PUBLIC MEETING GRAND COUNTY AIRPORT BOARD REGULAR MEETING AGENDA
March 6th, 2017 5:00 P.M. County Council Chambers 125 E Center St Moab, UT 84532
A. Call to Order B. General Business 1. Approve minutes of 2/06/17 Airport Board meeting. 2. Airport Monthly Data. 3. Manager’s Report and Safety Report. C. Discussion and Consideration Items for Action. 1. Approval of a ground lease for a hangar by Redtail Air. 2. Approval of modification of ground lease location for Redtail Air fuel storage farm. 3. Approval of an office lease with Arinc for radio equipment. 4. Approval of a ground lease for a hangar by Martin Snow. D. Discussion Items 1. Ongoing CIB Terminal design group update. 2. Discussion of airport billboard lease terms. 3. Discussion of Rules and Regulations, and Minimum Standards to be sent to FAA for compliance review. 4. Discussion of a possible FBO building. 5. Future private and/or county-sponsored development projects of the airport (ongoing). E. Future Considerations F. Closed Session (if necessary) G. Adjourn Those with special needs requests wishing to attend Airport Board meetings are encouraged to contact the County two (2) days in advance of these events. Specific accommodations necessary to allow participation of disabled persons will be provided to the maximum extent possible. Requests, or any questions or comments can be communicated to: (435) 259-1346.
Posted by: Judd Hill, Airport Manager ______Date ______Time ______GRAND COUNTY AIRPORT BOARD March 6th, 2017
C. Discussion and consideration items 1. Approval of a ground lease for a hangar by Redtail Air. Background Redtail Air, the Fixed Base Operator (FBO) at Canyonlands Field Airport would like to build a 11,970 ft2 hangar that will be used for storage of their fleet aircraft, as well as be able to rent overnight to larger private/corporate jets. This hangar will represent the largest single private infrastructure development in the history of the airport. It will benefit Redtail’s business, the general aviation community, and the airport, which is already severely limited in aircraft parking. In conjunction with building this hangar, they would like to consider the abandoning of Hangar A (the quasit hut hangar).
Recommendation Recommend permitting changing of the lease holder, while keeping timeline/schedule and rate of the lease as currently described in the lease.
C. Discussion and consideration items 2. Approval of modification of ground lease location for Redtail Air fuel storage farm.
Background Redtail Air, the Fixed Base Operator (FBO) at Canyonlands Field Airport entered into a ground lease contract with Grand County in June 2016 to develop a 65,000 gal fuel storage. This modification would change the location of the fuel storage at the airport. The new location would be better for minimizing vehicle traffic around aircraft parked on the ramp. It will also help in the traffic associated with building a large hangar (contracted being considered during this Council meeting).
Recommendation Recommend permitting changing of the lease holder, while keeping timeline/schedule and rate of the lease as currently described in the lease.
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CANYONLANDS FIELD GRAND COUNTY, UTAH
PLANNING ENGINEERING CONSTRUCTION REDTAIL HANGAR & FUEL STORAGE SCALE: PER BAR SCALE DATE: 09/2016 GRAND JUNCTION, CO: 970.242.0101 PHOENIX, AZ: 602.803.7079 0 50 100 DENVER, CO: 303.296.4949 ALBUQUERQUE, NM: 505.508.2192 DRAWN: LKB FILE: REDTAIL HANGAR www.armstrongconsultants.com CHK'D: EWT JOB NO.: SCALE IN FEET \MISC.REQ\REDTAIL HANGAR C. Discussion and consideration items 3. Approval of an office lease with Arinc for radio equipment and antennas at terminal building
Background Arinc has leased space in the terminal building, and on the terminal roof. The space in the terminal building consists of a power supply and radio equipment located in the mechanical room. There are also 5 antenna located on the roof of the terminal building. The company has requested a renewal of their lease to continue to use our facilities. The lease is for approximately $1700/yr.
Recommendation Recommend renewing lease, with a possible contingency that the equipment be relocated to another county-owned building at the airport when the terminal building is remodeled and expanded.
C. Discussion and consideration items 4. Approval of a ground lease for a hangar by Martin Snow.
Background Martin Snow would like to build a 10,000 ft2 hangar located to the south of the existing hangars, aligned with the Group II taxilane. In addition to the hangar, this party would like to consider expanding the Group II taxilane to the south approximately 150’. Since the expansion of the taxilane exists as a public use area on the airport layout plan, the costs incurred by its construction that would be eligible for federal funding could be recouped in the future, if all aspects of construction complied with those of a federally- funded project.
Recommendation Recommend the approval of the ground lease, and work with the party on the construction of the taxilane so as to comply with federal project rules, if the party so desires to proceed in that manner.
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CANYONLANDS FIELD GRAND COUNTY, UTAH
PLANNING ENGINEERING CONSTRUCTION 100' x 100' HANGAR SCALE: PER BAR SCALE DATE: 03/2017 GRAND JUNCTION, CO: 970.242.0101 PHOENIX, AZ: 602.803.7079 0 30 60 DENVER, CO: 303.296.4949 ALBUQUERQUE, NM: 505.508.2192 DRAWN: LKB FILE: 100x100 HANGAR www.armstrongconsultants.com CHK'D: EFR JOB NO.: \MISC.REQ\SNOW HANGAR SCALE IN FEET GRAND COUNTY AIRPORT BOARD March 6th, 2017
C. Discussion items 1. Ongoing CIB Terminal design group update.
The terminal design is ongoing. Discussion led by Hawley and Hill.
2. Discussion of airport billboard lease terms.
Background There are three airport billboard leases that expire in April 2017. There is no mechanism for renewal of billboards in the lease, as exists in office and ground leases. All businesses have expressed interest in renewing their billboard leases.
Recommendation Consider a term for renewal of leases. Consider an auction mechanism for bidding for billboard spaces. Also consider differing rates for leases, depending upon their geographic location on the airport. The different lease rates should be addressed, because there are some billboards that have not been rented in years due to their location (i.e. South facing/viewed by north bound traffic).
3. Discussion of Rules and Regulations, and Minimum Standards to be sent to FAA for compliance review.
Background The rules and standards were presented to the board for review a month prior for their input. The input that was received was incorporated in the standards. They will now be sent out to the FAA for review of compliance with FAA Grant Assurances. SEE ATTACHED
4. Discussion of a possible FBO building.
Background Redtail Air would like to explore the possibility of building an FBO building adjacent to/attached to Hangar B (closest hangar to Terminal)
5. Future private and/or county-sponsored development projects of the airport (ongoing).
Consider revising FBO lease to change it to a 20-year lease for FBO services. This would be similar to other contracts for FBO services at other airports.
TABLE OF CONTENTS INTRODUCTION
PART 1 - GENERAL PROVISIONS Section 1.1 – Purpose Section 1.2 – Definitions
PART 2 - RULES AND REGULATIONS
Chapter 2.1 – General Section 2.1.1 – Airport Manager and County Staff Section 2.1.2 – Airport Board Section 2.1.3 – Public Use Section 2.1.4 – Certified Part 139 Airport Section 2.1.5 – Common Use Areas Section 2.1.6 – Ground Vehicular Traffic & Parking Section 2.1.7 – Pedestrians and non-motorized transportation Section 2.1.8 – Airport Users are Responsible to Understand Rules & Regulations Section 2.1.9 – Refuse Section 2.1.10 – Acts of God Section 2.1.11 – Waiver of Provisions Section 2.1.12 – Safety and Health
Chapter 2.2 – Aircraft Operation Section 2.2.1 – General Section 2.2.1.1 – Standard (Fixed Wing) Operations Section 2.2.1.2 – Helicopter Operations Section 2.2.1.3 – Powered Parachute Operations Section 2.2.1.4 – Lighter than Air (Gliders & Balloons) Operations Section 2.2.1.5 – Unmanned Aerial Vehicles (Drones) Section 2.2.2 – Good Neighbor Policy Section 2.2.3 – Parked Aircraft Section 2.2.4 – Fire Regulations Section 2.2.4.1 – Aircraft Fueling Section 2.2.4.2 – Mobile Fueling Equipment
Chapter 2.3 – Reservation of Rights to Individual Users Section 2.3.1 – Explanation of Rights and Duties Imposed Section 2.3.2 – Code of Conduct
Chapter 2.4 – Government Agreements Section 2.4.1 – War or National Emergency Section 2.4.2 – Leases Subordinate to Government Lease Section 2.4.3 – Minority Business Enterprises
Chapter 2.5 – Airport Master Plan / Airport Layout Plan Section 2.5.1 – Document Overview Section 2.5.2 – User Approval for Change Not Required
Chapter 2.6 – Airport Lease Policies Section 2.6.1 – General Section 2.6.2 – Lease Term and Renewal Section 2.6.3 – Sub-leases Section 2.6.4 – Lease Rate Section 2.6.5 – Utilities Section 2.6.6 – Facility Maintenance for County Owned Structures Section 2.6.7 – Construction/Modifications to the Facility for County Owned Structures
Chapter 2.7 – Development Standards Section 2.7.1 – Purpose Section 2.7.2 – Approval of Construction Section 2.7.3 – Development Standards Section 2.7.3.1 Site Plan Review / Permits Section 2.7.3.2 Setbacks Section 2.7.3.3 Height Restrictions Section 2.7.3.4 Hangar Size Section 2.7.3.5 Architecture Section 2.7.3.6 Exterior Appearance Section 2.7.4 – Paved Access Section 2.7.5 – Storm Water Systems Section 2.7.6 – Signs Section 2.7.7 – Lighting Section 2.7.8 – Landscape Section 2.7.9 – Sidewalks Section 2.7.10 – Parking Section 2.7.11 – Outdoor Storage Section 2.7.12 – Utilities Section 2.7.13 – Temporary Buildings Section 2.7.14 – Snow Removal Section 2.7.15 – Refuse Section 2.7.16 – Fencing Section 2.7.17 – Office and Apartments in Hangars Section 2.7.18 – Use of Hangars Section 2.7.19 – Construction Standard Section 2.7.20 – Clean up and Reclamation
Chapter 2.8 – Violations Section 2.8.1 – General Section 2.8.2 – Appeal
PART 3 - MINIMUM STANDARDS FOR COMMERCIAL OPERATIONS
Chapter 3.1 – Commercial Operation Standards Section 3.1.1 – General Section 3.1.2 – Safety and Health Section 3.1.3 – Special Events Section 3.1.4 – Business Activities Section 3.1.5 – Action on Application Section 3.1.6 – Supporting Documents Section 3.1.7 – Rates & Fees Section 3.1.8 – Exterior Advertising & Signs Section 3.1.9 – Flagging or Hawking Prohibited Section 3.1.10 – Waiver of Minimum Standards Provisions
Chapter 3.2 – Airport Commercial Operators and Concessions Section 3.2.1 – Fixed Base Operator Section 3.2.2 – Specialized Aviation Service Operators Section 3.2.3 – Flying Clubs Section 3.2.4 – Independent Flight Instructors Section 3.2.5 – Personal Aircraft Sales & Leases Section 3.2.6 – Specialized Commercial Activities Section 3.2.6.1 – Glider Operations Section 3.2.6.2 – Parachute Jumping Section 3.2.6.3 – Paragliders Section 3.2.6.4 – Hot Air and Gas Balloons Section 3.2.6.5 – Casual Aircraft Mechanics Section 3.2.7 – Non-Aviation commercial operators
Appendices Appendix 1 – Example Ground Lease Appendix 2 – Example Commercial Sub-Lease Appendix 3 – Example Commercial Sub-Lease County Agreement Appendix 4 – Example Office Lease Appendix 5 – Example Billboard Lease Appendix 6 – Airport Fee Schedule Appendix 7 – Airport Board Bylaws Appendix 8 – Code of Conduct
INTRODUCTION
Canyonlands Field Airport (CNY or Airport) is located approximately 16 miles north of Moab, UT and services the aviation needs for much of the Southeastern region of the state. It is owned and managed by Grand County, UT. The airport is utilized by the general aviation community and is a spoke for commercial airlines. The Airport does not have any jurisdiction for activities happening off of the Airport property or within the airspace of the United States of America.
The Airport is used by pilots and passengers for a multitude of business and recreational flying activities. These include, but are not limited to, extensive recreational flying, daily commercial airline flights to a large hub airport, charter and air taxi flights, air freight movement, many different aspects of the film industry, mineral and resource development, emergency medical evacuation and transport, skydiving, and hot air ballooning. It is served by a Fixed Base Operator (FBO) that offers 100LL and Jet A fuel and onsite A&P services.
In addition to offering a wide range of aviation-related activities, CNY is a powerful economic driver to Grand County and its local businesses. It receives strong support both from the local citizens and their businesses, and from both local and state governments.
These Rules and Regulations and Minimum Standards are developed following FAA Advisory Circular 150/5190-7 guidance. The basis for these rules is to provide a safe and equitable environment to enjoy aviation in Grand County.
CANYONLANDS FIELD MISSION STATEMENT
Canyonlands Field Airport’s mission is to represent Grand County in a safe, professional, and responsible manner while serving the aviation-related needs of all of the citizens and guests of Grand County Utah. The airport will strive to continually maintain and improve the infrastructure and resources needed to support locally-based businesses, regional commercial air service, and general aviation so that current and future generations can enjoy all of our area of Southeast Utah from the ground and the air.
PART 1 - GENERAL PROVISIONS
Section 1.1 – Purpose
These Airport rules and regulations and minimum standards, hereafter referred to as "regulations and standards" are designed to establish the necessary regulations and standards for the management, governance and use of the Airport and to ensure the continued viability and safety of CNY for its users, and for the citizens of Grand County. These regulations and standards are intended to be reasonable, non-arbitrary and non- discriminatory. These regulations and standards apply equally to everyone using the Airport and shall be observed, abided by and obeyed.
These standards do not pertain to scheduled Commercial Air Carrier Operations under Federal Aviation Regulation 14CFR Part 121, U.S. Government Agencies or to Military Operations.
Section 1.2 – Definitions
The following words and terms shall have the meaning indicated below, unless the context clearly requires otherwise:
Aeronautical Activity – Any activity conducted on Airport property that makes the operation of an aircraft possible or that contributes to or is required for the safe operation of aircraft. Examples include, but are not limited to: aircraft charter, flight training, aircraft rental and sightseeing, aerial photography, aerial application, aircraft sales, sale of aviation petroleum products, repair, building and maintenance of aircraft and sale of aircraft parts.
Aircraft – A generic term used to identify all types of aviation equipment to include airplanes, helicopters, ultra-lights, gliders, powered parachutes, etc.
Aircraft Movement Areas – Areas of the airport where aircraft transition from flight to the ground, and move to and from the Apron.
Airport Certification Manual – The Airport Certification Manual (ACM) is the manual certified by the F.A.A. to comply with Part 139.
Airport Layout Plan – The currently approved, scaled dimensional layout of the entire Airport property, indicating current and proposed usage for each identifiable segment as approved by the Federal Aviation Administration and the Airport.
Airport Security Program – Sensitive Security Information document maintained by the Airport Manager as directed by the Department of Homeland Security – Transportation Security Administration.
Airside – The airside portion of the Airport is defined as the areas inside the perimeter fence without any manmade barrier between areas where aircraft take-off and land, taxi, and park. All of the property at Canyonlands Field is considered airside, with the exception of the land outside the chain-link and barbed wire fence in the vicinity of county-owned buildings.
ARFF – Airport Rescue Fire Fighter. An FAA-certified ARFF is employed by Grand County for response to aviation-related accidents at the airport. While ARFF personnel will respond to any incident while on duty, they are only required to be available during periods of scheduled commercial flights per 14§139.
Board – The Grand County Airport Board “Board” is a volunteer advisory board to the County Council.
Canyonlands Field Airport – referred to as the “Airport”, means the property allocated for the operation of Canyonlands Field Airport located on Grand County property in the State of Utah, as depicted on the current Airport Layout Plan.
Commercial Aeronautical Activity – Any aeronautical activity which involves, makes possible or relates to the operation of aircraft, the purpose of such activity being to secure income, earnings, compensation or profit, whether or not such objective(s) is accomplished. Activities include operations such as charter, hauling cargo, aircraft sales, flights schools or aircraft rental, etc.
County Council – Seven elected Council Members comprise the Grand County Council, which is made up of elected officials that are the legislative body for Grand County.
CTAF – is the Common Traffic Advisory Frequency that aircraft use to announce intentions and communicate with other aircraft in the airport traffic pattern or while on an airport movement area. This frequency is 122.800 at the Airport.
Enplanement – An individual person paying for a departure from the airport to a destination away from the airport.
Entity – A person, persons, firm, partnership, Limited Liability Company, unincorporated proprietorship, association, group or corporation.
F.A.A. – Federal Aviation Administration, a.k.a. FAA.
FAR – Federal Aviation Regulations which can be found in the Code of Federal Regulations.
Fixed Base Operator (FBO) – A commercial tenant who provides aircraft services as outlined in Chapter IV.
FOD – Foreign Object Debris. Any removable material located on a surface designated for aircraft landing, taxiing, or parking.
GPU – is a Ground Power Unit that provides electrical power to an aircraft when the aircraft is shut down but needs to operate auxiliary onboard equipment.
Grand County – Referred to as the “County”, means the governing body of Grand County, UT and includes the designated staff or representatives thereof.
Landside – Area within the boundaries of the Airport property not designated as airside regions of the Airport.
Manager – means the Airport Manager of Canyonlands Field Airport who is the designated person employed by the County.
Minimum Standards – Qualifications established by the Canyonlands Field Airport Board and approved by the Grand County Council as the minimum requirements to be met as a condition for the right to conduct an activity on the Airport and/or for a land or facility lease.
Movement Area – Includes all runways, taxiways, and safety areas related to these surfaces.
Non-Aeronautical Activity – Any activity conducted on Airport property that does not involve the operation of an aircraft or that contributes to or is required for the safe operation of aircraft.
Non-Commercial Aeronautical Activity – Any aeronautical activity which does not involve, makes possible or relates to the operation of aircraft, the purpose of such activity being to secure income, earnings, compensation or profit, whether or not such objective(s) is accomplished.
Non-Commercial Flying Club – any combination in which three or more persons are associated (directly or indirectly) as individuals or as any association or legal entity to provide such persons the privilege of piloting club-owned aircraft based on the Airport. The flying club shall be operated on a non-profit basis so that it does not receive greater revenue than the amount necessary for the operation, maintenance, acquisition and replacement of its aircraft. The non-profit status shall be substantiated by documentary proof from the Internal Revenue Service.
Non-Movement Area – Includes taxi lanes, helipad and parking aprons.
Operation – When an aircraft either lands or takes off from the airport.
Operator – Means the entity responsible for the operations of a commercial aeronautical activity.
Part 139 – Canyonlands Field Airport is one of approximately 3% of the airports in the United States that are certified according to Title 14 of the Code of Federal Regulations (Aeronautics and Space), Chapter 1 (Federal Aviation Administration, Department of Transportation), Subchapter G (Air Carriers and Operators for Compensation or Hire: Certification and Operations), Part 139 (Certification of Airports).
Rules and Regulations – the rules and regulations as may be promulgated and adopted from time to time by Grand County to protect the public health, safety, interest and welfare of Canyonlands Field Airport.
Secure Identification Display Area (SIDA) – The classification of security requiring the display of a secured badge that is acquired following a federal background and fingerprint check. SIDA becomes a requirement when commercial aircraft exceed 60 seats.
Specialized Aviation Service Operator (SASO) – A commercial aeronautical activity that provides one or more commercial services as outlined in Chapter IV.
TSA – Transportation Security Administration.
UNICOM – refers to the Universal Communications frequency that aircraft use to communicate with service personnel for fuel and parking information. The UNICOM frequency for the Airport is 122.800.
PART 2 - RULES AND REGULATIONS
Chapter 2.1 – General
Section 2.1.1 – Airport Manager and County Staff
The Airport Manager (‘Manager’) is a full time employee of Grand County, and is recognized as the County’s department head for the Airport and is under the County Council Administrator’s supervision. The Manager is authorized to take all reasonable actions necessary to protect and safeguard the public while present at the Airport and to oversee all Airport operations consistent with these regulations and standards, those of the FAA related to airport operations, the laws of the State of Utah, and the ordinances of the County. The Manager shall administer these rules, regulations, and standards in a reasonable, impartial and uniform manner so as not to allow discriminatory application thereof. The Manager and the County will follow all Federal and State of Utah laws, and Grand County ordinances.
The Airport Manager:
May designate a Grand County employee as a representative that is authorized to act in their place on for any issue related to operations at the Airport.
Will maintain compliance with the FAA-regulated Airport Certification Manual and TSA- regulated Airport Security Program.
Will oversee the maintenance of the County property at the airport. Any County property shall be maintained and operated only by Grand County personnel, unless contractual agreements, including training, are established with the approval of the Manager and the County.
Section 2.1.2 – Airport Board
The Airport Board consists of nine individuals, one non-voting airport staff member (Manager), one non-voting liaison to the Grand County Council that is a current Council member, and seven voting members. Of those voting, five are at-large elected members, one member appointed as a representative of the Travel Council, and one member appointed as a representative of the City of Moab. This board serves as an advisory board to the Grand County Council, which has the authority to determine all Airport-related issues.
Section 2.1.3 – Public Use
The Airport shall be open for public use at all hours. The operation of the airport is subject to regulations or restrictions due to weather, the conditions of the Airport
operational area, and special events and other situations. The Airport is sponsored by the County for the use, benefit, and enjoyment of all. The County and the Manager have the right to limit, restrict, or prohibit any activities or entities from the airport to protect the public.
User fees of this public use Airport are established to support the maintenance and improvements of the Airport. All of the revenue derived from these fees will be used for the operation of the Airport.
Section 2.1.4 – Certified Part 139 Airport
There are over 10,000 airports in the United States of America. Of these airports, there are 3,340 airports that make up the National Plan of Integrated Airport Systems (NPIAS). Across the country, there are only 532 airports that are certified under Title 14 CFR 139.
The Airport holds a current certificate under Part 139. The Manager is responsible for overseeing the compliance of the Airport with the regulations under Part 139. This compliance is determined within the Airport Certification Manual.
While the Airport is available for public use, Airside access is restricted due to regulations outlined in Part 139. All users of the Airport must comply with the Airport’s implementation of Part 139 regulations.
Section 2.1.5 – Common Use Areas
Common use areas include all runways for landing and take-off, taxiways, airport lighting, all apparatus or equipment for disseminating weather and wind information, for radio or other electrical communication, and any other structure, equipment or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and take-off of aircraft. The parallel and connector taxiways shall be common use areas.
