HomeMy WebLinkAboutAIRPORT FUTURE DEVELOPMENT AGREEMENT 20160926000938 01111111011111111111
20160926000938
FIRST AMERICAN AG 81.00
Return Address: PAGE-001 OF 00909/26/2016 14:22
Auburn City Clerk KING COUNTY, WA
City of Auburn
25 West Main St.
Auburn, WA 98001
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Document Title(s) (or transactions contained therein):
Airport Future Development Agreement
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Auburn,WA 98001
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EXHIBIT C
AIRPORT FUTURE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF AUBURN AND CLASSIC HELICOPTERS
THIS AGREEMENT is entered into by the City of Auburn ("CITY") and Classic
Helicopters ("CLASSIC") and is intended to be a companion and mutually executed instrument
to the standard lease agreement for business use and occupancy at the Auburn Municipal Airport
between the CITY and CLASSIC.
WHEREAS, CLASSIC is a current business engaged in helicopter tours, charters, sales
and leasing that operates out of Boeing Field; and,
WHEREAS, CLASSIC previously approached the CITY regarding the relocation of its
business operations to the Auburn Municipal Airport; and,
WHEREAS, on April 18, 2016, the Auburn City Council approved Resolution No. 5227
that authorized the Mayor to negotiate and execute a formal lease agreement that substantially
meets the terms contained within the term sheet attached to the Resolution; and,
WHEREAS, the Auburn City Council's approval of Resolution No. 5227 was premised
on the execution of a companion agreement to the lease agreement addressing CLASSIC's intent
to develop or otherwise relocate to permanent business facilities for its operation at the Auburn
Municipal Airport; and,
WHEREAS, this lease upon mutual execution will authorize CLASSIC's rental of office
space at the Airport Management Office and the rental of airport surface area for the installation
of a temporary hangar building and associated ramp space; and,
WHEREAS, CLASSIC has indicated its interest in development of a permanent office
and hangar building using one of the following options:
1
1. Locate and develop a company owned permanent facility on one of the development
sites specified in the Airport Layout Plan contained within the current Federal
Aviation Administration (FAA) approved Airport Master Plan for the Auburn
Municipal Airport; or
2. Locate a permanent facility in a structure built in part or in whole at the Airport by
others on one of the development sites specified in the Airport Layout Plan; or
3. Purchase an existing structure at the Airport for its permanent facility.
WHEREAS, CLASSIC has advised the CITY that it will require thirty-six (36) months
from the date of mutual lease execution to develop said permanent office and hangar space
during which time it would occupy the spaces specified in the lease agreement; and,
WHEREAS, the CITY desires to have CLASSIC to locate said permanent office and
hangar space at Auburn Municipal Airport and further desires that substantive progress is
demonstrated during the aforementioned thirty-six (36) month period inclusive of the completion
of key milestone actions; and,
WHEREAS, CLASSIC desires and intends to demonstrate substantive progress to the
CITY during the aforementioned thirty-six (36) month period; and
WHEREAS, CLASSIC needs flexibility and reasonable time to evaluate and implement
the most business appropriate and cost efficient option for permanent relocation and/or
development; and
WHEREAS, the CITY desires to work with CLASSIC to accommodate its development
needs to the extent it can do so within its municipal authority.
NOW THEREFORE, IT IS HEREBY AGREED by the parties as follows:
CLASSIC shall proceed in good faith towards the financing, design, construction and
occupancy of permanent office and hangar space at the Auburn Municipal Airport full
accordance with the following performance measures and timelines:
SECTION I. Performance Measures and Timeframes
Performance Measure No. 1: Prepare and submit by June 30, 2017 a pre-application
conference application to the CITY for the location and development of permanent office and
hangar space at the Auburn Municipal Airport. If, however, CLASSIC determines to either: a)
locate in a structure built in part or in whole by others on one of the development sites specified
in the Airport Layout Plan or b) to purchase an existing structure for its permanent facility, then
CLASSIC shall by June 30, 2017 submit to the City's specified contact a signed and dated Letter
of Intent specifying its intent to do one of the preceding actions. If this Letter of Intent is
submitted, a pre-application conference application submittal shall not be required.
Performance Measure No. 2: If CLASSIC determines to locate and develop permanent
office and hangar space at the Auburn Municipal Airport and/or if it determines to locate in a
2
structure built in part or in whole by others on one of the development sites specified in the
Airport Layout Plan or to purchase an existing structure for its permanent facility and either of
these decisions require improvements to the exterior or interior of buildings or associated
parking and landscaping areas, CLASSIC shall no later than January 31, 2018 prepare and
submit all required and applicable building, land use, environmental and civil applications of and
all required written studies, documentation and to-scale plans and drawings prepared by licensed
professionals in the State of Washington, as appropriate.
Performance Measure No. 3: If CLASSIC determines to locate and develop permanent
office and hangar space at the Auburn Municipal Airport and/or if it determines to locate in a
structure built in part or in whole by others on one of the development sites specified in the
Airport Layout Plan or to purchase an existing structure for its permanent facility and either of
these decisions require improvements to the exterior or interior of buildings or associated
parking and landscaping areas, CLASSIC shall no later than September 30 2018, complete all
required and applicable building, land use, environmental and civil application reviews with the
CITY.
Performance Measure No. 4: CLASSIC shall no later than December 31, 2018 award
any and all relevant and applicable construction contract(s) related to one of the options for
permanent office and hangar space specified herein.
Performance Measure No. 5: CLASSIC shall no later than March 31, 2019 commence
construction for any and all relevant and applicable construction related to one of the options for
permanent office and hangar space specified herein.
Performance Measure No. 6: CLASSIC shall no later than October 31, 2019 complete
any and all relevant and applicable construction related to one of the options for permanent
office and hangar space specified herein, provided, that upon mutual coordination and evidence
of good faith effort, the CITY may extend this timeframe to a later date.
Performance Measure No. 6: CLASSIC shall no later than December 31, 2019 obtain
final occupancy authorization and occupy one of the options for permanent office and hangar
space specified herein, , provided, that upon mutual coordination and evidence of good faith
effort, the CITY may extend this timeframe to a later date.
SECTION H. CITY Performance
In recognition of the CITY's interest of having a permanent hangar/office facility
constructed and operated by CLASSIC at the Auburn Municipal Airport, the CITY shall
endeavor to provide on-going and consistent high quality customer service to CLASSIC and
shall work with CLASSIC to assist CLASSIC in meeting its obligations as stated herein without
undue or intentional delays in activities or responsiveness by the CITY. The CITY shall meet
periodically with CLASSIC to monitor its development progress and advice CLASSIC of steps it
would recommend to accommodate future steps in CLASSIC's development, to accomplish the
purposes hereof. The City shall provide written information needed or requested by CLASSIC in
a timely manner as it proceeds to comply with the performance measures stated herein. The
CITY shall notify CLASSIC in a timely manner of changes in City policies, fees or business
3
practices pertaining to the Auburn Municipal Airport that could directly or indirectly impact
CLASSIC's ability to comply with the performance measures.
SECTION III. Default
Subject to extensions of time by mutual consent in writing, failure or delay by CLASSIC
to perform any term or provision of this Agreement shall constitute a default both of this
AGREEMENT and a breach of contract of the executed lease agreement for temporary use and
occupancy of space at the Auburn Municipal Airport that may lead to termination by the CITY
of said lease agreement. In the event of alleged default or breach of any terms or conditions of
this Agreement, the CITY shall provide CLASSIC not less than fifteen (15) calendar days'
notice in writing specifying the nature of the alleged default and the manner in which said default
may be cured. During this fifteen (15) calendar day notice period, CLASSIC shall not be
considered in default for purposes of termination or institution of legal proceedings.
After notice and expiration of the fifteen (15) calendar day notice period if such default
has not been cured or is not being diligently cured in the manner set forth in the notice the CITY
may at its option institute legal proceedings pursuant to this Agreement.
SECTION IV. Recording
The Agreement shall be recorded with the Real Property Records Division of the King
County Records and Elections Department. The Agreement shall bind and inure to the benefit of
the parties and their successors in interest consistent with terms and timeframes stated herein.
SECTION V. Dispute Resolution
In the event of a dispute regarding the interpretation of this Agreement where there is not
already a procedure provided for in the Agreement each party will attempt to resolve the dispute.
If the Parties cannot resolve the dispute, any of the Parties may request mediation. The Parties
will agree on a mediator. If Parties cannot agree on a mediator within ten (10) calendar days of
any party requesting mediation each Party will choose a mediator and the two mediators will
choose a third to mediate the dispute. If mediation fails this matter shall be heard in the Superior
Court of King County Washington.
SECTION VI. Extensions
This Agreement and all terms, timeframes and conditions stated herein may only be extended
by the CITY.
SECTION VII. Termination
This Agreement shall terminate upon full completion of all Performance Measures.
