundary buffers are encouraged but not mandatory. Buffer requirements
shall conform to the City's Land Development Codes.
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d. Parking Lots
Development Guidelines and Standards
1. Off street facilities provided for parking or any other vehicular uses shall conform to the
minimum landscaping requirements. Landscaping shall be provided between all property
lines and such off street parking and vehicular use areas.
2. All landscaped areas shall be protected from vehicular encroachment by a six-inch
ribbon curb for all roads, and curb, wheel stops, or other similar divides for parking and
oa ing areas.
3. Parking lots in excess of 1,500 square feet, or five parking spaces, shall provide interior
landscaped areas that includes strategic placement of landscaped areas shall divide and
break up the expanse of paving and guide traffic flow and direction.
4. One (1) landscaped island area shall be provided for every 15 parking spaces. Each area
shall have a minimum dimension of 20 feet by 10 feet. Landscaped islands shall include
at least one tree, and a minimum of 50 percent shrub coverage, with the remaining area
to be sodded or planted with groundcover.
5. Each row of parking spaces shall terminate in a required landscaped area containing one
canopy or under-story tree with the remaining area landscaped with sod, shrubs, or
groundcover.
6. When an access roadway or drive intersects a public right-of way, all landscaping shall
provide unobstructed visibility at a level between two and a half to six feet from the
ground. Trees shall have their limbs and foliage trimmed in such a manner so that no
part of the plant extends into the visibility area or otherwise creates a traffic hazard.
Trees shall have a clear trunk area to a height of six feet.
7. Landscaping, except required grass or groundcover, shall not be located closer than three
feet (3') from the edge of any access roadway pavement.
8. Access roadways or entry drives into parking areas shall be landscaped in a manner that
incorporates the design with adjoining buffer areas. The landscaping shall visually
emphasize the parking area and offer drivers and pedestrians an attractive appearance
from the street of the building and property.
9. All parking islands and medians shall be protected from vehicular encroachment by six-
inch (6") curbs. Tree and lighting locations shall be designed so as not to conflict with
one another. Trees shall be planted a minimum distance of 15 feet from light poles.
e. Building Areas
1. The front area of the building shall present an attractive appearance emphasizing and
reinforcing the major entry to the property and the building. The landscaping shall
incorporate a mix of approved trees, shrubs, and groundcover in a design appropriate to
the scale and design of the building. Trees shall be incorporated into the landscape
design of the front areas to provide shade and accent, and to frame the main entry of the
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building. Additional shrubbery and groundcover in areas beyond the required plantings
are encouraged and should be incorporated into the overall landscaping plan.
2. Landscaping of the side areas of the building shall continue the appearance of the
landscaping design of the front area. A mix of shrubs and groundcover shall be used as
foundation plants across the entire facade of these areas, exclusive of walks, entries, and
courtyards. Trees shall also be incorporated into the landscaping to enhance the side
areas of the building and lot.
3. The rear areas of the building shall be landscaped with appropriate plantings across all
facades in normal public view. All service areas, drives, and service entrances shall be
adequately screened with appropriate plant material to present a totally screened
appearance to persons entering or leaving the building through all public entrances or
exits and to vehicular or pedestrian traffic on the roadways adjacent to the property.
4. All perimeter landscaping shall be located adjacent to the building facade. There shall be
a minimum of two feet (2') between the building facade and the intended maintained
edge of the plants installed.
e. Plant and Tree Selection
Selection of appropriate plant and trees species for landscaping shall conform to the
standards of Article XIV, "Tree Protection and Landscaping", of the city's Land
Development Code. The landscaping plan shall include a balanced mix of plant and tree
species to provide an aesthetically attractive appearance. Accent material should be
introduced to create a balanced contrast against the dominant materials. Overly varied
species selection is discouraged.
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Sebastian Municipal Airport Development Guidelines and Standards
Appendix C
Land Development Code
Airport and Industrial Facilities District (AI)
Note: Provided foN infoNmational purposes only. The City's Land Development Code is
amended from time-to-time and should be consulted for appropNiate changes. (RefeN to City of
Sebastian's Land Development Code, Chapter II, Article V. "Zoning District Regulations" for
the cuNrent veNSion)
Sec. 54-2-5.7. Airport and Industrial Facilities District (AI).
(a) Intent. The intent of the AI District is to provide a management framework for
implementing comprehensive plan objectives and policies for airport facilities and
supportive light industrial activities and related development within lands designated IN on
the future land use map. In addition, the district shall implement the policies of the City of
Sebastian Airport Master Plan.
Performance criteria within the land development code requires that land use and
development within and adjacent to the Sebastian Airport avoid encroaching upon the
airport hazard zone. Furthermore, land uses proposed within noise impact areas defined in
the FAA noise control regulations shall comply with FAA guidelines for managing noise
impacts through land use regulation. The airport district regulations establish the permitted
uses and applicable restrictions within the air operations area.
The Federal Aviation Administration (FAA) regulations shall govern the land use,
specifications, and placement of structures within the airport operations area. All
development in the AI District shall comply with the comprehensive plan, performance
criteria in Chapter II, Article VII Section 54-2-7.12, "Airport Height Limitations" (See
Appendix E), Article XVIII, Site Plan Review Procedures, as well as other applicable land
development regulations.
(b) Uses permitted:
- Airports and related uses
- Fixed base operators
- Aircraft repair and service
- Aeronautical schools
- Aircraft storage hangars
- Terminal facilities
- Air freight terminals
- Flying clubs
- Airline operations
- Sale or rental of aircraft
- Air taxi and charter
- Aerial survey
- Aerial advertising
- Aircraft manufacturing
- Sales of aircraft parts and supplies
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Sebastian Municipal Airport
Development Guidelines and Standards
- Aircraft modification
- Airport maintenance
- Airport administration
- Airport security and emergency services
- Aircraft component manufacturing when flight-testing is involved
- Light industries that manufacture, assemble, process, package, store or distribute
products that are dependent on component parts or raw materials manufactured
elsewhere when runway is required
(c) Conditional uses:
- Hotels and motels
- Restaurants, excluding drive-through facilities
- Skydiving services
The following conditional uses are permitted when combined with a permitted use:
- Car rental
- Fuel storage
- Protective and emergency services, public
- Parks and recreation, public
- Utilities, public and private
(d) Dimensional Negulations:
(1) Maximum Floor Area Ratio: 50%
(2) Maximum height: 35 feet.
(3) Lot coverage:
Maximum building coverage: 50% Minimum open space: 20%
Maximum impervious surface: 80%
(4) Lot dimensions:
Minimum lot size: 15,000 square feet
Minimum width:100 feet
Minimum depth: 125 feet
(5) Minimum setbacks:
Front yard: 20 feet
Side yard: None
Rear yard: l0 feet.
(e) No building or structure in an AI District shall be located closer than 30 feet to a residential
district.
(~ Airport height limitations. Refer to Land Development Code, Section 54-2-7.12. {See
Appendix E}
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Sebastian Municipal Airport Development Guidelines and Standards
Appendix D
Land Development Code
Industrial District (IN)
Note: Provided foN infoNmational purposes only. The City's Land Development Code is
amended from time-to-time and should be consulted for appropriate changes. (Refer to City of
Sebastian 's Land Development Code, ChapteN II, Article V. "Zoning DistNict Regulations" for
the current version)
Sec. 54-2-5.6. Industrial District (IN).
(a) Intent. The intent of the IN District is to provide a management framework for
implementing comprehensive plan objectives and policies for limited industrial
development on land designated IN on the future land use map. All development in the IN
District shall comply with the comprehensive plan, performance criteria in chapter iii, as
well as other applicable land development regulations. Salvage yards and junkyards are
deemed to generate highly extensive adverse impacts for the urban area and shall not be
permitted uses in the city limits of Sebastian. Such activities are more appropriately located
near major regional transportation facilities.
(b) Permitted uses:
- Utilities, public and private
- Business and professional offices with or without drive-through facilities
- Gasoline sales
- Commercial retail with 5,000 sq. ft. or less
- Commercial amusements, enclosed
- Storage facilities
- Plant nurseries
- Restaurants with or without drive-through facilities
- Trades and skilled services
- Wholesale trades and services
- Veterinary services
- Industrial activities
- Parking garages
- Clubs and lodges, public and private
- Administrative services, public and private
- Vehicular sales and related services
- Accessory watchman facilities
- Medical services
- Vehicular services and maintenance
- Accessory uses to permitted uses
(c) Conditional uses:
- Commercial retail with more than 5,000 sq. ft.
- Hotels and motels
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Sebastian Municipal Airport
- Protective and emergency services, public
- Parks and recreation, public
- Commercial amusements, unenclosed
- Adult entertainment establishment
- Flea markets
- Accessory uses to conditional uses
(d) Dimensional regulations:
(1) Maximum Floor Area Ratio: 50%
Development Guidelines and Standards
(2) Maximum height: 35 feet. No structure shall be erected within the approach zones of
active runways on the Sebastian Municipal Airport at a height in excess of those
permitted by the FAA or the city council. All structures shall comply with the City of
Sebastian Airport Master Plan.
(3) Lot coverage:
Maximum building coverage: 50% Minimum open space: 20%
Maximum impervious surface: 80%
(4) Lot dimensions:
Minimum lot size: 15,000 square feet
Minimum width:100 feet
Minimum depth: 125 feet
(5) Minimum setbacks:
Front yard: 20 feet
Side interior yard: None
Rear yard: l0 feet.
No building or structure in an IN District shall be located closer than 30 feet to a residential
district.
(e) Processing and storage within the Industrial District: In the Industrial District any use is
permitted either indoors or outdoors, but in conformance with the applicable performance
standards. In the Industrial District, all business, servicing, manufacturing or processing
within 200 feet of a residential district boundary may be outdoors but shall be effectively
screened by a solid wall, fence or natural landscaping providing a 90 percent opaque screen
planting so that the materials shall not be visible from the residential district. The
requirement shall not apply to airfields for the outside storage of aircraft.
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Sebastian Municipal Airport Development Guidelines and Standards
Appendix E
Land Development Code
Airport Height Limitations
Note: Provided foN infoNmational purposes only. The City's Land Development Code is
amended from time-to-time and should be consulted for appropriate changes. (Refer to City of
Sebastian 's Land Development Code, ChapteN II, Article V. "Zoning DistNict Regulations" for
the current version)
Sec. 54-2-7.12. Airport height limitations.
No structure shall be erected within the approach zones of an active runway on the City of
Sebastian Municipal Airport with a height in excess of those permitted by the Federal Aviation
Authority or by city council. All structures shall comply with the City of Sebastian Airport
Master Plan and provisions below cited:
(a) Airport zones and airport height limitations. In order to carry out the provisions of this
section, the following height restriction zones are hereby created and established. An area
located in more than one zone of the described zones is considered to be only in the zone
with the more restrictive height limitation:
(1) Primary zone. The area longitudinally centered on a runway, extending to the end of
that runway with the width so specified for each runway for the most precise approach
existing or planned for either end of the runway. No structure will be permitted within
the primary zone that is not a part of the landing and take-off area or facilities and that
has a greater height than the nearest point on the runway center line. The width of the
primary zones shall be as follows:
a. 250 feet for utility runways having visual approaches only.
b. 50 feet for utility runways having nonprecision instrument approaches.
c. For other than utility runways the width is:
- 500 feet for visual runways having only visual approaches.
- 500 feet for nonprecision instrument runways with visibility minimum greater
than three-fourths statute mile.
- 1,000 feet for a nonprecision instrument approach with visibility minimums as
low asthree-fourths statute mile, and for precision instrument runways.
(2) Horizontal zone. A horizontal plane 150 feet above the established airport elevation,
encompassing the runway's primary zones and transitional zones, the perimeter of
which is constructed by swinging arcs of specified radii from the center of each end of
the primary surface of each runway of the airport and connecting the adjacent arcs by
lines tangent to those arcs. The radius of each arc is:
a. 5,000 feet for all runways designated as utility or visual approaches only.
b. 10,000 feet for all other runways.
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Development Guidelines and Standards
The radius of the arc specified for each end of the runway shall have the same
arithmetical value. That value will be the highest determined for either end of the
runway. When a 5,000 foot arc is encompassed by tangents connecting two adjacent
10,000 foot arcs, the 5,000 foot arc shall be disregarded. No structure will be permitted
in the horizontal zone that is higher than 150 feet above the established airport
e evation.
(3) Conical zone. The area extending outward and upward from the periphery of the
horizontal zone for a distance of 4,000 feet on slope of 20 to one. Height limitations for
structures in the conical zone are 150 feet above airport elevation at the inner boundary
of the zone with permitted height increasing one foot vertically for every 20 feet of
horizontal distance outward from the inner boundary of the zone to a height of 350 feet
above airport elevation at the outer boundary of the zone.
(4) Approach zone. The area longitudinally centered on the extended runway center line
and proceeding outward and upward from each end of the primary surface. The width
of the approach zone is the same as the inner boundary of the primary surface it adjoins
and expands uniformly to a width of:
a. 1,250 feet for that end of a utility runway with only visual approaches.
b. 1,500 feet for that end of a runway other than a utility runway with only visual
approaches.
c. 2,000 feet for that end of a utility runway with a nonprecision instrument approach.
d. 3,500 feet for that end of a nonprecision instrument runway other than utility,
having visibility minimums greater than three-fourths of a statute mile.
e. 4,000 feet for that end of a nonprecision instrument runway, other than utility,
having a nonprecision instrument approach with visibility minimums as low athree-
fourths statute mile.
f. 16,000 feet for precision instrument approach runways.
(5) Approach surface. The approach surface is the same width and height at the inner
boundary of the primary surface it adjoins and extends outward for a horizontal
distance of:
a. 5,000 feet at a slope of 20 to one for all utility and visual approach runways.
b. 10,000 feet at a slope of 34 to one for all nonprecision instrument runways other
than utility.
c. 10,000 feet at a slope of 50 to one with an additional 40,000 feet at a slope of 40 to
one for all precision instrument runways.
Height limitations within the approach surface are the same as the height of the runway
end at the inner boundary and increase at the rates as shown above and will control all
future construction or natural growth. On existing runways where the thresholds have
been displaced and the threshold lights moved along the runway from the runway end,
if any of the area between the threshold lights and the red end lights is being used for
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Sebastian Municipal Airport
Development Guidelines and Standards
either the landing or take-off of aircraft, then the approach surface would start at the
end of the runway for control of future obstructions. At those airports having defined
runways with specially prepared hard surfaces, the primary surface for such runway
extends 200 feet beyond each end of the runway hard surface, and the approach surface
begins at that point.
(6) Transitional zone. An area extending outward from the sides of each primary zone and
approach zone connecting them to the horizontal zone and an area outward 5,000 feet
horizontally or until intersection with the conical zone from the side of that portion of
the approach zone of a precision instrument runway extending through and beyond the
conical zone. No structure or object will be permitted within the transitional zone
greater in height than the primary or approach zone at their adjoining boundary
linesincreasing at a rate of one foot vertically for every seven feet horizontally, with the
horizontal distance measured at right angles to the runway centerline and extended
centerline, until the height matches the horizontal zone height, or the conical zone
height for a horizontal distance of 5,000 feet from each side of that part of the approach
zone for a precision instrument runway extending beyond the conical zone.
(7) Other areas. In addition to the height limitations imposed within this section, no
structure or obstruction shall be permitted within the City of Sebastian that would cause
a minimum descent altitude, minimum obstruction clearance altitude, minimum
vectoring altitude, or a decision height to be raised nor which would impose either the
establishment of restricted minimum climb gradients or nonstandard take-off
minimums for a runway at Sebastian Municipal Airport.
(b) Airport land use restrictions.
(1) General safety regulations. Notwithstanding any other provision of this section, no use
may be made of land or water within any zones established by this section in such
manner as to interfere with the operation of an airborne aircraft. The following special
requirements shall apply to each permitted use:
a. All lights or illumination used in conjunction with street, parking, signs or use of
land and structures shall be arranged and operated in such manner that it is not
misleading or dangerous to aircraft operating from a public airport or in vicinity
thereof.
b. No operations of any type shall produce smoke, glare or other visual hazards within
three statute miles of any usable runway of a public airport. Control burns as
required by a habitat conservation plan approved by the fish and wildlife service
during periods when the wind will blow the smoke away from the airport and not
across any approach surfaces are permitted.
c. No operations of any type shall produce electronic interference with navigation
signals or radio communication between aircraft, the airport or other air traffic
control facility.
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Sebastian Municipal Airport
Development Guidelines and Standards
d. Within any airport primary zone or within any runway approach zone area where
the zone height is 50 feet or less above the end of the runway, no operations of any
type shall involve the storage, distribution or manufacture of flammable, explosive,
toxic or other hazardous materials. This restriction shall apply to those materials in
a quantity or of a type which, if exposed to an aircraft accident, would further
jeopardize the safety or health of the aircraft, occupants, occupants of facilities in
the vicinity, by-standers and emergency personnel, or would prevent, delay, limit or
otherwise curtail appropriate response actions by emergency personnel.
e. Within any airport primary zone or within any runway approach zone area where
the zone height is 50 feet or less above the end of the runway, no operations of any
type shall involve the congregation of people for either short or long-term purposes.
This restriction shall apply to any use involving individuals who by their numbers,
condition, age or other factor, should they be exposed to an aircraft accident, might
escalate the resultant effect to disaster of maj or proportions.
(2) Restrictions on potential solid waste disposal. Solid waste disposal sites shall be
considered as a nonconforming use if located within areas established for the airport
and meeting the following criteria:
a. Sites located within 10,000 feet of any runway used or planned to be used by
turbojet or turbo prop aircraft.
b. Sites located within 5,000 feet of any runway used only by piston type aircraft.
c. Any site located so that it places the runways and/or approach and departure
patterns of an airport between bird feeding, water or roosting areas.
d. Sites outside the above perimeters but still within the lateral limits of the airport
zones will be reviewed on acase-by-case basis by the board of adjustment.
(3) Residential construction shall not be permitted within an area contiguous to any airport
measuring one-half the length of the longest runway on either side of and at the end of
each runway centerline of such airport. Notwithstanding the foregoing limitations, if the
property owner provides the city with a perpetual avigation easement for the airspace
above the ground level of the entire parcel of real property owned by the property
owner upon which residential construction will be situate, in a form which reasonably
precludes the property owner and his/her/their/its successors and assigns from
commencing or maintaining a successful action for condemnation (inverse or
otherwise) resulting from the aviation activities arising from the airport, as determined
by the city council on the advice of the city attorney, then the area where residential
construction would otherwise be precluded pursuant to this subsection (3) may be
reduced to the extent that restrictions contained in this section and elsewhere in the land
development code and the Code of Ordinances are not violated.
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Sebastian Municipal Airport Development Guidelines and Standards
(c) Variances to airport height limitations.
(1) Any person desiring to erect any structure, increase the height of any structure, permit
the growth of any tree, or otherwise use his property in violation of the airport zoning
regulations prescribed in this section, or any land development regulation adopted
pursuant to the provisions of chapter 163, Florida Statutes, pertaining to airport land use
compatibility, may apply to the board of adjustment for a variance from the zoning
regulations in question. At the time of filing, the applicant shall forward a copy of his
application for variance by certified mail, return receipt requested, to the Florida
Department of Transportation (the "department"), Aviation Office, M.S. 46, 605
Suwannee Street, Tallahassee, Florida 32399-450. The department shall have 45 days
from receipt of the application, its right to comment is waived. The board of adjustment
may proceed with its consideration of the application only upon the receipt of the
department's comments or waiver of that right as demonstrated by the filing ofa copy of
the return receipt with the board showing that the 45 days have elapsed. Additionally,
no application for a variance may be considered unless the applicant shows evidence
that the requirement for notice of construction or alteration under Title 14, Code of
Federal Regulations, Part 77, has been complied with.
(2) A variance may only be allowed where a literal application or enforcement of the
regulations provided in this section would result in practical difficulty or unnecessary
hardship and where the relief granted would not be contrary to the public interest but
would do substantial justice and be in accordance with the spirit of the regulations
provided herein. Provided, however, a variance may be allowed subject to any
reasonable conditions that the board of adjustment may deem necessary to effectuate
the purposes of this section.
(3) In granting a variance under this section, the board of adjustment shall, as a specific
condition, require the owner to mark and light the structure or growth to indicate to
aircraft pilots the presence of an obstruction. Such marking and lighting shall conform
to the specific standards established by chapter 14-60, Rules of the Department of
Transportation and Federal Aviation Administration Advisory Circular 70/7460-1 H, as
amended.