All taxi-lanes shall be kept clear and available for aircraft traffic. All aprons shall be considered common use areas available for use. All aircraft must be parked in marked/approved parking locations. No aircraft, vehicles, trailers or equipment will be parked in any common use area.
Except in emergency situations, no entity shall use any common use area for nonstandard purposes without the prior consent or authorization of the County and/or Manager or their designee. All applicable rules for movement in these areas must still be followed, even during emergency situations. Common use designations may be changed from time to time by the Manager.
Section 2.1.6 – Ground Vehicular Traffic & Parking
Normal traffic laws of the State of Utah shall apply to the streets, roads and vehicular parking areas at the Airport, unless otherwise provided by law. Except for fire-fighting equipment, ambulance and emergency vehicles, or official airport vehicles, no person shall take or drive any vehicle on the Airport, other than on established streets, roads and vehicular parking facilities, unless permission has first been obtained from the County and/or Manager and the specific driver has been trained in accordance with the ACM.
Pilots and their passengers may load and unload their aircraft but may only operate a vehicle on the parking aprons. Vehicles shall not be parked and left unattended on the Airport aircraft movement/parking areas. Any vehicle left unattended is subject to tow at the owner’s expense.
The speed limit for vehicles operated in aircraft movement areas is 15 mph. If necessary, operators of unauthorized vehicles shall be subject to arrest and vehicles towed, at owner's expense.
Aircraft have the right-of-way on all airside surfaces at the Airport. Vehicles may be used to tow gliders from their hangar/parking area to the glider operations area (if one were to be established by the County) and as necessary for flight operations provided they meet requirements for vehicle operations as outlined in the ACM and have prior permission from the Manager or their designee.
Section 2.1.7 – Pedestrians and non-motorized transportation
Customers of commercial operators are to be accompanied by Part 139-trained staff of the particular company with which they are conducting business. Should such a time arise that the airside of the airport becomes a SIDA region, all individuals arriving will be required to be escorted by a properly trained individual.
Only vehicles that comply with ACM standards are authorized on aircraft movement areas (AMA). Operators of a vehicle entering the AMA must be trained and authorized by the Manager or escorted by someone trained.
Pedestrians on the airside portion of the Airport shall not utilize headphones or similar products that could inhibit their awareness of surrounding aircraft. Personal Protective Equipment and ADA-compliant devices are not subject to this limitation.
Section 2.1.8 – Airport Users are Responsible to Understand Rules & Regulations
Users of the Airport bear the responsibility for compliance and ignorance is not an excuse for violation of any rule, regulation, or standard. Airport Rules and Regulations and Minimum Standards are available electronically at www.moabairport.com.
Section 2.1.9 – Refuse
No person shall throw, dump or deposit any waste, refuse or garbage on the Airport, except in designated receptacles. No refuse not generated at the Airport shall be disposed of in refuse containers located on the Airport. All waste, refuse or garbage shall be placed and kept in closed garbage cans or containers and all operating areas shall be kept in a safe, neat, clean and orderly manner at all times and in such manner as to minimize any hazards. All hazardous waste must be controlled and disposed of in accordance with all Federal, State and County Environmental Regulations. At no time will outside storage of oil, fuel, chemical drums, or other hazardous items be permitted, without prior written approval of the County.
All tenants of the airport leasing space from the airport will pay a fee for garbage collection as outlined in the County Fee Ordinance.
Section 2.1.10 – Acts of God
Nothing contained in these regulations and standards shall be construed as requiring the County to maintain, repair, restore or replace any structure, improvement or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstances beyond the control of the County.
However, should acts of God occur to the extent that the entities at the Airport are not able to conduct business as usual, all rents and fees due the County may be temporarily suspended for a reasonable period of time to allow the entity to resume normal operations.
Section 2.1.11 –Waiver of Provisions
The County may, at its discretion, waive all or any portion of these rules and regulations and minimum standards for the benefit of any government, governmental agency, or public service entity performing non-profit public services to the aircraft industry, or performing air search and rescue operations, or performing fire prevention or firefighting operations, but only to the extent permitted by the rules of the FAA and the laws of the State of Utah.
Section 2.1.12 – Safety and Health
All individuals will maintain safe operations and personal actions at all times. Illegal drugs, as defined by State of Utah, Federal laws, or County ordinances, are not permitted on the Airport at any time.
Consumption of alcoholic beverages is not allowed on county property without proper County permitting; this does not pertain to inside private hangers not opened to the public.
Any injury sustained on the Airport will be immediately reported to the Airport Manager or designee. Such notification can only be delayed for such a period as to administer aid and/or initiate emergency response units, if needed.
Any property damage on the Airport, regardless of the ownership of the damaged property, will be immediately reported to the Airport Manager or designee. Such notification can only be delayed for such a period as to administer aid and/or initiate emergency response units if needed.
Chapter 2.2 – Aircraft Operation
Section 2.2.1 – General
The pilot in command of an aircraft is responsible for their aircraft. Any incident resulting in an injury to a person or damage to either private or airport property must be immediately reported to Airport Management
Every person operating an aircraft shall comply with and operate such aircraft in accordance with these rules and regulations, and all pertinent rules, regulations, orders and rulings of the FAA, and UDOT-Aeronautics and other appropriate governmental agencies. Every person operating an aircraft is responsible for the safe of operation and for the safety of others exposed to such operation, and therefore shall exercise good operating procedures at all times. Aircraft shall not be operated carelessly or negligently nor in disregard of the rights and safety of others.
Canyonlands Field Airport is a non-towered airport. All pilots of aircraft based at the Airport are STRONGLY ENCOURAGED to have radio equipment permitting two-way communications to monitor the Airport CTAF to obtain Airport advisory information prior to entering the Airport traffic pattern.
In addition to CTAF, the Airport also has an Automated Surface Observation System operated by N.O.A.A. transmitting weather information on 118.525, and a State of Utah owned and operated V.O.R. D.M.E. transmitting on 109.800.
The official FAA traffic pattern for the airport consists of a “Left Hand” pattern for Runway 03, and a “Right Hand” pattern for Runway 21.
In the event the Airport Manager believes the conditions of the Airport are unsafe for landings or takeoffs, it shall be within the managers’ authority to issue a NOTAM to close the Airport, or any portion thereof, for a reasonable period of time so that those unsafe conditions may be corrected as outlined in the ACM. Unscheduled closures of the airport will be announced over UNICOM frequency at regular intervals for a reasonable amount of time, given the particular cause of closure, by the Airport Manager or designee.
In the event any aircraft is wrecked or damaged to the extent that it cannot be moved under its own power, the Airport Manager or designee shall be immediately notified by the Pilot in Command or their designee. Subject to governmental investigations and inspection of the wreckage, the owner or pilot of the wrecked or damaged aircraft, or the owner's agent or legal representative shall, as soon as reasonably possible, obtain the necessary permission for removal of said aircraft from all landing areas, taxi-lanes, and all other traffic areas, and place or store said aircraft in normal hangar/tie down areas or as approved by the Manager. The Manager shall have the authority to remove the disabled aircraft at the owner’s expense if the aircraft is affecting airport operations and the owner is not responding in a timely manner.
Section 2.2.1.1 – Standard (Fixed Wing) Operations
The paved Runway 3/21 is the only FAA and County approved landing surface located at the Airport. The County does not recognize, nor maintain any landing surface other than Runway 3/21. Individuals are not permitted to maintain a surface for the intent of takeoff and landing at the Airport. No aircraft operation shall impinge on the established safety areas of Runway 3/21 and Taxiway A or the cross taxiways. Taxiways are to be used exclusively for the movement of aircraft to and from the runway, and not as a landing surface.
All aircraft shall follow the appropriate taxiway and runway guidance marking and lighting when operating on the Airport. The Pilot in Command of an aircraft that exits the established paved surfaces for any reason must inform the Manager, and will be financially responsible for the cost associated with removal of any FOD, or repair of any airport infrastructure or maintained surface.
Landing on Runway 3/21 is restricted to fixed wing aircraft with rubber tire type landing gear configurations. Fixed wing aircraft equipped with primarily pontoons, skids or skis are not permitted to land or touchdown on any runway surface.
Section 2.2.1.2 – Helicopter Operations
Due to the damage caused by sliding on skids, “skid” landings are not permitted on Runway 3/21.
Recognizing the need to maintain compliance with auto-rotation emergency landing procedures, the operator of helicopter may request approval from the Manager for limited “skid” landings on Airport surfaces. However, said operator will be responsible for any damage caused to Airport property.
Any operation on or over the Main Passenger Terminal and Air Carrier Apron is not permitted. All practical care will be taken to avoid flying over hangers or aircraft tied down on the apron.
All low-level flight operations should be over a paved airport surface. When it might become necessary to operate over any unpaved surfaces, pilots will air taxi at an altitude to minimize the generation of dust or debris by the particular type of aircraft.
All flight operations must avoid the Automated Surface Observation Site (ASOS) on the west side of Runway 3/21.
All helicopter parking must be in locations approved by Manager and clear of all Taxiway Object Free Areas.
Section 2.2.1.3 – Powered Parachute Operations
The Airport recognizes specialized types of aircraft, and welcomes them at CNY. While all aircraft are allowed at public airports, the Airport does not want to limit the activities of all aircraft because of the actions of particular types of aircraft.
Given the number of operations on the single runway at the Airport, the Airport does not deem it safe for these types of aircraft to launch from the runway because of the extended time that is required to set up the aircraft and launch it.
The Airport requests that users of such aircraft coordinate with the Manager to make accommodations for the safe launch and landing of these types of aircraft on the Airport property.
Section 2.2.1.4 – Lighter than Air (Gliders & Balloons)
Gliders landing on Runway 3/21 must have prior arrangements with Airport Management to facilitate the towing of the aircraft from the movement areas. Prior to stopping rollout, the glider pilot in command must make all reasonable efforts to exit the active runway at one of the seven cross taxiways (A1 – A7).
The pilot in command of a balloon shall make all practical efforts to land to the south of the hangars in the parachute landing area if they need to land on Airport property. Regardless of the final landing location of a balloon, the chase crew must receive prior permission to access any area of the Airport property that goes beyond the ramp areas allowed under Airport 14 CFR 139.329 training.
Section 2.2.1.5 – Unmanned Aerial Vehicles (Drones)
No drones may be operated on the airport without the direct approval from the Manager. All FAA regulations and licensure with regards to UAVs must be followed.
Section 2.2.2 – Good Neighbor Policy
The county recognizes that it has no jurisdiction to enforce minimum altitude requirements within the airspace of the United States of America, and that operations in the air are under the jurisdiction of the FAA. However, the Airport requests that reasonable efforts should be made to minimize overflights of the populated residential areas of the community/county. Canyonlands Field is sponsored and operated by Grand County, Utah. Millions of our guests visit the parks and recreation areas in southeastern Utah each year. We request that all aircraft on scenic flights over these areas maintain at least 2,000 feet above ground level (AGL) so that we all have the opportunity to enjoy the spectacular scenery whether from the ground or from the air.
Section 2.2.3 – Parked Aircraft
No person shall park, store, tie-down or leave any aircraft on any area of the Airport other than paved parking aprons that are identified by the Airport Layout Plan. All aircraft parked outside on any airport apron must be fully operational and hold a valid Airworthiness Certificate. All aircraft tie down locations are maintained through the Fixed Base Operator.
Pilots or owners shall properly secure their aircraft while parked or stored. Pilots are solely responsible for parking and tying down their aircraft, including any special measures required by weather conditions or other conditions at the Airport. Pilots also shall be responsible for securing their aircraft in a manner necessary to avoid damage to other aircraft or buildings at the Airport in the event of winds or other severe weather. The County’s obligation, unless otherwise provided for by any Operator lease agreement, shall be the maintenance of the aircraft parking space, exclusive of tie-down rope and grass surfaces. While the County does maintain multiple video surveillance cameras on the Airport, the County is not responsible for the security of aircraft or their contents.
All maintenance to aircrafts or engines shall be made in hangars or areas designated for this purpose by the County and/or Airport Manager or designee and not on any part of the landing area, taxi-lanes, ramps/aprons, and fueling/service areas.
The washing of aircraft, equipment, or items such as fuel trucks, etc. is only permitted on the Airport in a designated location identified by the Manager or inside a hangar or with 30 feet of the hangar’s entrance. The entity washing any vehicle will be responsible for containment and cleaning of any residue or debris from washing to avoid damage to Airport property or other aircraft/vehicles using the Airport.
Painting of aircraft, equipment, etc. is not permitted on the Airport without first obtaining required federal, state, and city environmental permits. Painting of aircraft, equipment, etc. is not permitted on the runway, taxiways, or apron.
Section 2.2.4 – Fire Regulations
The following shall apply, except where either insurance requirements or applicable codes differ, in which case the latter shall prevail.
With the exception of handheld fire extinguishers, only County employees certified as Aircraft Rescue Fire Fighters may operate County-owned firefighting equipment.
All persons using the Airport area or the facilities of the Airport in any way shall exercise the utmost care to guard against fire and injury to persons or property.
All hangar and shop floors shall be kept clean and free from oil, gas and other flammable substances. No volatile, flammable solvent shall be used for cleaning floors. No rags soiled with flammable substances shall be kept or stored in any building on the airport in such a manner as to create any fire hazard.
The cleaning of motors or other part of aircraft shall not be carried on in any hangar, except with non-flammable substance. If flammable liquids shall be employed for this purpose, the operation shall be carried on in the open air with the prior approval of the Manager or designee.
No person shall smoke or ignite any matches, flares, lighters or other object which produce an open flame anywhere within a hangar, shop, building or structure in which any aircraft is or may be stored, or in which any gas, oil or flammable substance is stored or within 50 feet of any aircraft or any fueling facility. All applicable clean air laws and/or County regulations governing public buildings and facilities must be observed.
Section 2.2.4.1 – Aircraft Fueling
Fuel services shall be administered either by an authorized attendant using the proper safety equipment or by the aircraft owner/operator in the designated area with proper safety precautions.
No aircraft shall be fueled or drained while its engine is running or while in a hangar or other enclosed place. Fueling shall be done in strict accordance with NFPA 407 requirements. There shall be no fueling direct from a common carrier transport truck into mobile fuel truck or an aircraft on the Airport.
Aircraft fueling from drums, small containers or similar items shall be done only in the outdoor designated fueling area and in accordance with NFPA 407 and Part 139.
Section 2.2.4.2 – Mobile Fueling Equipment
Any mobile fueling equipment must be inspected and approved by the Manager prior to initial use. All fixed and mobile fueling equipment used at the Airport are subject to periodic inspections and the standards outlined in the ACM to maintain compliance with Part 139. All fueling operators of the FBO will comply with Part 139 compliance for hazardous materials.
Chapter 2.3 – Reservation of Rights to Individual Users
Section 2.3.1 – Explanation of Rights and Duties Imposed
Notwithstanding anything to the contrary contained herein the following rights, privileges and duties are hereby conferred and imposed upon individual users of the Airport facilities including but not limited to individual pilots, aircraft owners, hanger owners, hanger renters, and tie-down renters.
All individual users as defined herein shall meet and maintain all standards for licensing, maintenance, and repair of aircraft established by the Federal Aviation Regulations (FARs), FAA Policies, Safety Bulletins, Advisory Circulars and all other Federal and State regulations and standards for licensing, maintenance, and repair of aircraft.
It shall be the duty of all individual users of the Airport to fully inform themselves of and to keep current on all Federal and State aviation regulations and standards and to completely and promptly comply herewith, and also regulations set forth by the County.
Nothing contained herein shall restrict or limit the right of aircraft owners and/or pilots to perform preventive maintenance on their own aircraft which are allowed by the regulations. However, all such repairs and maintenance shall be authorized and conducted strictly in accordance with Federal and State regulations, circulars, policies, airworthiness directives, and requirements and such maintenance and repairs shall be conducted within the area designated for owner maintenance or hangars leased by individual users of the Airport or by authorized repair facilities on the field.
All individual users shall comply with the Canyonlands Field Airport Rules and Regulations regarding common use areas and will not allow any maintenance or repair activities or any part thereof to be conducted in said common areas and will comply with all safety and fire regulations in effect at the time.
Facilities on the Airport property shall be utilized for aviation related activities only. Hangars/buildings are to be constrained to aircraft storage, maintenance and authorized ground support operational equipment that is determined by the type of aeronautical activity per the most current FARs, Policies, Safety Bulletins, and Advisory Circulars.
Nothing herein shall be construed as restricting the full use and enjoyment of Canyonlands Field Airport by all individual aircraft owners, pilots, renters of the tie-down and hangars and all other individuals having a right to be users of the Airport.
User fees are established by County Ordinance must be paid no later than the 15th of following month for all airport related activities after they are billed by the county.
Section 2.3.2 – Code of Conduct
The use of the airport is a privilege, not a right.
The County will take all available measures to ensure that the Airport is a safe, enjoyable, and professional location for conducting aviation related activities. Any behavior or actions to the contrary of this will not be tolerated by the County. To such end, the Manager or designee, maintains the right to temporarily or permanently limit or restrict an entity from using all (or portions) of the Airport. If required, Grand County Sheriff with be summoned to remove an entity from the Airport.
The body of the Code of Conduct for Canyonlands Field can be found in the Appendix of this document.
Chapter 2.4 – Government Agreements
Section 2.4.1 – War or National Emergency
During time of war or national emergency, the County shall have the right to lease the Airport, and/or landing area, or any part thereof to the United States Government for military use, and, any license or authority granted under these rules and any lease and agreement executed pursuant hereto shall be subject to such government lease and the provisions of the government lease shall control insofar as they are inconsistent with the said operators agreement, lease or authority.
Section 2.4.2 – Leases Subordinate to Government Lease
Any license, authority, lease or agreement entered into pursuant to these regulations shall be subject and subordinate to the provisions of any existing or future agreement between the County and the United States, relative to the operation or the maintenance of the Airport, the execution of which has been or may be required as a conditioned precedent to the expenditure of Federal funds for the development of the Airport.
Section 2.4.3 – Minority Business Enterprises
It is the policy of Grand County, Utah, to utilize Minority Business Enterprises and Women Business Enterprises in all aspects of contracting. This commitment can be demonstrated by the efforts taken in the compliance with the DBE program administered by the FAA.
Chapter 2.5 – Airport Master Plan / Airport Layout Plan
Section 2.5.1 – Document Overview
The Airport Master Plan/Airport Layout Plan is a living document that describes the airport, its layout, and its future development.
While it is the intention of the County to develop the Airport in accordance with the Master Plan and the Layout Plan, the County reserves the right to change the plan to meet future needs of the Airport in the interests of the County.
The County will make all reasonable efforts to acquire funding to make the improvements described in the Layout Plan. If a private entity desires to have a planned upgrade ahead of the schedule of the County, they may make such improvements with the approval of the County. If the entity choses to follow all federal, state, and local guidance in the development, the County will make all reasonable efforts to reimburse the entity for the work in the future when additional funds are acquired.
Section 2.5.2 – User Approval for Change Not Required
The County may, without the consent or approval of any entity operating at the Airport, make changes in the Master and Layout Plans of the Airport and in its planning and policies in connection with the development of the Airport. However, it is the County’s and Airport’s intent to inform the Airport businesses, tenants, users, and county citizens of proposed improvements and/or changes to the Airport Master and Layout Plans at the Airport and to request and consider any and all comments. A copy of the Airport Master and Layout Plans can be obtained thru the Airport Manager or from the County Council Offices.
Chapter 2.6 – Airport Lease Policies
Section 2.6.1 – General
Grand County maintains ownership of all of the land at the Airport. Private structures (i.e. hangers) may be built upon the land, but the County will retain ownership of said land. All entities that build a structure, or operate out of existing structures, are required to obtain a lease agreement between themselves and the County. Each lease will first be presented to the Airport Board, who will then vote to be either in support of, or not in support of, recommending its approval by the Grand County Council. The attached appendices include example leases for a ground lease, a sub-lease of an existing lease, a lease of office space in existing County-owned facilities, and a billboard lease.
All businesses operating at the airport are also required to hold a valid Grand County Business license if the business is required by the county to have a business license.
As a term of leasing office space, or ground space to all airport tenants must provide the Airport Staff with the ability to access property by providing a door key or door combination. The access is to allow for Base Airplane Inventories, FAA requested searches for missing airplanes, and facility inspections for fire and safety considerations. For any non-emergency situation, Management will give prior notification of inspection to the hangar owner or office lease renter.
Section 2.6.2 – Lease Term and Renewal
The maximum term for an individual office space lease in the County owned terminal building shall be 5yrs.
The initial lease term for raw land on the airside of the Airport shall be 30 yrs with a 5 year extension option. Lessee shall be given 1 year to obtain building permits or lease will become void, unless a reasonable extension is agreed upon at the initiation of the ground lease.
The initial lease term for raw land on the landside of the Airport shall be 10 yrs. Lessee shall be given 1 year to obtain building permits or lease will become void, unless a reasonable extension is agreed upon at the initiation of the ground lease.
The sale of a hangar, or other real property, between two different entities that is covered under an existing lease must receive prior approval of the Airport Board and the County. A new lease will have to be established between the County and the purchasing entity. However, the sale of such property does not change the original terms of the original lease, unless mutually agreed to by both the purchasing entity and the County.
Inheritors of a lease shall continue the existing lease agreement. Under such conditions, the County will work with the inheritor to transfer the contract into their name.
It is the intention of the County and the Airport to support aviation, and aviation related activities by encouraging non-governmental investment in the development of the Airport. To this end, the County will grant a lease holder of a privately owned structure the right of renewal of new ground lease for a new full-length lease at the current base lease rate at the time of the contract ending, provided that the lease holder informs the County of their intent to renew the lease during the last year of the 30 year lease, at least 30 days prior to the termination of the original lease. If the lease owner does not renew the lease by the legal termination date, the hangar or structure will revert to the ownership of the County.
At any time during the lease, if the owner of the hangar defaults on the terms of their lease, violates terms of these standards that result in their permanent removal from the airport, the owner shall have 180 days to sell the lease as described in this section or the hangar or structure will revert to the ownership of the County.
Section 2.6.3 – Sub-leases
The county recognizes that entities will rent parking to private individuals either on the ramp (FBO-managed) or in private hangars. All of the entities renting parking spaces are subject to these standards, as are those renting the space.
Where the sole purpose of the rental agreement is the storage of private aircraft for non- commercial use, a sub-lease is not required.
Any commercial enterprise that is renting space either on the ramp, or in a hangar must establish a sub-lease agreement between the County, the primary Lessee, and the business enterprise prior to the commencement of commercial activities.
The appendices of this document include a sublease that can be used between the Lessor and the sub- Lessee, as well as the approval of the required sub-leasing agreement that is between the County, the Lessee, and the sub- Lessee.