4
SECTION VIII. Parties in Interest
This Agreement shall be binding upon and the benefits and obligations provided for herein
shall inure to and bind the parties hereto and their respective successors and assigns provided
that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by
this Agreement This Agreement is for the exclusive benefit of the parties hereto and it does not
create a contractual relationship with or exist for the benefit of any third party including
contractors subcontractors and their sureties.
SECTION IX. Costs to Prevailing Party (ies)
In the event of such litigation or other legal action to enforce any rights, responsibilities or
obligations under this Agreement, the prevailing party (ies) shall be entitled to receive its
reasonable costs and attorney's fees.
SECTION X. Applicable Law
This Agreement and the rights of the parties hereunder shall be governed by and
interpreted in accordance with the laws of the State of Washington and venue for any action
hereunder shall be in King County Washington provided however that it is agreed and
understood that any applicable statute of limitation shall commence no later than the last day of
the date of termination as specified herein.
SECTION XI. Nondiscrimination
None of the Parties shall discriminate on the basis of any protected class as defined by
any state, federal or local ordinance including but not limited to race color national origin
disability age or sex in the performance of this Agreement.
SECTION XII. Captions, Headlines and Titles
All captions headings or titles in the paragraphs or sections of this Agreement are inserted
for convenience of reference only and shall not constitute a part of this Agreement or act as a
limitation of the scope of the particular paragraph or sections to which they apply. Terms not
specifically defined in this Agreement shall have the same definition as in the applicable section
of the Auburn City Code. As used herein, where appropriate, the singular shall include the plural
and vice versa and masculine, feminine and neuter expressions shall be interchangeable.
Interpretation or construction of this Agreement shall not be affected by any determination as to
who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement
of the parties.
5
SECTION XIII. Severable Provisions
Each provision of this Agreement is intended to be severable. If any provision hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this Agreement.
SECTION XIV. Entire Agreement
This Agreement contains the entire understanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all prior agreements and understandings
between the parties with respect to such subject matter.
SECTION XV. Authority to Sign
Signatories to this Agreement warrant and agree that they are duly authorized to sign the
Agreement on behalf of the CITY and CLASSIC.
SECTION XVI. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be one
and the same Agreement and shall become effective when one or more counterparts have been
signed by each of the parties and delivered to the other parties.
[Signatures on next page]
6
Dated and Signed this /pp day of _Ih�� , 20/4 .
CITY OF AUBURN: /'
\• I . kA.
ANCY S
Mayor
TITLE
ATTEST: APP'O ED4,4 'i OR
Danielle E. Daskam, (Oriel B. Heid,
City Clerk City Attorney
Dated and Signed this l L day 1,
of �,i , 2040.
STATE OF WASHINGTON )
) ss.
County of �-1 73 )
The undersigned Notary Public hereby certifies: That on this /Oay of
20 t , personally appeared before me N Cl n 6-4 c (name),
fRO, (title), and
(name), (title), to me known to be the individual(s)
described in and who executed the within instrument, and acknowledged that he/jI efthey signed
and sealed the same as his/&¢/their free and voluntary act and deed, for the purposes and uses
therein mentioned, and on oath stated that he/ /they /were duly authorized to execute said
document on behalf of Cr-hi c /&(;sl)
,JJ
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
�.� PAY4F X1 /4
.,-\\„,"1,`""111,,17k I,, Notary Public i d for the State of Washington,
oSARY'���i' � Residing at V (r), l J A
o ?� My commission expires C1 / ( c,7,
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Dated and Signed this -1 day of c(iyytcz , 20 IC.
CLASSIC HELICOPTER CORPORATION:
F. Gre:: Bake
Secretary/Treasurer
TITLE
STATE OF WASHINGTON )
) ss.
County of � )
The undersigned Notary Public hereby certifies: That on this 9-fik day of
2014 personally appeared before me 41, ert., I (name),
Afc-d , Le 4--. (title), and 0
(name), (title), to me known to be the individual(s)
described in and who executed the within instrument, and acknowledged that he/she/they signed
and sealed the same as his/here/their free and voluntary act and deed, for the purposes and uses
therein mentioned, and on oath stated that he/she/they was/were duly authorized to execute said
document on behalf of ei%t, COt¢
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
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ACITYOFADMINISTRATIVE
UBURN V RLV POLICY AND PROCEDURE
WASHINGTON
TITLE: SUBJECT: FINANCE
AUBURN MUNICIPAL AIRPORT
MINIMUM OPERATING STANDARDS INDEX NUMBER 100-81
EFFECTIVE DATE SUPERSEDES PAGE PREPARED BY: MAYOR'S APPROVAL
11/26/07 NEW 1 OF 27 SHELLEY S/S
COLEMAN
1.0 PURPOSE
Minimum operating standards provided in this document and any amendments thereto
(hereinafter referred to as "regulations"), adopted pursuant to the Auburn City Code, are
intended for the safe, orderly and efficient operation of the airport, and apply to all persons using
the airport for any reason.
In addition to any other stated penalties, anyone who violates or fails to comply with any
provisions of these rules and regulations shall upon conviction there of be punished as provided
in ACC 1.25.050. A violation of any of the rules or regulations set forth in this chapter shall be
deemed sufficient cause for the Airport Manager to deny or prohibit access to or use of the
airport by the responsible person or firm.
2.0 ORGANIZATIONS AFFECTED
All departments/divisions
3.0 REFERENCES
Ordinance No. 6118
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Minimum Operating Standards
4.0 POLICY
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS; APPLICATION; WAIVER 4-5
Section 1-1 Definitions 4
Section 1-2 Application of Minimum Operating Standards 4
Section 1-3 Multiple activities by one commercial airport operator 4
Section 1-4 Activities not covered by Minimum Operating Standards 4
Section 1-5 Waiver or modification of standards 4
ARTICLE 2 APPLICATION PROCESS 5-7
Section 2-1 Applications 5
Section 2-2 Processing; denial 6
Section 2-3 Appeal Process 7
ARTICLE 3 GENERAL CONTRACTUAL PROVISIONS 7-8
Section 3-1 General Provisions 7
ARTICLE 4 INSURANCE 8-9
Section 4-1 General insurance requirements 8
Section 4-2 Additional insurance required
by City's risk management director 9
Section 4-3 Form; acceptance by City 9
ARTICLE 5 GENERAL OPERATIONAL REQUIREMENTS 9- 11
Section 5-1 Airport Rules and Regulations 9
Section 5-2 Taxiway access 9
Section 5-3 Right-of-entry reserved 9
Section 5-4 Rates and charges 10
Section 5-5 Personnel, subtenants and invitees; control and demeanor 10
Section 5-6 Interference with utilities and systems 10
Section 5-7 Fire equipment 10
Section 5-8 Vehicle Identification 10
Section 5-9 Indemnification 10
ARTICLE 6 FIXED BASE OPERATORS 11-15
Section 6-1 Statement of concept 11
Section 6-2 Land and facility requirements 11
Section 6-3 Hours of operation 12
Section 6-4 Subcontracting services; restrictions 12
Section 6-5 Minimum requirements of FBO services 12
Section 6-6 Insurance 14
Section 6-7 Monthly aeronautical business permit fee 14
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Minimum Operating Standards
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Minimum Operating Standards
ARTICLE 7 GENERAL AVIATION SPECIALTY SERVICES 15-23
Section 7-1. Hangar leasing services 15
Section 7-2. Aircraft sales services 16
Section 7-3. Aircraft maintenance and repair services 16
Section 7-4. Aircraft leasing or rental services 17
Section 7-5. Flight training services 17
Section 7-6. Specialized aircraft repair services 18
Section 7-7. Aircraft charter services 18
Section 7-8. Specialized commercial flying services 19
Section 7-9. Aircraft management services 19
Section 7-10. Mobile aircraft washing services 20
Section 7-11. Mobile aircraft maintenance and repair services 21
Section 7-12. On-Airport Rental Car Concession Services 22
Section 7-13. Off-Airport Rental Car Concession Services 22
Section 7-14. Off-Airport Catering Services 22
Section 7-15. Charter Brokerage Services 23
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Minimum Operating Standards
ARTICLE 1 DEFINITIONS; APPLICATION; WAIVER
Section 1-1. Definitions.
All definitions contained in the Auburn City Code and the airport Rules and Regulations are
incorporated by reference into these Minimum Operating Standards. For purposes of these
Minimum Operating Standards, all references to the "Rules and Regulations" are to the airport
Rules and Regulations.
Section 1-2. Application of Minimum Operating Standards.
