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HomeMy WebLinkAbout2007General Provisions fog 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 -1- 4/3/2007 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. -1- 4/3/2007 Sebastian Municipal Airport General Provisions 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 -2- 4/3/2007 Sebastian Municipal Airport General Provisions 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 -3- 4/3/2007 Sebastian Municipal Airport General Provisions 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. -4- 4/3/2007 Sebastian Municipal Airport 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. -s- 4/3/2007 Sebastian Municipal Airport General Provisions 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. -6- 4/3/2007 Sebastian Municipal Airport 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 -~- 4/3/2007 Sebastian Municipal Airport General Provisions 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. -8- 4/3/2007 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. B-1 2/13/2007 Rules and Regulations fog Sebastian Municipal Airport 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 -~- 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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 _ii_ 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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 -z~~- 4/3/07 Sebastian Municipal Airport 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: -1- 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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. -2- 4/3/07 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. -3- 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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 -4- 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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 -s- 4/3/07 Sebastian Municipal Airport 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 -6- 4/3/07 Sebastian Municipal Airport 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. -~- 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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. -8- 4/3/07 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. -9- 4/3/07 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. -lo- 4/3/07 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. -11- 4/3/07 Sebastian Municipal Airport 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. -12- 4/3/07 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. -13- 4/3/07 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). -14- 4/3/07 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. - Is- 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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. -16- 4/3/07 Sebastian Municipal Airport 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 -17- 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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. - Is- 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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. -19- 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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 -20- 4/3/07 Sebastian Municipal Airport (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. -21- 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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. _22_ 4/3/07 Sebastian Municipal Airport 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. -23- 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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. -24- 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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- -2s- 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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. - 26 - 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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. _2~_ 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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 _28_ 4/3/07 Sebastian Municipal Airport Airport Rules and Regulations 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. -29- 4/3/07 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 F il T P id All R d I f ti M D l P i f Y N ti t FOR FAA USE ONLY ure rov n orma on rocess ng o our a o e eques e ay e ay o ce 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 2 E ti l ti t d C ( ) ma omp on s e e (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: ~~ a ~ Address: Address: ~~ E? ~~ ~ ~ ~. ,~ ~ m ~~E ~~ a ~~~ ~ ~' ~m Tel. No.: (Include Area Code) Tel. No.: (Include Area Code) ~ a o I hereby certify that the information provided is true, complete, and correct to the best of my knowledge. E o ~ Signature Title Date ~ ~- o 3oN N a c~ 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 -1- 4/5/2007 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 -ii- 4/5/2007 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 -iii - 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. -1- 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 -2- 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. -3- 4/5/2007 Sebastian Municipal Airport 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 -4- 4/5/2007 Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services ("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 -s- 4/5/2007 Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services 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. -6- 4/5/2007 Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services 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. -~- 4/5/2007 Sebastian Municipal Airport 4.3 Passenger Transportation Minirnurn Standards for Aeronautical Services 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. -8- 4/5/2007 Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services 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. -9- 4/5/2007 Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services 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. -lo- 4/5/2007 Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services 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. -11- 4/5/2007 Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services 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. -12- 4/5/2007 Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services 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. -13- 4/5/2007 Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services 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. -14- 4/5/2007 Sebastian Municipal Airport 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. - Is- 4/5/2007 Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services 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 -16- 4/5/2007 Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services 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 _17_ 4/5/2007 Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services 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. - Is- 4/5/2007 