Section 2.6.4 – Lease Rate
There are several standard fees associated with leases at the Airport. These base fees are determined by County Ordinance adopted by the County Council that take effect at the beginning of a calendar year.
The Rates are either monthly or annual, depending upon the terms of the individual lease.
Fees are established for, but not limited to: Airside ground lease, landside ground lease, terminal lease space (either <24 months, or >24 months), billboard rental space, ground transportation registration, garbage, sewage and water, and concessions.
Section 2.6.5 – Utilities
Use of County supplied utilities in common areas will be reflected in the lease rates.
Unique utilities required in common areas will be the responsibility of Lessee.
Hook up and cost of utilities to buildings constructed on leased county land shall be the sole responsibility of the Lessee.
Unless otherwise provided in the lease agreement with the County, the Lessee shall, at its own expense, provide, construct, install, equip and maintain all utilities, buildings, structures, ramps, tie-down area, taxi-ways, fences and all other facilities and improvements requested or approved by the County as part of the lease for the Lessee to carry on the activities or services authorized by the County.
The Lessee shall promptly pay, when due, all charges for water, sewer, power, data, telephone service and all other utilities and services supplied to the operation at the Airport.
Section 2.6.6 – Facility Maintenance for County Owned Structures
Lessee will be responsible for proper upkeep of the facility including replacement of perishable items such as filters or lightbulbs. Uncommon wear or breakage will be the responsibility of the Lessee.
Normal wear or failure of such items as plumbing, fixtures, carpets, integrity of the roof, paint etc. which were part of the original lease agreement shall be the responsibility of the Lessor.
Lessee may opt to make necessary repairs of Lessor's maintenance responsibilities for lease payment credit with lessor's approval. In such cases a detailed breakdown of cost by category (labor/materials) shall be submitted to the lessor for approval prior to repair start. The Lessor may accomplish such maintenance/repair if that option will result in a financial benefit to the Lessor.
Section 2.6.7 – Construction/Modifications to the Facility for County Owned Structures
Plans and specifications and an FAA 7460-1 Form for any construction required or approved by the Lessee shall be submitted to the County for review and approval within 60 days from successful negotiations of a lease agreement, and construction thereon shall commence within 60 days from the County’s Approval of the plans and specifications. The deadlines provided in this paragraph may be extended by the County for a good cause upon the request of the Lessee. All construction shall comply with applicable building codes and other ordinances and the proper permits including fees shall be secured and paid for by the Lessee.
If the proposed modifications to the facility under lease are deemed to be in the best interest of the Lessor, the cost of such modifications will be shared by the Lessee and Lessor at a ratio negotiated for each specific project.
In the event proposed modifications are not deemed to be in the interest of the Lessor, the modifications can be made with approval of the lessor, however, the cost of such modifications shall be the responsibility of the Lessee.
Any modifications made to the facility by described above shall not be removed at lease end without approval of the Lessor.
Modifications to the facility required to meet safety codes, building codes, or handicapped access codes will be the responsibility of the lessor, given that the use requiring such modifications is agreed to and is part of the original intent of the lease agreement. Otherwise the cost of such modifications shall be the subject of negotiation.
Chapter 2.7 – Development Standards
Section 2.7.1 – Purpose
Development standards promote consistent architectural design, site planning and visual appearance of hangars and other structures constructed at the airport. Development standards ensure new hangar development will be constructed in accordance with FAA regulations and Advisory Circulars along with local regulations relating to public health, safety, and welfare. Development standards also guarantee that future hangar development will be designed and constructed in a manner that will enhance both existing and future development.
Section 2.7.2 – Approval of Construction
Any development at the airport must have an established lease prior to project initiation. The initial step requires the potential Lessee to discuss their plans with the Manager. The Manager will work with the entity to have their potential development presented to the Airport Board for review and possible recommendation. Following the recommendation of the Airport Board, the Manager (and the entity) will present to proposed development to the County Council in an open, public meeting. The County Council has the sole authority to authorize a lease contract.
Section 2.7.3 – Development Standards
Development standards are implemented for use in the design of hangars and other structures built at the Airport. They do not replace local building and fire codes that are implemented by local county, state, and federal entities. All buildings at the Airport, regardless of their intended use, are considered commercial developments as far as design and building standards.
They do, however, supersede county ordinances when the hangar property is completely within the airport property boundary. All engineering standards for utilities are strictly enforced on any airport development. It is the responsibility of the Lessee to meet all codes and standards required. Development standards apply to both proposed hangar development and existing hangar modifications. All improvements to a site accomplished to comply with any County ordinance, this document, or any other Code shall be the responsibility of the Lessee.
Section 2.7.3.1 Site Plan Review / Permits
Pre-Design: Prior to the hangar site planning and design, the prospective Lessee or the designated representative will meet with the Manager to discuss the following pre- design requirements. 1. Lease agreement terms and conditions
2. Lot location for the proposed hangar with site plans 3. Development standards 4. Construction document requirements 5. Building Plans
Construction Documents: The Lessee or designated representative shall prepare and submit an “Application for Raw Land Lease” to the airport manager at least 7 days prior to the Airport Board meeting where action is required.
Survey and Geotechnical Analysis: The County will assist in the development a hangar by coordination with the airport engineers on retainer with the County. Due to the requirements for NEPA compliance and airspace requirements, a survey may be required to identify the explicit location of the structure.
Due to the nature and variation of the soils on and around the airport, every development will require geotechnical evaluation of the site.
FAA Review: The prospective Lessee is responsible for submitting a Notice of Proposed Construction form 7460-1 and other required forms to the FAA for approval. The airport manager will offer assistance to the prospective Lessee if requested. Form 7460-1 and other permits can take 90 days or more to process and approve. No building permit will be issued until FAA approval of 7460-1 and the other FAA required forms.
Permits: The Lessee is responsible for obtaining all applicable building permits. All permits shall be obtained before the start of construction. The Airport Board must approve all construction plans prior to issuance of any building permit. Reviews will be accomplished using guidelines in Chapter VI, Section 2.2 through 2.5.
Section 2.7.3.2 Setbacks
Setbacks from object free areas and property lines are required to enhance the safety of aircraft operations on taxiways and taxi-lanes and to allow access for emergency vehicles. All setbacks shall conform to both and local zoning ordinances, FAA Advisory Circulars, and this document. The site plan shall show the location and dimension of all object free areas on impacted taxiways or taxi-lanes. The following hangar development setbacks apply:
Hangars erected at the Airport shall have a nonairside side yard setback of no less than 10’ from an adjoining lease line.
Hangars will be located outside the established taxiway/taxilane object free area.
Hangars shall have a minimum setback of 10’ from any public street, airport road or right of way.
Hangars facing a major access taxiway shall have a setback where activities associated within the hangar shall not impede the taxiway or taxilane object free area.
The rear setback shall be determined by the specific site location and constraints in the area.
Section 2.7.3.3 Height Restrictions
The overall height of the structure shall be commensurate with other proximate structures, depending on use and aircraft size. Under no circumstances will any structure be permitted to exceed a height that would make it an obstruction under Federal Aviation Regulation (FAR) Part 77, as depicted on the FAA-approved Airport Airspace Drawing. All applications for development must include a completed and approved FAA Form 7460-1, Notice of Proposed Construction or Alteration.
Section 2.7.3.4 Hangar Size
All hangars shall meet the minimum square footage established for the airport. The minimum hangar size established in these standards may be reduced, or modified where the proposed site does not have adequate width or depth or to accommodate a utility easement or is a multiple aircraft hangar (such as a T Hangar type).
Hangars constructed at the Airport shall be a minimum of 2000 square feet.
Hangars shall be sized and shaped to adequately and safely store the proposed aircraft. The proposed hangar size, shape, and use must be consistent with the Airport Master Plan and Airport Layout Plan for the proposed location unless unusual circumstances allow for exception.
Section 2.7.3.5 Architecture
Hangars erected at the Airport shall meet all applicable building codes, including fire, electrical, and plumbing, etc. The proposed hangar will be reviewed by the airport Manager and the Airport Advisory Board to determine compatibility with the Airport Master Plan and Airport Layout Plan.
Construction Materials: Pre-fabricated, pre-engineered or erected hangars shall have a façade of masonry, concrete, powder coated metal or a combination of these materials. Other materials may be used if approved by the Airport Board, the Fire Marshal, and the Building Inspector.
Structural Requirements: All hangars shall be engineered to meet the current Grand County commercial building standards.
Framing: All hangar structures shall be totally enclosed. No open sided structures shall be permitted with the exception of shade covers. Metal shade covers may be built in designated areas with the approval of the Airport Advisory Board.
Permits: All structures shall be required to obtain a Commercial Building Permit from Grand County.
Section 2.7.3.6 Exterior Appearance
All exterior surfaces shall be of new material, pre-finished aluminum, steel, or decorative masonry. No painted wood, unfinished materials or excessive glass walls will be permitted. No used or damaged/salvaged materials will be allowed without prior approval of the Manager. 1. Building glazing shall not cause glare or reflections that will interfere with airport operations or ground circulation. Windows or large areas of glass shall be oriented and/or treated to avoid reflections which could distract pilots landing or taking off. 2. All new construction shall be of high quality and utilize materials and finishes which will maintain their appearance with low maintenance.
For any structure or improvement at the Airport, for colors used on all exterior surfaces or for other items visible from the exterior, shall be limited to earth tone colors that minimize the contrast with the surrounding landscape. The determination of whether a color minimizes the contrast sufficiently lies with the Airport Board and the Airport Manager. Prospective builders shall supply samples of the proposed exterior colors as part of the building approval process.
Section 2.7.4 – Paved Access
The tenant shall provide paved access from the aircraft door of the hangar to the existing apron, taxi lane or taxiway edge if it exists. The pavement strength and materials shall be designed to current airport engineering and FAA standards. Exceptions can be granted by the Airport Board and Airport Manager.
Section 2.7.5 – Storm Water Systems
Storm water drainage shall be designed to current engineering standards. No storm drainage system will be allowed under buildings. All drainage from a structure’s roof shall be connected to the airport storm drainage system, and designed so as to not
negatively impact County property or other manmade structures on the Airport; the entity leasing a hangar is responsible for the drainage originating on their property.
The County will provide a framework of drainage for the airport. It will be the hangar owner’s responsibility to direct drainage from their structure into the drainage collection system.
Section 2.7.6 – Signs
Signs are permitted in accordance with County signage standards. All signs must be approved by the building inspector and Airport Manager. No lighted signs are permitted on the Airside of airport. Additional verbiage addresses flagging/hawking in the commercial standards.
Section 2.7.7 – Lighting
Within the Landside property boundaries, lighting may be used to illuminate buildings, landscaping, signs and parking provided the lighting is adequately shielded from public streets, the airfield, and minimizes night sky light pollution. If hangar apron lighting is necessary, lighting fixtures must be attached to the façade of the hangar, directed downward, adequately shielded from the airfield, and be compliant with County building codes.
Section 2.7.8 – Landscape
All landscaped areas shall conform to the existing landscape ordinances. Plant materials that attract birds and other wildlife are not permitted. Trees are not permitted. Existing trees will be allowed to remain until the tree becomes a wildlife attractant, at which time the tree will be removed. Xeriscape is highly recommended. The hangar landscape design shall be submitted to and reviewed by the Manager and the county building inspector to insure that all landscaping will conform to existing landscape ordinances and FAA height restrictions.
Section 2.7.9 – Sidewalks
If a hangar borders landside airport property, the tenant is responsible for the construction of the sidewalk and curb/gutter along the property line bordering the landside property unless a sidewalk is already existing. The hangar occupant is responsible for snow removal of this area.
Section 2.7.10 – Parking
Parking shall be designed in accordance with local parking ordinances and ADA standards. Pavement, curb and gutter shall be designed to meet current County and Airport engineering standards. Pavement, curb and gutter shall not be required on lots that are completely within the airport property boundaries. Owners and visitors of/to the hangar lots that are completely within airport property boundaries will park their vehicles within their lot and/or hangar at all times. For hangars constructed on either the Taxi lanes, the parking of vehicles or equipment off the paved surfaces is prohibited when the ground is wet.
Section 2.7.11 – Outdoor Storage
Outdoor storage areas, dumpsters, loading/unloading areas, roof equipment will be screened with the same architectural style as the hangar or as approved by the Airport Manager. Any outdoor storage area must be included in the ground leased from the County.
Section 2.7.12 – Utilities
The Lessees shall negotiate for electrical service with the power company. The County provides water and sewage services for all entities; the cost of these utilities is included in the approved lease agreements. The hangar owner will have to coordinate with the Utah Department of Environmental Quality and the Airport Manager for connecting to sewage and water systems since all buildings are considered commercial buildings.
Section 2.7.13 – Temporary Buildings
Temporary buildings such as trailers are subject to approval by the Manager. Temporary buildings must be constructed of materials that have an exterior color that compliments the surrounding area.
Section 2.7.14 – Snow Removal
The airport staff will plow snow in front of the hangar area within ten feet of hangar doors when the hangar is adjacent to a common use apron. The County will not be responsible for any possible damage to hangars or aprons including cracks or chipped concrete resulting from the snow removal. All snow removal operations are subject to the priorities established in the Airport Snow Removal Plan. Hangar aprons are the lowest priority. Hangars that are adjacent to a taxi lane will be plowed to the edge of the taxi lane. When time permits, airport personnel will remove snow from between the taxi
lane and hanger structures. All other snow removal shall be the responsibility of the Lessee.
Section 2.7.15 – Refuse
No storage of waste, refuse material, aircraft parts, vehicles or equipment shall be permitted outside the hangar. Any material stored within the hangar is subject to inspection for safety and fire compliance. As described in the County Fee Schedule, private and business use hangars pay a monthly garbage fee based on leased square footage.
Section 2.7.16 – Fencing
Security/Wildlife fencing shall be required on all properties that are located on the airport boundary. Fence construction shall meet FAA and County specifications. Properties that are totally within the airport boundary will not be fenced. Temporary fence panels may be allowed on these properties at the discretion of the airport manager.
Section 2.7.17 – Office and Apartments in Hangars
Hangar Lessees are allowed to install offices, breakrooms, restrooms, and on-duty rest areas in their hangar, which may be used only for aviation purposes. Hangars and any other location on the Airport may not be used for residences.
Section 2.7.18 – Use of Hangars
Hangar use must comply with FAA guidance. Hangars may not be used for any non- aeronautical business enterprise. Any aeronautical business enterprise using a hangar must have pre-approval of the Airport Board, a contract established through the County Council, and a valid business license in Grand County if required by the County.
Section 2.7.19 – Construction Standard
All construction must be accomplished in a timely manner. A representative of the airport reserves the right to inspect and reject any phase of the construction. A detailed drawing of the proposed hangar must be submitted to the Airport Board for approval before building permit can be issued.
Section 2.7.20 – Clean up and Reclamation
The Lessee shall haul all excess gravel and topsoil material from the site to an alternative location on the airport as so directed by the Airport Staff. If clean up and reclamation work is not completed within a reasonable time period after the issuance of a certificate of occupancy, the airport shall have the right to complete the work or contract it out at the expense of the Lessee.
Chapter 2.8 – Violations
Section 2.8.1 – General
The County has the responsibility to provide a safe airport for the enjoyment of all. To such end, these rules and regulations have been established so that users of the airport shall be aware of what is expected in terms of their actions.
The County, Manager, their designee, or Law Enforcement has the right to temporarily or permanently limit or revoke an entities actions or presence at the Airport.
The County maintains the right to establish fees, or fines, for specific actions taken on the Airport. Failure to abide by these monetary requirements can result in the limitation or restriction from use of portions or all of the Airport.
Section 2.8.2 – Appeal
An entity that has had an action taken against them my appeal that action to the Airport Manager, the Airport Board, or the County Council. The final determination of an appeal will reside with the duly elected Grand County Council and the Grand County Attorney.
PART 3 - MINIMUM STANDARDS FOR COMMERCIAL OPERATIONS
Chapter 3.1 – Commercial Operation Standards
Section 3.1.1 – General
The Minimum Standards section of this document pertains to entities conducting business at the airport for the purpose of generating revenue, regardless as to whether or not gross revenue is collected.
All of the rules and regulations outlined in Parts 1 and 2 of this document apply to all entities conducting business at the airport, employees of those businesses, as well as their patrons.
Section 3.1.2 – Special Events
Special events, such as, but not limited to, air shows, air races, skydiving boogies, balloon rallies, or other similar events or activities requiring the general use of the Airport, other than activities specifically described and allowed herein, shall be held only after formal approval for same has been granted by the Grand County Council and/or the Airport Manager or their designee. Said approval shall specify the areas of the Airport authorized for such special use, dates and such other terms and conditions as the County may require.
Section 3.1.3 – Business Activities
Subject to applicable orders, certificates or permits of the FAA, or its successors, Grant Agreements with FAA and the laws of the State of Utah, or unless covered under preexisting agreement with the County, no person shall use the Airport or any portion thereof or any of its improvements or facilities for commercial, business or profit-making activities who has not first complied with these regulations and standards and obtained the consent and required approval and/or licenses for such activities from the County and entered into such written leases and sub-leases and other agreements prescribed by the County. Notwithstanding any other provision of these regulations and standards and any FBO/Operator lease agreement now or hereafter approved by the County, the requirements of the latter shall prevail, unless otherwise provided by FAA regulations.
Section 3.1.4 – Action on Application
The County may deny any application, reject any bid or proposal, or revoke any existing license as the case may be, if, in its opinion, it finds any one or more of the following:
a. The entity for any reason does not meet the qualifications, standards and requirements established by these rules and regulations; or b. The entity's proposed operations or construction will create a safety hazard, or current operations create a safety hazard on the Airport; or c. The entity has been found in violation of severe or systemic safety violations by the State of Utah, the Federal government, or the County; or d. The granting of the application will require the County to spend funds, or to supply labor or materials in connection with the proposed operations to an extent which the County is unwilling to enter into such an arrangement; or the operation will result in a financial loss to the County; or e. There is no appropriate, adequate or available space or building on the Airport to accommodate the proposed activity of the applicant at the time of the application unless the applicant proposed to construct such facilities or infrastructure; or f. The proposed operation or Airport development or construction does not comply with the approved Airport Master Plan for the Airport; or g. The development or use of the area requested by the applicant will result in depriving existing Operators of portions of the area in which they are operating and no suitable area is available to move the existing operation; or will result in a congestion of aircraft or buildings; or will result in unduly interfering with the operations of any present Operator on the Airport through problems in connection with aircraft traffic or service at the discretion of the Airport Manager and or the Airport Board, or preventing free access to the Operator's area; or h. Any party applying, or interested in the business, has supplied the County with any false information or has misrepresented any material fact in the application or in supporting documents; or has failed to make full disclosure on the application or in supporting documents; or i. Any party applying, or interested in the business, has a record violating these regulations and standards, or the regulations and standards of any other Airport, or the Federal Aviation Regulations or any rules and regulations applicable to the Airport; or j. Any party applying, or interested in the business, has defaulted in the performance of any lease or any other agreement with the County; or k. The entity has intentionally misreported operational numbers to the County, such as the number of flights or passengers, thus resulting in lower fees owed to the county; or
l. Any party applying, or interested in the business, has a credit report containing derogatory information which suggests said applicant does not appear to be a person of satisfactory business responsibility and reputation; or m. The applicant does not appear to have or have access to the operating funds necessary to conduct the proposed operation; or n. Any party applying or interested in the business has been convicted of any crime or violation of any County ordinance, or State or Federal law, of such a nature that it indicates to the Airport Board and the County that the applicant would not be a desirable operator on the Airport; or o. Nothing contained herein shall be construed to prohibit the County from denying, for any reason it deems sufficient, an application to do business on the Airport for the purpose of selling, furnishing or establishing non-aviation products and supplies or any service or business of a non-aeronautical nature, or the application by a person for an area on the Airport for the personal non-profit use of such person.
An entity that has had the County deny their application, reject any bid or proposal, or revoke any existing license as the case may be, will cease all operations at the time of notification from the County of such action. An entity may petition, at their own expense, the Grand County Council for a public hearing to appeal such decision, at which time the elected members of the County Council can hold a vote on said appeal.
Section 3.1.5 – Supporting Documents
All applicants for businesses as defined in Section 3.2 below, shall submit the following supporting documents to the County, together with such other documents and information as may be requested by the County. Applicants must grant the County the authority to conduct a Criminal History Records Check and a current Credit Report. A non-refundable initial application fee is required at time of application submission.
All individuals working for a business at the Airport must be legally allowed to work performing the duties that they are to be employed within the State of Utah and the United States of America.
The Airport Manager, or designee, has the right to verify the relevant certification documents of an entity, or employee of an entity, wishing to perform an aviation-related activity at the Airport. a. A current financial statement prepared or certified by an independent certified public accountant, and certified by the chief financial officer(s) of the intended business. The applicant may request that access to this information be protected from the public. Evaluation of the request will be subject to the statutes currently in effect. The Chair of the Airport Board and the Airport Manager will designate up to three additional
individuals to review the information when an application is received. Upon review of the financial statement, the evaluation committee may require additional information such as bank statements, Profit/Loss statements, etc. b. A written authorization for the FAA, and all Aviation or Aeronautic Commissions, Administrators, or Departments of all States in which the applicant has engaged in aviation business to supply the County with all information in their files relating to the applicant of the operation. The applicant shall execute such forms, releases and discharges as may be requested by any of these agencies. c. A written listing of the assets owned or being purchased which will be used in the business on the airport. d. A current credit report covering all areas in which the applicant has done business during the past five years. The applicant may request that access to this information be protected from the public. Evaluation of the request will be subject to the statutes currently in effect. e. The applicant must disclose any business entities they have participated in as an owner, agent, member, partner, incorporator, manager, managing partner, or in any other corporate capacity. f. All employees, or contractors, shall present documentation to the County or Manager showing that they are legally certified to perform the duties for which they are employed, if deemed necessary by the County or Manager. Employing individuals that are not legally permitted to perform the duties they are employed to do at the Airport can be grounds for the termination of the business’ activities at the Airport.
Section 3.1.6 – Rates & Fees
Rates charged by any operator at its leasehold for hangar space (including T-hangars), tie-downs, products and services shall not be excessive, discriminatory or otherwise unreasonable, and shall be filed with the County whenever subject to change.
All rates are determined by the County Council, and are listed as an appendix of this document. These rates are determined each calendar year.
The County reserves the right to audit the financial activities of a business for the sole purpose of verifying self-reported operations that are directly related to required fees paid to the county. These include, but are not limited to: fuel flowage, landing operations, and concession sales.