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AIRPORT
AERONAUTICAL LEASE
ARGREEMENT
(WITH CONSTRUCTION)
between
The City of Sebastian, Florida
and
(form revised 11~arch 2007)
Sebastian Municipal Airport Aeronautical Lease Extension(with Construction)
TABLE OF CONTENTS
GENERAL PROVISIONS ................................................................................................ 1
ARTICLE I -PREMISES
1.1 Condition of Premises ............................................................................................. 3
1.2 Construction of Improvements by Tenant ................................................................ 3
1.3 Quiet Enjoyment ....................................................................................................... 3
1.4 Permitted Uses .......................................................................................................... 3
1.5 Signage ..................................................................................................................... 3
ARTICLE II -TERM OF LEASE
2.1 Construction Term ................................................................................................... 4
2.2 Commencement Date .............................................................................................. 4
ARTICLE III -OPTIONAL EXTENSION
3.1 Tenant Options ........................................................................................................ 4
3.2 Landlord Options ..................................................................................................... 5
3.3 Automatic Increases during Renewed Lease Term ................................................. 5
ARTICLE IV -RENT
4.1 Annual Rent ............................................................................................................. 5
4.2 Calculation of Annual Rent and Fees ...................................................................... 6
4.3 Fair Market Value .................................................................................................... 6
4.4 Fuel Surcharge .......................................................................................................... 7
4.5 Sales Tax .................................................................................................................. 8
4.6 Time of the Essence .................................................................................................. 8
4.7 Interest on Amounts Due .......................................................................................... 8
ARTICLE V -IMPROVEMENTS TO THE PREMISES
5.1 Construction Risks .................................................................................................... 8
5.2 Confirmation of Ownership ...................................................................................... 8
ARTICLE VI -REPAIRS AND ALTERATIONS ........................................................ 8
ARTICLE VII -UTILITIES ............................................................................................ 9
ARTICLE VIII -TAXES
8.1 Property Taxes and Assessment .............................................................................. 9
8.2 Partial Year .............................................................................................................. 9
8.3 Delayed Payment .....................................................................................................10
8.4 Payment of Sales Tax ..............................................................................................10
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Sebastian Municipal Airport Aeronautical Lease Extension(with Construction)
ARTICLE IX -INSURANCE
9.1 Hazard Insurance .....................................................................................................10
9.2 Liability Insurance ...................................................................................................11
9.3 Sovereign Immunity ................................................................................................11
9.4 Workers' Compensation ..........................................................................................11
9.5 Certificates of Insurance ..........................................................................................12
9.6 Umbrella and Blanket Insurance ..............................................................................12
ARTICLE X -DESTRUCTION OF IMPROVEMENTS
10.1 Partial Destruction .................................................................................................12
10.2 Total Destruction ...................................................................................................13
ARTICLE XI -INDEMNIFICATION ...........................................................................15
ARTICLE XII -ENVIRONMENTAL MATTERS
12.1 Compliance ............................................................................................................16
12.2 Use Limitations .....................................................................................................16
12.3 Audit by Landlord .................................................................................................16
12.4 Final Audit .............................................................................................................16
12.5 Presumptions .........................................................................................................17
12.6 Continuing Obligation ...........................................................................................17
ARTICLE XIII -PREVENTION OF USE ....................................................................17
ARTICLE XIV -EMINENT DOMAIN
14.1 Effect Upon Term ..................................................................................................18
14.2 Temporary Takings ...............................................................................................18
14.3 Option to Terminate ..............................................................................................19
14.4 Reservation of Rights ............................................................................................19
ARTICLE XV -GOVERNMENT SEIZURE ................................................................19
ARTICLE XVI -LANDING FEES ................................................................................19
ARTICLE XVII -DEFAULT
17.1 Remedies for Default ............................................................................................. 20
17.2 Remedies Non-exclusive ....................................................................................... 21
17.3 Waiver of Statutory Requirements ........................................................................ 21
17.4 Advances By Landlord .......................................................................................... 21
17.5 Non-Waiver By Landlord ...................................................................................... 21
17.6 Landlord's Lien ..................................................................................................... 21
ARTICLE XVIII LEASEHOLD ENCUMBRANCES
18.1 Mortgage Authorized .............................................................................................23
18.2 Mortgagee's Rights ...............................................................................................23
18.3 Additional Rights of Mortgagee ............................................................................24
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Sebastian Municipal Airport
Aeronautical Lease Extension(with Construction)
ARTICLE XIX -NOTICES ............................................................................................25
ARTICLE XX -RIGHT TO INSPECT .........................................................................25
ARTICLE XXI -REMOVAL OF FIXTURES ..............................................................26
ARTICLE XXII -AIRPORT-RELATED RESTRICTIONS ......................................27
ARTICLE XXIII -NONDISCRIMINATION ...............................................................27
ARTICLE XXIV -ASSIGNMENT AND SUBLETTING ............................................28
ARTICLE XXV -MISCELLANEOUS
25.1 Binding Effect .......................................................................................................28
25.2 Applicable Law/Venue ..........................................................................................28
25.3 Attorneys Fees .......................................................................................................29
25.4 Identity of Interest .................................................................................................29
25.5 Entire Agreement ...................................................................................................29
Signature Page ......................................................................................................................30
EXHIBIT "A" SURVEY AND LEGAL DESCRIPTION
EXHIBIT "A1" FINAL AS-BUILT SURVEY AND LEGAL DESCRIPTION
EXHIBIT "B" TENANT'S IMPROVEMENTS
EXHIBIT "C" LEASE EXTENSION AGREEMENT
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Sebastian Municipal Airport Aeronautical Lease Extension(with Construction)
AIRPORT
AERONAUTICAL LEASE AGREEMENT
(WITH CONSTRUCTION)
THIS LEASE, made and entered into this day of , by and between
the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of
Florida, (hereinafter referred to as the "Landlord"), and
(hereinafter
referred to as the "Tenant"). The Landlord and the Tenant are sometimes collectively referred
to herein as the "Parties".
wITNESSETH:
WHEREAS, the Landlord is the owner of certain property located in the County of Indian
River, Florida; and
WHEREAS, said property constitutes a portion of the Sebastian Municipal Airport
(hereinafter referred to as the "Airport"); and
WHEREAS, Landlord desires to construct improvements upon said airport property
designated for aeronautical use for the construction of
has developed design and engineering plans and specifications for the same; and
and
WHEREAS, Tenant has expertise in developing and managing improvements of this
nature, and proposes to undertake development of the Improvements on behalf of Landlord
WHEREAS, the Tenant desires to provide
at the
Sebastian Municipal Airport and lease the said property from the Landlord, and compensate
Landlord for transfer of the entrepreneurial opportunity provided by the Improvements; and
WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to
certain terms and conditions, and to that end as set forth hereinafter;
NOW, THEREFORE, in consideration of the premises and the mutual covenants, terms
and conditions to be performed as set forth and hereinafter provided, the receipt and
sufficiency of which are hereby acknowledged, the Parties have agreed as follows:
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Sebastian Municipal Airport Aeronautical Lease Extension(with Construction)
ARTICLE I
PREMISES
Subject to the terms and conditions set forth in this Lease, Landlord hereby demises and
leases to Tenant and Tenant hereby leases from Landlord, that certain land, and any buildings,
structures, fixtures, fences, utility installations, parking facilities, landscaping and irrigation
systems currently existing or hereafter located thereon at Sebastian Municipal Airport, as
more particularly described on Exhibit "A" hereto ("Premises"). Tenant shall cause a survey
to be undertaken at its expense ("Survey"). Upon completion of the Improvements, a final, as-
built survey and legal description will be attached, as Exhibit "A-1 " to this Lease and the size
of the Premises and Annual Rent will be adjusted if necessary. Tenant hereby leases the
Premises subject to, and Tenant hereby agrees to comply with: (i) all applicable building
codes, zoning regulations, and municipal, county, state and federal laws, ordinances and
regulations governing or regulating the Premises or its uses, (ii) all covenants, easements and
restrictions of record, (iii) the Rules and Regulations of Sebastian Municipal Airport, as the
same may be amended from time to time ("Airport Rules"), (iv) the Minimum Standards for
Aeronautical Services for the Sebastian Municipal Airport as the same may be amended from
time to time ("Minimum Standards"), (v) the Development Standards for the Sebastian
Municipal Airport as the same may be amended from time to time, and (vi) the Sebastian
Municipal Airport's current FAA-approved Airport Layout Plan, as the same may be
amended from time to time (the "Airport Layout Plan").
1.1 Condition of Premises. Except as agreed to in Paragraph 1.2 herein, Tenant
accepts the Premises "AS-IS". Tenant acknowledges that Landlord has made no
representations or warranties relating to the suitability of the Premises for any particular use,
other than for the purpose of constructing
and unless
otherwise expressly provided in this Lease, Landlord shall have no obligation whatsoever to
repair, maintain, renovate or otherwise incur any cost or expense with respect to the Premises.
(a) Tenant shall not permit any unlawful nuisance, waste or injury on the Premises.
Tenant agrees to surrender the Premises upon the expiration of this Lease, or earlier
termination hereof in a condition substantially similar to the condition of the Premises on the
Commencement Date together with improvements placed thereon, ordinary wear and tear
excepted.
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Sebastian Municipal Airport
Aeronautical Lease Extension(with Construction)
(b) Tenant shall have the right to terminate this Lease within ninety (90) days from the
Effective Date of this Lease if Tenant is unable to obtain (i) a title insurance policy due to
outstanding liens and/or encumbrances on the Premises (the reverter rights of the federal
government under the original deed to the City of Sebastian excepted), (ii) a successful Phase
I Environmental Survey and, (iii) a building permit for the improvements.
1.2 Construction of Improvements by Tenant. Tenant shall have sole responsibility for
construction of the improvements on the Premises, described in Exhibit "B" hereto,
hereinafter called the "Improvements" on or before
20
Any construction by Tenant on the Premises shall be in accordance with local building codes
and shall also be governed by Exhibit "B" hereto, which is incorporated herein by reference.
1.3 Quiet Enj off. Landlord agrees that, subject to Tenant's performance of the terms
and conditions of this Lease, Tenant shall peaceably and quietly have, hold and enjoy the
Premises in accordance with the terms and conditions of this Lease.
1.4 Permitted uses. The Tenant agrees that the Premises shall be used exclusively for the
purposes of
and related functions in accordance
with the Minimum Standards. Any use of the Premises other than those specifically stated
above are expressly prohibited without the express written consent of the Landlord. Such
consent may be withheld by the Landlord for any reason. All aeronautical businesses and
activities must be certified and licensed by the FAA in the appropriate categories of their
specific operation and shall be incompliance with the Airport Rules and Minimum Standards.
The Tenant agrees that no use of the Premises will be conducted in such a manner as to
constitute a nuisance or a hazard and that, in connection with the use of the Premises, the
Tenant will observe and comply with all applicable laws, ordinances, orders and regulations
prescribed by lawful authorities having jurisdiction over the Premises.
1.5 Si na e. The Tenant shall have the right to erect and maintain such sign or signs on
the Premises as may be permitted by applicable law and the Development Standards;
provided, however, the Landlord must approve any such signs in writing prior to erection.
The Landlord may impose any reasonable restrictions as, in the sole discretion of the
Landlord, are deemed necessary.
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ARTICLE II
TERM OF LEASE
The Effective Date of this Lease Agreement is as first set forth above in the Preamble.
However, the initial Term of the Leasehold hereunder shall include the Construction Term as
defined below and shall continue to run for a period of thirty (30) years from the
Commencement Date as defined below, unless sooner terminated in accordance with the
terms and provisions hereof.
2.1 Construction Term. The Construction Term of this Lease is defined as the period
beginning on the Effective Date and ending immediately prior to the Commencement Date.
2.2 Commencement Date. The Commencement Date of this Lease is defined as the
period beginning on the earlier of (i) the date the Tenant receives a Certificate of Occupancy
for a
on the Premises, or (ii)
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ARTICLE III
OPTIONAL EXTENSION
In the Twenty-Fifth (25) year of the Term and in accordance with Paragraph 4.3, a
separate appraisal of the Premises, including all Improvements thereon shall be performed by
a qualified appraiser selected by the Landlord.
3.1 Tenant Options. Within fifteen (15) days after delivery of this appraisal to Tenant,
Tenant may exercise options A, B, or C, as outlined below:
a. Accept the Annual Rent valuation therein and offer in writing to enter a non-
assignable, nonrenewable lease extension agreement for up to ten (10) additional
years beginning at the end of the Thirty (30) year Term. This extension, herein
referred to as the Renewed Lease Term, shall be in accordance with the all
provisions herein, except applying a new base Annual Rent amount equal to
twelve percent (12%) of the value established in said appraisal in lieu of paying
the Annual Investment Fee. This Extension Agreement shall be substantially in
the form attached hereto as Exhibit "C".
b. Tenant is unsatisfied with the twenty-fifth year Annual Rent valuation, it may
give notice of its intent to commission a second appraisal by a certified real
estate appraiser to be completed within forty-five (45) days.
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i. If said appraisal results in a valuation of the Premises and
Improvements within ten percent (10%) of the initial appraisal, the
figures shall be averaged.
11. If a disparity of greater than ten percent (10%) results, the respective
appraisers shall confer and attempt to negotiate a compromise
va uatlon.
111. If no compromise results, said appraisers shall jointly submit the
name of a qualified appraiser to the parties who shall then jointly
commission a third appraisal. Said appraisal value will be used to
establish the rental amount if it falls between the values of the first
two appraisals. If the value thereof falls outside the range of the first
two appraisals, the relevant value shall be derived from averaging
the three appraisals.
Within thirty (30) days of establishment of a rental value as set forth
above, Tenant may exercise either option contained in subparagraphs A
and C hereof.
c. Tenant also has the option to give notice of its intent to allow the lease to
expire at the end of the thirty-year term.
3.2 Landlord Options. If Landlord does not accept Tenant's offer to enter into a Renewed
Lease Term, the lease shall expire at the end of the thirty-year term, but the Annual Rent for
the final three (3) years of the lease shall be waived as additional consideration to Tenant for
relinquishing ownership of all site improvements thereafter.
3.3 Automatic Increases during Renewed Lease Term. During the Renewed Lease Term,
on each anniversary of the Commencement Date, this Annual Rent shall be increased three
percent (3%) above the existing amount. However, there shall be no further appraisal
adjustments through the remainder of the Term.
ARTICLE IV
RENT
The parties agree that the Annual Rent payable by the Tenant during the Term of this
Lease shall be as follows:
4.1 Annual Rent. Tenant shall pay to the Landlord Annual Rent for the Premises
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(hereinafter referred to as the "Annual Rent") for each twelve (12) month period or portion
thereof during the Initial Term and any Extension Term of this Lease, beginning with the
Commencement Date, in the amount detailed below, which Annual Rent shall be thereafter
payable on a quarterly basis on or before the first day of each third calendar month (or partial
calendar month) thereafter, in amounts equal to one-fourth (1 l4) of the Annual Rent then due,
plus any sales or Annual Rent taxes due on that installment, in advance, in lawful money of
the United States, without deduction or set-off, at the Finance Department office of the
Landlord. Annual Rent for a partial month during the Term of this Lease shall be prorated
based on the number of days in such month.
4.2 Calculation of Annual Rent and Fees. Beginning with the Commencement Date,
Annual Rent shall be paid in the amount equal to cents ( ¢) per square foot
(s.f.) for the Premises. Until completion of the required as-built survey, the Annual Rent shall
be based upon a -acre parcel ( acres x 43,560 s.f. = s.f.) and
adjustments shall be made following receipt of the survey to reconcile previously paid Annual
Rent with the exact land area. Each year on the anniversary of the Commencement Date, the
Annual Rent shall be increased three percent (3%) above the existing amount. However, in
the fifth year of the Term and every fifth year thereafter through the end of the Term, in lieu
of this automatic annual adjustment, the Annual Rent shall be adjusted by reappraisal to ten
percent (10%) of the fair market value of the Premises excluding any Improvements made by
Tenant; however, in no event shall an increase in Annual Rent based upon reappraisal exceed
ten percent (10%) of the Annual Rent applicable in the year prior to the scheduled increase
nor shall the Annual Rent ever be less than the amount applicable in said prior year.
4.3 Fair Market Value. The Fair Market Value (FMV) of the Premises excluding any
Improvements made by Tenant shall be determined by appraisal within six (6) months of the
date on which an adjustment to the Annual Rent is to become effective. Said appraisal shall be
based on the value of comparable property at Airports within the State of Florida and shall not
be restricted to the consideration of properties located at the Airport. The Landlord shall select
a qualified appraiser ("First Appraiser") and notify Tenant of such selection, and the First
Appraiser shall proceed to determine the then fair market value of the Premises excluding any
Improvements made by Tenant and shall provide Tenant and Landlord with a copy of such
appraisal. If Tenant is not satisfied with the First Appraiser's appraisal, Tenant within fifteen
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(15) days after receipt of such appraisal shall notify Landlord of Tenant's selection of a
second appraiser ("Second Appraiser"). If Tenant does not so select a Second Appraiser and
notify Landlord of such selection within such fifteen (15) day period, the First Appraiser's
appraisal shall be conclusive as to the then fair market value of the Premises excluding any
Improvements made by Tenant.
If a Second Appraiser is so selected, he shall prepare an appraisal and a copy thereof shall
be delivered to Landlord within forty-five (45) days. If the two appraisals determine
valuations within ten percent (10%) of one another, the valuations shall be averaged to
establish Fair Market Value. If the values vary by more than ten percent (10%), however, the
First and Second Appraisers shall meet within fifteen (15) days after the Second Appraiser's
report is delivered and attempt to agree on the Fair Market Value.
If the First and Second Appraisers cannot agree, within fifteen (15) days after such
meeting, on the then Fair Market Value of the Premises, then the First and Second Appraisers
shall select a Third Appraiser who shall evaluate the two appraisals thus rendered, meet with
the First and Second Appraisers, and establish a Fair Market Value within the parameters
established by the reports of the First and Second Appraisers. After reaching a decision, the
Third Appraiser shall give written notice thereof to Landlord and Tenant.
Each party shall pay the fees and expenses of each appraiser appointed by such party, and
the fees and expenses of the Third Appraiser and all other expenses, if any, shall be borne
equally by both parties. Any appraiser designated to serve in accordance with the provisions
of this Agreement shall be designated as an "MAI" appraiser by the American Institute of
Real Estate Appraisers or shall be comparably qualified to appraise commercial real estate,
shall be disinterested and shall have been actively engaged in the appraisal of airport real
estate for a period of not less than five (5) years immediately preceding his appointment.
In the event the then fair market rental value of the Premises has not been determined in
accordance with the provisions of this Paragraph until after the date upon which the required
adjustment is to become effective, payments of the monthly installments of the Annual Rent
shall be based upon the rental amount previously in effect. Once determined, the new Annual
Rent shall become effective, retroactive to the date upon which such adjustment was required,
and within thirty (30) days after the Tenant has received notice of the new Annual Rent,
Tenant shall pay to Landlord any additional Annual Rent that is due and owing, or if
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applicable, the Landlord shall reimburse Tenant for the amount of any overpayment of
Annual Rent.
4.4 Fuel Surcharge. Tenant, upon successful completion of
will, at
Tenant's own option, be permitted to install and operate a self fueling system within the
Premises or other area as approved by the Landlord. Tenant shall pay to the Landlord five
cents (5 ¢) for every gallon of aviation fuel delivered to Tenant at the Premises. The amount of
said fuel surcharge may be modified on an Airport-wide basis from time to time by
Resolution of City Council. Said payments shall be made at the time of paying Annual Rent,
for the previous period, shall be itemized and shall be accompanied by a copy of the fuel
delivery receipts, or such other relevant documents requested by Landlord, for the subject
time period. Landlord shall have a right to audit Tenant's financial records relating to fuel
deliveries upon seventy-two hours written notice.
4.5 Sales Tax. Tenant shall pay Florida sales tax on Annual Rent, if applicable.
4.6 Time of the Essence. The Tenant agrees promptly to perform, comply with and abide
by this Lease, and agrees that timely payment is of the very nature and essence hereof.
4.7 Interest on Amounts Due. Any installment of Annual Rent, Rent, or other amounts
due from Tenant under this Lease, that is not received within ten (l o) business days after it is
due, shall bear interest from the date when the same was due until paid by Tenant at the
interest rate of eighteen percent (18%) per annum.
ARTICLE V
IMPROVEMENTS TO THE PREMISES
5.1 Construction Risks. The Tenant shall indemnify, defend and hold the Landlord
harmless from any claims, losses, damages or liens arising out of the construction of any such
buildings or structures.
5.2 Confirmation of Ownership. At the end of the Term or earlier termination of this
Lease, for any reason, the Tenant shall, at Landlord's request, execute any and all documents
of transfer which Landlord deems necessary to perfect title to said Improvements. The Tenant
agrees that all improvements shall, upon the termination of this Lease for any reason, be free
and clear of all encumbrances, liens, and title defects of any kind.
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ARTICLE VI
REPAIRS AND ALTERATIONS
The Landlord shall not be obligated to maintain or repair the Premises or any
improvements located thereon or any part thereof during the Term or any renewal thereof.
The Tenant agrees, at its sole cost and expense, to maintain all of the Improvements,
(except for the electronic AOA Access Gate leading to the Premises, which once installed by
Tenant, will be maintained by Landlord.) including, but not limited to, buildings (and all parts
thereof) and the parking and service areas located on the Premises in a good state of
maintenance and repair and to keep the Premises in a clean, neat and orderly condition in
accordance with local ordinances, including but not limited to the Sebastian Land
Development Code, the Development Standards, the Minimum Standards, the Airport Rules,
and all other applicable community standards and/or ordinances. It is an express condition of
this Lease that the Premises be kept in an attractive and clean manner at all times.
Upon obtaining the prior written consent of the Landlord, which consent may not be
unreasonably withheld, the Tenant, at its sole cost and expense, may erect such additional
improvements on the Premises as it deems appropriate and may make such alterations or
major renovations to the then existing improvements as it deems appropriate, provided,
however, that such alterations or renovations shall not disturb the structural integrity of such
existing improvements, and provided that the alterations or renovations shall comply with all
applicable governmental regulations.
The Tenant shall indemnify, defend and hold the Landlord harmless from any claims,
losses, damages or liens arising out of or in any way connected with such additions or
renovations.
ARTICLE VII
UTILITIES
The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat,
janitor service, refuse storage and removal, or any other utility or service consumed in
connection with the Premises. The Landlord shall have no liability for the failure to procure,
or the interruption of, any such services or utilities.
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ARTICLE VIII
TAXES
8.1 Property Taxes and Assessment. The Tenant shall pay when due during the Term
all ad valorem taxes (if applicable), assessments (including, without limitation, stormwater
utility charges) or any other governmental charge levied or assessed against the Premises
(including the Tenant's leasehold by the appropriate governmental authorities), together with
all ad valorem taxes (if applicable) assessment or other governmental charge levied against
any stock of merchandise, furniture, furnishings, equipment and other property located in, or
upon the Premises, owned by the Tenant. All shall be paid by the Tenant on a timely basis
and receipts therefore shall be provided to the Landlord upon request.
8.2 Partial Year. If the Term of this Lease expires or is earlier terminated prior to the
close of the tax year for which any such tax is payable, or if the Term of this Lease
commences on a date other than the first day of such tax year, Tenant shall be responsible for
paying a percentage of the tax calculated by dividing the number of days that this Lease was
in effect during such tax year by the total number of days that the Premises was leased to
Tenant (excluding any Tenant engaging in a use of the Premises which results in the Premises
being exempt from taxation) during such tax year. If this Lease is in effect for a period less
than any entire period for which an assessment other than a tax is imposed, Tenant shall pay a
percentage of the assessment calculated by dividing the number of days this Lease was in
effect during that assessment period by the total number of days in the assessment period.