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 -19- 4/5/2007 Sebastian Municipal Airport Minirnurn Standards for Aeronautical Services 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. -20- 4/5/2007 Sebastian Municipal Airport 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. -21- 4/5/2007 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 - i - 4/3/2007 Sebastian Municipal Airport Development Guidelines and Standards 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 -1- 4/3/2007 Sebastian Municipal Airport Development Guidelines and Standards 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 -2- 4/3/2007 Sebastian Municipal Airport 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 -3- 4/3/2007 Sebastian Municipal Airport 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. -4- 4/3/2007 Sebastian Municipal Airport 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 -s- 4/3/2007 Sebastian Municipal Airport 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. -6- 4/3/2007 Sebastian Municipal Airport 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 3/31/2007 N Q d Q N c~ d 0 V N d V 0 L a a~ 0 d d 0 s as N d J L L a c m m J 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 B-1 4/3/2007 Sebastian Municipal Airport 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 B-2 4/3/2007 Sebastian Municipal Airport 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. B-3 4/3/2007 Sebastian Municipal Airport 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. B-4 4/3/2007 Sebastian Municipal Airport Development Guidelines and Standards 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 B-s 4/3/2007 Sebastian Municipal Airport Development Guidelines and Standards 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 B-6 4/3/2007 Sebastian Municipal Airport Development Guidelines and Standards 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. B-7 4/3/2007 Sebastian Municipal Airport Development Guidelines and Standards 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. B-8 4/3/2007 Sebastian Municipal Airport Development Guidelines and Standards 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. B-9 4/3/2007 Sebastian Municipal Airport Development Guidelines and Standards 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. B-lo 4/3/2007 Sebastian Municipal Airport Development Guidelines and Standards 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. 8-11 4/3/2007 Sebastian Municipal Airport Development Guidelines and Standards 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. 8-12 4/3/2007 Sebastian Municipal Airport Development Guidelines and Standards 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 8-13 4/3/2007 Sebastian Municipal Airport Development Guidelines and Standards 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. 8-14 4/3/2007 Sebastian Municipal Airport Development Guidelines and Standards 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. B-Is 4/3/2007 Sebastian Municipal Airport 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. 8-16 4/3/2007 Sebastian Municipal Airport Development Guidelines and Standards 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. B-1 ~ 4/3/2007 Sebastian Municipal Airport 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 8-18 4/3/2007 Sebastian Municipal Airport Development Guidelines and Standards 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. 8-19 4/3/2007 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 c-1 3/31/2007 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} ~-2 3/31/2007 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 D-1 3/31/2007 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. D-2 3/31/2007 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. E-1 3/31/2007 Sebastian Municipal Airport 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 E-2 3/31/2007 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. E-3 3/31/2007 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. E-4 3/31/2007 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. E-5 3/31/2007 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 -~- 3/2/07 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 _ll_ 3/2/07 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 -z~~- 3/2/07 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: -1- 3/2/07 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. -2- 3/2/07 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. -3- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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) 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. -4- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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 -s- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) (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 -6- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) (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 -7- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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. -8- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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. -9- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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 -lo- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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 -11- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) "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 -12- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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 -13- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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". -14- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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 - Is- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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 -16- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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 -17- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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. - Is- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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. -19- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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 -20- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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 -21- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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 _22_ 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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 -23- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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 -24- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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. -2s- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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. - 26 - 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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. _2~_ 