Section 3.1.7 – Exterior Advertising & Signs
All signs related to businesses at the Airport must have prior approval of Airport Management before they are displayed at any location on the Airport. All signs must comply with County sign ordinances.
Self-illuminated signs are not permitted on the Airside or Landside of the airport. Temporary banners, flags, etc. are not to be used on the Airport.
The County and Manager reserve the right to require a sign be removed if its appearance becomes deteriorated to the point of negatively reflecting on the Airport or its users.
The County maintains several billboards along Highway 191. These signs are reserved for businesses that maintain commercial activities at the Airport or for departments within the County, or for another County department.
An example of the lease for signs is located as an appendix for this document.
Section 3.1.8 – Flagging or Hawking Prohibited
"Flagging" and/or "Hawking" for the purposes of these regulations is defined as: Any method or means used from any location to attract incoming traffic to either the landside or airside of the airport for the purposes of selling fuel or providing other services (with the exception of the use of fixed signs that are approved by the County, as described in Section 3.1.7).
Section 3.1.9 – Waiver of Minimum Standards Provisions
The County may, at its discretion, waive all or any portion of these rules and regulations and minimum standards for the benefit of any government, governmental agency, or public service entity performing non-profit public services to the aircraft industry, or performing air search and rescue operations, or performing fire prevention or firefighting operations, but only to the extent permitted by the rules of the FAA and the laws of the State of Utah.
Chapter 3.2 – Airport Commercial Operators and Concessions
Section 3.2.1 – Fixed Base Operator
No person shall use the Airport as an FBO until such person has executed a lease agreement approved by the County establishing Airport space lease terms, rental amounts, insurance requirements and other terms and conditions required by the County; has met the qualifications, standards and requirements of these regulations and standards; and has paid the required fees. Due to safety concerns associated with the physical space available on the airside portion of the Airport, only a single entity may operate as an FBO at Canyonlands Field, per Federal regulations. Any change in the number of FBOs allowed on the Airport shall not be allowed without the express written approval of the Airport Board and the Grand County Council.
An FBO shall be a person/operator who carries on or conducts line services which shall include the supplying of fuel and other services. In order to qualify as an FBO at the Airport, the person/operator must provide:
(1) Jet and Aviation Fuel in accordance with NFPA 407 and ATA 103 (as enforced by the airline quality control policies). Fuel service cannot be denied to anyone at the airport for the purpose of airworthy aircraft; it is at the FBO’s discretion as to whether it extends a line of credit to any entity. Fueling vehicles/equipment will be in 100% fully operational status and in complete compliance with the above directives, or they will be stored at the FBO(s) fuel farm. Leaks of any magnitude will not be tolerated and must be reported to the Airport Manager in a timely fashion. Leaking vehicles or fuel storage tanks will be repaired or drained immediately or subject to Fire Department citation, fine and immediate termination of fuel servicing capability. Any person operating fuel servicing equipment or any fuel handling equipment shall be qualified per the ACM and Part 139 and that qualification shall be on file with the Airport Manager. Fuel attendants must participate in line service training programs to enhance fueling safety. Line services will be available at a minimum from daylight to dusk or accommodating the scheduled airline flight schedule, whichever covers the greater span of time. Linemen will be contactable by phone or radio (monitoring CTAF and Unicom) at all times during the above hours. Emergency call out services will be available 24 hours 7 days per week. FBOs may negotiate services for major holidays with the Airport Manager.
(2) Aircraft Charter/Rental Service that shall require the FBO to have a minimum of two serviceable and well maintained aircraft on the Airport at all times, one of which must have at least 4 seats and be IFR capable. The aircraft may be absent from the airport if they are rented, chartered, or in short term (less than 3 weeks) maintenance. All other absences must have a substitute aircraft on the airport until the original aircraft can be returned to service. Aircraft will be fully insured for all commercial uses. Charter Service shall be provided so that the general public can contact and schedule charter flights with no more than 24-hour notice. All Charter services shall be conducted under 14 CFR Part 135. It is mandatory that all charter enplanements be recorded and reported to the
appropriate federal authorities as directed by the Airport Manager. A copy of licenses/certificates must be furnished to Airport Manager.
(3) Ground and Flight Instruction will be available to students to include Private Pilot, and Instrument ratings at a minimum. Aircraft will be made readily available by the FBO to accommodate these requirements. The aircraft will be fully operational. An Instructor will be available for 40 hours per week at the Airport during the normal operating season. The schedule may be flexible to allow the Instructor to accomplish charter pilot duties or other aviation related duties. A copy of licenses/certificates must be furnished to Airport Manager.
(4) The FBO shall provide aircraft maintenance by an aircraft mechanic with inspection authority. The mechanic shall be available on the airport for a minimum of 40 hours per week. The mechanic must have a hangar suitable for the type aircraft typically requiring service at the airport and must possess the tools required to perform the maintenance expected from these aircraft. The mechanic shall be available on call for emergency response to aircraft incidents. A copy of licenses/certificates must be furnished to Airport Manager. The FBO shall have the right to refuse to provide mechanical services to an aircraft or powerplant belonging to any entity if the FBO’s chief mechanic determines that the appropriate maintenance logs are not in compliance with FAA regulations, or if they determine that improper work has been done on the aircraft.
(5) At a minimum, the FBO must provide, Ground Power Unit service, aircraft tow and disabled aircraft removal capability that is capable of handling aircraft rated for the Airport’s ARC classification, a current inventory of charts and navigation aids, commonly expected pilot supplies, and full service amenities to include a pilot lounge with flight planning area. The FBO shall at all times, maintain an adequate supply of the oils and fluids required to serve aeronautical users of the Airport.
(6) All fuel sold by the FBO on Canyonlands Field Airport must be stored in approved fuel tanks located on a leased fuel farm location on the Airport. The FBO shall not place or maintain any fueling facilities on the Airport, mobile or fixed, which are not approved by the County. The FBO shall not deliver fuel into any aircraft unless the fuel has first been placed in a suitable and approved filtration tank. There shall be no fueling direct from a common carrier transport truck into mobile fuel truck or an aircraft on the Airport.
Minimum fuel storage requirements are 12,000 gallons of Jet A and 12,000 gallons of 100LL aviation fuel. The fuel farm and all fuel servicing vehicles are subject to both monthly and random inspection by both the Fire Department and Airport Staff. Construction plans for fuel farm must be reviewed and approved by the County Building Department, Fire Protection District Fire Marshall, and Airport Manager. Minimum fuel delivery truck requirements are 3,000 gallons of Jet A and 1,000 gallons of 100LL aviation fuel. The FBO shall operate mobile fuel trucks only on the areas in which it is requested to provide such service.
(7) The FBO must provide self-serve fuel dispensing equipment with a minimum of 1,000 gallons of 100 LL aviation fuel and a minimum of 1,000 gallons of Jet A fuel. Dispensing location must be approved by County and Airport Manager. Dispensers shall be installed, operated and maintained so as to meet all fire codes, applicable regulations and provide 24 hour a day fuel dispensing capability.
(8) Each FBO must construct a building or lease a building of at least 2,000 contiguous square feet, providing properly lighted and heated floor space for office, public lounge, pilot briefing area, both male and female restrooms, and telephone. Location of building must be in accordance with the latest version of the Airport Layout Plan. Parking space requirements for this facility must comply with County Ordinances.
(9) The FBO will be required to comply with Federal Aviation Regulation Part 139.321, Handling and Storing of Hazardous Substances and Materials. The FBO will be required to comply with the Airport Spill Prevention, Control and Countermeasures (SPCC) Plan and the Airport Stormwater Pollution Prevention Plan (SWPPP), should such plans be adopted.
(10) Fuel Spill Liability Assurance: The FBO will be required to provide the Airport Board/County with a written assurance that it will be solely responsible and fully liable in all regards for any fuel spill occurring at the FBOs location. The FBO will also be required to submit to the Airport Manager a written fuel spill response procedure and a copy of its operating manual.
(11) The FBO shall provide adequate and sanitary handling of all trash, waste and other materials including, but not limited to used oil, sump fuel, and solvents, and comply with all applicable provisions of the Airport’s Stormwater Pollution Prevention Plan.
(12) The FBO shall comply with FAA Advisory Circulars 00-34, Aircraft Ground Handling and Servicing, 150/5210-5, Marking and Lighting of Vehicles Used on Airports, 150/5230-4, Aircraft Fuel Storage, Handling and Dispensing, or applicable local rules and regulations, whichever are more restrictive.
(13) The FBO shall provide adequate equipment and trained personnel during posted business hours to meet public requirements for all ramp services including but not limited to aircraft marshaling and towing, ground power service and lavatory service.
(14) The FBO shall provide service hours that best serve the public requirements, given the seasonal nature of southeastern Utah’s primary economy. Hours of operation may be seasonally adjusted and shall be conspicuously posted. At least one qualified employee shall be on duty during the hours of operation. A change in the hours of operation must be approved by Airport Manager.
(15) A minimum of one ground support vehicles equipped with roof mounted beacon and vehicle mounted CTAF radios must be provided. A minimum of one airline style baggage cart must be provided for the purpose of assisting visiting charter operators to
the airport. A minimum of one courtesy vehicle must be available for use by transient pilots and charter crew members.
(16) All FBO personnel must complete and satisfactorily pass a criminal background check. Any personnel who fail to satisfactorily pass a criminal background check will not be allowed access to the airport. All of the above services shall be provided through resources within the FBO(s) organization. Should the FBO desire to subcontract for one or more of the above services, a legally binding contract must be provided to the Airport Advisory Board for pre-approval. The final approval must be given by the County, in writing, before the contract is considered valid.
All other minimum requirements referenced below in this chapter for independent operators shall apply to FBOs for each functional description the FBO elects to perform. If any of the described services are subcontracted, the subcontractor must meet all these rules and regulations and minimum standards and the service must be provided on site.
The FBO shall furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and shall charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the FBO may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.
Section 3.2.2 – Specialized Aviation Service Operators
All Specialized Aviation Service Operators (SASO Operators) desiring to perform the mentioned services in Section 3.2.1 of this section at the Airport must have approval of the Airport Board and must obtain a valid business license and lease agreement from the County, and must conform to these Rules and Regulations and minimum standards. A non-refundable initial application fee is required at the time of application submission. A non-refundable annual fee is required to provide services on the airport. No Operator or individual shall be allowed to maintain/store aviation fuels at the Airport for commercial sale unless the Operator has a concessionaires license with the County as a full service FBO and complies with the requirements defined in Section 3.2.1 or is a government contract helicopter or Single Engine Air Tanker with fuel on the airport that was not purchased from the FBO. Any commercial fueling of aircraft at the Airport shall be done by an authorized FBO. a. All Operators with their initial application shall furnish to the Airport Board/County:
(1) A copy of the applicable FAA certification documents;
(2) Evidence of insurance in the form of a certificate of insurance.
(3) A current address and telephone number. b. Types of Operator services include: (1) Aircraft sales (2) Parts and accessories sales (3) Charter operations which include, but are not limited to: passenger or "air taxi;" freight, or delivery; aerial survey; agricultural spraying, etc. (4) Aircraft rental (5) Flight instruction or ground schools (6) Maintenance services which shall include services in one or more of the following: (a) Airframe overhaul and repair (b) Engine overhaul and repair (c) Radio and electrical shop (d) Instrument shop (e) Aircraft interior work (f) Refinishing and painting (g) Interior cleaning (7) Aircraft storage, inside and/or outside (8) Specialized commercial activities c. An applicant for an Operator’s lease will specify all services mentioned in paragraph (b) of this section which the applicant desires to conduct on the Airport. An Operator shall carry on or conduct only those services for which he has executed a lease with Grand County. d. In addition to the requirements provided in paragraphs (A) and (B) of this section and any other requirements of these regulations and standards, the Operator shall meet the following minimum qualifications for each of the following respective services that they intend to provide:
(1) Aircraft Sales - The Operator shall provide the office required by these rules and regulations and shall lease from the Airport an area of sufficient size to permit the storage and/or display of inventory aircraft for sale or used in that Operator's aircraft sales business on the Airport.
(2) Parts and Accessories Sales - The Operator must have a lease and provide suitable space for the parts and accessories as needed in the business.
(3) Charter Operations - An Operator shall provide the office required by these rules and regulations; shall comply with the applicable rules and regulations of the FAA; and shall lease from the County an area on the Airport of sufficient size to accommodate all such space needed for the operations.
(4) Aircraft Rental - An Operator shall provide the office required by these rules and regulations and shall lease from the County an area on the Airport of sufficient size to accommodate all aircrafts that will be used at the Airport.
(5) Full-Time Flight Instruction and Ground School - The Operator shall provide an office building of sufficient size to provide a suitable classroom with a minimum of 200 square feet of inside floor space and shall lease from the County an area on the Airport of sufficient size to accommodate such structure and all aircraft used by the Operator for the training; and shall have based on the Airport two or more aircraft suitable for flight instruction which comply with the regulations and standards of the FAA.
(6) Maintenance Services - An Operator shall provide a shop building which is separated by a fire wall from any hangar or building of sufficient size to accommodate the aircraft for which service is intended, together with all tools and equipment and the office required by the rules and regulations which building shall contain a minimum of 1,200 square feet of inside floor space. In addition, the Operator shall equip the shop with such tools, machinery, equipment, parts and supplies normally necessary to conduct a full-time business operation in connection with the maintenance service being offered. Such shop shall be staffed by mechanics and personnel who are qualified and competent and who hold any and all certificates necessary from the FAA or UDOT- Aeronautics. Such maintenance and repair services shall be conducted on a regular basis and shall be open for repairs daily during normal business hours with competent personnel on duty. In addition, the Operator shall lease from the County an area on the Airport of sufficient size to accommodate such buildings and to provide an access area and storage area to accommodate aircraft used by the Operator, or which are placed with him for repairs. Aircraft may be stored in the shop building.
(7) Aircraft Outside Storage - The Operator must hold a lease to provide suitable space for paved tie-down area of sufficient size to accommodate all aircraft used by the Operator in its operations at the Airport.
(8) Aircraft Inside Storage - The Operator shall provide a storage building of sufficient size to accommodate stored aircraft. It may have an office in the storage building. If no office is maintained, the Operator shall post in conspicuous places on the hangar facilities the name, address and telephone number of the Operator and of the person who shall be managing or operating the hangar facilities. The operator shall have an area of sufficient size to accommodate the building with proper access. e. Each Operator shall, upon being authorized by the County as the construction of any required physical facilities permits, and subsequent to the execution of a proper lease, as soon as feasible, commence and conduct on a full-time basis all business activities and services. f. Except in cases of an Operator offering T-hangar or inside hangar aircraft storage only, each Operator shall provide and maintain an office which shall be staffed and open to the public during normal business hours of each normal business day of that Operator which shall be the operator's office or place of business on the Airport. These facilities and office shall be kept in a neat, clean and orderly condition and properly painted. The office shall contain adequate floor space for the operation being
conducted. Only one office shall be required of each Operator. The business location must comply with ADA requirements for commercial operators. g. Each Operator approved shall enter into a lease agreement with the County which includes an agreement on the part of Operator to accept, be bound by, comply with and conduct business operations in accordance with these rules and regulations and to agree that the license and authority to carry on business at the Airport shall be subject to the terms and conditions set out in these regulations and standards and the relocation or termination thereof as herein provided. h. Unless otherwise provided by the County, operations of the Operator shall be conducted on one area of sufficient size to accommodate services for which the operator holds a lease allowing for future growth and additional services as contemplated by the County, or the applicant, at the time of application, to the extent however, that space is available at the Airport. i. For an Operator to qualify for approval, it must have available sufficient operating funds to conduct the proposed business. j. An Operator shall cooperate with the County in the operation, management and control of the Airport and shall do all things reasonable to advance or promote the Airport and aeronautical activities thereon and to develop the Airport into an attractive, efficient and modern facility. k. All complaints against any Operator for violation of these regulations and standards shall be filed with the County and made in writing, signed by the party submitting the complaint and specifying dates, times, and witnesses, if any. l. The Operator agrees to indemnify, defend, and hold the County, its authorized agents, officers, representatives, and employees from and against any and all actions, penalties, liability, claims, demands, damages, or loss resulting from claims or court actions, whether civil, criminal or in equity, and arising directly or indirectly out of acts or omissions of the Operator, its agents, employees, servants, guests, or business visitors. m. To guarantee performance of paragraph (L.) above, the Operator shall secure, at the Operators’ expense, public liability and property damage insurance on which the County shall be named as an additional insured. Such policies of insurance shall be maintained in full force and effect during all terms of existing leases and agreements or renewals or extensions thereof. Such policies shall be with an insurance company licensed to do business in the State of Utah. Copies of all such policies of insurance shall be delivered to the County and shall be held for the benefit of the parties as their respective interests may appear. The amounts of said insurance shall not be deemed a limitation on the Operator's liability to the County. n. The Operator shall furnish all services authorized or licensed by the County on a fair, and non-discriminatory basis to all users thereof and shall charge fair, reasonable and
non-discriminatory prices for each unit of service; provided that the Operator may make reasonably and non-discriminatory discounts, rebates. o. The County may, at its discretion, terminate any lease or other agreement authorizing the Operator to conduct any services or businesses at the Airport, which said termination shall automatically revoke the Operator's lease, for any cause or reason provided in these rules and regulations, or by law, and in addition thereto, upon the happening of any one or more of the following:
(1) Filing of a petition voluntarily or involuntarily, for the adjudication of the Operator as bankrupt.
(2) The making of the Operator of any general assignment for the benefit of creditors.
(3) The abandonment or discontinuance of any permitted operation at the Airport.
(4) The failure of the Operator to remedy any default or breach of violations by it or its personnel in keeping, observing, performing, and complying with these regulations and standards and the terms, covenants, conditions in any lease or agreement entered into pursuant hereto on the part of the Operator to be performed, kept, or preserved, within 15 days from the date written notice from the County has been mailed to or delivered to the place of business of the Operator at the Airport.
(5) The failure to promptly pay to the County, when due, all rents, charges, fees and other payments which are payable to the County by the Operator.
(6) The Operator, or any partner, officer, director, employee or agent thereof commits any of the following: (a) Repeatedly violates any of these rules and regulations; or (b) Engages in unsafe or reckless practices in the operation of an aircraft on or in the immediate vicinity of the Airport which creates a hazard to the safety of the Airport users, other aircraft, or the general public, or endangers property, or which could, if an emergency developed, foreseeably result in causing personal injuries or death to a person or damage to property; or (c) Operates the business of the Operator in such a fashion as to create a safety hazard on the Airport for other Airport users, aircraft or property at the Airport, the general public or the Airport, or any pilots, students or passengers.
(7) The discovery that the Operator, through its application, supporting documents, statement before the County, has purposely misrepresented, misstated, falsified, or failed to make full disclosure of required information related to its application for an Operator lease agreement with the County. p. In the event of such termination, the Operator shall forthwith peaceably vacate the Airport and surrender possession of the premises to the County and cease and desist all business operations at the Airport. Should the Operator fail to make such surrender,
the County shall have the right at once and without further notice to the Operator, to enter and take full possession of the space occupied by the Operator at the Airport by force or otherwise, and with or without legal process to expel, oust, and remove any and all parties and any and all goods and chattels not belonging to the County that may be found within or upon the same at the expense of the Operator and without being liable to prosecution or to any claim for damage therefore. Upon such termination by the County, all rights, powers and privileges of the Operator hereunder shall cease, and the Operator shall immediately vacate any space occupied by it under this agreement or any lease or leases and shall make no claim of any kind whatsoever against the County, its agents or representatives by reason of such termination or any act incident thereto. q. In addition to all other rights and remedies provided in these regulations, the County shall have any and all other rights and remedies at law or in equity, including the equitable remedy of injunction, to enforce these regulations and standards, to obtain compliance herewith and to impose the penalties herein provided. r. To the extent necessary to protect the rights and interest of the County or to investigate compliance with the terms of the rules and regulations, the Airport Manager or any authorized agents of the County shall have the right to inspect at all reasonable times all Airport premises together with all structures or improvements and all aircraft, equipment, and all licenses and registrations. s. The Operator shall park and store the aircraft used in its operations and its customer's aircraft on its assigned area only, unless arrangements for such parking with another Operator, the County or the Airport Manager, or the FBO are made.
Section 3.2.3 – Flying Clubs
All flying clubs desiring to base their aircraft and operate on the airport must comply with the applicable provisions of these rules and regulations. However, they shall be exempt from regular Fixed Base Operator requirements upon satisfactory fulfillment of the conditions contained herein. a. The clubs shall be a nonprofit entity (corporation, association or partnership) organized for the express purpose of providing its members with aircraft for their personal use and enjoyment only. The ownership of aircraft must be vested in the name of the flying club or owned ratably by all of its members. The property rights of the members of the club shall be equal and no part of the net earnings of the club will inure to the benefit of any member in any form (salaries, bonuses, etc.). The club may not derive greater revenue from the use of its aircraft than the amount necessary for the operations, maintenance, replacement, and improvement of its aircraft and equipment. b. Flying clubs may not offer or conduct charter, air taxi, or rental of aircraft operations. They may not conduct aircraft flight instruction except for regular members, and only
members of the flying club may operate the aircraft. Any qualified mechanic who is a registered member and part owner of the aircraft owned and operated by a flying club shall be permitted to do maintenance work on the aircraft owned by the club. c. The flying club, with its initial application, shall furnish the governing body a copy of its charter and by-laws, articles of association, partnership agreement or other documentation supporting its existence; a roster, or list of members, including names of officers and directors, to be revised on a semiannual basis; evidence of insurance, number and type of aircraft; evidence that aircraft are properly certificated; evidence that ownership is vested in the club; and operating rules of the club, if applicable. The books and other records of the club shall be available for review at any reasonable time by the County or other representatives of the governing body. d. A flying club must abide by and comply with all Federal, State and local laws, ordinances, regulations and these rules and regulations. e. All flying clubs are prohibited from leasing or selling any goods or services whatsoever to any person or firm other than a member of such club at the airport except that said flying club may sell or exchange its capital equipment. f. A flying club which repeatedly violates any of the foregoing, or permits one or more members to do so, will be required to terminate all operations.
Section 3.2.4 – Independent Flight Instructors
Individuals desiring to perform as "independent" flight instructors and conduct flight training on a limited, part-time basis, and who have obtained appropriate certification from the Federal Aviation Administration (FAA), must comply with the applicable provisions of these rules and regulations. However, they shall be exempt from regular Fixed Base Operator requirements upon satisfactory fulfillment of the conditions contained herein. a. Individual flight instructors with their initial application shall furnish to the County:
(1) A copy of the applicable FAA certification documents;
(2) Evidence of insurance
(3) A current address and telephone number. b. Independent flight instructors must abide by and comply with all applicable federal, state and local laws, ordinances, regulations, and these rules and regulations.
c. Independent flight instructions are prohibited from selling or leasing any material goods or services in direct competition with existing Operator's on the airport other than those services directly related to the conduct of individual flight training. d. Independent flight instructors who repeatedly violate any of the foregoing will be required to terminate all flight training operations on the Airport to which this section applies.