8.3 Delayed Payment: In the event Tenant fails to pay such taxes and assessments when
due, Tenant shall be obligated to pay all resulting interest and penalties on such delinquent
taxes and assessments. Tenant may exercise any rights provided by law to contest or pay
under protest any taxes and shall not thereby be deemed in default under this Lease, provided
that such contest or payment under protest does not result in the imposition of a lien for
delinquent taxes on the Premises or any Improvements, and Tenant promptly pays all taxes
and assessments (and any interest and penalties with respect thereto) ultimately determined to
be due. No provision of this Lease shall be construed as a release or waiver on the part of
Landlord of the right to assess, levy or collect any license, personal property, intangible,
occupation or other tax which they, or either of them, may lawfully assess, levy or collect on
the business or property of Tenant. Tenant's obligations under this Article shall survive the
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expiration or earlier termination of the Term of this Lease.
8.4 Payment of Sales Tax. Tenant shall be liable, at its sole expense, for any sales, use or
similar taxes with respect to all Annual Rent, Rent, and other payments made by Tenant
pursuant to this Lease, which are subject to such taxes. Tenant shall indemnify, defend and
hold Landlord completely harmless from and against any liability, including any interest and
penalties, which might arise in connection with Tenant's failure to timely remit any such
taxes.
ARTICLE IX
INSURANCE
Tenant must provide insurance coverage meeting or exceeding the requirements herein.
9.1 Hazard Insurance. Tenant shall at its sole expense, obtain and maintain throughout
the Term of this Lease, property insurance on and for all Improvements, equipment,
furnishings and other personal property now or hereafter erected, installed or used at the
Premises, on a not less than eighty percent (80%) of replacement cost basis, for the benefit of
Landlord and Tenant as their interests may appear, with such coverage, in such form, and with
such company or companies as Landlord shall approve in writing, which approval will not be
unreasonably withheld, including coverage for damage by fire, the elements or other casualty
with standard extended endorsements. Tenant, on behalf of itself and its insurance carriers,
hereby waives any and all rights of recovery which it may have against Landlord or any other
party who it is required to indemnify in accordance with the provisions of this Lease, for any
loss of or damage to property it may suffer as a result of any fire or other peril insured under
an insurance policy which it is required to obtain hereunder.
9.2 Liability Insurance. Tenant shall, at its sole expense, obtain and maintain throughout
the Term of this Lease, automobile liability insurance on all automobiles used in connection
with its operations at the Premises, environmental contamination remediation coverage, and
airport/commercial general liability insurance protecting the Landlord and Tenant (including,
without limitation, all members of the governing board of Landlord), officers, agents and
employees of each, from and against any and all liabilities arising out of or relating to
Tenant's Permitted Uses, or the conduct of its operations on the Premises, in the amount of not
less than $2 million, except for the environmental remediation coverage which shall be on a
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"claims made" basis and be in an amount of not less than $1 million per loss and $2 million
for all losses (or such greater amount as may be maintained by Tenant from time to time) per
occurrence, in such form, and with such company or companies as Landlord shall approve in
writing, which approval shall not be unreasonably withheld. Such insurance shall include
contractual liability coverage for Tenant's covenants to indemnify the Landlord and the other
parties as required under this Lease and shall provide that it is primary insurance as respects
any other valid and collectible insurance the Landlord or any of the other additional insured
may possess, including any self insured retention or deductible any of them may have, and
that any other insurance carried by any of them shall be considered excess insurance only.
9.3 Sovereign Immunity. The coverage limits of Paragraph 8.2 shall be adjusted
proportionally to any increases in the limits of the sovereign immunity waivers provided
Landlord under law; however, nothing in this paragraph shall be construed as a waiver by
Landlord of the protections of sovereign immunity.
9.4 Workers' Compensation. Tenant shall keep in force, at its sole expense, workers'
compensation or similar insurance affording the required statutory coverage and requisite
statutory limits. Tenant shall also maintain throughout the term of this Lease employer's
liability insurance with limits of liability of not less than $500,000 for each of the "each
accident," "disease policy limit," and "disease each employee coverage," or a self insured
program with comparable coverage. Such workers' compensation and employer's liability
insurance or self insured program shall contain a waiver of any right of subrogation against
Landlord.
9.5 Certificates of Insurance. Within thirty (30) days after the Commencement Date of
this Lease, and within thirty (30) days after the expiration of any policy or policies provided
by Tenant hereunder, Tenant shall furnish an original certificate of insurance to Landlord
evidencing such coverage, naming the Landlord as an additional insured under the policies
required by this Article, and confirming that the policy or policies will not be canceled or
modified nor the limits thereunder decreased without thirty (30) days' prior written notice
thereof to Landlord. Tenant shall also provide Landlord with copies of endorsements and
other evidence of the coverage set forth in the certificate of insurance as Landlord reasonably
may request. If Tenant fails to comply with the terms of this Article, Landlord, shall have the
right, but not the obligation, to cause insurance as referenced herein to be issued, and in such
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event Tenant shall pay the premium for such insurance upon Landlord's demand. Landlord
shall have the right, exercisable on ninety (90) days prior written notice to Tenant, to require
Tenant, from time to time to reasonably increase the monetary limits or coverage provided by
such policy or policies.
9.6 Umbrella and Blanket Insurance Any such insurance may be maintained by means of a
policy or policies of blanket insurance covering additional items or locations or insureds
and/or umbrella insurance.
ARTICLE X
DESTRUCTION OF IMPROVEMENTS
Damage to the Improvements by fire or other casualty shall not cause an abatement of
Tenant's obligation to pay pro-rated Annual Rent to Landlord, or to make any other payments
required to be made by Tenant under this Lease, except as follows:
10.1 Partial Destruction. In the event that less than eighty percent (80%) (based on
square footage) of the principle building/improvements at the Premises is damaged or
destroyed by fire or other casualty, the provisions of this paragraph shall apply.
a. Tenant shall give prompt written notice thereof to Landlord, and Tenant, at its
own expense, shall promptly repair, replace and rebuild the same, at least to the
same extent as to the value and as nearly as practical to the character of the
Improvements existing immediately prior to such time.
b. Upon receipt by Tenant and the Landlord of the proceeds of any property or
builder's risk insurance policy or policies, Tenant and the Landlord shall deposit
same in an interest-bearing escrow account to pay for the cost of such repair,
replacement and rebuilding. Tenant shall receive and hold such proceeds (and
any interest earned thereon) in trust for such work, and Tenant shall distribute
such proceeds (and any interest earned thereon during construction) solely to pay
the cost of such work. If the amount of such insurance proceeds (together with
the interest earned thereon) is insufficient to pay the costs of the necessary repair,
replacement or rebuilding of such damaged improvements, Tenant shall pay any
additional sums required, and if the amount of such insurance proceeds (together
with the interest earned thereon) is in excess of the costs thereof; the amount of
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such excess shall be retained by Tenant.
c. During such period of partial destruction, the Tenant obligations for Annual Rent
and other payments, shall be partially abated based upon a fair and reasonable
prorated basis, comparing the percentage of destruction to the total square
footage of the Improvements.
10.2 Total Destruction. In the event more than eighty percent (80%) of the principal
improvement erected on the Premises is destroyed by fire or other casualty, the Tenant, at its
option, may cause said improvements to be replaced or said damage to be repaired as rapidly
as practicable. The Landlord shall proportionally abate the Tenant's Annual Rent during this
time for replacement or repair.
a. In the event the Tenant elects to repair and/or replace the building and other
improvements on the Premises, the provisions of Paragraph 10.1(b) shall apply.
b. If the Tenant, at its option, elects not to repair and/or replace the building and
improvements upon the Premises, the Tenant shall, at its sole expense, remove all
remaining portions of the damaged or destroyed building and improvements and
all rubble or debris resulting therefrom and properly dispose of such debris in
accordance with all applicable laws and/or regulations. Thereafter, the Lease
shall be terminated and the Tenant and Landlord shall share the remaining
insurance proceeds according to the following process:
i. Any outstanding mortgages encumbering Tenant's leasehold interest in and
occasioned by construction of said improvements shall be paid through the
insurance proceeds. Any and all dollars left after repayment of mortgages
shall herein be referred to as Remaining Proceeds.
11. An Investment Ratio shall be determined by dividing the Tenant's total
contribution (including the unamortized mortgage amount for the
construction of such improvements) by the total cost of Improvements {FOR
EXAMPLE: if total Tenant contribution is X500, 000 and total project cost is
~1, 600, 000, then the Investment Ratio would be .50 or 50%}. This Investment
Ratio shall be calculated by Tenant, utilizing the method shown, within sixty
(60) days after completion of such improvements and will be attached hereto
as Exhibit "F".
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111. A Prorated Rate shall be determined by dividing the number of years
remaining on the Lease by Thirty (30). {FOR EXAMPLE: if there aNe 20.5
years remaining on the lease, then the Prorated Rate will be .683 or 68.3%}.
iv. The Remaining Proceeds shall be multiplied by both the Investment Ratio
and the Prorated Rate. This amount shall be paid to the Tenant, less any sums
paid under the conditions of Paragraph (i) above. The balance of the
Remaining Proceeds shall be paid to the Landlord. {FOR EXAMPLE:
Remaining Proceeds (~1, 000, 000) x Investment Ratio (.5) x Prorated Rate
(.683) _ $341, 500 - 0200, 000) Mortgage amount = X141, 500 paid to
Tenant and X858,500 paid to Landlord}.
ARTICLE XI
INDEMNIFICATION
Tenant shall indemnify, defend and hold completely harmless Landlord and, from and
against any and all liabilities (including, but not limited to, liability with respect to any
Hazardous Substances and liability under the Comprehensive Environmental Response,
Compensation and Liability Act, as it may be amended from time to time } "CERCLA" }, and
any other Environmental Law), losses, suits, claims, demands, judgments, fines, damages,
penalties, costs and expenses (including all costs for investigation and defense thereof,
including but not limited to court costs, reasonable expert fees and reasonable attorneys' fees
and costs, including fees and charges for the services of paralegals or other personnel working
under the supervision of such attorneys } "Attorneys' Fees" }) which may be incurred by,
charged to or recovered from any of the foregoing: (i) by reason or on account of damage to
or destruction of any property of Landlord, or any property of, injury to or death to any person
resulting from or arising out of the use, occupancy or maintenance of the Premises or any
Improvements, or the Tenant's operations thereon, or the acts or omissions of Tenant's
officers, employees, agents, contractors, subcontractors, licensees or invitees, regardless of
where the damage, destruction, injury or death occurred, except to the extent that such
liability, loss, suit, claim, demand, judgment, fine, damage, penalty, cost or expense was
proximately caused by the person to be indemnified hereunder, (ii) arising out of the failure of
Tenant to keep, observe or perform any of the covenants or agreements in this Lease to be
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kept, observed or performed by Tenant, or (iii) imposed on or assessed against the Landlord
by reason of or arising out of any act or omission on the part of Tenant, any subTenant or any
other person acting by, through or for Tenant or any subTenant of Tenant. Landlord agrees to
give Tenant reasonable notice of any suit or claim for which indemnification will be sought
by it hereunder, to allow Tenant or its insurer to compromise and defend the same to the
extent of its interest and to reasonably cooperate with the defense of any such suit or claim. In
carrying out its obligations hereunder, Tenant shall use counsel reasonably acceptable to the
Landlord. The provisions of this Article shall survive the expiration or earlier termination of
this Lease with respect to any acts or omissions occurring during the term of this Lease.
ARTICLE XII
ENVIRONMENTAL MATTERS
12.1 Compliance. Tenant shall comply with all "Environmental Laws", which are
defined as all applicable federal, state and local statutes, laws, ordinances, regulations,
administrative rulings, orders and requirements pertaining to the protection of the
environment, including but not limited to, the Landlord's rules and regulations, and including,
but not limited to those regulating the use, storage, handling and disposal of any contaminant,
toxic or hazardous waste, or any other substance the removal of which is required or the use
of which is restricted, prohibited or penalized under any federal, state or local statute, law,
ordinance, regulation, rule or judicial or administrative order with respect to environmental
conditions, health, or safety, including, without limitation, asbestos or petroleum products
("Hazardous Substances") and stormwater pollution prevention.
12.2 Use Limitations. Further, during the Term of this Lease, neither Tenant nor any
agent or party acting at the direction or with the consent of Tenant shall use, store, handle or
dispose of by any means any Hazardous Substances at the Premises, except that Tenant shall
be entitled to use Hazardous Substances of the type and in the quantities typically used by
companies performing
in accordance with all applicable
Environmenta Laws.
12.3 Audit by Landlord. Upon reasonable notice to Tenant, the Landlord may conduct or
cause to be conducted through a third party that it selects, an environmental audit or other
investigation of Tenant's operations to determine whether Tenant has breached its obligations
under subparagraph (a) above. Tenant shall pay all costs associated with said investigation
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and if such investigation shall disclose any such breach by Tenant, and shall immediately
remediate any contamination resulting from the same.
12.4 Final Audit. Within thirty (30) days prior to the expiration or termination of this
Lease, Tenant shall commence a Phase I Environmental Assessment ("Phase I-EA") in
accordance with ASTM Standard ASTM E-1527, or such other commonly recognized
standard as may be in effect at that time, on the Premises. If the Phase I-EA reveals any areas
of environmental concern that, in the Landlord's reasonable discretion, warrant further
investigation, Tenant shall commence an appropriate Phase II Environmental Assessment
("Phase II-EA") including sampling and analysis of soil and groundwater necessary to
determine whether or not contamination has occurred. Copies of the EAs shall be provided to
the Landlord upon completion and shall be certified to be for the benefit of the Landlord by
the environmental consultant performing the EA. Tenant shall promptly undertake and pursue
diligently to completion any remedial measures indicated by the above-described
environmenta assessments.
12.5 Presumptions. Notwithstanding any other provision hereof Tenant does not
undertake any obligation to remediate, or to take any other action with respect to any
environmental condition not attributable to actions at the Premises (or elsewhere at the
Airport) by Tenant, its officers, employees, agents, contractors, subcontractors, licensees or
invitees. After construction commences, the presence of any Hazardous Material on the
Premises shall raise the rebuttable presumption that Tenant is the cause of such presence and
any flumes emanating from the Premises.
12.6 Continuin.~ Obli a.~ tion. The provisions of this Article shall survive the expiration or
earlier termination of the Term of this Agreement.
ARTICLE XIII
PREVENTION OF USE
If, after the effective date of this Lease, the Tenant is precluded or prevented from using
the Premises for those primary purposes identified in Article IV of this Lease, by reason of
any zoning law, ordinance or regulation of Landlord or others having jurisdiction over the
Premises and such prohibition shall continue for a period in excess of ninety (90) consecutive
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days, the Tenant may terminate this Lease by giving Landlord fifteen (15) days notice in
writing, in addition to any other remedies available to Tenant applicable by law.
ARTICLE XIV
EMINENT DOMAIN
If all of the Premises shall be taken under a power of eminent domain by another
governmental agency, all of the compensation or proceeds awarded for the taking of the land,
building and/or improvements on the Premises shall be divided amongst the Landlord and
Tenant according to the following process:
a. Any outstanding mortgages encumbering Tenant's leasehold interest in and
occasioned by construction of said improvements shall be paid in full through
such award. Any and all dollars left after repayment of mortgages shall herein be
referred to as Remaining Proceeds.
b. As listed above, in Paragraph 10.2, an Investment Ratio shall be determined by
dividing the Tenant's total contribution (including the unamortized mortgage
amount for the construction of such improvements) by the total cost of
Improvements {FOR EXAMPLE: if total Tenant contribution is $800, 000 and
total project cost is ~1, 600, 000, then the Investment Ratio would be .5 or 50%}.
This Investment Ratio shall be calculated by Tenant, with method shown, within
sixty (60) days after completion of such improvements and will be attached
hereto as Exhibit "F".
c. The Remaining Proceeds shall be multiplied by the Investment Ratio. This
amount shall be paid to the Tenant, less any sums paid under the conditions of
Paragraph (i) above. The balance of the Remaining Proceeds shall be paid to the
Landlord. {FOR EXAMPLE: Remaining Proceeds (~1, 000, 000) x Investment
Ratio (.5) _ X500, 000 -Mortgage amount 0200, 000) _ X300, 000 paid to Tenant
and X700, 000 paid to Landlord}.
It is understood and agreed that all condemnation proceeds for any Partial Taking of the
Premises shall be held in trust and used for the repair and reconstruction of the Premises and
replacement of the Improvements, with any portion of such proceeds not needed for such
repair, reconstruction and replacement to be retained by Landlord.
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14.1 Effect upon Term. Upon a Taking of the entire Premises, Tenant's interest in this
Lease shall continue until the Taking is completed by deed, contract or final order of
condemnation, unless otherwise specified by court order. If the Taking is of substantially all
of the Premises, Tenant may, by notice to Landlord within ninety (90) days after Tenant
receives notice of the Taking, elect to treat the taking in accordance with the preceding
sentence. If Tenant does not so notify Landlord, this Lease shall remain in full force and
effect covering the balance of the Premises not so taken, except that the Annual Rent payable
hereunder by Tenant shall be equitably adjusted (a "Partial Taking").
14.2 Tempora , Takings. Upon any Taking of the temporary use of all or any part of the
Premises or Improvements, or both, neither the Term nor the Annual Rent shall be reduced or
affected in any way and Tenant shall be entitled to any award for the use or estate taken.
14.3 Option to Terminate. If either a temporary or partial taking is to such an extent that
it is impracticable for the Tenant to continue the operation of its business on the Premises, the
Lease, at the option of either party, may be terminated.
14.4 Reservation of Rights. Nothing herein shall prevent the Landlord and/or the Tenant
from seeking any and all damages sustained from the condemning agency by reason of the
exercise of the power of eminent domain, specifically including the right of Tenant to claim
usiness amages.
ARTICLE XV
GOVERNMENT SEIZURE
In the event the United States Government, or any agency or subdivision thereof, at any
time during the term of this Lease takes over the operation or restricts the use of the airfield
and/or Airport which results in the Tenant being unable to operate under the terms of the
Lease, then the Lease may be extended upon mutual agreement of the Tenant and the
Landlord for an additional period equal to the time the Tenant has been deprived of the value
of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, either party,
at its sole discretion, may terminate this Lease.
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ARTICLE XVI
LANDING FEES
Tenant is specifically prohibited from charging Landing or any other type of runway use
fees. Nothing in this Lease shall act to prohibit the Landlord from charging such fees, as it
eems necessary or estrous.
ARTICLE XVII
DEFAULT
The occurrence of any of the following shall constitute an event of default (an "Event of
Default") by Tenant under this Lease: (i) the failure of Tenant to make any payment of
Annual Rent, Rent, or any other payment required to be made by Tenant hereunder when due
which failure is not remedied within ten (10) days following receipt of written notice from
Landlord; (ii) the failure of Tenant to keep, observe or perform any other material covenantor
agreement herein, and the continued failure to observe or perform any such covenant or
agreement after a period of thirty (30) days after written demand; (iii) commencement by or
against the Tenant of an insolvency or bankruptcy proceeding, including, without limitation, a
proceeding for liquidation, reorganization or for the readjustment of its indebtedness, or the
insolvency of the Tenant, or an assignment or arrangement for the benefit of its creditors or
the appointment of a receiver, trustee or custodian, provided, however, that any of the
foregoing set forth in this subsection which is commenced by a person other than Tenant shall
not constitute an Event of Default if it is discharged within sixty (60) days following receipt
of written notice from Landlord; or (iv) the placement of any lien upon the Premises or any
Improvements (excluding liens for taxes which are not delinquent and Mortgages permitted
hereunder) which is not discharged of record by payment or bond within thirty (30) days
following receipt of written notice from Landlord.
17.1 Remedies for Default. Upon the occurrence of an Event of Default, the Landlord
may in its sole discretion pursue any of the following remedies, or such other remedies as may
be available to the Landlord at law or inequity:
a. Landlord may terminate the Lease and re-enter and repossess the Premises; or
b. Landlord may, without terminating this Lease, terminate Tenant's right to
possession of the Premises, retake possession of the Premises, and recover
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immediately from the Tenant damages calculated as follows:
i. all unpaid Annual Rent and other payments due from Tenant that had been
earned at the time of termination of Tenant's right to possession, together
with,
11. the amount by which the unpaid Annual Rent and other payments due from
Tenant, earned after the date of termination of Tenant's right to possession
of the Premises until the time of award, exceeds the amount of the loss of
Annual Rent and other payments due from Tenant that Landlord proves has
been or could have reasonably been avoided.
For purposes of the calculation of damages described above, and in subsection (c)
below, payments other than Annual Rent due from Tenant after the termination of
Tenant's right to possession of the Premises shall be based upon the average of
such payments payable during the thirty-six (36) month period prior to the
termination of possession (or, if shorter, the prior period of the Term of the Lease).
Upon entry of judgment for such damages, as described above, this Lease shall
be deemed to be terminated; or
c. Landlord may, without terminating this Lease, terminate Tenant's right to
possession of the Premises, retake possession of the Premises and re-let the
Premises, or any part or parts thereof for the account of Tenant for a term which
may, at Landlord's option, be less than or exceed the period which would
otherwise have constituted the balance of the Term of this Lease. In such event
Tenant shall pay to Landlord any deficiency between the Annual Rent and other
charges herein reserved and the net amount of the rents and other charges collected
on account of any other lease of the Premises for each month of the period that
would otherwise have constituted the balance of the Term of this Lease. Landlord
may recover such deficiency from Tenant at the time each payment becomes due
under the Lease.
Irrespective of the exercise of either of the above-referenced options, Landlord shall have
the right to recover all unpaid Annual Rent, Annual Rent and other payments earned by
Landlord prior to the date of termination of possession or of the Lease, and all of Landlord's
costs, charges and expenses, including reasonable Attorneys' Fees, incurred in connection
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with the recovery of sums due under this Lease, or due to the breach of any covenant or
agreement of Tenant contained in this Lease, including any costs and expenses of re-letting
the Premises, such as all necessary repairs and renovations, all brokerage fees and Attorneys'
Fees. Landlord will have the right at any time following an Event of Default to elect to
terminate the Lease. No action taken by Landlord pursuant to this Article shall be deemed to
terminate this Lease unless written notice of termination is given by Landlord to Tenant.