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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 _28_ 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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. -29- 3/2/07 Sebastian Municipal Airport Aeronautical Lease Extension(with Construction) 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. -30- 3/2/07 Sebastian Municipal Airport 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 -31- 3/2/07 Sebastian Municipal Airport 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. -1- 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- 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 -1- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 _ii_ 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 -iii- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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: -1- 3/2/07 Sebastian Municipal Airport Non-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 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 -2- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 -3- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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. -4- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 -s- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 -6- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 -7- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 -8- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 -9- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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. -lo- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 -11- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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. -12- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 -13- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 -14- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 - Is- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 -16- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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. -17- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 - Is- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 -19- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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. -20- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 -21- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 _22_ 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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. -23- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 -24- 3/2/07 Sebastian Municipal Airport Non-Aeronautical Lease Extension(with Construction) 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 -2s- 3/2/07 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. - 26 - 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 _2~_ 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 _28_ 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 -29- 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. -30- 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 -31- 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. -1- 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 -1- 4/6/2007 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 -1- 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 -2- 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. -3- 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. -4- 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 _~ ~ ~ ~ ~ ~ Q i ~ t 6 ~ ~ ~ ~ ~ t 6 t 6 ~ N ~ ~~ ~ (~ \ C Q ~ r C C \ C \ C N M C ~a `~ ~~ ° r o ~~ ~~ L ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ O Q~ C C ~ ~ 0 0 r r C C C ~ ~ ~~~ N 0 0 O O ~ r N ~ _ ~ ~ 3 ~ I O t6 \° \° ,~ `~ ~ f0 t6 (0 N r W ~ ~ ('~ C In lf) ('~ o C C C N ~ In (D O ~ N 0 U m , ~ ~ ~ ~~ rnrn ~ ~ ~ ~ ~ ~ ~ ~ ~ 3~ ~ ~ 0 0 o c c ~ c c c~ J ~ o o + N ~ ' ~ L O ~ N C C C C C C C r C~ U! >+ ~ ~ c~ C Qo Na L ~a ~~ N mV Q' v p z c~ (6 ~ N ~ ~ ~ ~ D~ ' L ~ t 6 f6 ~ ~ ~ ~ ~ f 6 t 6 ~ ~ ~ ~ UJ 3 ~~ ' \ C C Q Q N ~ , \ C \ C m C~ ~ ~~ m QO O O O ~ ` ('~ ~ ++ N r > ' ~ ++ ~ ~ L ~ ~ N a E o U ~ m ~ ~ ~ N~ 0 ~ ~ O ~~ N In N O O O O O t6 f6 t0 ~~~ Q. ~ ~ O In ~ ~ 0 0 r N In In C C ~ G ~ ~ °O ~ O 4fl ER a ~ 0 0 N N .~ t ++ ~ = ~ +~+ L ~ O O t6 ~ t0 t6 ~ ~ N N ~ N N ~ N N f0 ~ (0 ~ (6 ~ f6 f0 (0 ~ ~ ~ N ~ O 3~ O N C O O r r C C C C C U U O O ~ O O U t0 N i = L (~ p 41 ~ ~ ~ ~ O 41 _ 3 ~ N - p N Q '~ ~ ~ ~ ~ ~ ~ ~ m ~ N o 3 O ~ V ~~ O o pp M ~ o ~ + o N L Q W ~ L ~ a N ~ ~ ~ ~ ~ p a.i ~, Q ~a ~, o L ~ U o ~ ~ C Q~~~ ~ ~ p ~ ~ 3 d LL N ~ +, ~ a .. 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O O ~ N }' ~ ~ ~ `~ s N U +, 0 +, ~ N J N w ~ c~ ~ ~ zQom~cnYcnQcncn ~ ~ cnOc~ ~ c U ~~ ~ o zcn0 ~ c o* ~ = cn ~ cn 0 cn ~ cn a cn ~ z 0o O a0 a0 ~ ~ O ~ O N O ~ ~ 00 O ~ O ~ N O ~ O O ~ r ~ O ~ ' In (D ~ ~ ~ In O N ~ r ~ (~ N ~ (~ cD co cri ~ ~ O ~ N (7 O ~ ~ N O W ('~ ~ O M 00 ~ a0 O O N O (~ O O r ~ O 00 ~ O O In ~ C7 ' ~ 00 ~ ('') N O ~ O tD O ~ C~ O N ~ N r O N ~ (D O N N (D ~ O O (D ~ (D ~ N (0 (0 N O f~ ('~ C7 ~ ~ I` r d V d ~p o0 N a0 ~ N O O O O a0 M ~ a~ 00 ~ f~ w ~ ~ O o ~ o N ~ O ~ O ~ O ~ ~ ~ O a O ~ ~ N N ~ t0 t0 ~ f~ N N O N O N cD f~ ('~ ~ ~ N t0 a0 ('~ M ~ 0o O a0 In O ~ O ~ O a0 O 00 O In N ~ ~ O ~ O a0 r O In O ~ ' ~ O ~ ~ ~ Ln ~ r O ~ N N O ~ f~ t0 O f~ N ~ O N O N C~ In ~ ~ t'') N t0 00 ('~ N ~ r `'' ~ ~ 00 00 O ~ a0 In O O In t~ 07 ('') W f~ W ~ O O ~ C7 O M ~ ~ ~ t~ ~ ' ~ ~ 00 ~ f~ ~ N 01 ~ O ~ O ~ f~ O N (D f~ ~ (~ ~ 00 N f~ ~ N ~ f~ ('~ cD O tD r ~ N N ~ N c~ m ~ ~ t0 O In O ~ N ('~ ~ O ~ ~ O O C~ O f~ a0 ~ r +~+ O N N t0 ~ O ~ O ' ' 00 C~ (D ~ ~ ~ O ~ ' ~ ~ tD N ~ ~ ~ ~ ('') c~ (~ O ~ ~ N O (~ ~ c~ M N 0 N Q- N ~- 0 J . ~ M, ~ Q. ' ~ ~ v N O O cD ' O ~ ~ ~ a0 O O O (D ' O c~ ~ ~ t0 O ~ a0 N O ao N O 00 , d a ~ N t 0 ~ r M C~ ~ c~ ~ O ~ ~ ~ ~ W ~ O ~ O ~ ~ ~ ~ N ~ N f~ ~ ~ ~ ~ ~ N ~ O C~ M N r ~ ~ 0 0 N ~ ~ a~ as ~ N ~ ~ N O ~ O O a0 Cfl ~ N a0 07 O f~ ~ a0 ~ O O ~ N N ~ '~ ~ O O N O r ~ M ~ O ~ N ' a0 N N o0 ~ r ~ ~ O ~ a0 O O I~ N 2 ~ ~ O ~ ~ N ~ ~ ~ N N r .~. M ~ ~ 000 N t'') 000 ~ O C~ O O O O O ' ' O ('') O ~ O ~ O O ~ O (D lf') ~ ~ (D N ~ O N tD f~ N (~ ~ ~ ~ ti r r r r (7 r N N Q X N O t~ U N Q N ~ ~ N r. ~ W ^' U ~ ~ W U . N W N N n, L N ~ O t6 ~ ~ ~ Z '~ ~ ~ ~ VJ ~ Z o c a ~ ~ ~ ~ a~ Z W W `, ~ ~ a ~ ~ W ~ ~, o W ~ N W o C ~ (~ ~ W ~ U W ~ X W ~ O ~ W L ~ ~' a N w O ~ ~ ~ L s ~ a ~ a O ~ ~ ~ ~ ~ o ~ ~a w w = ~ 0 ~ a p X a U O ~ p w o~ ~ ~ ~ ~ w ~ z z ' 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. -2- 4/3/2007 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). -3- 4/3/2007 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. -4- 4/3/2007 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. -s- 4/3/2007 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 -6- 4/3/2007 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. -~- 4/3/2007 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. -8- 4/3/2007 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. -9- 4/3/2007 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. -lo- 4/3/2007