Section 3.2.5 – Personal Aircraft Sales & Leases
Nothing contained herein shall prohibit any individual or business from selling and/or leasing personally or business owned aircraft at their discretion providing that all other applicable rules, regulations and minimum standards contained in this document are complied with.
Section 3.2.6 – Specialized Commercial Activities
The Airport welcomes all forms of recognized aviation activities at the airport. However, several types of aviation activities involve additional specialized needs.
The Airport recognizes that the classification of Canyonlands Field does not require the use of aircraft radios. However, the airport STRONGLY ENCOURAGES the active use of radios for all aircraft operating on and around the Airport, especially those that are listed below.
Section 3.2.6.1 – Glider Operations
Gliders landing on Runway 3/21 must have prior arrangements with Airport Management to facilitate the towing of the aircraft from the movement areas. Prior to stopping rollout, the glider pilot in command must make all reasonable efforts to exit the active runway at one of the seven cross taxiways (A1 – A7).
Due to the layout of the Airport landing surfaces, specifically only a single runway and single parallel taxiway, any glider operation must include a contingency plan to promptly relocate a stationary aircraft from the movement areas to the apron so as to not inhibit the safe operations of other aircraft on the aircraft movement areas.
Section 3.2.6.2 – Parachute Jumping
Skydiving activities, and the aircraft facilitating those activities, are required to maintain applicable training and licensure according to most current FARs, Advisory Circulars, and related publications for skydiving operations. Skydiving operators and private individuals operating out of the airport will follow safety guidelines established by the United States Parachute Association (USPA).
Through all means necessary, skydiving landings should occur on the open space located southeast of the hangers. Any instance of a skydiver landing outside of this area, if the origination of the flight was on the Airport, will be reported to the Airport Manager or designee in a timely manner. Any instance of the deployment of an emergency chute, either through manual release or automatic activation device will be reported to the Airport Manager or designee in a timely manner.
Any commercial parachute jumping business, clubs or organizations desiring to engage in parachute jumping onto the Airport must as a minimum provide the following:
(1) Obtain the written permission of the Airport Manager.
(2) Specify the hours and areas for the drop and have a Notice to Airmen (NOTAM) issued as appropriate.
(3) Membership in the USPA is not required to operate at the Airport, but any skydiving operations at the Airport will comply with the minimum safety standards outlined by USPA.
(4) All contracting tandem instructors will be required to provide evidence of their certification to Airport Manager, if requested.
Section 3.2.6.3 – Paragliders
An individual may operate a paraglider, or other similar powered parachute aircraft at the Airport. All efforts should be made to coordinate such activities with the Airport Manager prior to initiation. Due to the time associated with initial launch and landing of the aircraft, specifically with the layout and collection of the chute, these aircraft should not land on RWY 3/21 so as to not block other aircraft from utilizing the landing area.
Section 3.2.6.4 – Hot Air and Gas Balloons
The pilot in command of a balloon shall make all practical efforts to land to the south of the hangars in the parachute landing area if they need to land on Airport property.
All ground chase crews must be current in Part 139 training to operate vehicles on the airport. Regardless of the final landing location of a balloon, the chase crew must receive prior permission to access any area of the Airport property that goes beyond the ramp areas allowed under Airport 14 CFR 139.329 training.
Any gas balloon utilizing hydrogen gas for inflation will require prior written approval from the Airport Manager, and will arrange appropriate firefighting support.
Section 3.2.6.5 – Casual Aircraft Mechanics
An individual desiring to engage in occasional commercial airframe or powerplant or specialized repair service, must coordinate with the Airport Manager prior to the initiation of services.
Section 3.2.7 – Non-Aviation commercial operators
Airports can be utilized for the conducting of non-aeronautical businesses including, but not limited to, taxi and shuttle services, vehicle rental services, concession vendors. All businesses operating on the Airport must have a contract established prior to initiation of business. All employees are subject to the rules and regulations outlined in this document.
Appendix 1 – Example Ground Lease
Ground Lease Agreement at Canyonlands Field between [______] and Grand County
This Ground Lease Agreement (this “Lease”), is made and entered into as of Month dd, yyyy, by and between Grand County, a municipality of the State of Utah herein after referred to as "County" and [______], hereinafter referred to as "Tenant".
WITNESSETH. County hereby leases and lets to Tenant and Tenant hereby rents from County the premises (hereinafter referred to as “Premises”) located on Canyonlands Field (hereinafter referred to as “Airport”) consisting of (ft’xft’) xxxxxx square feet, more or less, as more particularly described in Exhibit “A” attached hereto.
1. TERM.
The term of this lease shall be for a period of [______] years commencing on [______] and shall expire at midnight on [______]. Tenant shall have the option to renew the term of this lease one (1) time for five (5) additional years as per Article 30 of this Lease.
2. RENT.
(A) Tenant agrees to pay County during the term of this Lease an annual rent of $xxxxx.00, payable in advance upon the execution of this Lease and on [January 1st of each year] or [the annual anniversary of the date first set forth above]. The annual rent payable under this Lease is subject to adjustment and shall be calculated by multiplying the square footage of the Premises times the Base Rate established by County from time-to-time. For purposes of this Lease, the “Base Rate” shall mean the rate established by County and published in the Airport fee schedule. The published Base Rate as of the date of this Lease is [______] per square foot per year. The annual rental installment for any fractional year shall be prorated for any partial year during the term of this Lease. Tenant shall have exclusive use of the Premises during the term of this Lease subject to the terms and conditions herein set forth. Installments of annual rent due pursuant to this Lease shall be remitted to: County Clerk, 125 East Center, Moab, Utah 84532.
(B) Without waiving any other right of action available to County, if Tenant fails to pay any installment of annual rent or any other fee due hereunder within thirty (30) days of the date the said rent or other fee is due, Tenant agrees to pay County a late charge equal to ten percent (10%) of the total said delinquent installment of rent or other fee. Any payments past due more than sixty (60) days shall also have interest added thereon at the rate of twenty percent (20%) per annum.
(C) Tenant acknowledges and agrees that the annual rent due pursuant to this Lease shall increase in accordance with increases in the Base Rate, as established by County from time-to-time (but not more frequently than annually), which increases are anticipated to be not less than the aggregate increase in the CPI Index. As used herein, the “CPI” shall mean the Consumer Price Index - all urban consumers, west region all items (1982-1984 = 100) issued by the Bureau of
Labor Statistics. In no event shall annual rent decrease. In addition, in no case shall square footage cost be less than the initial Base Rate per square foot set forth above.
3. USES AND PRIVILEGES OF TENANT
(A) Tenant shall use the Premises solely for the construction, operation, repair and maintenance of a private aircraft hangar or other similar structure intended and used for: a. the storage of private aircraft and related tools and equipment, and/or b. the storage or aircraft for the operation of a licensed business, and/or c. the operation of an aviation-related business.
(B) Tenant is hereby granted during the term of this Lease a revocable license to use, in common with others similarly authorized, all Public Airport Facilities and improvements which are now or may hereafter be connected with or appurtenant to the Airport, except as hereinafter provided. As used herein, the term "Public Airport Facilities” shall include, but not necessarily be limited to, approach areas, runways, taxiways, public aprons, aircraft and automobile parking areas, terminal facilities, or other public facilities appurtenant to the Airport.
(C) Tenant is hereby granted during the term of this Lease the right to pedestrian and vehicular ingress to and egress from the Premises over and across public roadways serving the Airport for Tenant, its employees, representatives, agents, patrons, guests and suppliers, subject to such nondiscriminatory and lawful ordinances, rules and regulations as now or may hereafter have application at the Airport. It is understood and agreed that County hereby retains the right of ingress and egress over, through and across the Premises at any time for purposes of inspection and such other needs as County may have in connection with the operation of the Airport.
(D) Tenant hereby acknowledges and agrees to meet any minimum standards established by County related to the construction of a hangar or other similar structure on the Premises and to abide by and follow such rules and regulations for the Airport as established, adopted or amended by County from time-to-time and that this Lease this Lease is subordinate to any and all such standards, rules and regulations.
(E) County reserves for itself, its successors and assigns, the right to prevent any use of the Premises which would interfere with aircraft landing on or taking off from the Airport and the right to prevent any other use of the Premises or the Airport that would constitute an airport hazard.
4. SIGNS
(A) Tenant shall not, without the prior written approval of County, erect or display any sign on the Airport, the Premises or any hangar or other structure constructed thereon. The term “sign” as used herein, shall mean advertising signs, billboards, identification signs or symbols, posters or other similar devices.
(B) Prior to erection, construction or placing of any sign on the Airport, the Premises or any hangar or other structure constructed thereon, Tenant shall submit to County for approval, drawings, sketches, and dimensions of such signs which shall be in accordance with duly adopted Airport Sign Standards or any applicable standards in County’s Land Use Code. Any conditions,
restrictions, or limitations with respect to the use of such signs as are stated by County in writing shall become conditions of this Lease.
5. IMPROVEMENTS
(A) Tenant shall have the right to construct a private aircraft hangar on the Premises as described in ‘Exhibit A’. All construction plans and specifications for any future remodeling, including site work such as ramp access, shall conform in all respects to the architectural requirements of County ordinances, building codes and regulations of County and such other authority as may have jurisdiction over the Premises or Tenants operations thereon. Prior to any construction, Tenant shall have a geo-technical engineer prepare a soil report. Tenant shall submit the soil report to County for approval, together with plans, drawings, sketches designs and specifications for all construction activity on the Premises, including landscaping. Tenant shall ensure that all improvements constructed on the Premises shall be in accordance with the recommendations contained in the soil report and the plans and specifications approved by County. The approval given by County shall not constitute a representation or warranty as to such conformity with zoning laws, regulations or building codes; responsibility therefore shall at all times remain with Tenant.
(B) Tenant agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations, as amended from time to time, in the event any future structure or building is planned for Premises, or in the event of any modification or alteration of any future building or structure situated on the Premises. If Tenant fails to complete the construction of the improvements within a reasonable period after having commenced construction (not to exceed [_____] months from the date Tenant commences construction of such improvements), Tenant shall, at its sole cost and expense, if requested by County, cause such incomplete improvements to be removed from the Premises.
(C) Prior to the construction of any improvements, and as a condition to obtaining County’s approval of tenant’s plans as set forth above, Tenant shall obtain and provide to County a security deposit, letter of credit, bond from a surety company acceptable to County, or other security acceptable to County (the “Deposit”). The Deposit shall be in an amount sufficient to cover the costs and expenses of removing the improvements from the Premises in the event Tenant fails to complete construction of the improvements and remove the same, and County will be entitled to apply the Deposit to such costs of removal. The Deposit shall not be released until construction of the improvements is complete.
6. TITLE TO PREMISES; TENANT FINANCING
(A) Upon the expiration or earlier termination of this Lease in accordance with its terms, all improvements to the Premises shall automatically vest in, revert to and become the sole property of County without compensation to, or requirement of consent or other act of Tenant and without the necessity of executing a deed, bill of sale, conveyance or other act or agreement of Tenant, and without any payment of any kind or nature by County to Tenant or to any other person, including any Leasehold Mortgagee (defined below) or other lender who has a lien against all or any portion of Tenant’s interest in this Lease or in the said improvements. Tenant shall thereafter have no further rights thereto or interest therein, and shall make no representation or warranty to County with respect to the condition thereof; provided that such
improvements shall be surrendered to Landlord in the condition in which Tenant is required to maintain them under this Lease, reasonable wear and tear excepted, and free and clear of all liens and encumbrances. Except as otherwise provided by this Lease, Tenant shall not remove any improvements from the Premises, nor waste or destroy any improvements. Upon or at any time after the date of the expiration or earlier termination of this Lease in accordance with its terms, if requested by County, Tenant shall, without charge to County, promptly execute, acknowledge and deliver to County a deed and bill of sale (in form and content acceptable to County) which (i) conveys all of Tenant’s right, title, and interest in and to the Premises and improvements; (ii) assigns all contracts designated by County, if any, relating to the operation, management or maintenance of the Premises or any part thereof; and (iii) conveys or assigns, as the case may be, all plans, records, registers, permits, and all other papers and documents which may be necessary or appropriate for the proper operation and management of the Premises.
(B) Tenant shall have a right to place a mortgage, deed of trust or other security interest (a “Leasehold Mortgage”) on Tenant’s interest in the improvements constructed by Tenant and Tenant’s leasehold interest in the Premises. Such Leasehold Mortgage shall not encumber County’s fee interest in the Premises or County’s reversionary interests in the improvements. Such Leasehold Mortgage shall be subject to the terms and conditions of this Lease and shall not modify any of the provisions of this Lease. In the event the holder of a Leasehold Mortgage (a “Leasehold Mortgagee”) seeks forecloses on the interests subject to the Leasehold Mortgage, County will recognize the purchaser at a foreclosure sale as the Tenant hereunder so long as such purchaser cures (i) any monetary defaults of any prior Tenant within thirty (30) days of such foreclosure, and (ii) all non-monetary defaults of Tenant within sixty (60) days of such foreclosure. Nothing herein shall permit a Leasehold Mortgagee or any purchaser at a foreclosure sale to remove any improvements from the Premises.
7. TAXES AND LICENSES
Tenant shall pay on or before the last date on which payment therefore may be made without penalty or interest, and regardless of whether Grand County is a party thereto, all taxes, assessments, licenses and charges levied against Tenant's personal property, and all licenses and permits necessary for Tenant's operations under Federal or State statutes or local ordinances, insofar as they are applicable to Tenant’s operations or use of the Premises at the Airport (hereinafter called "Impositions"). Tenant may protest by appropriate proceedings in good faith and at its expense, the existence, amount, or validity of any Imposition and the extent of Tenant's liability therefore. Tenant agrees to indemnify County and hold County harmless from any and all losses, judgments, decrees, costs, (including reasonable attorney's fees), claims or demands for payment of any such Impositions or arising from Tenant's contest thereof.
8. NET LEASE
This Lease shall be without cost to County for the maintenance or operation of Premises. Tenant represents that Tenant has inspected the Airport, all its premises and facilities and that Tenant accepts the condition of the same and fully assumes all risks incident to the use thereof. It shall be the sole responsibility of Tenant to develop, maintain, repair and operate the entirety of the Premises and all improvements and facilities thereon at Tenant’s sole cost and expenses.
9. REPAIR AND MAINTENANCE
(A) Tenant shall not permit rubbish, debris waste material or anything unsightly or detrimental to health, or likely to create a fire hazard, or conducive to deterioration, to remain on any part of the Premises or to be disposed of improperly. Tenant agrees to maintain the hangar and any and all other structures upon the Premises, as well as the landscaping adjacent to the hangar or other structure in a way that will reflect positively on the overall appearance of the Airport. County shall not be required to repair or maintain the Premises in any way. Tenant expressly waives the right to make repairs at the expense of County provided for in any statute or law now in effect or hereafter enacted.
(B) If Tenant fails to make any repairs or do any work required of it under the terms of this Lease within thirty (30) days after written notice of the need therefore has been given by County to Tenant, County may cause to be performed such work for the account and at the expense of Tenant. All sums so expended by County, together with twenty (20%) percent of cost for administration, shall be paid by Tenant to County on demand.
10. ALTERATIONS AND ADDITIONS
Tenant may install, place and erect upon the Premises any equipment, fixtures or other personal property related to use of the Premises in only those areas described in Exhibit “A”. Tenant may at any time and from time to time make such changes, alterations, and additions, structural or otherwise, to the Premises or such substitutions and replacements thereof as Tenant deems advisable; provided however, no such alterations, additions, installations, placement, erection or changes exceeding $10,000.00 in cost shall be made without the prior written approval of County. All such alterations, additions, installations, placement, erections or changes shall be subject to Article 5 herein. All other fixtures, equipment and personal property, whether or not affixed or attached to the Premises, shall be and remain the property of Tenant and Tenant may remove the same from the Premises at any time during the term of this Lease. Tenant shall, at its own expense, repair any and all damage done to the structure by such removal. Tenant shall be responsible for, at its own expense, repair and upkeep of such equipment, fixtures and other personal property.
11. UTILITIES
(A) Tenant agrees to pay all charges for electricity, water, sewer, trash removal and other utilities used by Tenant on the Airport at such rates as may be from time to time established by County or applicable service provider and County assumes no responsibility for such utilities.
(B) County will provide a utility easement for service lines to the Premises in a location acceptable to County. Tenant shall be solely responsible for bringing all utility lines to Premises and shall provide separate meters for each of Tenant’s utilities. County or future Airport tenants shall be able to connect to the utility lines that are installed by the Tenant without compensation.
12. FIRE EXTINGUISHERS
It is understood and agreed that Tenant will at its own expense install and maintain fire extinguishers or other fire suppression systems or equipment as is required by federal, state, and local laws. Said fire
extinguishers and other equipment shall meet all applicable requirements, and shall be of such number and capacity as to adequately safeguard the Premises against fire hazards.
13. INDEMNIFICATION
County, its officers, representatives, agents and employees shall not be responsible or liable for, and Tenant agrees to indemnify, release and defend County, its officers, representatives, agents and employees from and against all claims, damages, expenses, liabilities and judgments: (a) for injury to persons, loss of life or damage to property occurring on the Premises (including property and officers, employees and agents of County); (b) arising from Tenant's operations and other use of the Premises or the Airport pursuant to this Agreement; (c) for workers compensation claims; and (d) for acts and omissions of Tenant's officers, employees, representatives, agents, servants, invitees, patrons, customers, subtenants contractors, subcontractors, successors, assigns, suppliers, and all other persons doing business with Tenant (excluding County, its officers, employees, representatives, and agents). Tenant shall not be liable for damage or injury occasioned by the negligence of County, its designated agents, servants or employees. Tenant's liability under this paragraph shall be reduced by the proceeds from any insurance carried by Tenant to the extent that such proceeds are applied toward payment of such claims, damages, expenses, liabilities and judgments.
14. INSURANCE
(A) Throughout the term of this Lease, Tenant, at its sole cost and expense, shall provide and keep in force for the benefit of County and Tenant: (a) comprehensive [Commercial General Liability/Aviation Liability] insurance on an “occurrence” basis, including property damage, bodily injury and personal injury with limits no less than two million dollars ($2,000,000.00) per occurrence; (b) Commercial Automobile Liability Insurance with limits no less than one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage for owned, non- owned and hired vehicles used in the operation of Tenant’s business, if any; (c) Workers’ Compensation Insurance as required by the State of Utah, with statutory limits, and (d) property insurance against all risks of loss to any tenant improvements, including any hangar or other structure constructed on the Premises, at full replacement cost with no coinsurance limits maintained. The limits of insurance shall not in any manner impair the obligations of Tenant to indemnify, protect, defend and hold harmless County as specified in this Lease. Tenant shall provide Lessor with a Certificate of Insurance evidencing Tenant’s compliance with the requirements of this paragraph upon execution of this Lease.
(B) Any insurance policy shall be written by insurance companies authorized to do business in the State of Utah and shall be written by companies approved by County, such approval not to be unreasonably withheld. Certificates of insurance shall be delivered to County at least ten (10) days prior to the effective date of the insurance policy for which the certificate is issued. Each such certificate shall contain (a) a statement of the coverage provided by the policy; (b) a statement certifying County is listed as an additional insured in the policy; (c) a statement of the period during which the policy is in effect; (d) a statement that the annual premium or the advance deposit premium for such policy has been paid in advance; and (e) an agreement by the insurance company issuing such policy that the policy shall not be canceled or reduced in amount for any reason whatsoever without at least thirty (30) days' prior written notice to County.
15. OBLIGATIONS OF COUNTY
(A) Clear Title. County covenants and agrees that at the granting and delivery of this Lease it is well seized of the Premises and has good title thereto and that County has full right and authority to lease the same. County agrees that Tenant, upon paying the annual rent and other fees due hereunder and performing the other covenants and obligations of this Lease to be performed by Tenant, shall peaceably and quietly have, hold and enjoy the Premises for the full term of the Lease and as the same may be extended as hereinafter provided.
(B) Operation as Public Airport. County or its successor covenants that it will operate and maintain the Airport as a public airport consistent with and pursuant to the Sponsor's Assurances Agreement given by County to the United States Government under the Federal Airport and Airway Development Act.
(C) Approval of Plans. In the review and approval of Tenant’s plans for construction, installation or modification of improvements or of subsequent alterations, as herein set forth, County agrees to act promptly and reasonably upon requests of approval for any plans, changes or alterations thereto.
(D) Maintenance of Airport. County reserves the right to develop, improve, and maintain all Public Airport Facilities as County shall see fit. County shall, throughout the term hereof, maintain all public areas and facilities, such as access roads on the Airport, in good and adequate condition for use by cars and trucks, and shall maintain clear and uninterrupted access to the parking area over said access areas and roads; provided, however, County may, at any time, temporarily or permanently, close any roadway or right of way for such access, ingress or egress whether inside or outside the terminal building, or any other area at Airport, in its environs presently or hereafter used as such, so long as a means of access, ingress and egress reasonably equivalent to that formerly provided, and not adverse to Tenant's continued use and enjoyment of the Premises is substituted therefore and is concurrently made available therefore. Tenant understands and agrees that there may be inconveniences caused by inclement weather and construction or renovations of buildings and roadways, and Tenant hereby releases and discharges County from any and all claims, demands or causes of action which Tenant now or any time hereinafter may have against County arising or alleged to arise out of the closing of any right of way or other area used as such, whether within or without Airport. If Tenant shall damage any facility of the Airport, including but not limited to hangars, buildings, runways, taxiways, roads, utility extensions, lighting, signs, towers, signs or any other similar facility, Tenant shall be obligated to pay the necessary and reasonable cost of repairs to County without regard to whether or not said damage is caused by negligence on the part of Tenant.
16. COUNTY'S RESPONSIBILITY TO TENANT'S PROPERTY
It is further understood and agreed that County assumes no responsibility for damage or loss that may occur to Tenant's property on the Premises, and the only obligation County assumes is that it will not negligently or willfully and intentionally damage the property of the Tenant.