17.2 Remedies Non-exclusive. The rights and remedies given to Landlord by this Lease
shall not be exclusive, and in addition thereto, Landlord shall have such other rights and may
pursue such other remedies as are provided by law or in equity. All such rights and remedies
shall be deemed to be cumulative, and the exercise of one such right or remedy by Landlord
shall not impair its standing to exercise any other right or remedy.
17.3 Waiver of Statutory Requirements. Tenant hereby expressly waives any notices of
default not specifically provided for herein, including, without limitation, the notice
requirements provided for in Section 83.20, Florida Statutes, and all rights of redemption, if
any, granted under present or future law in the event Tenant shall be evicted or dispossessed
for any cause, or in the event Landlord shall obtain possession of the Premises by virtue of the
provisions of this Agreement or otherwise.
17.4 Advances By Landlord. The Landlord shall have the option, without waiving or
impairing any of its rights hereunder, to pay any sum or perform any act required of the
Tenant, and the amount of and the value thereof, together with interest thereon, shall be
secured by this Lease, and shall be promptly due and payable to the Landlord. If Landlord has
paid any sums of money or incurred any obligation or expense for which Tenant is obligated
to pay or reimburse Landlord, or if Landlord is required or elects to do so because of the
failure of Tenant to perform any of the terms or conditions of this Lease, then the same shall
be deemed Annual Rent and shall be paid to Landlord in accordance with Article III herein.
17.5 Non-Waiver By Landlord. No waiver of any covenant or condition or of the breach
of any covenant or condition of this Lease shall constitute a waiver of any subsequent breach
of such covenant or condition or justify or authorize the non-observance on any other
occasion of the same or of any other covenant or condition hereof. The acceptance of Annual
Rent, Annual Rent or other payments from Tenant by Landlord at any time when Tenant is in
default under this Lease shall not be construed as a waiver of such default or of Landlord's
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right to exercise any remedy arising out of such default, nor shall any waiver or indulgence
granted by Landlord to Tenant be taken as an estoppel against Landlord, it being expressly
understood that Landlord may at any time thereafter, if such default continues, exercise any
such remedy in the manner hereinbefore provided or as otherwise provided by law or in
equity.
17.6 Landlord's Lien. In the event of the Tenant's breach of any of the provisions of this
Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and
profits from the Premises as additional security to the Landlord for the Tenant's faithful
performance of each of the terms and provisions hereof, and to secure payment of all sums
owing to the Landlord hereunder, subject to any mortgages encumbering the Premises from
the development of the Improvements. Such liens shall be superior in dignity to the rights of
the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the
Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's
termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such
revenues, income, rents, earnings and profits derived or accruing from the Premises from the
date of such termination by the Landlord shall constitute the property of the Landlord, and the
same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall
not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's
property. The provisions of this paragraph shall be effective without the Landlord's re-entry
upon the Premises or repossession thereof, and without any judicial determination that the
Tenant's interest under said lease has been terminated.
ARTICLE XVIII
LEASEHOLD ENCUMBRANCES
18.1 Mortgage Authorized. Tenant may encumber only its leasehold estate by the
execution and delivery of a Mortgage. Landlord's written consent is required before any
mortgage, other than one for construction on the Premises, is made which encumbers said
Leasehold estate. Landlord will not subordinate its interest in the Premises or in this Lease to
any Mortgage. The Mortgagee of any such Mortgage may deliver to Landlord a written
notice specifying (i) the amount of the obligation secured by the Mortgage and the date(s) of
the maturity thereof; and (ii) the name and address of the Mortgagee. After receipt of such
notice, Landlord shall serve such Mortgagee by certified or registered mail, at the latest
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address furnished by such Mortgagee, a copy of every notice of default or demand served by
Landlord upon Tenant under the terms and provisions of this Lease so long as such Mortgage
is in effect. In the event of any assignment of a Mortgage or in the event of a change of
address of the Mortgagee or of an assignee of such Mortgage, notice of the new name and
address shall be provided to Landlord.
18.2 Mortga ee.~ 's Rights. Upon receipt of a notice of default, Mortgagee shall have thirty
(30) days after receipt of such notice within which, at Mortgagee's election, either: to cure the
default if it can be cured by the payment or expenditure of money; to perform such other
action as may be necessary to cure the default or if the default is not a default in the payment
or expenditure of money and is curable but cannot be cured within thirty (30) days, to
commence performance within such thirty (30) day period and thereafter diligently prosecute
the same to completion, in which event the default will be deemed to have been cured. In the
event it is necessary for Mortgagee to obtain possession of the Premises in order to cure a
default, Mortgagee shall be deemed to have cured said default if it institutes foreclosure
proceedings within such thirty (30) day period and completes such foreclosure proceedings or
otherwise acquires Tenant's interest under this Lease with diligence and continuity and
thereafter commences and diligently proceeds to cure such default; provided, however, that
Mortgagee shall not be required to continue such possession or continue such foreclosure
proceedings if the default which would have been the reason for serving a default notice shall
be cured, and provided further, that nothing in this Article shall preclude Landlord from
exercising any rights or remedies under this Lease with respect to any other default by the
Tenant during any period of such forbearance.
18.3 Additional Rights of Mort gee. In the event of foreclosure by any Mortgagee, the
purchaser at the foreclosure sale or the Person acquiring Tenant's interest in lieu of
foreclosure shall succeed to and be bound by all of Tenant's rights, interests, duties and
obligations under this Lease. In the event that a Mortgagee shall become the owner or holder
of the Tenant's interest by foreclosure of its Mortgage or by assignment of this Lease in lieu
of foreclosure or otherwise, the term "Tenant", as used in this Lease, means only the owner or
holder of the Tenant's interest for the time being so that, in the event of a sale, assignment or
other disposition of the Tenant's interest in this Lease by the Mortgagee, the Mortgagee shall
be entirely freed and relieved of all covenants and obligations of the Tenant under this Lease
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arising after the date of such sale, assignment or other disposition, and it shall be deemed and
construed, without further agreement between Landlord and Mortgagee or between Landlord,
Mortgagee and the Mortgagee's purchaser or assignee at any such sale or upon assignment of
Tenant's interest, that the purchaser or assignee of Tenant's interest has assumed and agreed
to carry out any and all covenants and obligations of Tenant.
In the event of the termination of this Lease or of any extension of said Lease prior to its
stated expiration date, or in the event of the termination of Tenant's right to possession of the
Premises as a result of an event of default by Tenant hereunder, Landlord will enter into a
new lease of the Premises with Mortgagee or, at the request of such Mortgagee, with a
corporation which is wholly owned by such Mortgagee, for the remainder of the term
effective on the date of such termination of this Lease (or termination of Tenant's right to
possession of the Premises) at the Annual Rent and upon the covenants, agreements, terms,
provisions and limitations contained in this Lease, provided that such Mortgagee makes
written request and executes, acknowledges and delivers to Landlord such new lease within
thirty (30) days from the date of such termination of this Lease (or termination of Tenant's
right to possession of the Premises) and such written request and such new lease are
accompanied by payment to Landlord of all amounts then due to Landlord, including
Attorneys' Fees incurred by Landlord in connection with any such default and termination as
well as in connection with the execution and delivery of such new lease. In addition,
immediately upon execution of such new lease, Landlord shall execute, acknowledge and
deliver to Mortgagee an assignment of all subleases covering the Premises which theretofore
may have been assigned and transferred to Landlord and all subleases under which
subTenants shall be required to attorn to Landlord pursuant to the terms and conditions of
such subleases or this Lease. Such assignment by Landlord shall be deemed to be without
recourse as against Landlord.
Reference in this Lease to a Mortgagee shall be deemed to refer, where circumstances
require, to any assignee of a Mortgagee; provided that such assignee shall forward to the
Landlord a duplicate original of the assignment of the Mortgage, together with a written
notice setting forth the name and address of the assignee.
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ARTICLE XIX
NOTICES
Any notice, report, statement, approval, consent designation, demand or request to be
given and any option or election to be exercised by a party under the provisions of this Lease
shall be effective only when made in writing and delivered (or mailed by registered or
certified mail with postage prepaid or overnight/express delivery) to the other party at the
address given below:
Landlord: City of Sebastian
Attn: City Manager
1225 Main Street
Sebastian, FL 32958
Tenant:
provided, however, that either party may designate a different representative or address from
time to time by giving to the other party notice in writing of the change. Rental payments to
the Landlord shall be made by the Tenant at an address to be furnished to the Tenant.
ARTICLE XX
RIGHT TO INSPECT
The Landlord may enter the Premises upon reasonable notice:
a. To inspect or protect the Premises or any Improvements located thereon;
b. To determine whether the Tenant is complying with the applicable laws, orders or
regulations of Landlord or any lawful government agency having jurisdiction over
the Premises or any business conducted therein;
c. To exhibit the Premises to any prospective purchaser or Tenant during the final
sixty (60) days of the lease term, or at any time after either party has notified the
other that the Lease will be terminated for any reason; or
d. To retrieve stored data from required security installments.
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No authorized entry by the Landlord shall constitute an eviction of the Tenant or a
deprivation of its rights or alter the obligation of the Landlord or create any right in the
Landlord adverse to the interest of the Tenant hereunder.
ARTICLE XXI
REMOVAL OF FIXTURES
At the expiration of the Lease, any and all trade equipment, signs and personal property,
used by the Tenant in the operation of its business, on the Premises shall remain the Tenant's
sole property and the Tenant shall have the right to remove the same provided any damages in
removal are repaired by the Tenant at Tenant's sole cost. However, any such property
remaining on the Premises more than sixty (60) days after said expiration shall be deemed the
property of Landlord. Fixtures shall not be removed and are considered the property of
Landlord.
A fixture shall be defined as an article, which was a chattel, but which, by being
physically annexed or affixed to the realty by the Tenant and becoming incapable of being
removed without structural or functional damage to the realty, becomes a part and parcel of it.
Non-fixtures personalty owned by the Tenant at the expiration of the term or earlier
termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its
option, it may remove all such personalty, provided the Tenant is not then in default of any
covenant or condition of this Lease, otherwise all such property shall remain on the Premises
until the damages suffered by the Landlord from any such default have been ascertained and
compensated. Any damage to the Premises caused by the removal by Tenant of any such
personalty shall be repaired by Tenant forthwith at its expense.
ARTICLE XXII
AIRPORT-RELATED RESTRICTIONS
The Tenant acknowledges that the Landlord is required by law to operate under Federal
Aviation Regulations, federal policies as promulgated by the FAA, and the FAA-approved
Airport Layout Plan and the Tenant covenants that it will use the Premises consistent with
said regulations, policies and the Airport Layout Plan.
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Landlord has directed the development plans for the Improvements and represents that
they are consistent with the Airport Layout Plan and in compliance with the requests of all
Federal, State, and Local rules and regulations.
The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of
structures, objects of natural growth and other obstructions on the Premises to such a height
so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules
and regulations now existing and hereinafter promulgated.
The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the
Premises that would interfere with or adversely affect the operation or maintenance of the
Airport or otherwise constitute an Airport hazard. The Tenant covenants and acknowledges
that the use of the Premises as proposed by the Tenant does not interfere with or adversely
affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard.
The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the
public, a right of flight for the passage of aircraft in the airspace above the surface of the
Premises, together with the right to cause in such airspace such noise as may be inherent in
the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace,
and for use of said airspace for landing on, taking off from, or operating on the Airport.
ARTICLE XXIII
NONDISCRIMINATION
The Tenant for itself, its personal representatives, successors in interest and assigns, as
part of the consideration hereof, does hereby covenant and agree as a covenant running with
the land that (i) no person on the grounds of religion, gender, marital status, race, color or
national origin shall be excluded from participation in, denied the benefits of, or be otherwise
subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any
improvements on, over or under the Premises and the furnishing of services thereon, no
person on the grounds of religion, gender, marital status, race, color or national origin shall be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination; (iii) that the Tenant shall use the premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 26, "Participation by
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Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
Programs".
In the event of the breach of any of the above non-discrimination covenants, the Landlord
shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately
commence corrective action. Such action by the Tenant shall be diligently pursued to its
conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure
said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and
repossess t e Premises.
ARTICLE XXIV
ASSIGNMENT AND SUBLETTING
Tenant shall not assign this Lease or sublet the Premises or any portion thereof, or
otherwise transfer any right or interest hereunder without the prior written consent of the
Landlord, which consent may not be unreasonably withheld. If the Landlord consents, in
writing, to the assignment, subletting or other transfer of any right or interest hereunder by the
Tenant, such approval shall be limited to the particular instance specified in the written
consent and the Tenant shall not be relieved of any duty, obligation or liability under the
provisions of its Lease, unless otherwise provided for in Landlord's consent.
ARTICLE XXV
MISCELLANEOUS
25.1 Bindin.~. The terms and provisions of this Lease shall be binding on the
parties hereto and their respective heirs, successors, assigns and personal representatives, and
the terms of any Addendum attached hereto are incorporated herein. It is acknowledged that
the validity of said Lease is subject to its approval by the Federal Aviation Administration.
25.2 Applicable Law/Venue. In the event of litigation arising out of this writing, venue
shall be in Indian River County, Florida and the terms of this Lease shall be construed and
enforced according to the laws of the State of Florida except to the extent provided by Federal
law. THE PARTIES HERETO SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY
JURY IN ANY SUCH LEGAL PROCEEDING.
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25.3 Attorne,, sue. In any action arising out of the enforcement of this writing, the
prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at
trial and all appellate levels, based upon the prevailing rates of private attorneys in the venue.
25.4 Identity of Interest. The execution of this Lease or the performance of any act
pursuant to the provisions hereof shall not be deemed or construed to have the effect of
creating between the Landlord and the Tenant the relationship of principal and agent or of a
partnership or of a j oint venture and the relationship between them shall be and remain only
that of landlord and Tenant.
Each party covenants and agrees that, except as elsewhere specifically provided for in this
Lease, it has no power to incur any indebtedness giving a right to a lien of any kind or
character upon the right, title and interest of the other party in and to the property covered by
this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly,
derived through or under the other party, or its agents or servants, or on account of any act of
omission of said other party. All persons contracting with the Tenant or furnishing materials
or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall
be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall
discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The
Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer
bestowing labor upon the Premises, a mechanic's lien upon the Landlord's estate under the
provisions of the Florida Statutes, or any subsequent revisions thereof.
25.5 Entire A reement. This Lease contains all of the understandings by and between
the parties hereto relative to the leasing of the Premises, and all prior or contemporaneous
agreements relative thereto have been merged herein or are voided by this instrument, which
may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by
an instrument in writing signed by each of the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
ATTEST:
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Rich Stringer, City Attorney
~~~Tenant~~~
By: Authorized Representative
Exhibits Attached:
Exhibit A Survey and Legal Description
Exhibit A-1 Final As-Built Survey and Legal Description
Exhibit B Tenant's Improvements
Exhibit C Lease Extension Agreement
CITY OF SEBASTIAN
A Municipal Corporation
By:
City Manager
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Exhibit "C"
LEASE EXTENSION AGREEMENT
THIS LEASE EXTENSION AGREEMENT, made and entered into this day of
20, by and between the CITY OF SEBASTIAN, a municipal corporation existing
under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and
(hereinafter referred to as the "Tenant") provides that
IN AND FOR CONSIDERATION of compliance with the terms of that certain LEASE
AGREEMENT between the parties dated 20 ,and the mutual covenants
hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties
have agreed as follows:
1. The Leasehold of the afore-mentioned Lease Agreement is hereby extended for an
additional ten years from the date of the expiration of its Initial Term.
2. The Annual Rent for the first year of said extension shall be $ .Each year
on the anniversary of the Commencement Date, this Annual Rent shall be increased three percent
(3%) above the existing amount. There shall be no appraisal adjustments during this extended
term.
3. The Annual Investment Fee shall no longer be collected during this extended term.
4. The Leasehold shall terminate at the end of this extended term and Tenant shall
surrender possession of the Premises.
5. All other terms and provisions of the Lease Agreement shall remain in full force and
effect unless application of the same shall lead to a ludicrous result.
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AGREED to on the date first set forth above.
ATTEST:
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Rich Stringer, City Attorney
~~~Tenant~~~
By: Authorized Representative
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Aeronautical Lease Extension(with Construction)
CITY OF SEBASTIAN
A Municipal Corporation
By:
City Manager
3/2/07
AIRPORT
NON-AERONAUTICAL LEASE
AGREEMENT
(WITH CONSTRUCTION)
between
The City of Sebastian, Florida
and
(form revised 11~arch 2007)
Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction)
TABLE OF CONTENTS
GENERAL PROVISIONS ................................................................................................ 1
ARTICLE I -PREMISES
1.1 Condition of Premises ............................................................................................. 3
1.2 Construction of Improvements by Tenant ................................................................ 3
1.3 Quiet Enjoyment ....................................................................................................... 3
1.4 Permitted Uses .......................................................................................................... 3
1.5 Signage ..................................................................................................................... 3
ARTICLE II -TERM OF LEASE
2.1 Construction Term ................................................................................................... 4
2.2 Commencement Date .............................................................................................. 4
ARTICLE III -OPTIONAL EXTENSION
3.1 Tenant Options ........................................................................................................ 4
3.2 Landlord Options ..................................................................................................... 5
3.3 Automatic Increases during Renewed Lease Term ................................................. 5
ARTICLE IV -RENT
4.1 Annual Rent ............................................................................................................. 5
4.2 Calculation of Annual Rent and Fees ...................................................................... 6
4.3 Fair Market Value .................................................................................................... 6
4.4 Sales Tax .................................................................................................................. 8
4.5 Time of the Essence .................................................................................................. 8
4.6 Interest on Amounts Due .......................................................................................... 8
ARTICLE V -IMPROVEMENTS TO THE PREMISES
5.1 Construction Risks .................................................................................................... 8
5.2 Confirmation of Ownership ...................................................................................... 8
ARTICLE VI -REPAIRS AND ALTERATIONS ........................................................ 8
ARTICLE VII -UTILITIES ............................................................................................ 9
ARTICLE VIII -TAXES
8.1 Property Taxes and Assessment .............................................................................. 9
8.2 Partial Year .............................................................................................................. 9
8.3 Delayed Payment .....................................................................................................10
8.4 Payment of Sales Tax ..............................................................................................10
ARTICLE IX -INSURANCE
9.1 Hazard Insurance .....................................................................................................10
9.2 Liability Insurance ...................................................................................................11
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9.3 Sovereign Immunity ................................................................................................11
9.4 Workers' Compensation ..........................................................................................11
9.5 Certificates of Insurance ..........................................................................................12
9.6 Umbrella and Blanket Insurance ..............................................................................12
ARTICLE X -DESTRUCTION OF IMPROVEMENTS
10.1 Partial Destruction .................................................................................................12
10.2 Total Destruction ...................................................................................................13
ARTICLE XI -INDEMNIFICATION ...........................................................................15
ARTICLE XII -ENVIRONMENTAL MATTERS
12.1 Compliance ............................................................................................................16
12.2 Use Limitations .....................................................................................................16
12.3 Audit by Landlord .................................................................................................16
12.4 Final Audit .............................................................................................................16
12.5 Presumptions .........................................................................................................17
12.6 Continuing Obligation ...........................................................................................17
ARTICLE XIII -PREVENTION OF USE ....................................................................17
ARTICLE XIV -EMINENT DOMAIN
14.1 Effect Upon Term ..................................................................................................18
14.2 Temporary Takings ...............................................................................................18
14.3 Option to Terminate ..............................................................................................19
14.4 Reservation of Rights ............................................................................................19
ARTICLE XV -GOVERNMENT SEIZURE ................................................................19
ARTICLE XVI -DEFAULT
17.1 Remedies for Default ............................................................................................. 20
17.2 Remedies Non-exclusive ....................................................................................... 21
17.3 Waiver of Statutory Requirements ........................................................................ 21
17.4 Advances By Landlord .......................................................................................... 21
17.5 Non-Waiver By Landlord ...................................................................................... 21
17.6 Landlord's Lien ..................................................................................................... 21
ARTICLE XVII LEASEHOLD ENCUMBRANCES
18.1 Mortgage Authorized .............................................................................................23
18.2 Mortgagee's Rights ...............................................................................................23
18.3 Additional Rights of Mortgagee ............................................................................24
ARTICLE XVIII -NOTICES .........................................................................................25
ARTICLE XIX -RIGHT TO INSPECT ........................................................................25
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ARTICLE XX -REMOVAL OF FIXTURES ...............................................................26
ARTICLE XXI -AIRPORT-RELATED RESTRICTIONS ........................................27
21.1 Airport Protection .................................................................................................. 27
21.2 Property Rights Reserved ......................................................................................27
ARTICLE XXII -NONDISCRIMINATION ................................................................28
ARTICLE XXIII -ASSIGNMENT AND SUBLETTING ............................................28
ARTICLE XXIV -MISCELLANEOUS
25.1 Binding Effect .......................................................................................................28
25.2 Applicable Law/Venue ..........................................................................................28
25.3 Attorneys Fees .......................................................................................................29
25.4 Identity of Interest .................................................................................................29
25.5 Entire Agreement ...................................................................................................29
Signature Page ......................................................................................................................30
EXHIBIT "A" SURVEY AND LEGAL DESCRIPTION
EXHIBIT "A1" FINAL AS-BUILT SURVEY AND LEGAL DESCRIPTION
EXHIBIT "B" TENANT'S IMPROVEMENTS
EXHIBIT "C" LEASE EXTENSION AGREEMENT
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AIRPORT
NON-AERONAUTICAL LEASE AGREEMENT
WITH CONSTRUCTION
THIS LEASE, made and entered into this day of , by and between
the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of
Florida, (hereinafter referred to as the "Landlord"), and
(hereinafter
referred to as the "Tenant"). The Landlord and the Tenant are sometimes collectively referred
to herein as the "Parties".