All persons conducting commercial aeronautical activities at the airport (hereinafter referred to as
commercial airport operator), shall, as a condition of conducting such activities, comply with all
applicable requirements concerning such activities as set forth in these Minimum Operating
Standards and any amendments thereto. The requirements set forth herein are the minimum
standards which are applicable to persons conducting commercial aeronautical activities at the
airport and all persons are encouraged to exceed such minimum standards in conducting their
activities. These Minimum Operating Standards shall be deemed to be a part of each commercial
airport operator's lease, license, permit or agreement with or from the City unless any such
provisions are waived or modified by the City pursuant to section 1-5. The mere omission of any
particular standard from a commercial airport operator's written lease, license, permit or
agreement with the City shall not constitute a waiver or modification of such standard in the
absence of clear and convincing evidence that the City intended to waive or modify such standard.
Section 1-3. Multiple activities by one commercial airport operator.
Whenever a commercial airport operator conducts multiple activities pursuant to one lease,
license, permit or agreement with the City, such commercial airport operator must comply with the
minimum standards set forth herein for each separate activity being conducted. If the minimum
standards for one of the commercial airport operator's activities are inconsistent with the minimum
standards for another of the commercial airport operator's activities, then the minimum standards
which are most beneficial to the City, and/or which are most protective of the public's health,
safety and welfare, shall apply.
Section 1-4. Activities not covered by Minimum Operating Standards.
Any activities for which there are no specific minimum standards set forth herein shall be subject
to such standards and provisions as are developed by the airport director on a case-by-case basis
and set forth in such commercial airport operator's written lease, license, permit or agreement with
or from the City and shall pay the aeronautical business permit fee as set forth in the City of
Auburns fee schedule.
Section 1-5. Waiver or modification of standards.
The Airport Supervisor may waive or modify any portion of these Minimum Operating Standards
for the benefit of any governmental agency performing non-profit public services, fire protection or
fire-fighting operations. The City's Airport Supervisor may waive or modify any portion of these
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ADMINISTRATIVE Auburn Municipal aI Airport ort PAGE
POLICY AND PROCEDURE 6 OF 27
Minimum Operating Standards 100-81
Minimum Operating Standards for any person when it is determined that such waiver or
modification is in the best interest of the City and will not result in unjust discrimination among
commercial airport operators at the airport.
ARTICLE 2 APPLICATION PROCESS
Section 2-1. Applications.
Any person who desires to conduct any commercial aeronautical activities at the airport covered
by these Minimum Operating Standards shall, prior to conducting such activities, submit an
Aeronautical Business Permit Application to the Airport Manager, and receive approval thereof,
from the Airport Supervisor. In addition to the following requirements, the Airport Manager may
require the applicant to provide additional information which is necessary to ensure compliance
with the Auburn City Code, Rules and Regulations, and/or these Minimum Operating Standards.
The applicant shall, at minimum, submit the following documentation with the above-referenced
application:
(a) A detailed description of the scope of the intended operations, including all services to be
offered;
(b) The amount of land, office space, and/or aircraft storage areas required for the operation;
(c) A detailed description of any improvements or modifications to be constructed or made to
airport property, including cost estimates and a construction timetable;
(d) The proposed hours of operation;
(e) Documentation of the applicant's financial capabilities to construct any improvements and to
conduct any proposed activities;
(f) A detailed description and/or evidence of the applicant's technical abilities and experience in
conducting the proposed activities, including personal references;
(g) The commencement date for the applicant's activities and the term of the lease, license, permit
or agreement sought, including all option periods;
(h) One of the following:
1. If the applicant is a corporation, a copy of the articles of incorporation as filed with the
State of Washington;
2. If the applicant is a limited liability company, a copy of the articles of organization filed
with the State of Washington;
3. If the applicant is a limited partnership, a copy of the certificate of limited partnership
filed with the State of Washington; or
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POLICY AND PROCEDURE 100-81 7 OF 27
Minimum Operating Standards
4. If the applicant is a general partnership, a copy of the written partnership agreement;
(i) An original copy of a certificate of insurance, in the amounts outlined hereunder, naming the
City as an additional insured;
(j) A copy of a lease/sublease or other agreement with the City or a bona fide airport tenant;
(k) A copy of the applicant's City of Auburn Business License;
(I) A rates and charges schedule of all services to be conducted at Auburn Municipal Airport; and
(m) Copies of applicable Federal Aviation Administration (FAA) certificates.
Section 2-2. Processing; denial.
The Airport Manager, in accordance with these Minimum Operating Standards, shall be
responsible for processing an application for an Aeronautical Business Permit. The Airport
Manager may deny any application if the Airport Manager determines that:
(a) The applicant does not meet the qualifications and standards set forth in the Auburn City
Code, the Rules and Regulations, or these Minimum Operating Standards;
(b) The proposed activities are likely to create a safety hazard at the airport;
(c) The activities will require the City to expend funds, or to supply labor or materials as a result of
the applicant's activities, or will result in a financial loss to the airport;
(d) No appropriate space or land is available to accommodate the proposed activities;
(e) The proposed activities are not consistent with the airport's master plan and/or airport layout
plan;
(f) The proposed activities are likely to result in a congestion of aircraft or buildings, a reduction in
airport capacity, or an undue interference with airport operations or the operations of any existing
airport users at the airport;
(g) The applicant or any of its principals has knowingly made any false or misleading statements
in the course of applying for a lease, license, permit or agreement;
(h) The applicant or any of its principals has a record of violating the Auburn City Code, the Rules
and Regulations, these Minimum Operating Standards, federal aviation regulations or any other
applicable laws, ordinances, rules or regulations;
(i) The applicant does not have the technical capabilities or experience or financial resources to
properly conduct the proposed activities;
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Minimum Operating Standards
Q) The applicant has not submitted appropriate documentation supporting the proposed activity as
outlined in section 2-1.
Section 2-3. Appeal process.
The applicant shall have the ability to appeal the denial of an application by the Airport Manager,
subject to the following provisions:
(a) Providing written notice of appeal to the Airport Manager within ten (10) days of said denial.
(b) The notice of appeal will be forwarded to the Airport Supervisor for review.
(c) Applicant shall be notified in writing of the date of the scheduled appeal review.
(d) Applicant shall be present at the appeal review to justify the applicant's application. If applicant
is not present, the Airport Manager's denial shall remain unchanged.
(e) The Airport Supervisor shall take comments from the applicant and the Airport Manager.
(f) The Airport Supervisor shall render its decision in writing within ten (10) calendar days of the
conclusion of the appeal and the decision shall be final as to the denial or approval of the
application.
ARTICLE 3 GENERAL CONTRACTUAL PROVISIONS
Section 3-1. General provisions.
Except as otherwise provided in the Auburn City Code, all leases, licenses, permits or agreements
with the City which affect the airport are subject to the following provisions:
(a) Rights to engage in specific activities at the airport are non-exclusive.
(b) Defense and indemnification of the City and its elected or appointed officials, officers,
representatives, directors, commissioners, agents and employees from and against all damages,
claims, suits, actions, losses and expenses (including court costs and reasonable attorney's fees)
for personal injury or death or for property damage or loss arising out of the use of the airport;
(c) A termination clause allowing the City to terminate the commercial airport operator's lease,
license, permit or agreement no later than thirty (30) days after notice of default is given to the
commercial airport operator if the commercial airport operator fails to cure its default within the
thirty (30) day period, and allowing the City to terminate the lease, license, permit or agreement
immediately if the commercial airport operator fails to maintain the required insurance.
(d) No improvements or modifications to airport property without the prior written consent of the
City and without posting appropriate payment and performance bonds. Before commencing any
improvements or modifications, the commercial airport operator shall submit detailed construction
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Minimum Operating Standards
plans and specifications to the City. Upon completion of the construction, the commercial airport
operator shall provide the City with two (2) complete sets of detailed plans and specifications of
the work as completed. All improvements or modifications made to airport property shall become
the property of the City, at no cost to the City, upon termination of the commercial airport
operator's lease, license, permit or agreement.
(e) No lease, license, permit, agreement, or any rights thereunder, shall be assigned without the
prior written consent of the City. The airport director may require any potential assignee to submit
biographical and financial information at least thirty (30) days prior to a proposed assignment.
(f) All FAA required provisions.
ARTICLE 4 INSURANCE
Section 4-1. General insurance requirements.
Except as otherwise provided in article 6 or article 7, each commercial airport operator shall at all
times maintain in effect the following types and minimum amounts of insurance as applicable to
the business to be conducted:
(a) Commercial General Liability insurance in the amount of $1,000,000 per occurrence and
$1,000,000 annual aggregate. Such insurance shall contain contractual liability insurance covering
applicable leases, licenses, permits, or agreements.
(b) Commercial/business automobile liability insurance for all owned, non-owned and hired
vehicles assigned to or used in performance of commercial aeronautical activities in the amount of
a least $300,000 per occurrence. If any hazardous material, as defined by any local, state or
federal authority, is the subject, or transported, in the performance of this contract, an
endorsement is required providing $1,000,000 per occurrence limits of liability for bodily injury and
property damage.