17. DAMAGE OR DESTRUCTION
If any portion of the structure on the Premises or the appurtenances thereto shall be damaged or destroyed by a fire or any other cause, and this Lease is not terminated as hereinafter provided, Tenant shall at its expense, remove the debris within sixty (60) days and restore the structure to a complete architectural unit within one (1) year. Should such damage or destruction (a) exceed $10,000.00 or (b) result from a cause not covered under standard extended coverage insurance, Tenant may, not later than sixty (60) days after the date of such damage or destruction, elect to terminate this Lease by giving notice to County, such termination to be effective not later than one hundred and twenty (120) days after the date of such damage or destruction. Tenant shall have the option to repair such damage or destruction and if Tenant elects to repair such damage or destruction, Tenant shall pay the excess over the insurance proceeds to complete such repair in conformance with Article 5. In the event of such damage or destruction, Tenant shall be entitled to all property salvaged from the Premises prior to the expiration of this Lease and if terminated, Tenant shall not be required to restore any structures on the Premises, but upon request from County, Tenant shall raze and remove all structures on the Premises and safely cap all utilities on the Premises within thirty (30) days of request. If this Lease is not so terminated, it shall continue and Tenant shall not be entitled to any reduction of abatement of rent.
18. RELOCATION OF PREMISES
(A) County may, to conform to the Master Plan for the Airport, at its option, relocate the Premises covered by this Lease to another part of the Airport upon sixty (60) days prior written notice to Tenant, at any time during the term of this Agreement; provided that such right to relocate shall not treat Tenant less favorably than other tenants of County similarly situated. At the time of such relocation, County shall purchase from Tenant at fair market value as determined by appraisal performed by a local appraiser acceptable to both Tenant and County, all fixed improvements on the Premises. In the event that the Premises is relocated, County shall provide Tenant with a similarly sized leased space, in a location generally comparable with adequate access to airplanes, motor vehicles and pedestrians to and from the new structures, runways, taxiways, and from adjacent streets and sidewalks, and the Tenant may not surrender possession of the original structure until they have constructed a new structure or one (1) year after the purchase of the structure, whichever comes first. No termination, whether by County or Tenant, shall be effective until Tenant has received payment for structure as provided above.
(B) County shall also have the right upon (60) days prior written notice to Tenant, at any time during the term of this Lease or as the same may be extended, to make such minor alterations of the parking area as are reasonable, provided that (a) County shall not treat Tenant less favorably than other tenants of County similarly situated, (b) such alterations shall be at no cost to Tenant, (c) no such alterations shall deprive Tenant of any portion of the Premises or any rights of use thereof as granted by this Lease. Upon such alterations, County agrees to furnish Tenant with a new plot plan and legal description and the rent under this Lease shall be reduced to the extent Tenant is deprived of the use or benefit of any portion of the Premises or of any rights under this Lease.
19. DEFAULT
If any one or more of the following events (herein called default) shall happen and be continuing, namely; (a) Tenant shall fail to pay annual rent or any other fee or other sum of money to County when the same is due and such failure continues for sixty (60) days after County has given Tenant written
notice specifying the amount due; (b) Tenant shall file a voluntary petition in bankruptcy or a petition or answer seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution or other relief of the same or different kind under any provision of the Bankruptcy Code or Tenant shall make an assignment for the benefit of creditors; (c) an involuntary petition in bankruptcy against Tenant or petition or answer made by a person other than Tenant seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution or other relief of the same or different kind under any provision of the Bankruptcy Code is filed, or if a receiver is appointed having jurisdiction of the business property or assets of Tenant on the Premises and, in any such event, if Tenant shall not properly commence and expeditiously pursue action to dismiss any such involuntary petition or answer or to vacate such receivership, or, if after diligently exhausting Tenant's remedies, such petition shall not be dismissed or the receivership vacated within ninety (90) days; or (d) if Tenant shall abandon or vacate the Premises for a period of sixty (60) days; then, in any of such events, County shall have the immediate right to expel Tenant or any person, or persons occupying the Premises, with or without legal process, and in any such event, Tenant agrees to peaceably and quietly yield up and surrender the Premises to County.
20. CANCELLATION BY TENANT
This Lease shall be subject to cancellation by Tenant after the happening of one or more of the following events:
(A) The permanent abandonment of the Airport for general aviation.
(B) The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part or parts thereof, in such a manner as to substantially restrict Tenant for a period of at least ninety (90) days from operating thereon.
(C) Issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of the Airport.
(D) The default by County in the performance of any covenant or agreement herein required to be performed by County and the failure of County to remedy such default for a period of thirty (30) days after receipt from Tenant of written notice to remedy the same. If the nature of the default is such that it cannot be cured within thirty (30) days, County shall be deemed to have cured such default if it, or its nominee, shall, within such thirty (30) day period, commence performance to cure default and thereafter diligently prosecute the same to completion.
(E) Tenant may exercise such right of termination by written notice to County at any time after the lapse of the applicable periods of time and this Agreement shall terminate as of that date. Annual rent and other fees due hereunder shall be payable only to the date of said termination.
21. RIGHTS UPON TERMINATION
Upon termination of this Lease for any reason, including expiration of the full term of said Lease, and any extensions or renewal, County may require Tenant to remove any structures Tenant has title to from the Premises. Said removal shall occur at Tennant’s expense and shall be complete, including the capping of all utility services as prescribed by County at time of removal. Removal shall be complete and
acceptable to County within four (4) months from the date of termination of this Lease. If Tenant elects to remove said structure as per this paragraph, such removal shall not commence until the Tennant posts a bond with County in an amount to be mutually agreed upon, but in any case sufficient to indemnify County against any costs that might be incurred by County if Tennant shall for any reason fail to complete the removal of said structure and the cleanup of the Premises within four (4) months of said termination of this Lease.
22. NON-DISCRIMINATION
Tenant does also hereby agree to comply with the following provisions as required and amended from time to time by the FAA:
(A) The Tenant for himself, his 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 no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the construction of any improvements on, over or under the Premises.
(B) 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 21, Non Discrimination in Federally Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and such provisions of said regulations as may in the future be amended.
(C) That in the event of failure to correct any breach of any of the non-Discrimination covenants pursuant to Part 21 of the Regulations of the Office of the Secretary of Transportation, County shall have the right to terminate this Lease and to re-enter and repossess said land and the facilities thereon and hold the same as if said Lease had never been made or issued.
23. SPONSOR'S ASSURANCES
This Lease shall be subordinate to the provisions of any existing or future agreements between County and the United States Government, relative to the operation and maintenance of the Airport, the execution of which has been or will be required as a condition precedent to the granting of Federal funds for the development of the Airport to the extent that the provisions of any such existing or future agreements are generally required by the United States at other civil air carrier airports receiving Federal funds and provided that County agrees to give Tenant written notice in advance of execution of such agreements of any provisions which will modify the terms of this Lease.
24. RIGHT OF FLIGHT
Tenant understands and agrees that County reserves the right of flight for the passage of aircraft above the surface of the Premises in accordance with Federal Aviation Administration criteria, and such right of flight shall include the right to cause in such airspace such noises as may be inherent to the operation of aircraft now known or hereinafter used for navigation of or flight in the air; and that County reserves the right to use such airspace for landing at, taking off from or operating aircraft on or over said Airport.
25. NOTICE AND PLACE FOR PAYMENT OF FEES
Any notice or demand of any kind which County may be required to serve on Tenant under terms of this Lease, may be served upon Tenant (as an alternative to personal service upon Tenant) by mailing a copy thereof by certified or registered mail, return receipt requested, addressed to:
[______] [______] [______] Phone; [______] Email: [______]
Or at any other such place as Tenant may designate to County in writing. Any notice or demand of any kind which Tenant may be required or desire to serve upon County under terms of this Lease, may be served upon County (as an alternative to personal service upon County) by mailing a copy thereof by certified or registered mail, return receipt requested, addressed to:
Grand County Clerks/Auditor 125 East Center St Moab, Utah 84532
Or at any other such place as County may designate to Tenant in writing. Fees shall be paid to County at the address set forth in this Article 2. No successor to County's interest shall be entitled to receive Fee payments until Tenant shall have been furnished with (a) a letter signed by the grantor of such interest setting forth the name and address of the person entitled to receive such rent; and (b) a photo static copy of the deed or other instrument by which such interest passed.
26. BOARDS RIGHT TO INSPECT
Tenant agrees that County may inspect the Premises at any reasonable time with respect to fire prevention and to determine the use for which the Premises are being utilized. For this purpose, Tenant agrees to furnish designated County representative with access to Tenant’s hangar or other structures on the Leased Premises, and upon notice form County, correct any condition which constitutes a fire or health hazard or unauthorized use of the Premises.
27. HOLDING OVER
In the event Tenant shall hold over and remain in possession of the Premises after the expiration of the Lease, without any written renewal thereof, such holding over shall not operate as a renewal or extension of this Lease but shall only create a tenancy from month to month, which may be terminated at any time by County. Rent due during such period of holdover shall be 150% of the annual rent due for the year prior to the termination of this Lease.
28. COMPLIANCE WITH LAWS
Tenant agrees to abide by and conform to all of the Airport regulations, County policies, County ordinances, and actions by the Grand County Council, County and State and Federal Laws and regulations pertaining to operations and activities of Tenant at or upon the Airport, whether now in effect or hereinafter enacted. County agrees that such rules, regulations, ordinances and actions will not
treat Tenant less favorably than those similarly situated as Tenant at the Airport. Tenant agrees that if it fails to correct violations of any such Airport rules and regulations, County policies, County Ordinances, actions by the County Council , State or Federal laws pertaining to Airport fire, health and safety within a reasonable time after actual notice of violation thereof from County, County may, in addition to any other remedies provided by law, statute or in equity, after reasonable time and notice, cause such violations to be cured for the account and at the expense of Tenant, and all sums so expended by County together with twenty (20%) percent for cost of administration shall be paid by Tenant on demand or cause this Lease to be cancelled.
29. ASSIGNMENT AND SUBLETTING
The Tenant shall not assign, transfer, sublet, pledge, hypothecate, surrender or otherwise encumber or dispose of this Lease or any estate created by this Lease or any interest in any portion of the same, or permit any other person, or persons, company or corporation to occupy the Premises without the prior written consent of County being first obtained and such must be made subject to the terms and conditions of this Lease. Such written consent shall not be unreasonably withheld, conditioned or delayed.
30. RENEWAL OPTION
Tenant has option to renew this Lease one (1) time on the same terms and conditions for a period of five (5) additional years by giving notice in writing to County no less than thirty (30) days prior to the expiration of the Lease term.
31. COSTS AND ATTORNEYS' FEES
The parties agree that in the event of default, the defaulting party agrees to pay all reasonable costs and attorney’s fees and expenses in enforcing this Lease. Any action commenced concerning the provisions of this Lease shall be in Grand County, Utah.
32. MISCELLANEOUS PROVISIONS
(A) The various rights and remedies herein contained and reserved to each of the parties, shall not be considered as exclusive of any other right or remedy of such party but shall be construed as cumulative and shall be in addition to every other remedy now or hereinafter existing at law, in equity or by statute. No delay or omission of the right to exercise any power or remedy shall be construed as a waiver of any default or nonperformance or as acquiescence therein.
(B) Nothing herein contained nor any acts of the parties hereto shall be deemed or construed by the parties hereto or by any third party as creating the relationship of principal and agent or of partnership or of joint venture between the partied hereto, it being understood and agreed that the relationship between the parties hereto is that of landlord and tenant.
(C) It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308(a) of the Federal Aviation Act of 1958, as amended.
(D) The headings of the several articles and sections contained herein are for convenience only and do not define, limit or construe the contents of such articles and sections. When required by the context, the singular shall include the plural and the neuter gender shall include the feminine and masculine genders and shall include a corporation, firm or association.
(E) All negotiations and oral agreements acceptable to both parties have been incorporated herein. This Lease may not be amended or modified by any act or conduct of any of the parties or by any oral agreement which is not reduced to writing.
(F) This Lease has been made in and shall be construed in with the laws of the State of Utah.
(G) All rights and obligations of the parties under this Lease shall bind and the benefits shall inure to their respective heirs, representatives, successors and assigns.
Witness the hands of the parties the day and year first above set forth.
ATTEST: ______XXXXXXX, (owner) Date
ATTEST: ______XXXXXXX, Grand County Council Chair Date
ATTEST: ______
XXXXXXXXX, County Clerk Date
Attached: Exhibit “A” Description of Lease Area
4846-9703-5567, v. 2
Appendix 2 – Example Commercial Sub-Lease SUBLEASE TO PRIME GROUND LEASE FOR USE AT CANYONLANDS FIELD AIRPORT
THIS SUBLEASE is made and entered into this _____ day of ______, 20___, by and between ______(“Landlord”) and ______(“Tenant”). This sublease is required under the Prime Lease that the above “Landlord” has with Grand County as outlined in Paragraph 29 of the Prime Lease, and must be approved by Grand County prior to occupying property.
1. BASIC SUBLEASE PROVISIONS.
A. Property Address: [______] W. Aviation Way Canyonlands Field Airport Moab, UT 84532
B. Tenant: Contact Name: ______Address: ______Phone 1: ______Phone 2: ______Email: ______
C. Landlord’s Address: [______] Address: [______] [______] [______] [(___) ___-____] Email: ______
D. Sublease Term: ______
E. Description of Premises: Exhibit ‘A’
F. Prime Landlord: Grand County, UT
G. Prime Landlord’s Address (for notices): County Clerk Grand County 125 East Center Moab, UT 84532
2. PRIME LEASE.
Landlord is the tenant of the Property under the Prime Lease described above, a copy of which is available on request. Landlord represents and warrants to Tenant that (a) the Prime Lease is, as of the date hereof, in full force and effect, and (b) no event of default has occurred under the Prime Lease and, to Landlord’s knowledge, no event has occurred and is continuing which would constitute an event of default but for the requirement of the giving of notice and/or the expiration of the period of time to cure.
3. SUBLEASE.
Landlord, for and in consideration of the rents herein reserved and of the covenants and agreements herein contained on the part of the Tenant to be performed, hereby subleases to the Tenant, and the Tenant accepts from the Landlord, the area described above in Section 1(E). The Tenant is subject to all terms and conditions of the Prime Lease.
4. TERM.
The term of this Lease (hereinafter “Term”) is as stated above in Section 1(D). The term of this sublease shall not exceed the term established in the Prime Lease.
5. POSSESSION.
Landlord agrees to deliver possession of the Premises on or before the initial date of the Term in good repair and suitable condition for the uses permitted below.
6. TENANT’S USE AND ACCESS.
The Premises shall be used in accordance with activities described in Paragraph 3 of the Prime Lease. Landlord and Prime Landlord shall have the right of access to the Premises without prior notice to inspect the same to confirm that Tenant is using the Premises in accordance with this Sublease and the Prime Lease.
7. RENT.
By execution hereof, Landlord acknowledges receipt of Rent as determined between the Landlord and Tenant.
8. TENANT'S OBLIGATIONS.
A. Tenant shall be responsible for all maintenance of and repairs and replacements to the interior of the Premises.
B. Tenant shall be responsible for, and shall pay for any and all insurance desired by Tenant with respect to Tenant’s property stored at the Premises. Tenant waives any claims against Prime Landlord and Landlord with respect to property damage to the Premises or its contents.
C. Tenant shall promptly pay for the work described in Section 8(A) hereof and Tenant shall, at Tenant’s own expense, comply with all laws and ordinances, and all orders, rules and regulations of all governmental authorities and of all insurance bodies and their fire prevention engineers at any time in force with respect to the Premises, except that Tenant shall not hereby be
under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises.
9. RULES.
Tenant agrees to comply with rules and regulations that Prime Landlord or Landlord has made or may hereafter from time to time make for the Property. Landlord shall not be liable in any way for damage caused by the non-observance by any of the other tenants of such similar covenants in their subleases or of such rules and regulations.
10. FIRE OR CASUALTY.
In the event of a fire or other casualty affecting the Premises, Landlord shall perform its obligations under the Prime Lease.
12. ALTERATIONS.
Tenant shall not make any alterations in or additions to the Premises without prior approval of the Landlord, and the Prime Landlord as described under the Prime Lease.
13. SURRENDER.
Upon the expiration or termination of this Sublease or of the Tenant’s right to possession of the Premises, Tenant will at once surrender and deliver up the Premises to Landlord in good condition and repair, reasonable wear and tear excepted. Any personal property remaining in the Premises shall be deemed abandoned by Tenant and may be disposed of as Landlord sees fit with no obligation to account to Tenant therefor.
14. HOLDING OVER.
Tenant shall have no right to occupy the Premises after the expiration of this Sublease or after termination of this Sublease or of Tenant’s right to possession in consequence of an Event of Default hereunder.
15. ENCUMBERING TITLE.
Tenant shall not do any act which shall in any way encumber the title of Prime Landlord or Landlord in and to the Property.
16. INDEMNITY AND HOLD HARMLESS.
A. Tenant shall indemnify, protect, defend and hold harmless the Premises, Landlord, Prime Landlord, and their agents, employees, members and managers, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits,
attorneys' and consultants' fees, expenses and/or liabilities arising out of, involving, or in connection with, the occupancy of the Premises by Tenant, any act, omission or neglect of Tenant, its agents, employees or invitees. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Landlord or Prime Landlord) litigated and/or reduced to judgment. Landlord or Prime Landlord need not have first paid any such claim in order to be so indemnified. The provisions of this Section shall survive the expiration or termination of this Sublease.
B. Tenant shall also indemnify and hold Landlord harmless from all losses, damages, liabilities and expenses which Landlord may incur, or for which Landlord may be liable to Prime Landlord, arising from the acts or omissions of Tenant which are the subject matter of any indemnity or hold harmless of Landlord to Prime Landlord under the Prime Lease.
C. Neither Landlord nor Prime Landlord shall be liable for any loss of property by theft or burglary or for any damage to person or property resulting from electric lighting, or water, rain or snow, or other Act of God which may come into or issue or flow from any part of Canyonlands Field or from the pipes thereof, or that may be caused by Prime Landlord’s employees or, in the case of Prime Landlord, from any other cause or, in the case of Landlord, from any other cause except the gross negligence or willful misconduct of Landlord, and Tenant agrees to make no claim for any such loss or damage at any time.
17. DEFAULTS.
Tenant further agrees that any one or more of the following events shall be considered Events of Default as said term is used herein, that is to say, if:
A. Tenant fails to pay within ten (10) days after notice from Landlord any payment required hereunder; or
B. Tenant shall default in any of the other covenants and agreements herein contained to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant; or
C. Tenant becomes insolvent, or takes the benefit of any present or future insolvency or bankruptcy statute, or makes a general assignment for the benefit of creditors, or consents to the appointment of a receiver, trustee or liquidator of any or substantially all of its property.
C. Tenant violates any provision of the Prime Lease.
18. REMEDIES.
Upon the occurrence of any one or more Events of Default, Landlord may exercise any remedy against Tenant which Prime Landlord may exercise for default by Landlord under the Prime Lease or as otherwise permitted under applicable law.
19. NOTICES AND CONSENTS.
All notices that may or are required to be given by either party to the other shall be in writing and sent to the addresses specified in Section 1(B) and Section 1(C) or such other place as either party may from time to time designate by notice to the other. Notice shall be deemed given when received or refused if sent by United States registered or certified mail, postage prepaid, return receipt requested, or when received if sent by overnight commercial courier service.
20. PROVISIONS REGARDING SUBLEASE.
This Sublease and all the rights of parties hereunder are subject and subordinate to the Prime Lease. Each party agrees that it will not, by its act or omission to act, cause a default under the Prime Lease. In furtherance of the foregoing, the parties hereby confirm, each to the other, that it is not practical in this Sublease agreement to enumerate all of the rights and obligations of the various parties under the Prime Lease and specifically to allocate those rights and obligations in this Sublease agreement. Accordingly, in order to afford to Tenant the benefits of this Sublease and of those provisions of the Prime Lease which benefit a party in possession of all or part of the Property, and in order to protect Landlord against a default by Tenant which might cause a default or event of default by Landlord under the Prime Lease:
A. Provided Tenant shall timely pay all Rent when and as due under this Sublease, Landlord shall pay, when and as due, all base rent, additional rent and other charges payable by Landlord to Prime Landlord under the Prime Lease;
B. Except as otherwise expressly provided herein, Landlord shall perform its covenants and obligations under the Prime Lease which do not require for their performance possession of the garage units and which are not otherwise to be performed hereunder by Tenant on behalf of Landlord. For example, Landlord shall keep in full force and effect all insurance required of Landlord as tenant under the Prime Lease.
C. Except as otherwise expressly provided herein, Tenant shall perform all affirmative covenants and shall refrain from performing any act which is prohibited by the negative covenants of the Prime Lease, where the obligation to perform or refrain from performing is by its nature imposed upon a party in possession of all or part of the Property. If practicable, Tenant shall perform affirmative covenants which are also covenants of Landlord under the Prime Lease at least five (5) days prior to the date when Landlord’s performance is required under the Prime Lease. Landlord shall have the right to enter the Premises to cure any default by Tenant under this Section.
21. ASSIGNMENT.
Tenant may assign this Sublease or sublet the Premises only with the prior written consent of the Prime Landlord and Landlord, which consent will not be unreasonably withheld.
22. FORCE MAJEURE.
Landlord shall not be deemed in default with respect to any of the terms, covenants and conditions of this Sublease on Landlord's part to be performed, if Landlord's failure to timely perform same is due in whole or in part to any strike, lockout, labor trouble (whether legal or illegal), civil disorder, interruption or failure of power or other services of any kind, restrictive governmental
laws and regulations, riots, insurrections, war, shortages, accidents, casualties, acts of God, acts caused directly by Tenant or any other tenant of a garage unit, or their agents, employees and invitees or any other cause beyond the reasonable control of Landlord. This Section shall not be applicable, however, if Landlord's failure timely to perform creates a default by Landlord under the Prime Lease.
23. MISCELLANEOUS.
A. Subject to the provisions of Section 22, this Sublease shall be binding upon the parties, their personal and legal representatives, heirs, successors and assigns and be governed by the laws of the State of Utah.
B. Any litigation between the parties hereto concerning this Lease shall be initiated in the state district court in and for Grand County and the prevailing party in any such action or proceeding shall be entitled to reasonable attorneys' fees.
C. If any conflict arises between the interpretation of this Lease and the Prime Lease, then the language of the Prime Lease shall govern.
The parties have executed this Sublease the day and year first above written.
LANDLORD: TENANT:
______
______
______
Witnessed By (County Representative):
Title:
Date: ______
Appendix 3 - Example Commercial Sub-Lease County Agreement SUBLEASE TO PRIME GROUND LEASE FOR USE AT CANYONLANDS FIELD AIRPORT
THIS SUBLEASE is made and entered into this _____ day of ______, 20___, by and between ______(“Landlord”) and ______(“Tenant”). This sublease is required under the Prime Lease that the above “Landlord” has with Grand County as outlined in Paragraph 29 of the Prime Lease, and must be approved by Grand County prior to occupying property.