WITNESSETH:
WHEREAS, the Landlord is the owner of certain property located in the County of Indian
River, Florida; and
WHEREAS, said property constitutes a portion of the Sebastian Municipal Airport
(hereinafter referred to as the "Airport"); and
WHEREAS, Landlord desires to construct improvements upon said airport property
designated for non-aeronautical use for the construction of
and has developed design and engineering plans and specifications for the same; and
WHEREAS, Tenant has expertise in developing and managing improvements of this
nature, and proposes to undertake development of the Improvements on behalf of Landlord
WHEREAS, the Tenant desires to provide
at the
Sebastian Municipal Airport and lease the said property from the Landlord, and compensate
Landlord for transfer of the entrepreneurial opportunity provided by the Improvements; and
WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to
certain terms and conditions, and to that end as set forth hereinafter;
NOW, THEREFORE, in consideration of the premises and the mutual covenants, terms
and conditions to be performed as set forth and hereinafter provided, the receipt and
sufficiency of which are hereby acknowledged, the Parties have agreed as follows:
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ARTICLE I
PREMISES
Subject to the terms and conditions set forth in this Lease, Landlord hereby demises and
leases to Tenant and Tenant hereby leases from Landlord, that certain land, and any buildings,
structures, fixtures, fences, utility installations, parking facilities, landscaping and irrigation
systems currently existing or hereafter located thereon at Sebastian Municipal Airport, as
more particularly described on Exhibit "A" hereto ("Premises"). Tenant shall cause a survey
to be undertaken at its expense ("Survey"). Upon completion of the Improvements, a final, as-
built survey and legal description will be attached, as Exhibit "A-1 " to this Lease and the size
of the Premises and Annual Rent will be adjusted if necessary. Tenant hereby leases the
Premises subject to, and Tenant hereby agrees to comply with: (i) all applicable building
codes, zoning regulations, and municipal, county, state and federal laws, ordinances and
regulations governing or regulating the Premises or its uses, (ii) all covenants, easements and
restrictions of record, (iii) the Rules and Regulations of Sebastian Municipal Airport, as the
same may be amended from time to time ("Airport Rules"), (iv) the Development Standards
for the Sebastian Municipal Airport as the same may be amended from time to time, and (vi)
the Sebastian Municipal Airport's current FAA-approved Airport Layout Plan, as the same
maybe amended from time to time (the "Airport Layout Plan").
1.1 Condition of Premises. Except as agreed to in Paragraph 1.2 herein, Tenant
accepts the Premises "AS-IS". Tenant acknowledges that Landlord has made no
representations or warranties relating to the suitability of the Premises for any particular use,
other than for the purpose of constructing
and unless
otherwise expressly provided in this Lease, Landlord shall have no obligation whatsoever to
repair, maintain, renovate or otherwise incur any cost or expense with respect to the Premises.
(a) Tenant shall not permit any unlawful nuisance, waste or injury on the Premises.
Tenant agrees to surrender the Premises upon the expiration of this Lease, or earlier
termination hereof in a condition substantially similar to the condition of the Premises on the
Commencement Date together with improvements placed thereon, ordinary wear and tear
excepted.
(b) Tenant shall have the right to terminate this Lease within ninety (90) days from the
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Effective Date of this Lease if Tenant is unable to obtain (i) a title insurance policy due to
outstanding liens and/or encumbrances on the Premises (the reverter rights of the federal
government under the original deed to the City of Sebastian excepted), (ii) a successful Phase
I Environmental Survey and, (iii) a building permit for the improvements.
1.2 Construction of Improvements by Tenant. Tenant shall have sole responsibility for
construction of the improvements on the Premises, described in Exhibit "B" hereto,
hereinafter called the "Improvements" on or before
20
Any construction by Tenant on the Premises shall be in accordance with local building codes
and shall also be governed by Exhibit "B" hereto, which is incorporated herein by reference.
1.3 Quiet Enj off. Landlord agrees that, subject to Tenant's performance of the terms
and conditions of this Lease, Tenant shall peaceably and quietly have, hold and enjoy the
Premises in accordance with the terms and conditions of this Lease.
1.4 Permitted uses. The Tenant agrees that the Premises shall be used exclusively for the
purposes of
and related functions. Any use of the
Premises other than those specifically stated above are expressly prohibited without the
express written consent of the Landlord. Such consent may be withheld by the Landlord for
any reason. The Tenant agrees that no use of the Premises will be conducted in such a
manner as to constitute a nuisance or a hazard and that, in connection with the use of the
Premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and
regulations prescribed by lawful authorities having jurisdiction over the Premises.
1.5 Si na e. The Tenant shall have the right to erect and maintain such sign or signs on
the Premises as may be permitted by applicable law and the Development Standards;
provided, however, the Landlord must approve any such signs in writing prior to erection.
The Landlord may impose any reasonable restrictions as, in the sole discretion of the
Landlord, are deemed necessary.
ARTICLE II
TERM OF LEASE
The Effective Date of this Lease Agreement is as first set forth above in the Preamble.
However, the initial Term of the Leasehold hereunder shall include the Construction Term as
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defined below and shall continue to run for a period of thirty (30) years from the
Commencement Date as defined below, unless sooner terminated in accordance with the
terms and provisions hereof.
2.1 Construction Term. The Construction Term of this Lease is defined as the period
beginning on the Effective Date and ending immediately prior to the Commencement Date.
2.2 Commencement Date. The Commencement Date of this Lease is defined as the
period beginning on the earlier of (i) the date the Tenant receives a Certificate of Occupancy
fora on the Premises, or (ii) 20.
ARTICLE III
OPTIONAL EXTENSION
In the Twenty-Fifth (25) year of the Term and in accordance with Paragraph 4.3, a
separate appraisal of the Premises, including all Improvements thereon shall be performed by
a qualified appraiser selected by the Landlord.
3.1 Tenant Options. Within fifteen (15) days after delivery of this appraisal to Tenant,
Tenant may exercise options A, B, or C, as outlined below:
a. Accept the Annual Rent valuation therein and offer in writing to enter a non-
assignable, nonrenewable lease extension agreement for up to ten (10) additional
years beginning at the end of the Thirty (30) year Term. This extension, herein
referred to as the Renewed Lease Term, shall be in accordance with the all
provisions herein, except applying a new base Annual Rent amount equal to
twelve percent (12%) of the value established in said appraisal in lieu of paying
the Annual Investment Fee. This Extension Agreement shall be substantially in
the form attached hereto as Exhibit "C".
b. Tenant is unsatisfied with the twenty-fifth year Annual Rent valuation, it may
give notice of its intent to commission a second appraisal by a certified real
estate appraiser to be completed within forty-five (45) days.
i. If said appraisal results in a valuation of the Premises and
Improvements within ten percent (10%) of the initial appraisal, the
figures shall be averaged.
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11. If a disparity of greater than ten percent (10%) results, the respective
appraisers shall confer and attempt to negotiate a compromise
va uatlon.
111. If no compromise results, said appraisers shall jointly submit the
name of a qualified appraiser to the parties who shall then jointly
commission a third appraisal. Said appraisal value will be used to
establish the rental amount if it falls between the values of the first
two appraisals. If the value thereof falls outside the range of the first
two appraisals, the relevant value shall be derived from averaging
the three appraisals.
Within thirty (30) days of establishment of a rental value as set forth
above, Tenant may exercise either option contained in subparagraphs A
and C hereof.
c. Tenant also has the option to give notice of its intent to allow the lease to
expire at the end of the thirty-year term.
3.2 Landlord Options. If Landlord does not accept Tenant's offer to enter into a Renewed
Lease Term, the lease shall expire at the end of the thirty-year term, but the Annual Rent for
the final three (3) years of the lease shall be waived as additional consideration to Tenant for
relinquishing ownership of all site improvements thereafter.
3.3 Automatic Increases during Renewed Lease Term. During the Renewed Lease Term,
on each anniversary of the Commencement Date, this Annual Rent shall be increased three
percent (3%) above the existing amount. However, there shall be no further appraisal
adjustments through the remainder of the Term.
ARTICLE IV
RENT
The parties agree that the Annual Rent payable by the Tenant during the Term of this
Lease shall be as follows:
4.1 Annual Rent. Tenant shall pay to the Landlord Annual Rent for the Premises
(hereinafter referred to as the "Annual Rent") for each twelve (12) month period or portion
thereof during the Initial Term and any Extension Term of this Lease, beginning with the
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Commencement Date, in the amount detailed below, which Annual Rent shall be thereafter
payable on a quarterly basis on or before the first day of each third calendar month (or partial
calendar month) thereafter, in amounts equal to one-fourth (1 /4) of the Annual Rent then due,
plus any sales or Annual Rent taxes due on that installment, in advance, in lawful money of
the United States, without deduction or set-off, at the Finance Department office of the
Landlord. Annual Rent for a partial month during the Term of this Lease shall be prorated
based on the number of days in such month.
4.2 Calculation of Annual Rent and Fees. Beginning with the Commencement Date,
Annual Rent shall be paid in the amount equal to cents ( ¢) per square foot
(s.f.) for the Premises. Until completion of the required as-built survey, the Annual Rent shall
be based upon a -acre parcel ( acres x 43,560 s.f = s.f) and
adjustments shall be made following receipt of the survey to reconcile previously paid Annual
Rent with the exact land area. Each year on the anniversary of the Commencement Date, the
Annual Rent shall be increased three percent (3%) above the existing amount. However, in
the fifth year of the Term and every fifth year thereafter through the end of the Term, in lieu
of this automatic annual adjustment, the Annual Rent shall be adjusted by reappraisal to ten
percent (10%) of the fair market value of the Premises excluding any Improvements made by
Tenant; however, in no event shall an increase in Annual Rent based upon reappraisal exceed
ten percent (10%) of the Annual Rent applicable in the year prior to the scheduled increase
nor shall the Annual Rent ever be less than the amount applicable in said prior year.
4.3 Fair Market Value. The fair market value of the Premises excluding any
Improvements made by Tenant shall be determined by appraisal within six (6) months of the
date on which an adjustment to the Annual Rent is to become effective. Said appraisal shall be
based on the value of comparable property in the general vicinity of the City of Sebastian and
shall not be restricted to the consideration of other designated non-aeronautical properties
located at the Airport. The Landlord shall select a qualified appraiser ("First Appraiser") and
notify Tenant of such selection, and the First Appraiser shall proceed to determine the then
fair market value of the Premises excluding any Improvements made by Tenant and shall
provide Tenant and Landlord with a copy of such appraisal. If Tenant is not satisfied with the
First Appraiser's appraisal, Tenant within fifteen (15) days after receipt of such appraisal shall
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notify Landlord of Tenant's selection of a second appraiser ("Second Appraiser"). If Tenant
does not so select a Second Appraiser and notify Landlord of such selection within such
fifteen (15) day period, the First Appraiser's appraisal shall be conclusive as to the then fair
market value of the Premises excluding any Improvements made by Tenant.
If a Second Appraiser is so selected, he shall prepare an appraisal and a copy thereof shall
be delivered to Landlord within forty-five (45) days. If the two appraisals determine
valuations within ten percent (10%) of one another, the valuations shall be averaged to
establish Fair Market Value. If the values vary by more than ten percent (10%), however, the
First and Second Appraisers shall meet within fifteen (15) days after the Second Appraiser's
report is delivered and attempt to agree on the Fair Market Value.
If the First and Second Appraisers cannot agree, within fifteen (15) days after such
meeting, on the then Fair Market Value of the Premises, then the First and Second Appraisers
shall select a Third Appraiser who shall evaluate the two appraisals thus rendered, meet with
the First and Second Appraisers, and establish a Fair Market Value within the parameters
established by the reports of the First and Second Appraisers. After reaching a decision, the
Third Appraiser shall give written notice thereof to Landlord and Tenant.
Each party shall pay the fees and expenses of each appraiser appointed by such party, and
the fees and expenses of the Third Appraiser and all other expenses, if any, shall be borne
equally by both parties. Any appraiser designated to serve in accordance with the provisions
of this Agreement shall be designated as an "MAI" appraiser by the American Institute of
Real Estate Appraisers or shall be comparably qualified to appraise commercial real estate,
shall be disinterested and shall have been actively engaged in the appraisal of airport real
estate for a period of not less than five (5) years immediately preceding his appointment.
In the event the then fair market rental value of the Premises has not been determined in
accordance with the provisions of this Paragraph until after the date upon which the required
adjustment is to become effective, payments of the monthly installments of the Annual Rent
shall be based upon the rental amount previously in effect. Once determined, the new Annual
Rent shall become effective, retroactive to the date upon which such adjustment was required,
and within thirty (30) days after the Tenant has received notice of the new Annual Rent,
Tenant shall pay to Landlord any additional Annual Rent that is due and owing, or if
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applicable, the Landlord shall reimburse Tenant for the amount of any overpayment of
Annual Rent.
4.4 Sales Tax. Tenant shall pay Florida sales tax on Annual Rent, if applicable.
4.5 Time of the Essence. The Tenant agrees promptly to perform, comply with and abide
by this Lease, and agrees that timely payment is of the very nature and essence hereof.
4.6 Interest on Amounts Due. Any installment of Annual Rent, Rent, or other amounts
due from Tenant under this Lease, that is not received within ten (l o) business days after it is
due, shall bear interest from the date when the same was due until paid by Tenant at the
interest rate of eighteen percent (18%) per annum.
ARTICLE V
IMPROVEMENTS TO THE PREMISES
5.1 Construction Risks. The Tenant shall indemnify, defend and hold the Landlord
harmless from any claims, losses, damages or liens arising out of the construction of any such
buildings or structures.
5.2 Confirmation of Ownership. At the end of the Term or earlier termination of this
Lease, for any reason, the Tenant shall, at Landlord's request, execute any and all documents
of transfer which Landlord deems necessary to perfect title to said Improvements. The Tenant
agrees that all improvements shall, upon the termination of this Lease for any reason, be free
and clear of all encumbrances, liens, and title defects of any kind.
ARTICLE VI
REPAIRS AND ALTERATIONS
The Landlord shall not be obligated to maintain or repair the Premises or any
improvements located thereon or any part thereof during the Term or any renewal thereof.
The Tenant agrees, at its sole cost and expense, to maintain all of the Improvements
including, but not limited to, buildings (and all parts thereof and the parking and service
areas located on the Premises in a good state of maintenance and repair and to keep the
Premises in a clean, neat and orderly condition in accordance with local ordinances, including
but not limited to the Sebastian Land Development Code, the Development Standards, the
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Airport Rules, and all other applicable community standards and/or ordinances. It is an
expressed condition of this Lease that the Premises be kept in an attractive and clean manner
at all times.
Upon obtaining the prior written consent of the Landlord, which consent may not be
unreasonably withheld, the Tenant, at its sole cost and expense, may erect such additional
improvements on the Premises as it deems appropriate and may make such alterations or
major renovations to the then existing improvements as it deems appropriate, provided,
however, that such alterations or renovations shall not disturb the structural integrity of such
existing improvements, and provided that the alterations or renovations shall comply with all
applicable governmental regulations.
The Tenant shall indemnify, defend and hold the Landlord harmless from any claims,
losses, damages or liens arising out of or in any way connected with such additions or
renovations.
ARTICLE VII
UTILITIES
The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat,
janitor service, refuse storage and removal, or any other utility or service consumed in
connection with the Premises. The Landlord shall have no liability for the failure to procure,
or the interruption of, any such services or utilities.
ARTICLE VIII
TAXES
8.1 Property Taxes and Assessment. The Tenant shall pay when due during the Term
all ad valorem taxes (if applicable), assessments (including, without limitation, stormwater
utility charges) or any other governmental charge levied or assessed against the Premises
(including the Tenant's leasehold by the appropriate governmental authorities), together with
all ad valorem taxes (if applicable) assessment or other governmental charge levied against
any stock of merchandise, furniture, furnishings, equipment and other property located in, or
upon the Premises, owned by the Tenant. All shall be paid by the Tenant on a timely basis
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and receipts therefore shall be provided to the Landlord upon request.
8.2 Partial Year. If the Term of this Lease expires or is earlier terminated prior to the
close of the tax year for which any such tax is payable, or if the Term of this Lease
commences on a date other than the first day of such tax year, Tenant shall be responsible for
paying a percentage of the tax calculated by dividing the number of days that this Lease was
in effect during such tax year by the total number of days that the Premises was leased to
Tenant (excluding any Tenant engaging in a use of the Premises which results in the Premises
being exempt from taxation) during such tax year. If this Lease is in effect for a period less
than any entire period for which an assessment other than a tax is imposed, Tenant shall pay a
percentage of the assessment calculated by dividing the number of days this Lease was in
effect during that assessment period by the total number of days in the assessment period.
8.3 Delayed Payment: In the event Tenant fails to pay such taxes and assessments when
due, Tenant shall be obligated to pay all resulting interest and penalties on such delinquent
taxes and assessments. Tenant may exercise any rights provided by law to contest or pay
under protest any taxes and shall not thereby be deemed in default under this Lease, provided
that such contest or payment under protest does not result in the imposition of a lien for
delinquent taxes on the Premises or any Improvements, and Tenant promptly pays all taxes
and assessments (and any interest and penalties with respect thereto) ultimately determined to
be due. No provision of this Lease shall be construed as a release or waiver on the part of
Landlord of the right to assess, levy or collect any license, personal property, intangible,
occupation or other tax which they, or either of them, may lawfully assess, levy or collect on
the business or property of Tenant. Tenant's obligations under this Article shall survive the
expiration or earlier termination of the Term of this Lease.
8.4 Payment of Sales Tax. Tenant shall be liable, at its sole expense, for any sales, use or
similar taxes with respect to all Annual Rent, Rent, and other payments made by Tenant
pursuant to this Lease, which are subject to such taxes. Tenant shall indemnify, defend and
hold Landlord completely harmless from and against any liability, including any interest and
penalties, which might arise in connection with Tenant's failure to timely remit any such
taxes.
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ARTICLE IX
INSURANCE
Tenant must provide insurance coverage meeting or exceeding the requirements herein.
9.1 Hazard Insurance. Tenant shall at its sole expense, obtain and maintain throughout
the Term of this Lease, property insurance on and for all Improvements, equipment,
furnishings and other personal property now or hereafter erected, installed or used at the
Premises, on a not less than eighty percent (80%) of replacement cost basis, for the benefit of
Landlord and Tenant as their interests may appear, with such coverage, in such form, and with
such company or companies as Landlord shall approve in writing, which approval will not be
unreasonably withheld, including coverage for damage by fire, the elements or other casualty
with standard extended endorsements. Tenant, on behalf of itself and its insurance carriers,
hereby waives any and all rights of recovery which it may have against Landlord or any other
party who it is required to indemnify in accordance with the provisions of this Lease, for any
loss of or damage to property it may suffer as a result of any fire or other peril insured under
an insurance policy which it is required to obtain hereunder.
9.2 Liability Insurance. Tenant shall, at its sole expense, obtain and maintain throughout
the Term of this Lease, automobile liability insurance on all automobiles used in connection
with its operations at the Premises, environmental contamination remediation coverage, and
airport/commercial general liability insurance protecting the Landlord and Tenant (including,
without limitation, all members of the governing board of Landlord), officers, agents and
employees of each, from and against any and all liabilities arising out of or relating to
Tenant's Permitted Uses, or the conduct of its operations on the Premises, in the amount of not
less than $2 million, except for the environmental remediation coverage which shall be on a
"claims made" basis and be in an amount of not less than $1 million per loss and $2 million
for all losses (or such greater amount as may be maintained by Tenant from time to time) per
occurrence, in such form, and with such company or companies as Landlord shall approve in
writing, which approval shall not be unreasonably withheld. Such insurance shall include
contractual liability coverage for Tenant's covenants to indemnify the Landlord and the other
parties as required under this Lease and shall provide that it is primary insurance as respects
any other valid and collectible insurance the Landlord or any of the other additional insured
may possess, including any self insured retention or deductible any of them may have, and
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that any other insurance carried by any of them shall be considered excess insurance only.
9.3 Sovereign Immunity. The coverage limits of Paragraph 8.2 shall be adjusted
proportionally to any increases in the limits of the sovereign immunity waivers provided
Landlord under law; however, nothing in this paragraph shall be construed as a waiver by
Landlord of the protections of sovereign immunity.
9.4 Workers' Compensation. Tenant shall keep in force, at its sole expense, workers'
compensation or similar insurance affording the required statutory coverage and requisite
statutory limits. Tenant shall also maintain throughout the term of this Lease employer's
liability insurance with limits of liability of not less than $500,000 for each of the "each
accident," "disease policy limit," and "disease each employee coverage," or a self insured
program with comparable coverage. Such workers' compensation and employer's liability
insurance or self insured program shall contain a waiver of any right of subrogation against
Landlord.
9.5 Certificates of Insurance. Within thirty (30) days after the Commencement Date of
this Lease, and within thirty (30) days after the expiration of any policy or policies provided
by Tenant hereunder, Tenant shall furnish an original certificate of insurance to Landlord
evidencing such coverage, naming the Landlord as an additional insured under the policies
required by this Article, and confirming that the policy or policies will not be canceled or
modified nor the limits thereunder decreased without thirty (30) days' prior written notice
thereof to Landlord. Tenant shall also provide Landlord with copies of endorsements and
other evidence of the coverage set forth in the certificate of insurance as Landlord reasonably
may request. If Tenant fails to comply with the terms of this Article, Landlord, shall have the
right, but not the obligation, to cause insurance as referenced herein to be issued, and in such
event Tenant shall pay the premium for such insurance upon Landlord's demand. Landlord
shall have the right, exercisable on ninety (90) days prior written notice to Tenant, to require
Tenant, from time to time to reasonably increase the monetary limits or coverage provided by
such policy or policies.
9.6 Umbrella and Blanket Insurance Any such insurance may be maintained by means of a
policy or policies of blanket insurance covering additional items or locations or insureds
and/or umbrella insurance.