(c) Special Causes of Loss Property Form covering all improvements and fixtures on the
commercial airport operator's premises in an amount not less then the full replacement cost
thereof, to the extent of the commercial airport operator's insurable interest in the premises.
(d) Worker's compensation insurance as required by law and employers liability insurance in the
amount of$100,000 per accident, $100,000 disease per person, $500,000 disease policy limit.
(e) Aircraft liability insurance in the amount of at least $1,000,000 per occurrence single limit
Bodily Injury and Property Damage Liability including Passengers.
(f) Hangar keeper's liability insurance in the amount of at least $1,000,000 per occurrence, or
more as values require.
(g) Products-completed operations liability insurance in the amount of at least $1,000,000 per
occurrence.
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(h) If applicable, Lessee shall maintain Environmental Impairment Liability coverage for any
underground or aboveground fuel storage facility, tank, underground or aboveground piping,
ancillary equipment, containment system or structure used, controlled, constructed or maintained
by Lessee in the amount of $1,000,000 Each Incident, $2,000,000 Aggregate. The policy shall
cover on-site and off-site third party bodily injury and property damage including expenses for
defense, corrective action for storage tank releases and tank clean-up for storage tank releases.
(i) All insurance policies cited herein shall contain a waiver of subrogation rights endorsement with
respect to the City.
Section 4-2. Additional insurance required by City's risk management director.
In addition to the types and amounts of insurance required by section 4-1, each commercial
airport operator shall at all times maintain such other insurance as the City's risk management
director may reasonably determine to be necessary for such commercial airport operator's
activities.
Section 4-3. Form; acceptance by City.
All insurance shall be in a form and from an insurance company with a Best's financial rating of at
least B ++. All policies, except worker's compensation policy, shall name the City and its elected
or appointed officials, officers, representatives, directors, commissioners, agents and employees
as "Additional Insured," and the commercial airport operator shall furnish certificate of insurances
evidencing the required coverage cited herein prior to engaging in any commercial aeronautical
activities. Such certificates shall provide for unequivocal thirty (30) day notice of cancellation or
material change of any policy limits or conditions.
ARTICLE 5 GENERAL OPERATIONAL REQUIREMENTS
Section 5-1. Airport Rules and Regulations.
Each commercial airport operator shall abide by the Auburn City Code, Rules and Regulations
and any other documents established by the City for the safe, orderly and efficient operation of the
airport.
Section 5-2. Taxiway access.
If not already provided, each commercial airport operator conducting aeronautical activities shall
provide paved access from its leased premises to the airport's taxi-way/taxilane/apron system.
Such access shall meet all applicable FAA standards for the largest aircraft type anticipated to use
the commercial airport operator's premises.
Section 5-3. Right-of-entry reserved.
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The City reserves the right at all reasonable times to enter upon each commercial airport
operator's premises for any lawful purpose, provided that such entry does not unreasonably
interfere with the commercial airport operator's use of the premises.
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Section 5-4. Rates and charges.
Each commercial airport operator may determine the rates and charges for all of its activities and
services, provided that such rates and charges shall be reasonable and fairly applied to all of the
commercial airport operator's customers.
Section 5-5. Personnel, subtenants and invitees; control and demeanor.
Each commercial airport operator shall employ a sufficient number of trained, on-duty personnel to
provide for the efficient, safe, orderly and proper compliance with its obligations under its lease,
license, permit or agreement. Each commercial airport operator shall control the conduct and
demeanor of its personnel, subtenants, licensees and invitees and, upon objection by the City
concerning the conduct or demeanor of any such person, the commercial airport operator shall
immediately take all lawful steps necessary to remove the cause of the objection. Each
commercial airport operator shall conduct its operations in a safe, orderly, efficient and proper
manner so as not to unreasonably disturb, endanger or be offensive to others.
Section 5-6. Interference with utilities and systems.
No commercial airport operator shall do or permit to be done anything that may interfere with the
effectiveness or accessibility of any public utility system, drainage system, sewer system, fire
protection system, sprinkler system, alarm system or fire hydrant and hoses.
Section 5-7. Fire equipment.
Each commercial airport operator shall supply and maintain such adequate and readily accessible
fire extinguishers and equipment as may be required by law and/or the Valley Regional Fire
Authority.
Section 5-8. Vehicle identification
Any vehicle used in the airside area must bear identification designating the commercial airport
operator to whom the vehicle is assigned. Letters shall be a minimum of three (3) inches in height
on a contrasting background and displayed in a manner that is acceptable to the Airport Manager.
Section 5-9. Indemnification.
To the fullest extent permitted by law, any person accessing or using the airport or any of its
facilities, and the person's successors, assigns and guarantors, shall indemnify, defend, pay and
hold the City, its agents, employees, officials, directors, officers, commissioners and
representatives harmless from and against all claims, demands, charges, penalties, obligations,
fines, administrative and judicial actions or proceedings, suits, liabilities, judgments, damages,
losses, costs and expenses of any kind or nature (including, but not limited to, attorney fees and
expenses, expert witness and consultant fees and expenses, arbitration fees, court costs and the
cost of appellate proceedings) arising from said access or use, or from any other act or omission
of said person (and its employees, agents or anyone for whose acts or omissions said person may
be liable) including, without limitation, the discharge of any duties or the exercise of any rights or
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privileges pursuant to this chapter or any regulations or Minimum Operating Standards
promulgated hereunder. This section applies, without limitation, to claims of personal injury, bodily
injury, sickness, disease or death, and to claims of property damage (including City property),
destruction or other impairment of every description (including, without limitation, loss of use), and
to claims of environmental property damage (including, without limitation, cleanup, response,
removal and remediation costs).
ARTICLE 6 FIXED BASE OPERATORS
Section 6-1. Statement of concept.
A fixed base operator means a person engaged in a wide range of commercial aeronautical
activities on airport property including, at a minimum, the following:
(a) Aircraft fueling and lubrication;
(b) Aircraft line services;
(c) Major aircraft maintenance and repair services;
(d) Aircraft storage, parking, and tiedown;
(e) Retail sale of aircraft parts and accessories; and
(f) Provision of customary facilities, amenities, and ancillary services to general aviation users
including, at a minimum, the following: public restrooms, public telephones, passenger waiting
areas/lounges, conference rooms, crew-member lounges, and weather briefing/flight planning
services.
A fixed base operator shall comply with all of the standards and requirements contained in this
article. In addition, a fixed base operator may engage in any general aviation specialty service
activity identified in article 7 (and which is not already specifically required by this section) upon
meeting all standards identified for the specific activity, with the exception of those standards
related to minimum required office space.
Section 6-2. Land and facility requirements.
(a) Land: Three (3) acres of contiguous airport property.
(b) Apron: At least 60,000 square feet of either airport property or tenant developed (not including
any building area, automobile parking area, and fuel storage area) to support aircraft operations.
This area shall accommodate the following:
1. Airplane Design Group I aircraft (wingspans up to 49' feet);
2. Transient aircraft parking for 5 aircraft;
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3. Circulation taxilanes to facilitate access to/from aircraft parking and staging areas;
and
4. Adequate area to simultaneously accommodate transient aircraft operations, towing
of aircraft to/from storage hangars, and staging of based aircraft.
(c) Executive Terminal Building: 7500 square feet with a minimum of 2000 square feet dedicated
to customer service and support functions.
(d) Hangar Space: 7500 square feet with 4500 square feet dedicated to aircraft storage and 3000
square feet dedicated to aircraft maintenance and repair.
(e) Shop: 3,000 square feet of shop space to support aircraft maintenance and repair activities,
including the storage of parts and accessories.
Section 6-3. Hours of operation.
Unless otherwise agreed to in writing by the airport director, a fixed base operator shall provide
aircraft fueling and line services seven (7) days per week, from 8:00 a.m. to 6:00 p.m., and shall
keep the fixed base operation open for aircraft maintenance and repair at least eight (8) hours per
day, five (5) days per week. The fixed base operator shall also be on-call twenty-four (24) hours
per day with after hours response times of one (1) hour or less.
Section 6-4. Subcontracting services; restrictions.
A fixed base operator may not subcontract any of the activities identified in section 6-1 except for
major aircraft maintenance and repair services and the retail sale of aircraft parts and accessories.
If the activity is not identified in section 6-1, a fixed base operator may subcontract any activities
described in article 7, provided that such subcontractor meets the requirements in article 7 and
operates from the fixed base operator's premises and in such areas as are approved by the
airport director.
Section 6-5. Minimum requirements of FBO services.
(a) Aviation fueling.
1. A fixed base operator shall comply with the National Fire Protection Association's
codes and standards, as amended, FAA Advisory Circular 150/5230-4, as amended, all
requirements of the Rules and Regulations, and all other applicable laws related to
aircraft fuel handling, dispensing and storage.