1. BASIC SUBLEASE PROVISIONS.
A. Property Address: [______] W. Aviation Way Canyonlands Field Airport Moab, UT 84532
B. Description of Premises: Exhibit ‘A’
C. Tenant: Contact Name: ______Address: ______Phone 1: ______Phone 2: ______Email: ______
D. Landlord: Contact Name: ______Address: ______Phone 1: ______Phone 2: ______Email: ______
E. Prime Landlord Contact Name: Grand County, UT Address: County Clerk 125 E Center St. Moab, UT 84532
F. Sublease Term: ______The sublease term shall not exceed the primary end date of the Prime Lease.
2. PRIME LEASE
A. LANDLORD RESPONSIBLE FOR PRIME LEASE.
Landlord is the responsible tenant of the Property under the Prime Lease described above, a copy of which is available on request. Landlord represents and warrants to Tenant that (a) the Prime Lease is, as of the date hereof, in full force and effect, and (b) no event of default has occurred under the Prime Lease and, to Landlord’s knowledge, no event has occurred and is continuing which would constitute an event of default but for the requirement of the giving of notice and/or the expiration of the period of time to cure.
B. PARAGRAPH 29: ASSIGNMENT AND SUBLETTING
The Tenant shall not assign, transfer, sublet, pledge, hypothecate, surrender or otherwise encumber or dispose of this Lease or any estate created by this Lease or any interest in any portion of the same, or permit any other person, or persons, company or corporation to occupy the Premises without the written consent of the County being first obtained and such must be made subject to the terms and conditions of this Lease. Such written consent shall not be unreasonably withheld.
Tenant: ______Name Signature Date
Landlord: ______Name Signature Date
County: ______Name Signature Date
Appendix 4 - Example Office Lease Office Lease Agreement at Canyonlands Field between Grand County and xxxxxxxxxxxxx
This Agreement, made and entered into as of Month Day, Year, by and between Grand County, herein after referred to as "County" and xxxxxxxxxxx owner, hereinafter referred to as "Tenant".
WITNESSETH. County hereby leases and lets to Tenant and Tenant hereby rents from County the premises (hereinafter referred to as “Premises”) located on Canyonlands Field, hereinafter referred to as “Airport”, consisting of xxxx square feet, in the location more or less as described in Exhibit “A” attached hereto.
3. TERM
The term of this lease shall be for [Term Duration] years commencing on Month Day, Year, and shall expire at midnight Month Day, Year, a 1 year option may be granted per section 29 of this lease.
4. RENT
(A) Tenant agrees to pay County during the term of this lease a monthly rent of $xxx.xx, Payable in advance. Rent is based upon xxx sq/ft of leased space at the rate of $xx.xx/sq./ft./mo., and $xx.xx for water and sewage. The rental installment for any fractional month shall be prorated. Tenant shall have exclusive use of the parcel particularly described on Exhibit “A”, in the passenger terminal building located at 94 W. Aviation Way, Moab UT 84532. Rent to be remitted to: County Clerk, 125 East Center, Moab, Utah 84532.
(B) Without waiving any other right of action available to County in the event of default in payment of fees hereunder, in the event that Tenant is delinquent for a period of thirty (30) days or more in paying to County any fees payable to County pursuant to this Agreement, Tenant agrees to pay County a late charge equal to ten percent (10%) of the total said delinquent fee. Any payments past due more than sixty (60) days shall also have interest added thereon at the rate of twenty percent (20%) per annum.
5. USES AND PRIVILEGES OF TENANT
County hereby grants to the Tenant the following uses and privileges.
(A) Tenant agrees that this lease is granted and limited to the Tenant for the purpose in connection with the business of a FAA part 91 or 135 commercial flight service. Major repairs and maintenance to Tenants aircraft, vehicles and equipment are not allowed. Aircraft, vehicle and equipment maintenance is strictly limited to typical and customary cleaning, and the replenishment of fluids. Tenant agrees to use the premises leased for the use and benefit of the public and to furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service. Tenant is allowed to make reasonable and non-discriminary discounts, rebates, or other similar types of price reductions to volume purchasers.
(B) The general use, in common with others authorized so to do, of all public airport facilities and improvements which are now or may hereinafter be connected with or appurtenant to said Airport,
except as hereinafter provided. As used herein, the term "Public Airport Facilities” shall include, but not necessarily be limited to, approach areas, runways, taxiways, public aprons, aircraft and automobile parking areas, terminal facilities, or other public facilities appurtenant to said Airport.
(C) The right to ingress to and egress from the Premises over and across public roadways serving the Airport for Tenant, its employees, representatives, agents, patrons, guests and suppliers, subject to such nondiscriminatory and lawful ordinances, rules and regulations as now or may hereafter have application at the Airport. It is understood and agreed that the County hereby retains the right of ingress and egress over, through and across the Premises to provide access to the property at any time.
(D) It is understood that Tenant hereby agrees to meet any minimum standards that County may from time to time adopt or amend and that this Lease is subordinate to such standards.
6. SIGNS
Tenant shall not without the prior written approval of the County erect or display any sign on the Airport, or on the Premises. The term “sign” as used herein, shall mean advertising signs, billboards, identification signs or symbols, posters or similar devices.
Prior to erection, construction or placing of any sign on the Airport or upon the Premises, Tenant shall submit to County for approval, drawings, sketches, and dimensions of such signs which shall be in accordance with duly adopted Airport Sign Standards or any applicable standards in the County’s Land Use Code. Any conditions, restrictions, or limitations with respect to the use thereof as stated by County in writing shall become conditions of this Lease.
7. IMPROVEMENTS
No construction, alteration or improvement to any building, public or private, to include leased Premises shall be allowed without prior written approval by Grand County.
All construction, alterations or improvements must comply with all Grand County ordinances and meet current building codes.
Any improvements to County owned properties or Premises shall become property of Grand County at the termination of this lease.
8. TAXES AND LICENSES
Tenant shall pay on or before the last date on which payment therefore may be made without penalty or interest and regardless of whether Grand County is a part thereto, all taxes, assessments, licenses and charges levied against Tenant's personal property, and all licenses and permits necessary for Tenant's operations under Federal or State statutes or local ordinances, insofar as they are applicable to operations at Canyonlands Field (hereinafter called "impositions"). Tenant may protest by appropriate proceedings in good faith and at its expense, the existence, amount, or validity thereof or the extent of Tenant's liability therefore. County shall not have the right to pay any such imposition thereby contested. Tenant agrees
to indemnify County and hold County harmless from any and all losses, judgments, decrees, costs, (including reasonable attorney's fees), claims or demands for payment of such impositions or arising from Tenant's contest thereof.
9. NET LEASE
This Lease shall be without cost to County for the maintenance or operation of Premises. Tenant represents that Tenant has inspected the Airport, all its premises and facilities and that Tenant accepts the condition of same and fully assumes all risks incident to the use thereof. It shall be the sole responsibility of Tenant to develop, maintain, repair and operate the entirety of the Premises and all improvements and facilities thereon at Tenant’s sole cost and expenses.
10. REPAIR AND MAINTENANCE
Tenant shall not permit rubbish, debris waste material or anything unsightly or detrimental to health, or likely to create a fire hazard, or conducive to deterioration, to remain on any part of the Premises or to be disposed of improperly. Tenant agrees to maintain the leased area in a way that will reflect positively on the overall appearance of the passenger terminal or any space identified herein. It shall be the sole responsibility of the Tenant to provide routine or scheduled janitorial services and operate the premises at the Tenants sole cost and expense. The Tenant is responsible for any major repairs or capital expenditure over $100 per incident on the premises resulting from actions of the Tenant. Tenant expressly waives the right to make repairs at the expense of the County provided for in any statute or law now in effect or hereafter enacted.
If Tenant fails to make any repairs or do any work required of it under the terms of this lease within thirty (30) days after written notice of the need therefore has been given by the County to Tenant, the County may cause to be performed such work for the account and at the expense of Tenant. All sums so expended by County, together with twenty (20%) percent of cost for administration, shall be paid by Tenant on demand.
11. UTILITIES County agrees to pay all charges for electricity, propane gas. Water, sewer and trash will be charged according to the Grand County Consolidated Fee Schedule. Trash removal from the leased space will be performed by the Tenant and placed in the waste receptacle provided by the County. The use of supplemental heating or cooling devices is prohibited. Lighting in areas of the premises not occupied for longer than 30 minutes shall be turned off.
12. FIRE EXTINGUISHERS
It is understood and agreed that Tenant will at its own expense install and maintain fire extinguishers as required by federal, state, and local laws. Said fire extinguishers shall meet all applicable requirements, and shall be of such number and capacity as to adequately safeguard the Premises against fire hazards.
13. INDEMNIFICATION
County, its officers, representatives, agents and employees shall not be responsible or liable for, and Tenant agrees to indemnify, release and defend County, its officers, representatives, agents and
employees from all claims, damages, expenses, liabilities and judgments, (a) for injury to persons, loss of life or damage to property occurring on the Premises (including property and officers, employees and agents of County);(b) arising from Tenant's operations pursuant to this Agreement; (c) for workers compensation claims; and (d) for acts and omissions of Tenant's officers, employees, representatives, agents, servants, invitees, patrons, customers, subtenants contractors, subcontractors, successors, assigns, suppliers, and all other persons doing business with Tenant (excluding County, its officers, employees, representatives, and agents). Tenant shall not be liable for damage or injury occasioned by the negligence of the County, its designated agents, servants or employees. Tenant's liability under this paragraph shall be reduced by the proceeds from any insurance carried by Tenant to the extent that such proceeds are applied toward payment of such claims, damages, expenses, liabilities and judgments.
14. LIABILITY INSURANCE
Tenant agrees to maintain insurance covering its Facility on the Airport against claims of bodily injury liability and property damage liability. Said insurance shall have limits of no less than $300,000.00 per person, $2,000,000.00 per occurrence and $1,000,000.00 property damage. County shall be named as additional insured. Such insurance shall contain a provision that it may not be cancelled or materially changed or altered to adversely affect the interests of the additional insured (except to increase the limits or broaden the coverage) without first giving thirty (30) days prior written notice to County.
15. OBLIGATIONS OF COUNTY
(E) Clear Title. County covenants and agrees that at the granting and delivery of this Agreement it is well seized of the Premises and has good title thereto, free and clear of all liens and encumbrances having priority over this Lease, and that County has full right and authority to lease the same. County agrees that Tenant, upon paying the fees and performing the other covenants of this Agreement to be performed by Tenant, shall peaceably and quietly have, hold and enjoy the Premises for the full term of the Agreement and as the same may be extended as hereinafter provided.
(F) Operation as Public Airport. County or its successor covenants that it will operate and maintain the Airport as a public airport consistent with and pursuant to the Sponsor's Assurances Agreement given by County to the United States Government under the Federal Airport and Airway Development Act.
(G) Operation of Building Systems. County or its appointed agent shall be the sole operator of building heating, cooling, water and electrical systems. Wintertime heating system shall be set so as to maintain a temperature range of 66 F to 72 F. Summertime cooling system shall be set so as to maintain a temperature range of 74 F to 78 F. All temperature measurements shall be made only at the location of a central thermostat. County assumes no responsibility for building temperatures outside the stated ranges in the event of system failures.
(H) Maintenance of Airport. County reserves the right to develop, improve, and maintain all public areas and facilities as County shall see fit. County shall, throughout the term hereof, maintain all public areas and facilities, such as access roads on the Airport, providing access in good and adequate condition for use by cars and trucks, and shall maintain clear and uninterrupted access to the parking area over said access areas and roads at all time; provided, however, County may, at any time, temporarily or permanently close, any roadway or right of way for such access, ingress or egress whether inside or outside the terminal building, or any other area at Airport, in its environs presently or hereafter used as such, so long as a means of access, ingress and egress reasonably equivalent to that formerly provided,
and not adverse to Tenant's continued use and enjoyment of the Premises is substituted therefore and is concurrently made available therefore. Tenant understands and agrees that there may be inconveniences caused by construction or renovations of buildings and roadways, and Tenant hereby releases and discharges County from any and all claims, demands or causes of action which Tenant now or any time hereinafter may have against County arising or alleged to arise out of the closing of any right of way or other area used as such whether within or without Airport. If Tenant shall damage any facility of the Airport, including but not limited to hangars, buildings, runways, taxiways, roads, utility extensions, lighting, signs, towers, signs or any other similar facility, Tenant shall be obligated to repair at its expense or to pay the necessary and reasonable cost of repairs to County without regard to whether or not said damage is caused by negligence on the part of Tenant.
16. COUNTY'S RESPONSIBILITY TO TENANT'S PROPERTY
It is further understood and agreed that the County assumes no responsibility for damage or loss that may occur to Tenant's property on Premises, and the only obligation the County assumes is that it will not negligently or willfully and intentionally damage the property of the Tenant.
17. DAMAGE OR DESTRUCTION
If any portion of the structure on the Premises or the appurtenances thereto shall be damaged or destroyed by a fire or any other cause, and this Lease is not terminated as hereinafter provided, County may remove the debris and restore the structure to a complete architectural unit. Should such damage or destruction (a) exceed $10,000.00 or (b) result from a cause not covered under standard extended coverage insurance, Tenant may, not later than sixty (60) days after the date of such damage or destruction, elect to terminate this Lease by giving notice to County, such termination to be effective not later than one hundred and twenty (120) days after the date of such damage or destruction. If this lease is not so terminated, it shall continue and Tenant shall not be entitled to any reduction of abatement of rent.
18. RELOCATION OF PREMISES
County may, to conform to the Master Plan for Canyonlands Field, at its option, relocate the Premises covered by this Lease to another part of the Airport upon sixty (60) days written notice to Tenant, at any time during the term of this Agreement; provided that such right to relocate shall not treat Tenant less favorably than other tenants of County similarly situated. At the time of such relocation, County shall purchase from Tenant at fair market value as determined by appraisal performed by a local appraiser acceptable to both Tenant and County, all fixed improvements on the Lease hold. In the event that the Premises is relocated, County shall provide Tenant with a similarly sized leased space, in a location generally comparable with adequate access to airplanes, motor vehicles and pedestrians to and from the new structures, runways, taxiways, and from adjacent streets and sidewalks, and ready for Tenant’s occupancy on or before that date Tenant surrenders possession of the premises. In such event, the new structure and apron shall be the property of and title shall be vested in the County and the rental shall be renegotiated and a new lease shall be interred into. If County and Tenant cannot reach agreement on a new lease, either party may terminate this lease and such negotiations by notice to the other party.
County shall also have the right upon (60) days prior written notice to Tenant, at any time during the term of this Lease or as the same may be extended, to make such minor alterations of the parking area as are reasonable, provided that (a) County shall not treat Tenant less favorably than other tenants of County
similarly situated, (b) such alterations shall be at no cost to Tenant, (c) no such alterations shall deprive Tenant of any portion of the Premises or any rights of use thereof as granted by this Lease. Upon such alterations, County agrees to furnish Tenant with a new plot plan and legal description and the rent under this Lease shall be reduced according to the extent Tenant is deprived of the use or benefit of any portion of the Premises or of any rights under this Lease.
19. DEFAULT
If any one or more of the following events (herein called default) shall happen and be continuing, namely; (a) Tenant shall fail to pay any fee or other sum of money to County when same is due and such failure continues for sixty (60) days after County has given Tenant written notice specifying the amount due; (b) Tenant shall file a voluntary petition in bankruptcy or a petition or answer seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution or other relief of the same or different kind under any provision of the Bankruptcy Code or Tenant shall make an assignment for the benefit of creditors; (c) an involuntary petition in bankruptcy against Tenant or petition or answer made by a person other than Tenant seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution or other relief of the same or different kind under any provision of the Bankruptcy Code is filed, or if a receiver is appointed having jurisdiction of the business property or assets of Tenant on the Premises; (d) if Tenant shall abandon or vacate the Premises and fail to make payment of rent herein under for a period of sixty (60) days after receipt of written notice from County, and, in any of such event, if Tenant shall not properly commence and expeditiously pursue action to dismiss any such involuntary petition or answer or to vacate such receivership, or, if after diligently exhausting Tenant's remedies, such petition shall not be dismissed or the receivership vacated, then, in any of such events, County shall have the immediate right to expel Tenant or any person, or persons occupying the same, with or without legal process, and in any such event, Tenant agrees to peaceably and quietly yield up and surrender the Premises to County provided, however, that if a default occurs under subparagraph "(a)" above and there is a bona fide dispute as to the existence of such default (which shall not include a dispute over payment of rent except under conditions of abatement or reduction of utility fees due County) and all undisputed amounts are paid, said sixty (60) day period specified in subparagraph "(a)" shall not commence to run until such dispute is settled by final court decree, or mutual agreement.
20. CANCELLATION BY TENANT
This Lease shall be subject to cancellation by Tenant after the happening of one or more of the following events:
(A) The permanent abandonment of the Airport for general aviation.
(B) The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part or parts thereof, in such a manner as to substantially restrict Tenant for a period of at least ninety (90) days from operating thereon.
(C) Issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of the Airport.
(D) The default by County in the performance of any covenant or agreement herein required to be performed by County and the failure of County to remedy such default for a period of thirty (30) days
after receipt from Tenant of written notice to remedy the same. If the nature of the default is such that it cannot be cured within thirty (30) days, County shall be deemed to have cured such default if it, or its nominee, shall, within such thirty (30) day period, commence performance to cure default and thereafter diligently prosecute the same to completion.
(E) Tenant may exercise such right of termination by written notice to County at any time after the lapse of the applicable periods of time and this Agreement shall terminate as of that date. Fees due herein under shall be payable only to the date of said termination.
21. RIGHTS UPON TERMINATION
If applicable, upon termination of this lease for any reason, including expiration of the full term of said lease, and any extensions or renewal, County may require Tenant to remove any structures Tenant has title to from premises. Said removal shall occur at Tennant’s expense and shall be complete, including the capping of all utility services as prescribed by County at time of removal. Removal shall be complete and acceptable to County within four (4) months from the date of termination of this lease. If Tenant elects to remove said structure as per this paragraph, such removal shall not commence until the Tennant posts a bond with County in an amount to be mutually agreed upon, but in any case sufficient to indemnify County against any costs that might be incurred by County if Tennant shall for any reason fail to complete the removal of said structure and the cleanup of premises within four (4) months of said termination of lease.
22. TERMINATION BY COUNTY
This lease agreement shall be subject to cancellation by the county in the event of any or more of the following:
(A) Failure to Pay. The Tenant fails to pay the fees and charges or to make any other payments required hereunder when due to the County and failure of the Tenant to remedy such breach for a period of ten (10) days after receipt from the County of written notice to remedy the same.
(B) Loss of License or Permit. The happening of any act or event, which results in the revocation of the right, power, license, permit, and authority necessary for the conduct and operation of the business, authorized herein for a period of thirty (30) days or more.
(C) Breach. The breach by the Tenant in the performance of any covenant or agreement herein required to be performed by the Tenant and failure of the Tenant to remedy such breach for a period of more than thirty (30) days after receipt from the County of written notice to remedy the same.
(D) Transferring of Interest. The transfer of the Tenants interest in this agreement without the prior written approval of the County is prohibited.
(E) Criminal Activity. Lease shall become null and void in the event the Tenant engages in or commits any criminal acts against persons or property located on the premises.
(E) Legal Issues. Tenant becomes insolvent, or takes the benefit of any present or future insolvency statute, or makes a general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy, or a petition or answer seeking an arrangement for reorganization, or the readjustment of its
indebtedness under the federal bankruptcy laws or under any other law or statute of the United States, or of any state law, or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property or its property located within the Tenants premises.
The levy of any attachment or execution, or the appointment of any receiver, or the execution of any other process of any court of competent jurisdiction which is not vacated, dismissed, or set aside within a period of ninety (90) days and which does, or as a direct consequence of such process will, interfere with Tenants use of the leased premises or with its operations under this lease agreement;
By order or decree of court, Tenant is adjudged bankrupt, or an order is made approving a petition filed by any of the creditors of Tenant seeking reorganization or readjustment of its indebtedness under the federal bankruptcy laws, or under any law or statute of the United States, or any state thereof.
By pursuant to, or under authority of, any legislative act, resolution, or rule, order or decree of any court, governmental board, agency, or officer having jurisdiction, a receiver, trustee, or liquidator takes possession or control of all or substantially all of the property of Tenant, and such possession or control continues in effect for a period of ninety (90) days. Any lien is filed against the leased premises because of any act or omission of Tenant and such lien is not removed, enjoined, or a bond for satisfaction of such lien is not posted within sixty (60) days.
23. ADMINISTRATIVE AND COMPLIANCE REQUIREMENTS
(A) Accounts. The tenant shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues acquired under this lease.
(B) Reports. Tenant will report to the County monthly, the number of passengers enplaned and the number of landings for the preceding month. Reports will be due to the County before the 1st Monday of every month.
Passenger enplanements for operations falling under FAA parts 121 or 135 will be reported to the FAA on applicable forms FAA Form T100 or FAA Form 1800-31 (1-13) and sent to the following address;
Federal Aviation Administration Office of Airport Planning & Programming, APP-400 800 Independence Ave, SW Washington DC 20591 Email: [email protected] or [email protected] Tel: (202) 267-8739 Fax: (202) 267-5257
(C) Audit and Inspection. At any time during normal business hours and as frequently as deemed necessary, the Tenant shall make available to the County or their agents for their examination, all of its records pertaining to all matters covered by this lease and permit these agencies to audit, examine, make excerpts, or transcripts from such records, contracts, invoices, payrolls, personnel records, conditions of employment, and all other matters covered by this lease.
(D) Retention of Records. All records in the possession of the Tenant pertaining to this lease shall be retained by the Tenant for a period of three (3) years beginning with the date upon which this lease is issued. All records shall be retained beyond the three-year period if audit findings have not resolved within that period or if other disputes have not been resolved.
(E) Civil Rights Provision, Discrimination in Employment. The Tenant shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical or mental disability. The County should take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, religion, sex, national origin, age or disability. Such action shall include by may not be limited to the following: employment, upgrading, demotion or transfers; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including an apprenticeship. The Tenant agrees to post notices setting forth the provisions of the non-discrimination clause in conspicuous places so as to be available to employees.
(F) Federal and State Labor Laws. The Tenant shall be required to meet and maintain all applicable Federal and/or Utah state labor laws, which include but are not limited to; EEOC, Federal Minimum Wage, OSHA, FMLA, USERRA, Employee Polygraph Protection Act, Workers Compensation, and Unemployment Insurance.