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ARTICLE X
DESTRUCTION OF IMPROVEMENTS
Damage to the Improvements by fire or other casualty shall not cause an abatement of
Tenant's obligation to pay pro-rated Annual Rent to Landlord, or to make any other payments
required to be made by Tenant under this Lease, except as follows:
10.1 Partial Destruction. In the event that less than eighty percent (80%) (based on
square footage) of the principle building/improvements at the Premises is damaged or
destroyed by fire or other casualty, the provisions of this paragraph shall apply.
a. Tenant shall give prompt written notice thereof to Landlord, and Tenant, at its
own expense, shall promptly repair, replace and rebuild the same, at least to the
same extent as to the value and as nearly as practical to the character of the
Improvements existing immediately prior to such time.
b. Upon receipt by Tenant and the Landlord of the proceeds of any property or
builder's risk insurance policy or policies, Tenant and the Landlord shall deposit
same in an interest-bearing escrow account to pay for the cost of such repair,
replacement and rebuilding. Tenant shall receive and hold such proceeds (and
any interest earned thereon) in trust for such work, and Tenant shall distribute
such proceeds (and any interest earned thereon during construction) solely to pay
the cost of such work. If the amount of such insurance proceeds (together with
the interest earned thereon) is insufficient to pay the costs of the necessary repair,
replacement or rebuilding of such damaged improvements, Tenant shall pay any
additional sums required, and if the amount of such insurance proceeds (together
with the interest earned thereon) is in excess of the costs thereof; the amount of
such excess shall be retained by Tenant.
c. During such period of partial destruction, the Tenant obligations for Annual Rent
and other payments, shall be partially abated based upon a fair and reasonable
prorated basis, comparing the percentage of destruction to the total square
footage of the Improvements.
10.2 Total Destruction. In the event more than eighty percent (80%) of the principal
improvement erected on the Premises is destroyed by fire or other casualty, the Tenant, at its
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option, may cause said improvements to be replaced or said damage to be repaired as rapidly
as practicable. The Landlord shall proportionally abate the Tenant's Annual Rent during this
time for replacement or repair.
a. In the event the Tenant elects to repair and/or replace the building and other
improvements on the Premises, the provisions of Paragraph 10.1(b) shall apply.
b. If the Tenant, at its option, elects not to repair and/or replace the building and
improvements upon the Premises, the Tenant shall, at its sole expense, remove all
remaining portions of the damaged or destroyed building and improvements and
all rubble or debris resulting there from and properly dispose of such debris in
accordance with all applicable laws and/or regulations. Thereafter, the Lease
shall be terminated and the Tenant and Landlord shall share the remaining
insurance proceeds according to the following process:
i. Any outstanding mortgages encumbering Tenant's leasehold interest in and
occasioned by construction of said improvements shall be paid through the
insurance proceeds. Any and all dollars left after repayment of mortgages
shall herein be referred to as Remaining Proceeds.
11. An Investment Ratio shall be determined by dividing the Tenant's total
contribution (including the unamortized mortgage amount for the
construction of such improvements) by the total cost of Improvements {FOR
EXAMPLE: if total Tenant contribution is X500, 000 and total project cost is
~1, 600, 000, then the Investment Ratio would be .50 or 50%}. This Investment
Ratio shall be calculated by Tenant, utilizing the method shown, within sixty
(60) days after completion of such improvements and will be attached hereto
as Exhibit "F".
iii. A Prorated Rate shall be determined by dividing the number of years
remaining on the Lease by Thirty (30). {FOR EXAMPLE: if there aNe 20.5
years remaining on the lease, then the Prorated Rate will be .683 or 68.3%}.
iv. The Remaining Proceeds shall be multiplied by both the Investment Ratio
and the Prorated Rate. This amount shall be paid to the Tenant, less any sums
paid under the conditions of Paragraph (i) above. The balance of the
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Remaining Proceeds shall be paid to the Landlord. {FOR EXAMPLE:
Remaining Proceeds ($1, 000, 000) x Investment Ratio (.5) x PNOrated Rate
(.683) _ $341, 500 - ($200, 000) MoNtgage amount = $141, 500 paid to
Tenant and $858, 500 paid to Landlord}.
ARTICLE XI
INDEMNIFICATION
Tenant shall indemnify, defend and hold completely harmless Landlord and, from and
against any and all liabilities (including, but not limited to, liability with respect to any
Hazardous Substances and liability under the Comprehensive Environmental Response,
Compensation and Liability Act, as it may be amended from time to time } "CERCLA" }, and
any other Environmental Law), losses, suits, claims, demands, judgments, fines, damages,
penalties, costs and expenses (including all costs for investigation and defense thereof,
including but not limited to court costs, reasonable expert fees and reasonable attorneys' fees
and costs, including fees and charges for the services of paralegals or other personnel working
under the supervision of such attorneys } "Attorneys' Fees" }) which may be incurred by,
charged to or recovered from any of the foregoing: (i) by reason or on account of damage to
or destruction of any property of Landlord, or any property of, injury to or death to any person
resulting from or arising out of the use, occupancy or maintenance of the Premises or any
Improvements, or the Tenant's operations thereon, or the acts or omissions of Tenant's
officers, employees, agents, contractors, subcontractors, licensees or invitees, regardless of
where the damage, destruction, injury or death occurred, except to the extent that such
liability, loss, suit, claim, demand, judgment, fine, damage, penalty, cost or expense was
proximately caused by the person to be indemnified hereunder, (ii) arising out of the failure of
Tenant to keep, observe or perform any of the covenants or agreements in this Lease to be
kept, observed or performed by Tenant, or (iii) imposed on or assessed against the Landlord
by reason of or arising out of any act or omission on the part of Tenant, any subTenant or any
other person acting by, through or for Tenant or any subTenant of Tenant. Landlord agrees to
give Tenant reasonable notice of any suit or claim for which indemnification will be sought
by it hereunder, to allow Tenant or its insurer to compromise and defend the same to the
extent of its interest and to reasonably cooperate with the defense of any such suit or claim. In
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carrying out its obligations hereunder, Tenant shall use counsel reasonably acceptable to the
Landlord. The provisions of this Article shall survive the expiration or earlier termination of
this Lease with respect to any acts or omissions occurring during the term of this Lease.
ARTICLE XII
ENVIRONMENTAL MATTERS
12.1 Compliance. Tenant shall comply with all "Environmental Laws", which are
defined as all applicable federal, state and local statutes, laws, ordinances, regulations,
administrative rulings, orders and requirements pertaining to the protection of the
environment, including but not limited to, the Landlord's rules and regulations, and including,
but not limited to those regulating the use, storage, handling and disposal of any contaminant,
toxic or hazardous waste, or any other substance the removal of which is required or the use
of which is restricted, prohibited or penalized under any federal, state or local statute, law,
ordinance, regulation, rule or judicial or administrative order with respect to environmental
conditions, health, or safety, including, without limitation, asbestos or petroleum products
("Hazardous Substances") and stormwater pollution prevention.
12.2 Use Limitations. Further, during the Term of this Lease, neither Tenant nor any
agent or party acting at the direction or with the consent of Tenant shall use, store, handle or
dispose of by any means any Hazardous Substances at the Premises, except that Tenant shall
be entitled to use Hazardous Substances of the type and in the quantities typically used by
companies performing
in accordance with all applicable
Environmenta Laws.
12.3 Audit by Landlord. Upon reasonable notice to Tenant, the Landlord may conduct or
cause to be conducted through a third party that it selects, an environmental audit or other
investigation of Tenant's operations to determine whether Tenant has breached its obligations
under subparagraph (a) above. Tenant shall pay all costs associated with said investigation
and if such investigation shall disclose any such breach by Tenant, and shall immediately
remediate any contamination resulting from the same.
12.4 Final Audit. Within thirty (30) days prior to the expiration or termination of this
Lease, Tenant shall commence a Phase I Environmental Assessment ("Phase I-EA") in
accordance with ASTM Standard ASTM E-1527, or such other commonly recognized
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standard as may be in effect at that time, on the Premises. If the Phase I-EA reveals any areas
of environmental concern that, in the Landlord's reasonable discretion, warrant further
investigation, Tenant shall commence an appropriate Phase II Environmental Assessment
("Phase II-EA") including sampling and analysis of soil and groundwater necessary to
determine whether or not contamination has occurred. Copies of the EAs shall be provided to
the Landlord upon completion and shall be certified to be for the benefit of the Landlord by
the environmental consultant performing the EA. Tenant shall promptly undertake and pursue
diligently to completion any remedial measures indicated by the above-described
environmenta assessments.
12.5 Presumptions. Notwithstanding any other provision hereof Tenant does not
undertake any obligation to remediate, or to take any other action with respect to any
environmental condition not attributable to actions at the Premises (or elsewhere at the
Airport) by Tenant, its officers, employees, agents, contractors, subcontractors, licensees or
invitees. After construction commences, the presence of any Hazardous Material on the
Premises shall raise the rebuttable presumption that Tenant is the cause of such presence and
any flumes emanating from the Premises.
12.6 Continuin,~gation. The provisions of this Article shall survive the expiration or
earlier termination of the Term of this Agreement.
ARTICLE XIII
PREVENTION OF USE
If, after the effective date of this Lease, the Tenant is precluded or prevented from using
the Premises for those primary purposes identified in Article IV of this Lease, by reason of
any zoning law, ordinance or regulation of Landlord or others having jurisdiction over the
Premises and such prohibition shall continue for a period in excess of ninety (90) consecutive
days, the Tenant may terminate this Lease by giving Landlord fifteen (15) days notice in
writing, in addition to any other remedies available to Tenant applicable by law.
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ARTICLE XIV
EMINENT DOMAIN
If all of the Premises shall be taken under a power of eminent domain by another
governmental agency, all of the compensation or proceeds awarded for the taking of the land,
building and/or improvements on the Premises shall be divided amongst the Landlord and
Tenant according to the following process:
a. Any outstanding mortgages encumbering Tenant's leasehold interest in and
occasioned by construction of said improvements shall be paid in full through
such award. Any and all dollars left after repayment of mortgages shall herein be
referred to as Remaining Proceeds.
b. As listed above, in Paragraph 10.2, an Investment Ratio shall be determined by
dividing the Tenant's total contribution (including the unamortized mortgage
amount for the construction of such improvements) by the total cost of
Improvements {FOR EXAMPLE: if total Tenant contribution is $800, 000 and
total project cost is ~1, 600, 000, then the Investment Ratio would be .5 or 50%}.
This Investment Ratio shall be calculated by Tenant, with method shown, within
sixty (60) days after completion of such improvements and will be attached
hereto as Exhibit "F".
c. The Remaining Proceeds shall be multiplied by the Investment Ratio. This
amount shall be paid to the Tenant, less any sums paid under the conditions of
Paragraph (i) above. The balance of the Remaining Proceeds shall be paid to the
Landlord. {FOR EXAMPLE: Remaining Proceeds (~1, 000, 000) x Investment
Ratio (.5) _ X500, 000 -Mortgage amount 0200, 000) _ X300, 000 paid to Tenant
and X700, 000 paid to Landlord}.
It is understood and agreed that all condemnation proceeds for any Partial Taking of the
Premises shall be held in trust and used for the repair and reconstruction of the Premises and
replacement of the Improvements, with any portion of such proceeds not needed for such
repair, reconstruction and replacement to be retained by Landlord.
14.1 Effect upon Term. Upon a Taking of the entire Premises, Tenant's interest in this
Lease shall continue until the Taking is completed by deed, contract or final order of
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condemnation, unless otherwise specified by court order. If the Taking is of substantially all
of the Premises, Tenant may, by notice to Landlord within ninety (90) days after Tenant
receives notice of the Taking, elect to treat the taking in accordance with the preceding
sentence. If Tenant does not so notify Landlord, this Lease shall remain in full force and
effect covering the balance of the Premises not so taken, except that the Annual Rent payable
hereunder by Tenant shall be equitably adjusted (a "Partial Taking").
14.2 Tempora , Takin . s. Upon any Taking of the temporary use of all or any part of the
Premises or Improvements, or both, neither the Term nor the Annual Rent shall be reduced or
affected in any way and Tenant shall be entitled to any award for the use or estate taken.
14.3 Option to Terminate. If either a temporary or partial taking is to such an extent that
it is impracticable for the Tenant to continue the operation of its business on the Premises, the
Lease, at the option of either party, may be terminated.
14.4 Reservation of Rights. Nothing herein shall prevent the Landlord and/or the Tenant
from seeking any and all damages sustained from the condemning agency by reason of the
exercise of the power of eminent domain, specifically including the right of Tenant to claim
usiness amages.
ARTICLE XV
GOVERNMENT SEIZURE
In the event the United States Government, or any agency or subdivision thereof, at any
time during the term of this Lease takes over the operation or restricts the use of the airfield
and/or Airport which results in the Tenant being unable to operate under the terms of the
Lease, then the Lease may be extended upon mutual agreement of the Tenant and the
Landlord for an additional period equal to the time the Tenant has been deprived of the value
of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, either party,
at its sole discretion, may terminate this Lease.
ARTICLE XVI
DEFAULT
The occurrence of any of the following shall constitute an event of default (an "Event of
Default") by Tenant under this Lease: (i) the failure of Tenant to make any payment of
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Annual Rent, Rent, or any other payment required to be made by Tenant hereunder when due
which failure is not remedied within ten (10) days following receipt of written notice from
Landlord; (ii) the failure of Tenant to keep, observe or perform any other material covenantor
agreement herein, and the continued failure to observe or perform any such covenant or
agreement after a period of thirty (30) days after written demand; (iii) commencement by or
against the Tenant of an insolvency or bankruptcy proceeding, including, without limitation, a
proceeding for liquidation, reorganization or for the readjustment of its indebtedness, or the
insolvency of the Tenant, or an assignment or arrangement for the benefit of its creditors or
the appointment of a receiver, trustee or custodian, provided, however, that any of the
foregoing set forth in this subsection which is commenced by a person other than Tenant shall
not constitute an Event of Default if it is discharged within sixty (60) days following receipt
of written notice from Landlord; or (iv) the placement of any lien upon the Premises or any
Improvements (excluding liens for taxes which are not delinquent and Mortgages permitted
hereunder) which is not discharged of record by payment or bond within thirty (30) days
following receipt of written notice from Landlord.
17.1 Remedies for Default. Upon the occurrence of an Event of Default, the Landlord
may in its sole discretion pursue any of the following remedies, or such other remedies as may
be available to the Landlord at law or inequity:
a. Landlord may terminate the Lease and re-enter and repossess the Premises; or
b. Landlord may, without terminating this Lease, terminate Tenant's right to
possession of the Premises, retake possession of the Premises, and recover
immediately from the Tenant damages calculated as follows:
i. all unpaid Annual Rent and other payments due from Tenant that had been
earned at the time of termination of Tenant's right to possession, together
with,
11. the amount by which the unpaid Annual Rent and other payments due from
Tenant, earned after the date of termination of Tenant's right to possession
of the Premises until the time of award, exceeds the amount of the loss of
Annual Rent and other payments due from Tenant that Landlord proves has
been or could have reasonably been avoided.
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For purposes of the calculation of damages described above, and in subsection (c)
below, payments other than Annual Rent due from Tenant after the termination of
Tenant's right to possession of the Premises shall be based upon the average of
such payments payable during the thirty-six (36) month period prior to the
termination of possession (or, if shorter, the prior period of the Term of the Lease).
Upon entry of judgment for such damages, as described above, this Lease shall
be deemed to be terminated; or
c. Landlord may, without terminating this Lease, terminate Tenant's right to
possession of the Premises, retake possession of the Premises and re-let the
Premises, or any part or parts thereof for the account of Tenant for a term which
may, at Landlord's option, be less than or exceed the period which would
otherwise have constituted the balance of the Term of this Lease. In such event
Tenant shall pay to Landlord any deficiency between the Annual Rent and other
charges herein reserved and the net amount of the rents and other charges collected
on account of any other lease of the Premises for each month of the period that
would otherwise have constituted the balance of the Term of this Lease. Landlord
may recover such deficiency from Tenant at the time each payment becomes due
under the Lease.
Irrespective of the exercise of either of the above-referenced options, Landlord shall have
the right to recover all unpaid Annual Rent, Annual Rent and other payments earned by
Landlord prior to the date of termination of possession or of the Lease, and all of Landlord's
costs, charges and expenses, including reasonable Attorneys' Fees, incurred in connection
with the recovery of sums due under this Lease, or due to the breach of any covenant or
agreement of Tenant contained in this Lease, including any costs and expenses of re-letting
the Premises, such as all necessary repairs and renovations, all brokerage fees and Attorneys'
Fees. Landlord will have the right at any time following an Event of Default to elect to
terminate the Lease. No action taken by Landlord pursuant to this Article shall be deemed to
terminate this Lease unless written notice of termination is given by Landlord to Tenant.
17.2 Remedies Non-exclusive. The rights and remedies given to Landlord by this Lease
shall not be exclusive, and in addition thereto, Landlord shall have such other rights and may
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pursue such other remedies as are provided by law or in equity. All such rights and remedies
shall be deemed to be cumulative, and the exercise of one such right or remedy by Landlord
shall not impair its standing to exercise any other right or remedy.
17.3 Waiver of Statutory Requirements. Tenant hereby expressly waives any notices of
default not specifically provided for herein, including, without limitation, the notice
requirements provided for in Section 83.20, Florida Statutes, and all rights of redemption, if
any, granted under present or future law in the event Tenant shall be evicted or dispossessed
for any cause, or in the event Landlord shall obtain possession of the Premises by virtue of the
provisions of this Agreement or otherwise.
17.4 Advances By Landlord. The Landlord shall have the option, without waiving or
impairing any of its rights hereunder, to pay any sum or perform any act required of the
Tenant, and the amount of and the value thereof, together with interest thereon, shall be
secured by this Lease, and shall be promptly due and payable to the Landlord. If Landlord has
paid any sums of money or incurred any obligation or expense for which Tenant is obligated
to pay or reimburse Landlord, or if Landlord is required or elects to do so because of the
failure of Tenant to perform any of the terms or conditions of this Lease, then the same shall
be deemed Annual Rent and shall be paid to Landlord in accordance with Article III herein.
17.5 Non-Waiver By Landlord. No waiver of any covenant or condition or of the breach
of any covenant or condition of this Lease shall constitute a waiver of any subsequent breach
of such covenant or condition or justify or authorize the non-observance on any other
occasion of the same or of any other covenant or condition hereof. The acceptance of Annual
Rent, Annual Rent or other payments from Tenant by Landlord at any time when Tenant is in
default under this Lease shall not be construed as a waiver of such default or of Landlord's
right to exercise any remedy arising out of such default, nor shall any waiver or indulgence
granted by Landlord to Tenant be taken as an estoppel against Landlord, it being expressly
understood that Landlord may at any time thereafter, if such default continues, exercise any
such remedy in the manner hereinbefore provided or as otherwise provided by law or in
equity.
17.6 Landlord's Lien. In the event of the Tenant's breach of any of the provisions of this
Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and
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profits from the Premises as additional security to the Landlord for the Tenant's faithful
performance of each of the terms and provisions hereof, and to secure payment of all sums
owing to the Landlord hereunder, subject to any mortgages encumbering the Premises from
the development of the Improvements. Such liens shall be superior in dignity to the rights of
the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the
Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's
termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such
revenues, income, rents, earnings and profits derived or accruing from the Premises from the
date of such termination by the Landlord shall constitute the property of the Landlord, and the
same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall
not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's
property. The provisions of this paragraph shall be effective without the Landlord's re-entry
upon the Premises or repossession thereof, and without any judicial determination that the
Tenant's interest under said lease has been terminated.
ARTICLE XVII
LEASEHOLD ENCUMBRANCES
18.1 Mortgage Authorized. Tenant may encumber only its leasehold estate by the
execution and delivery of a Mortgage. Landlord's written consent is required before any
mortgage, other than one for construction on the Premises, is made which encumbers said
Leasehold estate. Landlord will not subordinate its interest in the Premises or in this Lease to
any Mortgage. The Mortgagee of any such Mortgage may deliver to Landlord a written
notice specifying (i) the amount of the obligation secured by the Mortgage and the date(s) of
the maturity thereof; and (ii) the name and address of the Mortgagee. After receipt of such
notice, Landlord shall serve such Mortgagee by certified or registered mail, at the latest
address furnished by such Mortgagee, a copy of every notice of default or demand served by
Landlord upon Tenant under the terms and provisions of this Lease so long as such Mortgage
is in effect. In the event of any assignment of a Mortgage or in the event of a change of
address of the Mortgagee or of an assignee of such Mortgage, notice of the new name and
address shall be provided to Landlord.
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18.2 Mortga ee.~ 's Rights. Upon receipt of a notice of default, Mortgagee shall have thirty
(30) days after receipt of such notice within which, at Mortgagee's election, either: to cure the
default if it can be cured by the payment or expenditure of money; to perform such other
action as may be necessary to cure the default or if the default is not a default in the payment
or expenditure of money and is curable but cannot be cured within thirty (30) days, to
commence performance within such thirty (30) day period and thereafter diligently prosecute
the same to completion, in which event the default will be deemed to have been cured. In the
event it is necessary for Mortgagee to obtain possession of the Premises in order to cure a
default, Mortgagee shall be deemed to have cured said default if it institutes foreclosure
proceedings within such thirty (30) day period and completes such foreclosure proceedings or
otherwise acquires Tenant's interest under this Lease with diligence and continuity and
thereafter commences and diligently proceeds to cure such default; provided, however, that
Mortgagee shall not be required to continue such possession or continue such foreclosure
proceedings if the default which would have been the reason for serving a default notice shall
be cured, and provided further, that nothing in this Article shall preclude Landlord from
exercising any rights or remedies under this Lease with respect to any other default by the
Tenant during any period of such forbearance.
18.3 Additional Rights of Mortgagee. In the event of foreclosure by any Mortgagee, the
purchaser at the foreclosure sale or the Person acquiring Tenant's interest in lieu of
foreclosure shall succeed to and be bound by all of Tenant's rights, interests, duties and
obligations under this Lease. In the event that a Mortgagee shall become the owner or holder
of the Tenant's interest by foreclosure of its Mortgage or by assignment of this Lease in lieu
of foreclosure or otherwise, the term "Tenant", as used in this Lease, means only the owner or
holder of the Tenant's interest for the time being so that, in the event of a sale, assignment or
other disposition of the Tenant's interest in this Lease by the Mortgagee, the Mortgagee shall
be entirely freed and relieved of all covenants and obligations of the Tenant under this Lease
arising after the date of such sale, assignment or other disposition, and it shall be deemed and
construed, without further agreement between Landlord and Mortgagee or between Landlord,
Mortgagee and the Mortgagee's purchaser or assignee at any such sale or upon assignment of
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Tenant's interest, that the purchaser or assignee of Tenant's interest has assumed and agreed
to carry out any and all covenants and obligations of Tenant.