2. A fixed base operator shall construct (or install) and maintain an on-airport above or
below ground fuel storage facility in a location approved by the airport director. The fuel
storage facility shall have total capacity for three days supply of aviation fuel for aircraft
being serviced by the fixed base operator. In no event shall the total storage capacity be
less than:
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• 10,000 gallons for Jet fuel storage
• 8,000 gallons for Avgas storage; and
A fixed base operator shall demonstrate the capability to expand fuel storage capacity
within a reasonable time period.
3. A fixed base operator shall not construct or modify any fuel storage or distribution
facilities without the written consent of the City and without complying with all City safety
standards. The City may inspect such facilities periodically to ensure compliance with all
standards.
4. A fixed base operator shall provide dispensing equipment sufficient to serve the
needs of the aircraft normally frequenting the airport, including the provision of at least
one Jet fuel refueling vehicles and one Avgas refueling vehicle or a vehicle capable of
providing both products from a single vehicle. Jet fuel refueling vehicles shall have over-
the-wing fueling capabilities and minimum capacity of 2,000 gallons. Avgas refueling
vehicles shall have minimum capacity of 750 gallons. All equipment must be approved
by the airport director and shall meet all City safety standards. The metering devices
shall be annually inspected, checked and certified by appropriate state and local
agencies. The City may inspect such equipment periodically to ensure compliance with
all standards.
5. A fixed base operator shall require all of its fuel-handling personnel to attend training
courses, obtain a fuel handler's permit, and receive periodic refresher training as
required by the Airport Manager and Regional Valley Fire Authority. A fixed base
operator shall develop a standard operating procedure for aviation fueling activities and
provide a current copy of the same to the airport director. The City and FAA may
periodically conduct inspections of the fixed base operator's activities and personnel to
ensure adherence to safe practices.
(b) Aircraft line services.
1. A fixed base operator shall employ and have on-duty during required hours of
operation at least one properly trained and qualified employee capable of providing
aircraft fueling, aircraft parking, and ancillary aircraft ground services and related
customer services and support.
2. A fixed base operator shall have and maintain the equipment that is required to safely
and efficiently move (tow) the aircraft normally frequenting the airport, including a tug
and tow bars with rated draw bar pull sufficient for such aircraft.
3. A fixed base operator shall maintain tools, jacks, tugs, tire repair equipment, ground
power units, emergency starting equipment, portable compressed air tanks, fire
extinguishers, chocks, ropes and tiedown supplies as are necessary for the servicing of
aircraft types expected to use the airport.
(c) Major aircraft maintenance and repair services.
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1. A fixed base operator shall provide major airframe, engine and accessory overhaul
repair services for piston, turboprop, and turbine aircraft.
2. Provide sufficient shop space, equipment, supplies and availability of parts equivalent
to that required for certification by the FAA as an approved repair station.
3. Either: (1) employ and have on-duty during normal business hours at least one
person who is currently certified by the FAA with ratings appropriate to the work being
performed and holds an airframe, power plant, or aircraft inspector rating; or (2)
maintain a current FAR Part 145 Certificate.
(d) Aircraft storage, parking and tiedown.
1. A fixed base operator shall lease, rent or license aircraft storage, parking and tiedown
facilities to aircraft owners or operators solely for aircraft storage, parking and tiedown
purposes.
2. All transient aircraft customers shall be identified with chalks indicating the fixed base
operator name or abbreviation.
(e) Sale of aircraft parts and accessories.
1. A fixed base operator shall provide retail sales of aircraft parts and accessories as are
necessary for the servicing of aircraft types expected to use the airport.
Section 6-6. Insurance.
A fixed base operator shall maintain the applicable types and amounts of insurance required by
article 4, except that the operator shall at all times maintain commercial general liability insurance
in the amount of at least $1,000,000 per occurrence, $1,000,000 products-completed operations,
$1,000,000 hangar keepers, and $1,000,000 annual aggregate.
Section 6-7. Aeronautical business permit fee.
(a) Fixed base operators shall pay fees as prescribed by lease, license, permit or agreement. At a
minimum, said lease, license, permit or agreement shall include a monthly land rental payment
commensurate with market rates and the following Aeronautical Business Permit fees:
1. An airport fuel flowage fee, as identified in the airport rates and fees schedule, for fuel
dispensed during the calendar month just ended.
2. At the conclusion of each fiscal year ending June 30, fixed based operators shall
reconcile their records and shall, if the fees payable for services performed pursuant to
Article 7 of the Airport Minimum Operating Standards exceed the amount of fuel flowage
fees paid pursuant to section 6-7(a)(2) during the preceding fiscal year, pay the
difference between the two amounts to the airport on or before July 31 of each year.
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3. Seventy-Five (75) percent of the gross overnight tiedown fees unless the fixed base
operator's apron is considered part of its leasehold.
4. The above-indicated fees are not in lieu of any transaction privilege taxes or other
taxes.
(b) Fixed base operators shall not sublease, permit or allow any other person to operate as a
general aviation specialty service operator within the leased or permitted area, or conduct
any business venture which directly or indirectly relates to aeronautics or flight, without the
prior written approval of the City.
(c) All payments due the City shall be accompanied by forms prescribed by the City's accounting
office or the Airport Supervisor.
ARTICLE 7. GENERAL AVIATION SPECIALTY SERVICES
Section 7-1. Hangar leasing services.
A hangar leasing services operator means a person engaged in the business of leasing, renting or
licensing hangars to aircraft owners or operators solely for aircraft storage purposes. A hangar
leasing services operator may engage in the business of constructing and operating hangars to be
leased. A hangar leasing services operator shall comply with the following minimum standards:
(a) A hangar leasing services operator shall lease sufficient land to accommodate the proposed
number of hangars based on the following.
1. The FAA has established minimum standards for hangars for the storage of aircraft
as follows: 2,500 square feet for jet aircraft, 2,000 square feet for turboprop and twin
engine aircraft, and 1,000 square feet for single engine aircraft and helicopters.
2. Each hangar leasing services operator shall register with the airport director only as
many aircraft to be based at Auburn Municipal airport as can be stored within the
operator's hangar under the FAA guidelines in section 7-1(a)(1). Transient aircraft
storage is prohibited.
(b) The construction plans and specifications for any hangars to be constructed, including
minimum hangar sizes and architectural design plans, are subject to the written approval of the
City.
(c) A hangar leasing services operator leasing, renting or licensing hangars in its operations shall
maintain the types and amounts of insurance required by article 4 for any of its activities which
may be covered by such insurance.
(d) A hangar leasing services operator's hangars shall include at least one(1) indoor restrooms for
each twenty(20) hangar facilities for the use by operator's lessees, and appropriate office and
lounge areas for the operator's employees.
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(e) At a minimum, pay a Aeronautical Business Permit fee as set in the City of Auburn fee
schedule.
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Section 7-2. Aircraft sales services.
An aircraft sales services operator means a person engaged in the sale or brokerage of new
and/or used aircraft and shall:
(a) Lease from a bona fide airport tenant or the City a minimum of 100 square feet of office space.
(b) If conducting sales services, maintain an approved Aircraft Dealers Certificate from the State
of Washington.
(c) At all times maintain in effect the types and minimum amounts of insurance specified in article
4, for any of its activities at the airport which may be covered by such insurance.
(d) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an operator, in
addition to paying a monthly land rental payment commensurate with market rates, shall pay the
greater of twenty-five dollars ($25.00) per month or a monthly aeronautical business permit fee of
one-hundred dollars ($100.00) for the sale of a single engine piston aircraft and/or single rotor
piston helicopter, two-hundred dollars ($200.00) for the sale of a twin engine piston aircraft and/or
twin rotor piston helicopter, and three-hundred dollars ($300.00) for the sale of a turboprop and
turbine powered aircraft and/or helicopter. These monthly Aeronautical Business Permit fees are
applicable to all aircraft sales.
Section 7-3. Aircraft maintenance and repair services.
An aircraft maintenance and repair services operator means a person providing one or more of
the following services: airframe, engine or accessory overhaul; repair services on aircraft,
including aircraft and helicopters; and sales of aircraft parts and accessories. An aircraft
maintenance and repair services operator shall:
(a) Lease sufficient land to accommodate the proposed operations.
(b) Provide office space, hangar facilities, a paved aircraft parking apron, an adequate number of
paved automobile parking spaces for its customers, a public lounge and waiting room and public
restrooms on its premises.
(c) Provide sufficient shop space, equipment, supplies and availability of parts equivalent to that
required for certification by the FAA as an approved repair station.
(d) Either: (1) employ and have on-duty during normal business hours at least one person who is
currently certified by the FAA with ratings appropriate to the work being performed and who holds
an airframe, power plant, or aircraft inspector rating; or (2) maintain a current FAR Part 145
Certificate.
(e) Not conduct major maintenance, repair operations, or business activities at any time inside
hangars or other structures not designed for such function. Specific lease agreement and/or City
fire codes shall determine what hangars or other structures shall be approved for major
maintenance activities.
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(f) At all times maintain in effect the types and minimum amounts of insurance specified in article
4, for any of its activities at the airport which may be covered by such insurance, except that the
operator shall at all times maintain commercial general liability insurance in the amount of at least
$1,000,000 per occurrence, $1,000,000 products-completed operations, and $1,000,000 annual
aggregate.
(g) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an operator, in
addition to paying a monthly land rental payment commensurate with market rates, shall pay the
greater of twenty-five dollars ($25.00) per month. or a monthly Aeronautical Business Permit fee.
Section 7-4. Aircraft leasing or rental services.
An aircraft leasing or rental services operator means a person engaged in the leasing or rental of
aircraft to the public. An aircraft leasing or rental services operator shall:
(a) Lease from a bona fide airport tenant or the City a minimum of 100 square feet of office space.
(b) Employ and have on-duty during normal business hours at least one person.
(c) At all times maintain in effect the types and minimum amounts of insurance specified in article
4, for any of its activities at the airport which may be covered by such insurance.
(d) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an operator, in
addition to paying a monthly land rental payment commensurate with market rates, shall pay the
greater of twenty-five dollars ($25.00) per month or a monthly Aeronautical Business Permit fee.
Section 7-5. Flight training services.
A flight training services operator means a person engaged in instructing pilots in dual and solo
flight training, in fixed-wing and/or rotary-wing aircraft, and providing such related ground school
instruction as is necessary to take a written examination and flight check ride for the categories of
pilot's licenses and ratings involved. A flight training services operator shall:
(a) Lease from a bona fide airport tenant or the City a minimum of 100 square feet of office space.
(b) Provide adequate classroom facilities for the amount and type of training involved.
(c) Employ and have on-duty during normal business hours at least one instructor who is currently
certified by the FAA to provide the type of training offered.
(d) At all times maintain in effect the types and minimum amounts of insurance specified in article
4, for any of its activities at the airport which may be covered by such insurance.
(e) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an operator, in
addition to paying a monthly land rental payment commensurate with market rates, shall pay the
greater of twenty-five dollars ($25.00) per month or a monthly Aeronautical Business Permit fee.
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Section 7-6. Specialized aircraft repair services.
A specialized aircraft repair services operator means a person engaged in the business of
repairing aircraft radios, avionics, instruments, propellers, accessories, upholstery, painting and/or
similar aircraft components. A specialized aircraft repair services operator sells new or used parts
and components necessary for such repairs. A specialized aircraft repair services operator shall:
(a) Lease sufficient land to accommodate the proposed operations.
(b) Provide hangar facilities, a paved aircraft parking apron, an adequate number of paved
automobile parking spaces for its customers, a public lounge and waiting room and public
restrooms on its premises.
(c) Employ and have on-duty during normal business at least one person who is currently certified
by the FAA with ratings appropriate to the services offered.
(d) Not conduct maintenance or repair operations or business activities at any time inside hangars
or other structures not designed for such functions. Specific lease agreements and/or City fire
codes shall determine what hangars or other structures shall be approved for major maintenance
activities.
(e) At all times maintain in effect the types and minimum amounts of insurance specified in article
4, for any of its activities at the airport which may be covered by such insurance, except that the
operator shall at all times maintain commercial general liability insurance in the amount of at least
$1,000,000 per occurrence, $1,000,000 products-completed operations, and $1,000,000 annual
aggregate.
(f) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an operator, in
addition to paying a monthly land rental payment commensurate with market rates, shall pay the
greater of twenty-five dollars ($25.00) per month or a monthly Aeronautical Business Permit fee.
Section 7-7. Aircraft charter services.
An aircraft charter services operator means a person engaged in the business of providing air
transportation of persons or property to the general public for hire, either on a charter basis or as
defined by the FAA under Part 135. Aircraft charter services may include the performance of
aircraft management services as defined in these Minimum Operating Standards, as long as all
requirements of such services are met. An aircraft charter services operator shall:
(a) Lease from a bona fide airport tenant or the City a minimum of 100 square feet of office space.
(b) Employ and have on-duty during normal business hours at least one person who holds current
FAA commercial pilot and medical certificates and ratings appropriate for the operator's flight
activities. All flight crews shall be properly rated for the aircraft operated, and the operator shall
provide reasonable assurance of the continued availability of qualified operating crews.
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(c) Own or lease exclusively by written agreement aircraft currently certified and continuously
airworthy. All aircraft shall meet the requirements of the FAA certificate held by the aircraft charter
service operator.
(d) Have and provide the City with, a current FAR Part 135 Certificate or provisional FAR Part 135
Certificate, as well as the aircraft identification page from the operating specifications listing all
aircraft on the certificate.
(e) At all times maintain in effect the types and minimum amounts of insurance specified in article
4, for any of its activities at the airport which may be covered by such insurance.
(f) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an operator, in
addition to paying a monthly land rental commensurate with market rates, shall pay a monthly
Aeronautical Business Permit fee of one or more of the following:
1. A monthly permit fee of one-hundred dollars ($100.00) for the operation of one or
more piston-engine aircraft less than 12,500 pounds certificated maximum takeoff
weight; and
2. A monthly permit fee of one-hundred and fifty dollars ($150.00) for the operation of
each turbine/jet aircraft less than 12,500 pounds certificated maximum takeoff weight.
Section 7-8. Specialized commercial flying services.
A specialized commercial flying services operator means a person engaged in air transportation
for hire for any of the following purposes: nonstop sightseeing flights that begin and end at the
airport, aerial photography or survey, powerline or pipeline patrol, firefighting or fire patrol,
airborne mineral exploration, or any other operations specifically excluded from FAR Part 135. A
specialized commercial flying services operator shall:
(a) Lease from a bona fide airport tenant or the City a minimum of 100 square feet of office space.
(b) Employ and have on-duty during normal business hours at least one person who holds current
commercial pilot and medical certificates with appropriate ratings for the aircraft to be flown.
(c) At all times maintain in effect the types and minimum amounts of insurance specified in article
4, for any of its activities at the airport which may be covered by such insurance.
(d) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an operator, in
addition to paying a monthly land rental payment commensurate with market rates, shall pay the
greater of twenty-five dollars ($25.00) per month or a monthly Aeronautical Business Permit fee.
Section 7-9. Aircraft management services.
An aircraft management services operator means a person performing one or more of the
following services in the management of another person's aircraft: pilot staffing, records
management, and other aircraft-related services not including services detailed in any other
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sections contained herein. Aircraft management also encompasses the exercise of the privilege of
FAR Part 91.501 on behalf of the owner. Aircraft management does not include the control of or
operation of aircraft under FAR Part 135. An aircraft management services operator shall:
(a) Lease from a bona fide airport tenant or the City a minimum of 100 square feet of office space.
(b) At all times maintain in effect the types and minimum amounts of insurance specified in article
4, for any of its activities at the airport which may be covered by such insurance.
(c) Pay fees as prescribed by lease, license, permit or agreement. At a minimum an operator, in
addition to paying a monthly land rental payment commensurate with market rates, shall pay a
monthly Aeronautical Business Permit fee of one or more of the following:
1. A monthly permit fee of one-hundred dollars ($100.00) for the management of one or
more piston-engine aircraft less than 12,500 pounds certificated maximum takeoff
weight; and
2. A monthly permit fee of one-hundred and fifty dollars ($150.00) for the management
of each turbine/jet aircraft less than 12,500 pounds certificated maximum takeoff weight.
Section 7-10. Mobile aircraft washing services.
Mobile aircraft washing services operators engage in the cleaning, detailing and/or washing of
aircraft either for the general public or for individual businesses. Aircraft washing is restricted to
designated wash rack/pad areas and/or other areas permitted under an Approved Washing Plan
(AWP) and shall be performed in accordance with Section 2-11 of the Airport Rules and
Regulations. Operators providing mobile aircraft washing services shall meet the following
standards:
(a) Submit and receive approval of an aircraft washing plan that contains the following information:
1. Name of individual/company conducting washing services, contact name and phone
number.
2. A detailed description of washing method/operation, including the following details:
a) Wash water containment method(s), (ramp scrubber, berms, tarps, containment
boom, dry, etc.),
b) An estimate of the amount of water used per wash and frequency of operation,
c) Name and amount of chemical(s) used per wash, And
d) If "dry" washing or waxing/coating operations are conducted, provide affirmation
that tarps, vacuum system and/or sweeping will be used to collect residual material
for its proper disposal and to protect the ramp (if applicable). Operators must
properly dispose of"dry" wash materials and/or residual waste.