In the event of the termination of this Lease or of any extension of said Lease prior to its
stated expiration date, or in the event of the termination of Tenant's right to possession of the
Premises as a result of an event of default by Tenant hereunder, Landlord will enter into a
new lease of the Premises with Mortgagee or, at the request of such Mortgagee, with a
corporation which is wholly owned by such Mortgagee, for the remainder of the term
effective on the date of such termination of this Lease (or termination of Tenant's right to
possession of the Premises) at the Annual Rent and upon the covenants, agreements, terms,
provisions and limitations contained in this Lease, provided that such Mortgagee makes
written request and executes, acknowledges and delivers to Landlord such new lease within
thirty (30) days from the date of such termination of this Lease (or termination of Tenant's
right to possession of the Premises) and such written request and such new lease are
accompanied by payment to Landlord of all amounts then due to Landlord, including
Attorneys' Fees incurred by Landlord in connection with any such default and termination as
well as in connection with the execution and delivery of such new lease. In addition,
immediately upon execution of such new lease, Landlord shall execute, acknowledge and
deliver to Mortgagee an assignment of all subleases covering the Premises which theretofore
may have been assigned and transferred to Landlord and all subleases under which Sublessee
shall be required to attorn to Landlord pursuant to the terms and conditions of such subleases
or this Lease. Such assignment by Landlord shall be deemed to be without recourse as against
Landlord.
Reference in this Lease to a Mortgagee shall be deemed to refer, where circumstances
require, to any assignee of a Mortgagee; provided that such assignee shall forward to the
Landlord a duplicate original of the assignment of the Mortgage, together with a written
notice setting forth the name and address of the assignee.
ARTICLE XVIII
NOTICES
Any notice, report, statement, approval, consent designation, demand or request to be
given and any option or election to be exercised by a party under the provisions of this Lease
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Sebastian Municipal Airport
Non-Aeronautical Lease Extension(with Construction)
shall be effective only when made in writing and delivered (or mailed by registered or
certified mail with postage prepaid or overnight/express delivery) to the other party at the
address given below:
Landlord: City of Sebastian
Attn: City Manager
1225 Main Street
Sebastian, FL 32958
Tenant:
provided, however, that either party may designate a different representative or address from
time to time by giving to the other party notice in writing of the change. Rental payments to
the Landlord shall be made by the Tenant at an address to be furnished to the Tenant.
ARTICLE XIX
RIGHT TO INSPECT
The Landlord may enter the Premises upon reasonable notice:
a. To inspect or protect the Premises or any Improvements located thereon;
b. To determine whether the Tenant is complying with the applicable laws, orders or
regulations of Landlord or any lawful government agency having jurisdiction over
the Premises or any business conducted therein;
c. To exhibit the Premises to any prospective purchaser or Tenant during the final
sixty (60) days of the lease term, or at any time after either party has notified the
other that the Lease will be terminated for any reason; or
d. To retrieve stored data from required security installments.
No authorized entry by the Landlord shall constitute an eviction of the Tenant or a
deprivation of its rights or alter the obligation of the Landlord or create any right in the
Landlord adverse to the interest of the Tenant hereunder.
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3/2/07
Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction)
ARTICLE XX
REMOVAL OF FIXTURES
At the expiration of the Lease, any and all trade equipment, signs and personal property,
used by the Tenant in the operation of its business, on the Premises shall remain the Tenant's
sole property and the Tenant shall have the right to remove the same provided any damages in
removal are repaired by the Tenant at Tenant's sole cost. However, any such property
remaining on the Premises more than sixty (60) days after said expiration shall be deemed the
property of Landlord. Fixtures shall not be removed and are considered the property of
Landlord.
A fixture shall be defined as an article, which was a chattel, but which, by being
physically annexed or affixed to the realty by the Tenant and becoming incapable of being
removed without structural or functional damage to the realty, becomes a part and parcel of it.
Non-fixtures personalty owned by the Tenant at the expiration of the term or earlier
termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its
option, it may remove all such personalty, provided the Tenant is not then in default of any
covenant or condition of this Lease, otherwise all such property shall remain on the Premises
until the damages suffered by the Landlord from any such default have been ascertained and
compensated. Any damage to the Premises caused by the removal by Tenant of any such
personalty shall be repaired by Tenant forthwith at its expense.
ARTICLE XXI
AIRPORT-RELATED RESTRICTIONS
21.1 Airport Protection. The Tenant acknowledges that the Landlord is required by law
to operate under Federal Aviation Regulations, federal policies as promulgated by the FAA,
and the FAA-approved Airport Layout Plan and the Tenant covenants that it will use the
Premises consistent with said regulations, policies and the Airport Layout Plan.
The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of
structures, objects of natural growth and other obstructions on the Premises to such a height
so as to comply with 14 CFR Part 77, "Objects Affecting Navigable Airspace", and all other
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3/2/07
Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction)
Federal Aviation Regulations, State Statutes and local ordinances, rules, and regulations now
existing and hereinafter promulgated.
The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the
Premises that would interfere with or adversely affect the operation or maintenance of the
Airport or otherwise constitute an Airport hazard. The Tenant covenants and acknowledges
that the use of the Premises as proposed by the Tenant does not interfere with or adversely
affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard.
The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the
public, a right of flight for the passage of aircraft in the airspace above the surface of the
Premises, together with the right to cause in such airspace such noise as may be inherent in
the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace,
and for use of said airspace for landing on, taking off from, or operating on the Airport.
21.2 Propert~ghts Reserved. This lease and all provisions hereof are subject and
subordinate to the terms and conditions of the instruments and documents under which the
Landlord acquired the subject property from the United States of America and shall be given
only such effect as will not conflict or be inconsistent with the terms and conditions contained
in the lease of said lands from the Landlord, and any existing or subsequent amendments
thereto, and are subject to any ordinances, rules or regulations which have been, or may
hereafter be adopted by the Landlord pertaining to the Airport.
ARTICLE XXII
NONDISCRIMINATION
The Tenant for itself, its personal representatives, successors in interest and assigns, as
part of the consideration hereof, does hereby covenant and agree as a covenant running with
the land that (i) no person on the grounds of religion, gender, marital status, race, color or
national origin shall be excluded from participation in, denied the benefits of, or be otherwise
subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any
improvements on, over or under the Premises and the furnishing of services thereon, no
person on the grounds of religion, gender, marital status, race, color or national origin shall be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination; (iii) that the Tenant shall use the premises in compliance with all other
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3/2/07
Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction)
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 26, "Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
Programs" and as said regulations may be amended.
In the event of the breach of any of the above non-discrimination covenants, the Landlord
shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately
commence corrective action. Such action by the Tenant shall be diligently pursued to its
conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure
said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and
repossess t e Premises.
ARTICLE XXIII
ASSIGNMENT AND SUBLETTING
Tenant shall not assign this Lease or sublet the Premises or any portion thereof, or
otherwise transfer any right or interest hereunder without the prior written consent of the
Landlord, which consent may not be unreasonably withheld. If the Landlord consents, in
writing, to the assignment, subletting or other transfer of any right or interest hereunder by the
Tenant, such approval shall be limited to the particular instance specified in the written
consent and the Tenant shall not be relieved of any duty, obligation or liability under the
provisions of its Lease, unless otherwise provided for in Landlord's consent.
ARTICLE XXIV
MISCELLANEOUS
25.1 Bindin.~. The terms and provisions of this Lease shall be binding on the
parties hereto and their respective heirs, successors, assigns and personal representatives, and
the terms of any Addendum attached hereto are incorporated herein. It is acknowledged that
the validity of said Lease is subject to its approval by the Federal Aviation Administration.
25.2 Applicable Law/Venue. In the event of litigation arising out of this writing, venue
shall be in Indian River County, Florida and the terms of this Lease shall be construed and
enforced according to the laws of the State of Florida except to the extent provided by Federal
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3/2/07
Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction)
law. THE PARTIES HERETO SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY
JURY IN ANY SUCH LEGAL PROCEEDING.
25.3 Attorne,, sue. In any action arising out of the enforcement of this writing, the
prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at
trial and all appellate levels, based upon the prevailing rates of private attorneys in the venue.
25.4 Identity of Interest. The execution of this Lease or the performance of any act
pursuant to the provisions hereof shall not be deemed or construed to have the effect of
creating between the Landlord and the Tenant the relationship of principal and agent or of a
partnership or of a j oint venture and the relationship between them shall be and remain only
that of landlord and Tenant.
Each party covenants and agrees that, except as elsewhere specifically provided for in this
Lease, it has no power to incur any indebtedness giving a right to a lien of any kind or
character upon the right, title and interest of the other party in and to the property covered by
this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly,
derived through or under the other party, or its agents or servants, or on account of any act of
omission of said other party. All persons contracting with the Tenant or furnishing materials
or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall
be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall
discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The
Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer
bestowing labor upon the Premises, a mechanic's lien upon the Landlord's estate under the
provisions of the Florida Statutes, or any subsequent revisions thereof.
25.5 Entire A . reement. This Lease contains all of the understandings by and between the
parties hereto relative to the leasing of the Premises, and all prior or contemporaneous
agreements relative thereto have been merged herein or are voided by this instrument, which
may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by
an instrument in writing signed by each of the parties hereto.
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3/2/07
Sebastian Municipal Airport
Non-Aeronautical Lease Extension(with Construction)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
ATTEST:
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Rich Stringer, City Attorney
~~~Tenant~~~
By: Authorized Representative
Exhibits Attached:
Exhibit A Survey and Legal Description
Exhibit A-1 Final As-Built Survey and Legal Description
Exhibit B Tenant's Improvements
Exhibit C Lease Extension Agreement
CITY OF SEBASTIAN
A Municipal Corporation
By:
City Manager
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3/2/07
Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction)
Exhibit "C"
LEASE EXTENSION AGREEMENT
THIS LEASE EXTENSION AGREEMENT, made and entered into this day of
20, by and between the CITY OF SEBASTIAN, a municipal corporation existing
under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and
(hereinafter referred to as the "Tenant") provides that
IN AND FOR CONSIDERATION of compliance with the terms of that certain LEASE
AGREEMENT between the parties dated 20 ,and the mutual covenants
hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties
have agreed as follows:
1. The Leasehold of the afore-mentioned Lease Agreement is hereby extended for an
additional ten years from the date of the expiration of its Initial Term.
2. The Annual Rent for the first year of said extension shall be $ .Each year
on the anniversary of the Commencement Date, this Annual Rent shall be increased three percent
(3%) above the existing amount. There shall be no appraisal adjustments during this extended
term.
3. The Annual Investment Fee shall no longer be collected during this extended term.
4. The Leasehold shall terminate at the end of this extended term and Tenant shall
surrender possession of the Premises.
5. All other terms and provisions of the Lease Agreement shall remain in full force and
effect unless application of the same shall lead to a ludicrous result.
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3/2/07
Sebastian Municipal Airport
AGREED to on the date first set forth above.
ATTEST:
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Rich Stringer, City Attorney
~~~Tenant~~~
By: Authorized Representative
-2-
Non-Aeronautical Lease Extension(with Construction)
CITY OF SEBASTIAN
A Municipal Corporation
By:
City Manager
3/2/07
Rates & Charges
Analysis
and
Enterprise Strategy
fog
Sebastian Municipal Airport
Sebastian Municipal Airport
TABLE OF CONTENTS
SECTION 1 RATES AND CHARGES
Rates & Charges Analysis
1.1 Introduction ................................................................................................................................... l
1.2 Existing Rates and Charges .......................................................................................................... l
1.3 Comparative Airports ................................................................................................................... 3
SECTION 2 ENTERPRISE STRATEGIES
2.1 Historical Revenue ........................................................................................................................ 4
2.2 Potential New Revenue Sources ................................................................................................... 4
SECTION 3 SUMMARY ........................................................................................................................ 6
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Sebastian Municipal Airport
SECTION 1
RATES AND CHARGES
1.1. Introduction
Rates & Charges Analysis
In considering the rates and charges established and imposed at the Sebastian Municipal Airport,
the primary emphasis should be placed on meeting the policy guidelines established by the
Federal Aviation Administration (FAA) governing airport financial practices in FAA Order
5190.6A, "Airports Compliance Handbook". The Order states that airport operators who have
accepted federal funds have a legal obligation to establish and maintain fair and reasonable rates
and charges that will "... make the airport as self sustaining as possible under the circumstances
existing at the particular airport..."
Primary goals and objectives for the Airport's Rates and Charges policy should include:
• Operate and manage the Airport in abusiness-oriented manner
• Develop and support a diversified and financially solvent customer base of tenants and
users
• Establish, maintain, and enhance a strong financial cash-flow condition
• Establish, maintain, and enhance adequate cash reserves to withstand unanticipated
circumstances
In all cases, the Airport's Rates and Charges policy must ensure that fees and revenues are (1)
fair and reasonable, (2) non-discriminatory toward all airport tenants and (3) not place an undue
burden on interstate commerce in order to avoid federal non-compliance issues. In addition, the
Rates and Charges policy should be (1) based on defensible methodologies, (2) reviewed on a
regular basis and revised as necessary and, (3) be published for public review.
The establishment of a comprehensive Rates and Charges policy that follows these guidelines
will satisfy FAA concerns and serve to enhance the financial performance of the Airport so that
the citizens of the city of Sebastian, as the owners of the Sebastian Municipal Airport, do not
have to subsidize the Airport using property tax revenues from the general fund or other non-
airport sources.
1.2. Existing Rates and Charges
The Airport currently has several activities that, through a series of rates and charges, generate
revenue to support its administration, operation, maintenance and development. Common
activities that have established rates or fees associated with them include:
A. Land Leases
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4/6/2007
Sebastian Municipal Airport
Rates & Charges Analysis
Aeronautical Land Leases -defined as the land contiguous to the airfield, leased by
enterprises that have a need to have access to the airfield. Typically, aeronautical land
leases at Sebastian Municipal Airport have involved only raw or semi-improved property
where the lessee is responsible for any structures and infrastructure improvements (hangars,
offices, parking, etc).
Non-Aeronautical Land Leases -defined as all other land leased by enterprises on airport
property that do not have a need to have access to the airfield or are not otherwise aviation
related. Like Aeronautical Land Leases, these have involved only raw or semi-improved
property where the lessee is responsible for any structures and infrastructure improvements
B. Other Fees and Charges
1. Fuel Flowage Fees - a per gallon rate is charged for aviation fuel delivered to or pumped
by a fixed base operator paid to the City. At Sebastian Municipal Airport, the fuel
flowage fee is typically integrated into the FBO lease agreement, though language in the
Lease allows for the City Council to adjust the rate periodically in an effort to keep the
rate consistent with the current market (it's important to note that the fees at the Airport
have never been adjusted). The fuel flowage fee at Sebastian is $0.02 per gallon, which is
far below comparative rates at other airports.
2. Monthly Tie-down Fees - a per month rate is charged for long-term outdoor parking for
aircraft on airport property not directly leased by the FBO. At the Airport, the tie-down
fee is shared between the FBO and the City.
Table A presents the existing rates and charges for the various revenue sources associated with
the use of the Airport.
Table A
Current Rates & Charges
Aircraft Parking (Monthly Tiedown)
Single Engine Piston $20/mo
Multi-engine Piston $20/mo
Fuel Flowage Fee (imbedded in FBO Lease)
AvGas 0.02/gal
Jet A 0.02/gal
Land Leases (negotiated based market rates)
Aeronautical Property (2004) 0.12/sf
Non-Aeronautical Property (2004) 0.12/sf
Airport Security Fees
Airfield Security ID Badge Fee $20
Airfield Security Cyber Key Deposit $100
Airfield Security ID Badge Replacement $20
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4/6/2007
Sebastian Municipal Airport Rates & Charges Analysis
The primary observation regarding Table A illustrates that there are relatively few items that
have an established rate or charge associated with the use of airport facilities. This is even more
readily apparent when compared to the rates and charges for similar facilities at nearby airports.
1.3. Comparative Airports
There are several airports within a 50-mile radius of the Sebastian Municipal Airport which have
facilities available and compete for a share of the limited market for aviation users and non-
aeronautical tenants that find leasing property for development is more attractive that outright
owners ip.
Table B presents a list of nearby airports and their rates and charges compared to those currently
in effect at Sebastian. It should be noted the the City's rates fall well below those charged at
comparable airports in the area.
SECTION 2
ENTERPRISE STRATEGIES
2.1. Historical Revenue
Over the past three years, airport revenue has increased substantially (41 percent between FY
2003 and FY 2005), primarily attributable to new land leases. Revenue is budgeted to increase
an additional 46 percent in FY 2006 over FY 2005 figures.
Table D-2 presents historical data on airport generated revenues and their sources. As can be
seen, land leases account for over 81 percent of the total revenue. Other miscellaneous revenue,
which accounted for nearly another 19 percent of the total revenue, is primarily generated by a
special investment fee paid for borrowing state development grant funds to help finance
construction o new T- angars.
2.2. Potential New Revenue Sources
While existing properties are currently available for new development, the closing of Runway
13/31 has opened up new airport property in substantially large parcels for both aeronautical and
non-aeronautical businesses requiring large areas. Since lease revenues comprise the most
significant source for revenue for the Airport, it follows that potential new leases represent the
best opportunity for sustaining and improving the flow of revenue. Aeronautical leases appear to
be the most logical target for improving revenues however; the regional demand for aeronautical
land has been sporadic at best.
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4/6/2007
Sebastian Municipal Airport
A. Hangar Development
Rates & Charges Analysis
The development of T-hangar units is dependent primarily on localized demand and with the
latest construction of 40 units completed in 2004, it appears that demand in the local area has
been satisfied for the short-term. Existing availability of T-hangar units tends to corroborate this
observation. Soliciting and supporting the development of box or corporate-type hangars may be
worth considering for tenants with aircraft larger than can be accommodated by T-hangars. The
use of FDOT grants (up to 80% of total project cost) can be utilized to help lessen the airport's
cost of construction of new hangars.
On the other hand, the development of non-aeronautical leases may be best opportunity for
generating additional revenue, since it competes with a much broader sub-sector of the market
for property by private enterprises seeking to lessen the burden for development costs by leasing
property rather than outright acquisition. Additionally, the lack of off airport, light industrial
zoning within the City of Sebastian creates an added demand for non-aeronautical development
since nearly all of the City's industrial property is located at the airport.
B. Non-Aeronautical Leases
Based on the Airport Layout Plan's "Land Use Map", it appears that 40 parcels more or less,
comprising over 100 acres are available for long-term leasing. It would be reasonable to
consider, given active marketing and dedicated infrastructure improvements to the land, that at
least 10 percent of this property (five two-acre parcels) could be leased within the next five
years. The resultant revenue for these leases could yield an annual revenue in the range of
$75,000 - $90,000 given an estimated rate of $0.18 - $0.20 per square foot on the land.
In addition, the new administration/terminal building was constructed with a surplus of office
space to accommodate intra-city departments other than the airport with anticipated growth of
staff. Consideration might be given to lease excess office space to private sector interests for
relatively short-term periods (five years maximum) to generate additional revenue. The location
of the office space may be very attractive to businesses with strong aviation interests (given the
location on-airport and access to the airfield) and could command a rate which could range
around $15.00 - $18.00 per square foot.
C. Self Service Fuel Sales
The City is currently developing the facilities to enable self service fueling for aviation gasoline
(AvGas). While full-service fuel by the Airport's existing Fixed Base Operators (FBO's) has
been available at the Sebastian Municipal Airport for some time, pricing and service has been an
issue. The implementation of a self service fueling system will allow full 24 hours a day, 7 days
a week availability of fuel at prices lower than full service. The system is anticipated to be
installed and operational by the summer of 2007.
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4/6/2007
Sebastian Municipal Airport Rates & Charges Analysis
As a minimum, pricing of fuel for sale should be based on recovering the full cost of fuel
delivered and pumped. Other than the actual wholesale cost of the fuel product, items that are
generally included in the cost include:
• administration, operations, and maintenance expenses
- insurance (completed operations)
- System CertlflcatlOnS and lnspectlOnS
- accounting
- system maintenance
• capital development costs
- planning
- design
- construction
• depreciation
In addition to recovering the costs associated with the fueling system, the City should also
attempt to collect a reasonable profit to be used for funding airport improvements, or otherwise
offset general airport expenses. Table Cillustrates apro-forma approach to pricing fuel, based
on estimated costs distributed over a range of fuel quantities sold. These figures can be adjusted
to demonstrate the sensitivity of the various factors (e.g., profit margin) to the recommended fuel
price.
D. Other Revenue Sources
The City may consider developing other sources of revenue using the Airport's assets as a
vehicle for achieving financial self sufficiency. Creative uses for the non-aeronautical property
including special events, short-term storage (vehicles, etc.), and other activities that can make
use of the relatively large areas available at the Airport should be considered.
At some point, the City may also consider developing professional, commercial and industrial
buildings for short-term leases (one to five years) if the commercial real estate market is
supportive. The City would need to use its access to aeronautical and non-aeronautical grant
programs along with its capital resources to implement this option. In any case, a detailed
analysis of the potential return on investment would be required before moving forward.
-s-
4/6/2007
Sebastian Municipal Airport
SECTION 3
SUMMARY
Rates & Charges Analysis
Overall, it appears that the City of Sebastian can assist in achieving financial self sufficiency for
the Airport by first adjusting the airport's existing rates and charges to current market rates
taking into consideration such factors as current land values, actual costs for operations, and the
fees and charges of other competing, local airports. Additionally, new revenue sources should be
considered, such as new hangar development, fuel sales, and special events. Also, for the most
practical, long-term method of increasing airport revenues, the City should focus the airport's
resources on the development ofnon-aeronautical, light industrial and commercial development.
Tables D-1 and D-2 illustrates the historical and projected future revenues and expenses for the
Airport. Given the aforementioned assumptions, achieving sustained financial self sufficiency
within the next five years is a realistic possibility as is demonstrated on Table D-3.