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e) Material Safety Data Sheets (MSDS) for all chemicals to be used.
3. If washing is conducted outside of designated wash rack/pad, indicate the method of
disposal of retrieved wash/waste water. If water is to be disposed of on airport property
the following steps shall be taken:
a) Disposal of wash/waste water shall be done through an oil/water interceptor into
the sanitary sewer system. At no time is wash/waste water to be disposed of in
storm water drainage or dirt/grass areas.
b) Approval for the discharge of wash/waste water on airport property shall be
obtained from the Airport Supervisor. An approval letter shall be included in the
AWP, and be accessible on-demand each time disposal is conducted on airport
property.
(b) A copy of the AWP shall be on wash site at all times while aircraft washing activities are
performed, and shall be accessible to the airport director on-demand.
(c) The aircraft washing services operator shall maintain a complete list of
individuals/companies contracting for washing services and all aircraft washed during each
month, including the date that service was provided, aircraft owner (if available), FAA
registration number, and make and model of aircraft for a period of six (6) months. The list
shall be made available to the Airport Manager upon request.
(d) A mobile aircraft washing services operator shall at all times maintain in effect the types
and minimum amounts of insurance, and contain provisions cited herein for any of its
activities at the airport that may be covered by such insurance specified in section 4.
(e) The operator shall pay fees as prescribed by lease, license, permit or agreement. At a
minimum an operator shall pay the greater of twenty-five dollars ($25.00) per month or a
monthly Aeronautical Business Permit fee.
Section 7-11. Mobile aircraft maintenance and repair services.
A mobile aircraft maintenance and repair services operator means a person providing one or more
of the following services at the aircraft based location or within a designated aircraft maintenance
areas on the airport: airframe, engine or accessory overhaul; repair services on aircraft; and sales
of aircraft parts and accessories. A mobile aircraft maintenance and repair services operator shall:
(a) Either: (1) employ at least one person who is currently certified by the FAA with ratings
appropriate to the work being performed and who holds an airframe, power plant, or aircraft
inspector rating; or (2) maintain a current FAR Part 145 Certificate.
(b) Only conduct aircraft maintenance and repair services on piston aircraft weighing less than
12,500 pounds certificated maximum takeoff weight.
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Municipal Airport PAGE
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Minimum Operating Standards
(c) Not conduct major aircraft alterations or repairs or business activities at any time inside
hangars or other structures not designed for such function. Specific lease agreement and/or City
fire codes shall determine what hangars or other structures shall be approved for major aircraft
alterations or repairs.
(d) At all times maintain in effect the types and minimum amounts of insurance specified in article
4, for any of its activities at the airport that may be covered by such insurance.
(e) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an operator
shall pay the greater of twenty-five dollars ($25.00) per month or a monthly Aeronautical Business
Permit fee.
Section 7-12. On-Airport rental car concession services.
An on-airport rental car concession services operator means a person providing rental car
services at the airport. An on-airport rental car concession services operator shall:
(a) Lease from the City a minimum of 100 square feet of office space at the airport.
(b) At all times maintain in effect the types and minimum amounts of insurance specified in article
4, for any of its activities at the airport that may be covered by such insurance.
(c) Employ and have on duty at the airport at least one person during normal business hours.
(d) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an operator
located on airport shall pay the greater of Five Hundred dollars ($500.00) per month or a monthly
aeronautical business permit fee of five (5) percent of gross income from the operator's sales of all
services. Automobiles are considered rented at Auburn Municipal Airport (and, therefore included
in gross income) if:
1. The automobile is delivered to the customer at the airport; or
2. The rental agreement is entered into at the airport even though the automobile is
delivered elsewhere; or
3. The automobile was reserved in advance at the airport.
4. A vehicle rented at the airport is exchanged for another vehicle at any location within
twenty-five (25) miles of the Auburn Municipal Airport for a time period running
consecutively with the original rental agreement.
Section 7-13. Off-Airport rental car concession services (Reserved).
Section 7-14. Off-Airport catering services.
An off-airport catering services operator means a person providing catering services at the airport,
and whose primary offices are located off-airport. An off-airport catering services operator shall:
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Minimum Operating Standards 100-81
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Minimum Operating Standards 100-81
Section 7-15. Charter Brokerage Services.
A charter brokerage services operator means a person brokering another person's aircraft for use
in charter operation or filling seats in an aircraft for purposes of charter operation. Charter
brokerage service does not include the control or operation of aircraft under FAR Part 135. A
charter brokerage services operator shall:
(a) At all times maintain in effect the types and minimum amounts of insurance specified in article
4, for any of its activities at the airport which may be covered by such insurance.
(b) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an operator
shall pay a monthly aeronautical business permit fee of $1.00/1,000 lbs maximum certificated
takeoff weight of all aircraft arriving or departing the airport in conjunction with this service.
EXHIBIT C
AIRPORT FUTURE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF AUBURN AND CLASSIC HELICOPTERS
THIS AGREEMENT is entered into by the City of Auburn ("CITY") and Classic
Helicopters ("CLASSIC") and is intended to be a companion and mutually executed instrument
to the standard lease agreement for business use and occupancy at the Auburn Municipal Airport
between the CITY and CLASSIC.
WHEREAS, CLASSIC is a current business engaged in helicopter tours, charters, sales
and leasing that operates out of Boeing Field; and,
WHEREAS, CLASSIC previously approached the CITY regarding the relocation of its
business operations to the Auburn Municipal Airport; and,
WHEREAS, on April 18, 2016, the Auburn City Council approved Resolution No. 5227
that authorized the Mayor to negotiate and execute a formal lease agreement that substantially
meets the terms contained within the term sheet attached to the Resolution; and,
WHEREAS, the Auburn City Council's approval of Resolution No. 5227 was premised
on the execution of a companion agreement to the lease agreement addressing CLASSIC's intent
to develop or otherwise relocate to permanent business facilities for its operation at the Auburn
Municipal Airport; and,
WHEREAS, this lease upon mutual execution will authorize CLASSIC's rental of office
space at the Airport Management Office and the rental of airport surface area for the installation
of a temporary hangar building and associated ramp space; and,
WHEREAS, CLASSIC has indicated its interest in development of a permanent office
and hangar building using one of the following options:
1. Locate and develop a company owned permanent facility on one of the development
sites specified in the Airport Layout Plan contained within the current Federal
Aviation Administration (FAA) approved Airport Master Plan for the Auburn
Municipal Airport; or
2. Locate a permanent facility in a structure built in part or in whole at the Airport by
others on one of the development sites specified in the Airport Layout Plan; or
3. Purchase an existing structure at the Airport for its permanent facility.
WHEREAS, CLASSIC has advised the CITY that it will require thirty-six (36) months
from the date of mutual lease execution to develop said permanent office and hangar space
during which time it would occupy the spaces specified in the lease agreement; and,
WHEREAS, the CITY desires to have CLASSIC to locate said permanent office and
hangar space at Auburn Municipal Airport and further desires that substantive progress is
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demonstrated during the aforementioned thirty-six (36) month period inclusive of the completion
of key milestone actions; and,
WHEREAS, CLASSIC desires and intends to demonstrate substantive progress to the
CITY during the aforementioned thirty-six (36) month period; and
WHEREAS, CLASSIC needs flexibility and reasonable time to evaluate and implement
the most business appropriate and cost efficient option for permanent relocation and/or
development; and
WHEREAS, the CITY desires to work with CLASSIC to accommodate its development
needs to the extent it can do so within its municipal authority.
NOW THEREFORE, IT IS HEREBY AGREED by the parties as follows:
CLASSIC shall proceed in good faith towards the financing, design, construction and
occupancy of permanent office and hangar space at the Auburn Municipal Airport full
accordance with the following performance measures and timelines:
SECTION I. Performance Measures and Timeframes
Performance Measure No. 1: Prepare and submit by June 30, 2017 a pre-application
conference application to the CITY for the location and development of permanent office and
hangar space at the Auburn Municipal Airport. If, however, CLASSIC determines to either: a)
locate in a structure built in part or in whole by others on one of the development sites specified
in the Airport Layout Plan or b) to purchase an existing structure for its permanent facility, then
CLASSIC shall by June 30, 2017 submit to the City's specified contact a signed and dated Letter
of Intent specifying its intent to do one of the preceding actions. If this Letter of Intent is
submitted, a pre-application conference application submittal shall not be required.
Performance Measure No. 2: If CLASSIC determines to locate and develop permanent
office and hangar space at the Auburn Municipal Airport and/or if it determines to locate in a
structure built in part or in whole by others on one of the development sites specified in the
Airport Layout Plan or to purchase an existing structure for its permanent facility and either of
these decisions require improvements to the exterior or interior of buildings or associated
parking and landscaping areas, CLASSIC shall no later than January 31, 2018 prepare and
submit all required and applicable building, land use, environmental and civil applications of and
all required written studies, documentation and to-scale plans and drawings prepared by licensed
professionals in the State of Washington, as appropriate.
Performance Measure No. 3: If CLASSIC determines to locate and develop permanent
office and hangar space at the Auburn Municipal Airport and/or if it determines to locate in a
structure built in part or in whole by others on one of the development sites specified in the
Airport Layout Plan or to purchase an existing structure for its permanent facility and either of
these decisions require improvements to the exterior or interior of buildings or associated
parking and landscaping areas, CLASSIC shall no later than September 30 2018, complete all
2
required and applicable building, land use, environmental and civil application reviews with the
CITY.
Performance Measure No. 4: CLASSIC shall no later than December 31, 2018 award
any and all relevant and applicable construction contract(s) related to one of the options for
permanent office and hangar space specified herein.
Performance Measure No. 5: CLASSIC shall no later than March 31, 2019 commence
construction for any and all relevant and applicable construction related to one of the options for
permanent office and hangar space specified herein.
Performance Measure No. 6: CLASSIC shall no later than October 31, 2019 complete
any and all relevant and applicable construction related to one of the options for permanent
office and hangar space specified herein, provided, that upon mutual coordination and evidence
of good faith effort, the CITY may extend this timeframe to a later date.
Performance Measure No. 6: CLASSIC shall no later than December 31, 2019 obtain
final occupancy authorization and occupy one of the options for permanent office and hangar
space specified herein, , provided, that upon mutual coordination and evidence of good faith
effort, the CITY may extend this timeframe to a later date.
SECTION II. CITY Performance
In recognition of the CITY's interest of having a permanent hangar/office facility
constructed and operated by CLASSIC at the Auburn Municipal Airport, the CITY shall
endeavor to provide on-going and consistent high quality customer service to CLASSIC and
shall work with CLASSIC to assist CLASSIC in meeting its obligations as stated herein without
undue or intentional delays in activities or responsiveness by the CITY. The CITY shall meet
periodically with CLASSIC to monitor its development progress and advice CLASSIC of steps it
would recommend to accommodate future steps in CLASSIC's development, to accomplish the
purposes hereof. The City shall provide written information needed or requested by CLASSIC in
a timely manner as it proceeds to comply with the performance measures stated herein. The
CITY shall notify CLASSIC in a timely manner of changes in City policies, fees or business
practices pertaining to the Auburn Municipal Airport that could directly or indirectly impact
CLASSIC's ability to comply with the performance measures.
SECTION III. Default
Subject to extensions of time by mutual consent in writing, failure or delay by CLASSIC
to perform any term or provision of this Agreement shall constitute a default both of this
AGREEMENT and a breach of contract of the executed lease agreement for temporary use and
occupancy of space at the Auburn Municipal Airport that may lead to termination by the CITY
of said lease agreement. In the event of alleged default or breach of any terms or conditions of
this Agreement, the CITY shall provide CLASSIC not less than fifteen (15) calendar days'
notice in writing specifying the nature of the alleged default and the manner in which said default
may be cured. During this fifteen (15) calendar day notice period, CLASSIC shall not be
considered in default for purposes of termination or institution of legal proceedings.
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After notice and expiration of the fifteen (15) calendar day notice period if such default
has not been cured or is not being diligently cured in the manner set forth in the notice the CITY
may at its option institute legal proceedings pursuant to this Agreement.
SECTION IV. Recording
The Agreement shall be recorded with the Real Property Records Division of the King
County Records and Elections Department. The Agreement shall bind and inure to the benefit of
the parties and their successors in interest consistent with terms and timeframes stated herein.
SECTION V. Dispute Resolution
In the event of a dispute regarding the interpretation of this Agreement where there is not
already a procedure provided for in the Agreement each party will attempt to resolve the dispute.
If the Parties cannot resolve the dispute, any of the Parties may request mediation. The Parties
will agree on a mediator. If Parties cannot agree on a mediator within ten (10) calendar days of
any party requesting mediation each Party will choose a mediator and the two mediators will
choose a third to mediate the dispute. If mediation fails this matter shall be heard in the Superior
Court of King County Washington.
SECTION VI. Extensions
This Agreement and all terms, timeframes and conditions stated herein may only be extended
by the CITY.
SECTION VII. Termination
This Agreement shall terminate upon full completion of all Performance Measures.
SECTION VIII. Parties in Interest
This Agreement shall be binding upon and the benefits and obligations provided for herein
shall inure to and bind the parties hereto and their respective successors and assigns provided
that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by
this Agreement This Agreement is for the exclusive benefit of the parties hereto and it does not
create a contractual relationship with or exist for the benefit of any third party including
contractors subcontractors and their sureties.
SECTION IX. Costs to Prevailing Party (ies)
In the event of such litigation or other legal action to enforce any rights, responsibilities or
obligations under this Agreement, the prevailing party (ies) shall be entitled to receive its
reasonable costs and attorney's fees.
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SECTION X. Applicable Law
This Agreement and the rights of the parties hereunder shall be governed by and
interpreted in accordance with the laws of the State of Washington and venue for any action
hereunder shall be in King County Washington provided however that it is agreed and
understood that any applicable statute of limitation shall commence no later than the last day of
the date of termination as specified herein.
SECTION XI. Nondiscrimination
None of the Parties shall discriminate on the basis of any protected class as defined by
any state, federal or local ordinance including but not limited to race color national origin
disability age or sex in the performance of this Agreement.
SECTION XII. Captions, Headlines and Titles
All captions headings or titles in the paragraphs or sections of this Agreement are inserted
for convenience of reference only and shall not constitute a part of this Agreement or act as a
limitation of the scope of the particular paragraph or sections to which they apply. Terms not
specifically defined in this Agreement shall have the same definition as in the applicable section
of the Auburn City Code. As used herein, where appropriate, the singular shall include the plural
and vice versa and masculine, feminine and neuter expressions shall be interchangeable.
Interpretation or construction of this Agreement shall not be affected by any determination as to
who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement
of the parties.
SECTION XIII. Severable Provisions
Each provision of this Agreement is intended to be severable. If any provision hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this Agreement.
SECTION XIV. Entire Agreement
This Agreement contains the entire understanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all prior agreements and understandings
between the parties with respect to such subject matter.
SECTION XV. Authority to Sign
Signatories to this Agreement warrant and agree that they are duly authorized to sign the
Agreement on behalf of the CITY and CLASSIC.
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SECTION XVI. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be one
and the same Agreement and shall become effective when one or more counterparts have been
signed by each of the parties and delivered to the other parties.
[Signatures on next page]
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Dated and Signed this /0 day of /./h,,1,_ , 20A, .
CITY OF AUBURN:
ANCY B S
Mayor
TITLE
ATTEST: APP' : 'ED 0-40RM:
/ i I.
an elle E. Daskam, D' B. Heid,
City Clerk City Attorney
STATE OF WASHINGTON )
) ss.
County of h1 I, )
The undersigned Notary Public hereby certifies: That on this l VNday of ,
20 (( , personally appeared before me NCLA 1�z �2--- (name),
In' . (title), and
(name), (title), to me known to be the individual(s)
described in and who executed the within instrument, and acknowledged that hehithey signed
and sealed the same as his 010 heir free and vo untary ct and deed, for the purposes and uses
therein mentioned, and on oath stated that e/ {hey 6aS/were duly authorized to execute said
document on behalf of ( -�i,1 c ,(j,,Y1 .
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
jj i r
A j-
""+a Notary Public in an. i 'the State of Washington,
�w�S`OA�'O4P''� /! Residingat ✓t
i ,o` ,o Ry To >(1�' c tiles
o _ - My commission expires C�
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' i'usV:G • ,LO
/ r ii eb
Dated and Signed this L day of 4,1,v via , 20 ((.
CLASSIC HELICOPTER CORPORATION:
-4e d Aftsk.,
4111
F. Gregory Baker
Secretary/Treasurer
TITLE
STATE OF WASHINGTON )
) ss.
County of 11,crn G� )
The undersigned Notary Public hereby c rtifies: That on this ( day of ,
20/ , personally appeared before me ✓l.e (name),
e-1-e-a-4-• (title), and
(name), (title), to me known to be the individual(s)
described in and who executed the within instrument, and acknowledged that he/she/they signed
and sealed the same as his/here/their free and voluntary act and deed, for the purposes and uses
therein mentioned, and on oath stated t at he/she/they was/were duly authorized to execute said
document on behalf of .e.ertio .
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
,\\\\\\\‘‘‘‘IIII __.-1:(9411-4A_A__ 4, /hat-L.60
05104 ,� c�/iiz Notary Public in and for the State of Washington,
, �
A• . wfs.
S Residing at l,(,R""
%7A4 0,0„ig 02_ My commission expires `D - 1cl`
8