By using the newly adopted development guidelines and standards for Sebastian Municipal
Airport, revenues can be enhanced with little to no adverse physical or financial impact upon the
users, tenants, or the surrounding communities. The result of implementing these measures will
allow the Airport to move toward becoming completely self sufficient financially, while
providing the City of Sebastian with the opportunity to create more jobs and improve the local
economy, ultimately fulfilling the goals of the Airport Master Plan, which was created by and for
the residents of Sebastian.
-6-
4/6/2007
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Definitions for Use
~egar~ding
Sebastian Municipal Airport
Adopted: April 11, 2007
Sebastian Municipal Airport
SECTION 1
DEFINITIONS
Section 1.1 Definitions
Definitions
The following words, terms and phrases when used herein shall have the meanings described.
Words, terms, and phrases which relate to aeronautical practices, processes and equipment, not
defined herein, shall be construed according to the definitions in Title 14 of the Code of Federal
Regulations, Florida Statutes Chapter 332 or, if not defined therein, according to their general
usage in the aviation industry.
"Advisory Circular" shall mean the FAA's Advisory Circular No. 150/5300-13, published
September 29,1989 entitled "Airport Design" including all changes and amendments.
"Aeronautical Activity or Service" shall mean any commercial activity or service conducted at
the Airport that involves, makes possible, or is required for the operation of aircraft, or which
contributes to or is required for the safety of such operations. These activities include, but are not
limited to, air taxi and charter operations, aircraft fueling, aircraft storage, flight training, aircraft
rental, aircraft sales, aircraft repair and maintenance, and any other activities, which because of
their relationship to the operation of aircraft can appropriately be regarded as an "aeronautical
service".
"Agreement" or "Lease" or "Lease Agreement" shall mean the written agreement between
the City and an Operator specifying the terms and conditions under which the Operator may
conduct commercial (could be aviation or non) activities. Such Agreement will recite the terms
and conditions under which the activity will be conducted at the Airport including, but not
limited to, term of the Agreement; rents, fees and charges to be paid; and the right and
obligations of the respective parties.
"Air Charter or Taxi" shall mean the commercial operation of providing air transportation of
person(s) or property for hire by either on a charter basis or as an air taxi operator.
"Air Operations Area" or "AOA" or "Movement Area" shall mean any area of the Airport
identified by the Airport Director and/or used or intended to be used for landing, taking-off or
surface maneuvering of an aircraft as depicted on a map maintained on file in the Airport
Director's Office but shall not include Apron or Ramp areas normally leased by Tenants for their
exc usive use.
"Aircraft" shall mean any device used or designed for navigation or flight in the air including,
but not limited to, an airplane, sailplane, glider, helicopter, gyrocopter, ultra-light, balloon or
blimp.
"Aircraft Approach Category" shall mean a five member grouping of aircraft symbolized by
the letter A through E, as such categorization is used in the Advisory Circular for determining
the dimensional design standards for airport facilities. The grouping is based on the stalling
speed of aircraft in their normal landing configuration at their maximum certificated weight.
-1-
4/3/2007
Sebastian Municipal Airport Definitions
"Aircraft Fuel" shall mean all flammable liquids expressly manufactured and blended for the
purpose of effectively and efficiently operating an internal combustion, jet, or turbine engine.
"Aircraft Operation" shall mean an aircraft arrival at, or departure from, the airport.
"Aircraft Owner" shall mean a person or entity holding legal title to an aircraft, or any person
having exclusive possession of an aircraft.
"Aircraft Parking and Storage Areas" shall mean those hangar and apron locations of the
Airport designated by the Airport Director for the parking and storage of aircraft.
"Aircraft Rental" shall mean the commercial operation of renting or leasing aircraft to the
public for compensation.
"Aircraft Rescue Fire Fighting" or "ARFF" shall mean the organization of those Persons
meeting the performance criteria for Airport fire fighters set forth in NFPA 1003, "Standard for
Professional Qualifications for Airport Fire Fighters" and having the basic knowledge, skills, and
abilities identified in NFPA 1001, "Standard for Fire Fighter Professional Qualifications." In the
event that the Airport does not have a dedicated ARFF facility, the term shall refer to such fire
fighting facility that has been designed by the Airport Director or other appropriate authorized
official to respond to fire and other emergencies on the airport.
"Aircraft Sales" shall mean the sale of new or used aircraft through brokerage, ownership,
franchise, distributorship or licensed dealership.
"Airframe and Power Plant Maintenance" shall mean the commercial operation of providing
airframe and power plant services, which includes service, repair, maintenance, inspection,
construction„ modifications, and alterations to aircraft, aircraft engines, propellers and
appliances including the removal of engines for major overhaul as defined in 14 CFR Part 43.
This category of service also includes the sale of aircraft parts and accessories.
"Airframe and Power Plant Mechanic" or "ASP" shall mean A person who holds an aircraft
mechanic certificate with both airframe and power plant ratings as authorized and described in
14 CFR Part 65.
"Airplane Design Group" shall mean a six member grouping of aircraft, symbolized by the
roman numerals I through VI, as such categorization is used in the Advisory Circular. The
grouping is based on the wingspan of the aircraft.
"Airport" shall mean all of Sebastian Municipal Airport (X26) including owned or leased real
or personal property, buildings, facilities, and other improvements within the boundaries of said
Airport, as it presently exists or as it may exist when it is hereafter modified, expanded or
developed. "Airport" includes all of its facilities as shown on the most current and future Airport
Layout Plan.
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Sebastian Municipal Airport Definitions
"Airport Director" shall mean the official representative of the City, or designee, with the
powers to direct all matters at the Airport, to supervise all activities at the Airport, to be
responsible for the operation, management, development, and maintenance of the Airport and to
enforce the Rules and Regulations and Minimum Standards.
"Airport Director's Office" shall mean the regular business office of the Airport Director.
"Airport Layout Plan (ALP)" shall mean the currently approved Airport Layout Plan depicting
the physical layout of the airport and identifying the location and configuration of current and
planned future runways, taxiways, buildings, roadways, utilities, navigational aids, etc.
"Airport Reference Codes" shall mean the "...coding system used to relate airport design
criteria to the operational and physical characteristics of the airplanes intended to use the airport"
as promulgated by the Advisory Circular. The ARC is used to determine design dimensions for
the various separation and safety standards, Runway Protection Zones and Object Free Zones
dimensions, surface gradients, and threshold siting standards, etc.
"Airport Sponsor" shall mean the City of Sebastian as owner and operator of Sebastian
Municipal Airport.
"Airport Vehicle" shall mean any vehicle owned or operated by the City of Sebastian.
"Apron" or "Ramp" shall mean those areas of the Airport within the AOA designated by the
Airport Director for the loading or unloading of cargo or passengers, servicing, or parking of
aircra .
"ASDA" shall mean the accelerate-stop distance available, as such term is used in the Advisory
Circu ar.
"Authorized Areas of the Airport" shall mean common use areas open to Tenants and all other
users of the Airport, or space under the exclusive control of the City.
"Authorized Person" shall mean any Person with the explicit permission of the Airport
Director. All Authorized Personnel shall carry in their possession (or be escorted by someone
with) a valid Airport-issued Identification Badge.
"Avionics Sales and Maintenance" shall mean the commercial operation of providing for the
repair and service, or installation of aircraft radios, instruments and accessories. Such operation
may include the sale of new or used aircraft radios, instruments and accessories.
"Based Aircraft" shall mean an aircraft that the Owner physically locates at the airport for an
unspecified period, and whenever absent from the Airport, its Owner intends to return the aircraft
to the Airport for long-term storage (i.e., more than 3o days).
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Sebastian Municipal Airport Definitions
"Bus" shall mean a commercial for hire passenger motor vehicle, which operates on or to and
from the Airport on a fixed route or a predetermined schedule or in a designated service area on
or off the Airport and which holds a valid license from the Florida Public Service Commission.
"City" shall mean the City of Sebastian, a municipal corporation existing under the laws of the
State of Florida.
"City Code" shall mean the Code of Laws and Ordinances of City of Sebastian, Florida, as may
be amended from time to time.
"City Council" shall mean the Sebastian City Council.
"Club Aircraft" shall mean aircraft owned by a Flying Club but shall not mean an aircraft
managed as part of a fractional ownership program as defined in the Federal Aviation
Regu ations.
"County" shall mean Indian River County, Florida.
"County Code" shall mean the Code of Laws and Ordinances of Indian River County, Florida,
as may be amended from time to time.
"Courtesy Vehicle" shall mean any vehicle, other than a taxicab, used to transport Persons,
baggage or goods, or any combination thereof, between the Airport and the business
establishment owning or operating such vehicle, the operation of which is generally performed as
a service without direct costs to the passenger.
"Declared Distance" shall mean the distances available for an airplane's takeoff run, takeoff
distance, accelerate-stop distance, and landing distance requirements.
"Emergency Vehicle" shall mean any Fire Department, Police, Ambulatory, Airport, Federal,
Military, or any other such vehicle designated by the Airport Director, Police/Sheriff's
Department, Indian River County Department of Emergency Services, or any other State or
Federal agency as an authorized emergency vehicle.
"Escort" shall mean for a Person who has access authority to the AOA, SIDA, or other
Restricted Area to accompany and maintain direct control over the activities of a Person without
such authority.
"Exclusive Right" shall mean a power, privilege, or other right excluding or debarring another
from enjoying or exercising a like power, privilege or right. An Exclusive Right may be
conferred either by express agreement, by imposition of unreasonable standards or requirements,
or by any other means. Such a right conferred on one or more parties but excluding others from
enjoying or exercising a similar right or rights would be an Exclusive Right. The granting of an
Exclusive Right to conduct an aeronautical activity for any entity on the Airport other than the
airport sponsor is expressly forbidden by federal law.
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Sebastian Municipal Airport Definitions
"FDOT" shall mean the State of Florida, Department of Transportation or any successor state
agency thereto.
"Federal Aviation Administration" or "FAA" shall mean the United States Department of
Transportation Federal Aviation Administration or any successor federal agency thereto.
"Federal Aviation Regulations" or "FAR" shall mean the regulations of the United States
Department of Transportation, Federal Aviation Administration as codified in Title 14 of the US
Code of Federal Regulations (CFR) as currently in effect or as hereafter amended. Compliance
with the FARs is mandatory.
"Fixed Base Operator" (FBO) shall mean a "full service" commercial aeronautical business
who is authorized to engage in the primary activity of aircraft refueling and a minimum of three
(3) of the following secondary activities: airframe and power plant maintenance, flight training,
aircraft rental, aircraft charter or air taxi, avionics sales and service, and aircraft storage/hangar
rentals.
"Flight School" shall mean a Tenant that is authorized by the FAA to offer flight instruction
under the provisions of 14 CFR Part 61, "Certification: Pilots, Flight Instructors, and Ground
Instructors" or Part 141, "Pilot Schools".
"Florida Statutes" shall mean the Code of Statutes of the State of Florida, as may be amended
from time to time.
"Flight Training" -the commercial operation of instructing pilots in dual and solo flight, in
fixed or rotary wing aircraft, and related ground school instruction as necessary to complete a
FAA written pilot's examination and flight check ride for various categories of pilots licenses
and ratings. Flight training shall also include any portion of a flight between two or more
airports or other destinations where the primary purpose is to increase or maintain pilot or crew
mem er pro iciency.
"Flying Club" shall mean anon-commercial and nonprofit entity organized for the purpose of
providing its members with any number of aircraft for their personal use and enjoyment. Aircraft
must be vested in the name of the flying club owners on a pro-rata share, and the club may not
derive greater revenue from the use of the aircraft than the cost to operate, maintain and replace
the aircraft. It shall not mean any entity that manages aircraft as part of a fractional ownership
program, as defined by the Federal Aviation Regulations.
"Fuel Storage Area" shall mean any portion of the Airport designated temporarily or
permanently by the Airport Director as an area in which aviation or motor vehicle gasoline or
any other type of fuel or fuel additive may be stored or loaded.
"Fueling or Fuel Handling" shall mean the transportation, sale, delivery, dispensing, storage or
draining of fuel or fuel waste products to or from aircraft, vehicles or equipment.
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Sebastian Municipal Airport Definitions
"General Aviation" shall mean all phases of aviation activity other than aircraft manufacturing,
military aviation, and scheduled ornon-scheduled commercial air carrier operations.
"Hazardous Material" shall mean any chemical, substance, material, waste or similar matter
defined, classified, listed or designated as harmful, hazardous, extremely hazardous, dangerous,
toxic or radioactive, or as a contaminate or pollutant, or other similar term, by, and/or which is
subject to regulation under any federal, state or local environmental statue, regulation or
ordinance presently in effect or that may be promulgated in the future, and as they may be
amended from time to time.
"Identification Badge" shall mean the security badge issued by the Airport Director to a Person
or such other form of identification approved by the Airport Director.
"Jet Aircraft" shall mean aircraft powered by turbine or any other engines where thrust is not
provided by an external propeller.
"LDA" shall mean landing distance available, as such term is used in the Advisory Circular.
"Leased Aircraft" -All leased aircraft are divided into the following two categories:
"Exclusive Aircraft Lease" shall mean Aircraft leased by written lease to a single lessee
for a minimum of six (6) months, which aircraft may not be rented, re-leased, or used by the
owner during the term of the lease. Such aircraft shall be for the exclusive use of, and under
the exclusive control of, the lessee and may only be used for the express purpose of lessee's
aeronautical operator agreement with the City. Aircraft leased in this manner may be self
serviced and self fueled by the lessee in accordance with these Standards.
"Nonexclusive Aircraft Lease" shall mean Aircraft leased by written lease to a single
lessee for a minimum of six (6) months, which aircraft may be rented, re-leased or used by
the owner during the term of the lease. Such aircraft are not for the exclusive use of the
lessee, and may not be under the lessee's exclusive control. Aircraft leased in this manner
shall not be self serviced, or self fueled by the lessee.
"Limousine" or "Limo" shall mean afor-hire motor vehicle licensed for such purpose but not
equipped with a taxi meter and providing seating accommodations for not more than fifteen (15)
Persons, not including the driver, operating to and from the Airport for hire, but shall not include
vehicles designated as "Taxicabs" or "Buses".
"Maintenance Run-up" shall mean the operation of the engines on an aircraft for any purpose
other than for proceeding expeditiously to and from the Airport runway system for takeoff,
landing, or taxiing to and from an approved Run-up location.
"Minimum Standards" shall mean the qualifications which are established as the minimum
requirements to be met as a condition for the privilege to conduct an Aeronautical Service on the
Airport. All operators will be encouraged to exceed the Minimum Standards; none will be
allowed to operate under conditions below the minimum standards. The Minimum Standards are
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Sebastian Municipal Airport Definitions
not intended to be all-inclusive, as the operator of a commercial venture which is based on the
Airport will be subject additionally to all applicable Federal, State and local laws, orders, codes,
ordinances and other similar regulatory measures, including any Airport Rules and Regulations
promulgated by the City. To the extent of any conflicts exist between the Minimum Standards
and the Rules and Regulations, the Rules and Regulations shall prevail. (See Minimum
Standards for Commercial Operators)
"National Fire Protection Association" or "NFPA" shall mean all codes and standards
contained in the Standards of the National Fire Protection Association, as the same may be
amended from time to time.
"Non-Movement Area" shall mean specifically designated portions of the AOA that may
include aircraft loading ramps and aircraft parking areas.
"Non-operating Aircraft" shall mean any aircraft located on the Airport which does not possess
a current certificate of airworthiness (having all required inspections, maintenance, etc.) issued
by the FAA and is not actively being repaired.
"Operational Areas" All Operational Areas are divided in the following two categories:
"Landside" shall mean those areas not involved in aircraft movement or operation.
"Airside" shall mean those areas involved in any aircraft movement or operation, i.e.,
runways, taxiways, ramps, tie-down areas, hangar areas, etc.
"Operational Directive" shall mean a written order issued by the Airport Director or his/her
designee bearing the designation "Operational Directive" and requiring specific operational
procedures or prohibiting specific operational procedures or prohibiting specific operations or
types of operations on the Airport or establishing designated and restricted uses of various areas
of the Airport.
"Operator" shall mean a person or persons, firm, company, joint venture, partnership or
corporation engaging in any Aeronautical Service on the Airport. An Operator may be classified
as either a Fixed Base Operator (FBO) or a Specialized Aeronautical Service Provider (SASO).
"Owner" shall mean a Person in whose name the legal title of an aircraft or motor vehicle is
held. The lessee or mortgagor of any aircraft or motor vehicle, which is subject to a conditional
sale with the right to purchase, and with the immediate right of possession vested in the lessee or
one in possession of the aircraft or motor vehicle, shall also be deemed the Owner for purposes
of these Rules and Regulations.
"Permit" shall mean an administrative approval issued by the City to a person or company to
conduct a commercial aeronautical activity, and provide such services to based and transient
aircraft Owners, only from specific facilities and locations where such services are authorized.
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Sebastian Municipal Airport Definitions
"Person" shall mean an individual, corporation, firm, partnership, association, organization and
any other group acting as an entity, to conduct business on the Airport. Person includes a trustee,
receiver, assignee or similar representative.
"Propeller Aircraft" shall mean any aircraft powered by reciprocating or turbine engines
where majority of thrust is provided by propeller.
"Rental Aircraft" shall mean aircraft leased orally to more than a single lessee or for less than
six (6) months. Aircraft leased in such a manner shall not be self maintained, self serviced, or
self fueled by the lessee.
"Repair Station" shall mean a Federal Aviation Administration approved facility utilized for the
repair of aircraft. Activities may include repair and maintenance of airframes, power plants,
propellers, radios, instruments and/or accessories.
"Restricted Area" shall mean any area of the Airport, which is locked or has a posted notice,
for which access is prohibited or limited to specific Authorized Persons.
"Roadway" shall mean any street or road whether improved or unimproved; within the
boundaries of the Airport and designated for use by ground vehicles.
"Rules and Regulations" shall mean the Rules and Regulations for the Airport, as may be
amended from time to time. To the extent of any conflicts exist between the Minimum Standards
and the Rules and Regulations, the Rules and Regulations shall prevail. (See Rules and
Regulations)
"Security Background Check" shall mean an investigation into a Person's employment history
and a criminal records check conducted pursuant to the procedures set forth in Transportation
Security Administration Regulations Section 1500 (or for such successor section as may be
current y in orce).
"Security Identification Display Area" or "SIDA" shall mean those areas of the Airport, if
any, designated by the Airport Director, in accordance with Federal Aviation Regulations, in
which each individual in the area is required to display on their Person the identification badge
issued by the Airport Director or such other form of identification approved by the Airport
Director.
"Security Program" shall mean that program developed for the Airport by the Airport Director,
as required and/or approved by the TSA or FDOT, for the protection and safety of aircraft
operations and uses of the Airport.
"Security Violation" shall mean any breach in the Security Program developed for the Airport
by the Airport Director, as required and/or approved by the TSA or FDOT, for the protection and
safety of aircraft operations and uses of the Airport.
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Sebastian Municipal Airport Definitions
"Self fueling" shall mean the fueling of an aircraft by the Owner of the aircraft, the owner's
employee, or the exclusive lessee of the aircraft, as specifically approved by the City, using
resources supplied by the aircraft owner.
"Self service" shall mean activities such as adjusting, repairing, cleaning, and otherwise
providing service to an aircraft, provided the service is performed by the owner of the aircraft,
the owner's employee, or the exclusive lessee of the aircraft, as specifically approved by the
city, with resources supplied by the aircraft Owner.
"Self service fueling" shall mean the fueling of an aircraft by the pilot using commercial fuel
pumps installed for that purpose. The fueling facility may or may not be attended by the vendor.
"Shuttle" shall mean a commercial for hire passenger motor vehicle, which operates on or to
and from the Airport and which holds a valid license from the Florida Public Service
Commission.
"Specialized Aeronautical Service Operation or Operator" (SASO) shall mean a business
that is authorized to offer a single or limited aeronautical activity or service in accordance with
the established Minimum Standards.
"Sublease" shall mean a written agreement, approved by the city, stating the terms and
conditions under which a third party Operator leases space from a Lessee for the purpose of
providing aeronautical services at the Airport.
"Taxicab" or "Taxi" shall mean any automobile that carries Persons for a fare, determined by a
meter, and that is appropriately licensed as a Taxicab by the proper governmental authority.
"Taxi lane" shall mean the portion of the Airport apron area, or any other area, used for access
between taxiways and aircraft parking or storage areas.
"Taxiway" shall mean a defined path established for the taxiing of aircraft from one part of the
Airport to another.
"Tenant" shall mean a Person who leases real property on the Airport or from the City for
Airport-related functions and whose premises have access to the Airport. For purposes of these
Rules, "Tenant" shall include subtenants and other Persons who occupy a Tenant's premises with
the consent of the Tenant.
"Terminal" shall mean any Airport facilities accessed by the public related to air transportation,
including all buildings, roadways, vehicular circulation areas and parking facilities including
facilities operated by Tenants.
"Terminal Area" shall mean any Airport facilities accessed by the flying public related to air
transportation including terminal buildings, aircraft aprons, temporary aircraft parking areas,
access taxiways and taxi lanes, fueling facilities, aircraft wash racks and other Tenant or Airport
facilities.
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Sebastian Municipal Airport
Definitions
"Through-the-Fence" shall mean a commercial aeronautical activity or service that is directly
related to the use of the Airport, but is developed or located off airport property. The term also
includes commercial aeronautical activities or services performed on the airport by individuals or
businesses, which may or may not have a lease or permit from the City to perform such services.
"TODA" shall mean takeoff distance available, as such term is used in the Advisory Circular.
"TORA" shall mean takeoff run available, as such term is used in the Advisory Circular.
"UNICOM" shall mean a public two-way VHF aviation radio communication system that
allows the transmission of airport advisory information.
"Vehicle" shall mean anything other than an Airport or Emergency Vehicle, used as a method of
transportation for Persons and/or goods.
"Vehicle Parking Area" -any portion of the Airport designated and made available temporarily
or permanently by the City for the parking of vehicles.
"Zero Tolerance" shall mean that no warning notices, verbal or written, will be issued for
violations that have a Zero Tolerance policy. Offenders will immediately be penalized as
outlined in the Rules and Regulations.
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