(G) That in the event of failure to correct any breach of any of the non-discrimination covenants pursuant to part 21 of the Regulations of the Office of the Secretary of Transportation, County shall have the right to terminate this lease and to re-enter and repossess said leased space and the facilities thereon and hold the same as if said lease had never been made or issued.
24. SPONSOR'S ASSURANCES
This Lease shall be subordinate to the provisions of any existing or future agreements between County and the United States Government, relative to the operation and maintenance of the Airport, the execution of which has been or will be required as a condition precedent to the granting of Federal funds for the development of the Airport to the extent that the provisions of any such existing or future agreements are generally required by the United States at other civil air carrier airports receiving Federal funds and provided that County agrees to give Tenant written notice in advance of execution of such agreements of any provisions which will modify the terms of this Lease.
25. RIGHT OF FLIGHT
Tenant understands and agrees that County reserves the right of flight for the passage of aircraft above the surface of the Premises herein under in accordance with Federal Aviation Administration criteria, and such right of flight shall include the right to cause in such airspace such noises as may be inherent to the operation of aircraft now known or hereinafter used for navigation of or flight in the air; and that County reserves the right to use such airspace for landing at, taking off from or operating aircraft on or over said Airport.
26. NOTICE AND PLACE FOR PAYMENT OF FEES
Any notice or demand of any kind which County may be required to serve on Tenant under terms of this Lease, may be served upon Tenant (as an alternative to personal service upon Tenant) by mailing a copy thereof by certified or registered mail, return receipt requested, addressed to:
Address: xxxxxxxxxxxxxxxx. Attn: xxxxxxxxxxxx PO Box 1234 Moab UT 84532 Phone: 123-456-7890 E-mail: [email protected]
Or at any other such place as Tenant may designate to County in writing. Any notice or demand of any kind which Tenant may be required or desire to serve upon County under terms of this Lease, may be served upon County (as an alternative to personal service upon County) by mailing a copy thereof by certified or registered mail, return receipt requested, addressed to:
Grand County Clerks/Auditor 125 East Center St Moab, Utah 84532
Or at any other such place as County may designate to Tenant in writing. Fees shall be paid to County at the address set forth in this Article 2. No successor to County's interest shall be entitled to receive Fee payments until Tenant shall have been furnished with (a) a letter signed by the grantor of such interest setting forth the name and address of the person entitled to receive such rent; and (b) a photo static copy of the deed or other instrument by which such interest passed.
27. COUNTYS RIGHT TO INSPECT
Tenant agrees that County or authorized designee may inspect the premises at any reasonable time with respect to fire prevention and to ensure compliance with all sections of this lease. For this purpose, Tenant agrees to furnish designated County representative with access to Tenant’s hangar, facility, office or any other space on the leased Premises, and upon notice form County, correct any condition which constitutes a fire or health hazard or unauthorized use of the Premises.
28. HOLDING OVER
In the event Tenant shall hold over and remain in possession of the Premises after the expiration of the Lease, without any written renewal thereof, such holding over shall not operate as a renewal or extension of this Lease but shall only create a tenancy from month to month, which may be terminated at any time by County.
29. COMPLIANCE WITH LAWS
Tenant agrees to abide by and conform to all of the Airport Minimum Standards, Airport Rules & Regulations, County policies, County ordinances, and actions by the Grand County Council, County and State and Federal Laws and regulations pertaining to operations and activities of Tenant at or upon the Canyonlands Airport whether now in effect or hereinafter enacted. County agrees that such rules,
regulations, ordinances and actions will not treat Tenant less favorably than those similarly situated as Tenant at the Canyonlands Airport. Tenant agrees that if it fails to correct violations of any such airport rules and regulations, minimum standards, County policies, County Ordinances, actions by the County Council , State or Federal laws pertaining to Airport fire, health and safety within a reasonable time after actual notice of violation thereof from County, County may, in addition to any other remedies provided by law, statute or in equity, after reasonable time and notice, cause such violations to be cured for the account and at the expense of Tenant, and all sums so expended by County together with twenty (20%) percent for cost of administration shall be paid by Tenant on demand or cause this Lease to be cancelled.
30. ASSIGNMENT AND SUBLETTING
The Tenant shall not assign, transfer, sublet, pledge, hypothecate, surrender or otherwise encumber or dispose of this Lease or any estate created by this Lease or any interest in any portion of the same, or permit any other person, or persons, company or corporation to occupy the Premises without the written consent of the County being first obtained and such must be made subject to the terms and conditions of this Lease. Such written consent shall not be unreasonably withheld.
31. RENEWAL OPTION
Tenant has the option to renew this Lease for a 1 year term under the same conditions by giving notice in writing to County no less than thirty days prior to the expiration of the first term. In the event that the Tenant is in default or breach of this lease the County may deny such request.
32. COSTS AND ATTORNEYS' FEES
The parties agree that in the event of default, the defaulting party agrees to pay all reasonable costs and attorney’s fees and expenses in enforcing the Lease. Any action commenced concerning the provisions of this Lease shall be in Grand County, Utah.
33. MISCELLANEOUS PROVISIONS
The various rights and remedies herein contained and reserved to each of the parties, shall not be considered as exclusive of any other right or remedy of such party but shall be construed as cumulative and shall be in addition to every other remedy now or hereinafter existing at law, in equity or by statute. No delay or omission of the right to exercise any power or remedy shall be construed as a waiver of any default or nonperformance or as acquiescence therein.
Nothing herein contained nor any acts of the parties hereto shall be deemed or construed by the parties hereto or by any third party as creating the relationship of principal and agent or of partnership or of joint venture between the partied hereto, it being understood and agreed that the relationship between the parties hereto is that of landlord and tenant.
It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308(a) of the Federal Aviation Act of 1958, as amended.
The headings of the several articles and sections contained herein are for convenience only and do not define, limit or construe the contents of such articles and sections. When required by the context, the
singular shall include the plural and the neuter gender shall include the feminine and masculine genders and shall include a corporation, firm or association.
All negotiations and oral agreements acceptable to both parties have been incorporated herein. This Lease may not be amended or modified by any act or conduct of any of the parties or by any oral agreement which is not reduced to writing.
This agreement has been made in and shall be construed in with the laws of the State of Utah.
All rights and obligations of the parties under this Lease shall bind and the benefits shall inure to their respective heirs, representatives, successors and assigns. Witness the hands of the parties the day and year first above set forth.
ATTEST: ______xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, (owner) Date
ATTEST: ______xxxxxxxxx, (County Council Chair) Date
ATTEST: ______xxxxxxxxxxxx, (County Clerk Auditor) Date
Appendix 5 – Billboard Lease
BILLBOARD LEASE at CANYONLANDS FIELD THIS LEASE made effective this 15th day of April, 2015, by and between Grand County whose address is 125 E. Center Street, Moab, UT 84532 (hereinafter referred to as “Lessor”), and xxxxxxxxx (hereinafter referred to as “Lessee”); WITNESSETH THAT WHEREAS, Lessor is the owner of a certain billboard structure located at Canyonlands Field (hereinafter referred to as the “Billboard”); AND WHEREAS, LESSEE, is desirous of renting said BILLBOARD, under the terms and conditions herein contained, for the purpose of maintaining a sign of the [Facing Direction] facing side billboard near the entrance, W. Aviation Way, thereof. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the sufficiency of which is hereby confessed and acknowledged, the parties agree as follows: I. GRANT Lessor hereby leases to Lessee the South face of the BILLBOARD (which face is visible to North bound traffic on U.S. 191), and in consideration of the timely payment of rent, agrees to provide certain services in connection therewith. II. TERM This lease shall commence on Month Day, Year, and shall continue thereafter until Month Day, Year, for a total term of [Duration] years. III. RENT Lessee agrees to pay Lessor the sum of $xxxx as rent for the full term hereof, payable in advance in equally monthly installments of $xxx.xx which shall be due on or before Month Day, Year and every month without notice until expiration of this Agreement. Said monthly installments shall be payable at the office of Lessor stated above, or at such other address as Lessor may hereafter designate in writing. IV. INITIAL CONSTRUCTION, MAINTENANCE Lessee agrees to use existing flex. Thereafter and during the term hereof, Lessor shall maintain the bill board structure. Billboard signage/display will not be maintained by Lessor. The term “maintain” as used herein shall include periodic inspection and equipment servicing, but shall not require the Lessor to repair or reconstruct the BILLBOARD display under natural disasters.
V. CHANGES IN DESIGN Nothing herein shall require Lessor, at its expense, to alter or change the design of the sign at any time during the term of this Agreement. Any changes or alternations in the design of the sign requested by Lessee in writing shall be made at Lessee’s sole and exclusive expense. VI. SUBSTANTIAL DESTRUCTION In the event the structure of the BILLBOARD is totally or substantially destroyed during the term hereof. Lessor may, at its sole option: 1. Declare this Lease terminated, in which case Lessor shall refund a pro rata share of any advance rentals received which were unearned at the time of such destruction; or 2. Rebuild the BILLBOARD and Lessee’s sign, in which case the rent due hereunder shall abate from the time of destruction until completion of reconstruction, and the term of this Lease
shall be extended by a period of time equal to the time rent was abated pursuant to this paragraph.
VII. PERSONAL PROPERTY The sign display of Lessee shall at all times be deemed personal property, and shall not by reason of attachment or connection to any real estate become or be deemed a fixture of appurtenance to such real estate, shall at all times be severable from the realty, and shall remain at all times the personal property of Lessor free and clear of any claims of Lessee or Lessee’s creditors. Upon the termination of the lease, or any extension hereof or upon default by the Lessee, Lessor shall have the absolute right to remove the sign from the premises upon which it is installed. VIII. DEFAULT Lessee shall be in default if it fails to pay any installment of rent when due or otherwise breached any term of condition hereof. Upon default, Lessor may, at its sole option, accelerate the sums due hereunder and declare them immediately due and payable. Lessor’s obligations under this Agreement shall be suspended during any period of default by Lessee, and Lessor shall have the right to take possession of and remove Lessee’s sign. IX. NOTICE All notices, requests, demands and other communications under this Agreement shall be in writing, and shall be deemed to have duly given on the date of service if served personally on the party to whom notice is to be give, or five (5) days after mailing if mailed to the party to whom notice is to be given, by first-class mail, registered or certified, postage prepaid, and properly addressed as follows: LESSOR: LESSEE: Grand County xxxxxxxxxx Attn: Airport Manager Attn: xxxxxxxxxxx Canyonlands Field Airport Manager 1234 Main St 125 E. Center Street Moab UT 84532 Moab, UT 84532 (123) 456-7890
X. GOVERNING LAW This Agreement shall be governed by and construed in accordance with laws of the State of Utah and Grand County. In the event a court of competent jurisdiction holds any provision of this Agreement unenforceable or invalid for any reason, this Agreement shall be enforced as if such invalid or unenforceable provision were not a part thereof.
XI. VENUE Any action brought under this Agreement shall be brought in Grand County, State of Utah.
XII. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between Parties hereto pertaining to the subject matter contained herein and supersedes all prior or contemporaneous agreement, representations and understandings of the Parties, whether written or oral, except as incorporated herein. No supplement, modification or amendments of this Agreement shall be binding unless executed in writing by all Parties
hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver for any other provision, whether or not similar, nor shall in any way constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making such waiver.
XIII. BINDING EFFECT This Agreement shall inure to the benefit of and be binding upon the parties and their lawful heirs, assigns and successors; provided, however, that Lessee’s interests herein may not be assigned, transferred or sublet without the express written consent of Lessor, which consent shall not be unreasonable withheld.
XIV. ATTORNEY’S FEES In the event of any action or proceeding brought by either party against the other under this Agreement the prevailing party shall be entitled to recover all costs and expenses including the fees of its attorneys in such action or proceeding.
IN WITNESS WHEREOF,
Lessor: Grand County
______xxxxxxxxxxxx (Council Chair)
Lessee: xxxxxxxxxxxxxxxx
______xxxxxxxx (Owner)
Appendix 6 – Airport Fee Schedule Description Fee Landing Fee for Commercial Operations at $0.70/1000 lb Max Take Off Weight CNY (MTOW) Fuel flowage fee - FBO Authorized Vendor $0.065/gal Fuel flowage fee - other than FBO $0.55/gal Retail Sales office area (2 years or more) $3.25/sq ft/month Retail Sales office area (23 months or less) $4.25/sq ft/month Reserved Car/long-term parking (30 days or more) $65/space/month Retail sales office and ground lease application fee $80.00 Ground lease (base) $0.23/sq ft/year Water and Sewer rates -water $19.50/month -sewer $22.66/month Ramp Fees -Aircraft over 10,000 MTOW $60.00 -Aircraft over 25,000 MTOW $225.00 Aircraft parking/tie down fees (Subject to long-term lease with FBO) Lease rate -Hangar A (60' x 80' = 4800 sq ft) $0.27/sq ft/month -Hangar B (70' x 90' + 20' x 60' = 7500 sq ft) $0.29/sq ft/month Billboard Fee (1yr min) $1.45/sq ft/month Airport clean-up (runway/taxiway/ramp) $150/hr + equipment cost Parachute landing area maintenance $100/month/company $1000/day + insurance naming county Commercial TV/Film as additionally insured Non-aviation vending and concessions 10% Gross sales Non-airport Rental Cars $500/year/company Ground Transportation Use Fee $200/year/company Ground Transportation Vehicle $20/vehicle/year Terminal Advertising $3.25/sq ft/month
Business User Garbage Collection $0.01/sq ft/mo Private User Garbage Collection $0.005/sq ft/mo After Hours ARFF Coverage $75.00
Appendix 7 – Airport Board Bylaws ORDINANCE No.______
AN ORDINANCE FORMALLY ESTABLISHING THE GRAND COUNTY AIRPORT BOARD AND DEFINED ITS DUTIES AND FUNCTIONS.
FINDINGS
WHEREAS, Grand County owns, operates, and maintains the Canyonlands Field;
WHEREAS, the County Council is desirous to have a board provide technical recommendations relating to the operations and maintenance of aviation and associated activities conducted at the Canyonlands Field;
WHEREAS, Grand County has an Airport Board that functions as an advisory board to the County Council;
WHEREAS, it appears that the County Council has not formally adopted any enabling language that created the Airport Board;
NOW THEREFORE, the County Council of Grand County formally ordains the establishment of the Grand County Airport Board with all the duties and responsibilities as contained in Exhibit A of this ordinance.
COUNTY COUNCIL OF GRAND COUNTY, UTAH
The above Ordinance was duly and regularly introduced and passed at a regular meeting of the Grand County Council, State of Utah on the 18th day of March, 2008 by the following vote:
AYES: ______NAYS: ______ABSENT: ______
______Gene Ciarus, Chairman
Attest:______Diana Carroll, Clerk/Auditor
CANYONLANDS FIELD AIRPORT MINIMUM STANDARDS, RULES AND REGULATIONS
Exhibit A
GRAND COUNTYAIRPORT BOARD
Establishment & Purpose. Duties & Responsibilities. Duties & Responsibilities Beyond Boards Purview. Organization. Special Criteria for Appointment. Members Appointment. Vacancies. Board Officers. Quorum & Meetings. Removal of Members. Adoption of Bylaws. Compensation & Reimbursement. Budget. Duties of the Airport Manager or Designee.
Establishment & Purpose.
A. There is established a Grand County Airport Board (hereafter Board) for the purpose of advising the Grand County Council in all matters related to the business and affairs of the Canyonlands Field.
Duties & Responsibilities.
The purpose of the Board shall be to advise the Grand County Council on such matters including but not limited to the following:
A. Recommending policies for the operation and maintenance of the airport; B. Recommending that the County Council enter into contracts, agreements and other instruments required for the efficient operation of the airport, its facilities and services. C. Recommending that the County Council purchase trade, exchange, acquire, buy sell, obtain option on, acquire by gift, grant, bequest, or devise, or otherwise dispose of and encumber real and personal property or any interest therein, including leases and easements. D. Recommending to the County Council concerning the regulation receiving, deposit and embarkation of passengers or property to or from the airport; E. Recommending to the County Council regulations to prohibit any airport hazard; F. Recommending charges, fees, and rentals, and submit such recommendations to the County Council for approval; G. Recommending for approval to the County Council rules governing the use of the airport and facilities and the use of other property and means of transportation within the airport; H. Recommending that the County Council enter into contracts or otherwise cooperate with the Federal Government, the state, or other public or private agencies;
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CANYONLANDS FIELD AIRPORT MINIMUM STANDARDS, RULES AND REGULATIONS
I. Recommending the County Council accept financial assistance from public or private sources, or that the County Council apply for and accept advances, loans, grants, contributions and any other forms of financial assistance from the Federal Government, state, or county or any other source public or private; J. Recommending the employment of technical experts, and other agents, permanent and temporary, as the Board may deem necessary for the planning, design, operation, maintenance, administration and management of the airport and its attendant facilities; K. Recommending to the County the payment or rejection of claims and demands and submit to County for payment of such claims; L. Promoting aeronautics and the furtherance of commerce and navigation by air;
Duties & Responsibilities Beyond Boards Purview.
A. The Board shall not have supervisory responsibility and shall not hire, fire, or discipline Grand County employees or interpret or administer Grand County Personnel Policies and Procedures.
B. Decisions regarding appropriation of funds reside with the County Council and the expenditures of funds with the County employee or supervisor that administers the budget.
Organization.
A. The Board shall consist of seven regular voting members.
Special Criteria for Appointment.
A. A person to be eligible to be appointed as a member shall meet the following requirements: 1) be not less than 21 years of age; and 2) be a resident of Grand County, Utah.
B. One member shall be nominated by the Travel Council and one by Moab City.
Members Appointment.
A. Appointment process for the Board shall be according to the prescribed process approved by Ordinance or Resolution by the Grand County Council, with the exception of the nominations from the Travel Council and Moab City. When an appointment is put forth by either the Travel Council or Moab City the County Council shall consider that appointment at a meeting.
B. Individual members of the Board serving at the time the ordinance codified in this ordinance is approved shall fulfill their appointed terms.
Vacancies.
A. Vacancies occurring by reason of death, resignation or other cause shall be filled to the date of expiration of the unexpired term by appointment of another person by the County Council upon the recommendation of the Board.
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CANYONLANDS FIELD AIRPORT MINIMUM STANDARDS, RULES AND REGULATIONS
Board Officers.
A. Officers elected by the Board shall be elected at the first meeting in February each year and serve no more than two consecutive years in a respective office. The officers shall consist of the following positions with their associated duties: B. Chairperson. The Chairperson shall be responsible to call meetings, set the agenda, and conduct the meetings.
C. Vice Chairperson. The Vice Chairperson shall fulfill the duties of the Chairperson in their absence.
Quorum & Meetings.
A. Four members of the Board shall constitute a quorum for the transaction of business. Members of the Board shall meet at least four times in any year, as determined by the Chairperson, and as necessary to fulfill the purpose and duties of the Board. Meetings shall be in compliance with the Open and Public Meeting Act 52-4.
Removal of Members.
A. Any member of the Board may be removed by the Grand County Council for cause.
B. The Grand County Council shall consider a recommendation for removing a Board member if 2/3 of the Board approves such a motion. Any motion for removal should contain findings of facts that support the recommendation.
Adoption of Bylaws.
A. The members shall in all cases act as a Board and shall adopt and amend rules and regulations for the conduct of their meetings and the management of the Board as they deem proper but not inconsistent with Grand County ordinances and the laws of the State of Utah. Proposed bylaws and amendments to bylaws shall be submitted to the County Council for review and approval in a County Council meeting.
Compensation & Reimbursement.
A. No compensation shall be paid to Board members for their services. Expenses may be reimbursed to Board members when all the following criteria have been met: 1) expense is associated with the Board’s business; 2) the County Council has appropriated funds for said expense; 3) the expense is authorized by the County employee who oversees the budget; and 4) the Board member submits the necessary paperwork required by the County for reimbursement.
Budget.
A. A budget for the Canyonlands Field shall be established annually by the Grand County Council. The Board may make a recommendation regarding the proposed budgets for a fiscal year. The Grand County Council shall consider the Board recommendation.
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Duties of the Airport Manager or Designee.
A. The Airport Manager or Airport Manger’s designee shall act as the administrative officer performing such duties as preparing and posting the agenda for purposes of meeting the public notice requirements, preparing minutes of the duties, and other similar duties.
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Appendix 7 – Airport Code of Conduct
The Grand County Airport, Canyonlands Field, has an obligation to its patrons to maintain a professional atmosphere for conducting aviation related activities. Airport patrons are expected to use the airport facilities, including its ramp, grounds, and common use areas in a responsible, appropriate, and courteous manner.
This Code of Conduct exists for the comfort and protection of all. It will be courteously, firmly, and equally enforced by Airport staff to all airport users. Behavior becomes unacceptable when it infringes on the rights of others to utilize the facilities, when it infringes on the rights of others to conduct business in a professional atmosphere, when it could result in injury to oneself or others, or when it could result in loss or damage to a patron or county property. If necessary, law enforcement may be called for assistance. Persons who fail to follow the Airport’s Code of Conduct, depending upon the severity of the offense, may be given a verbal warning, or may be suspended from entering the airport property for a specified time period, and/or face legal action. Repetitive violations could mean permanent suspension from the property. For further clarification please see Addendum A: Procedure for Individuals Who Violate the Airport’s Code of Conduct.
Instances of irresponsible use of the airport and supporting examples include:
• Any illegal activity including, stealing, damaging, or altering any airport property, or the property of others on the airport.
Examples (includes but is not limited to): gambling, altering or damaging equipment or software; vandalism; trampling the landscape; starting a fire; moving furniture or other infrastructure without the express consent of the Airport staff; or use of county property in any manner that may damage it.
• Disorderly, drunken, dangerous, disruptive, or threatening behavior that may jeopardize the personal safety of any patrons, staff or facilities at the Airport, or that cause a nuisance to other patrons or Airport staff.
Examples (includes but is not limited to): behavior that a reasonable person would consider offensive; cursing; making obscene gestures; wearing clothing which can reasonably be deemed vulgar or obscene by community standards; wearing inadequate clothing including failure to wear shoes inside public space county facilities; approaching patrons or staff and engaging in unwanted or inappropriate interaction; threatening the personal safety of patrons, tenants, or staff; transmitting threatening, harassing, malicious, or abusive language and images; fighting; spitting inside; using a laser pointer (except for authorized use in a presentation); improperly using airport restrooms or facilities for purposes such as bathing; disciplining children in a manner which disrupts use of the airport by others; leaving children under the age of eight unattended on airport premises; entering non-public areas of the airport without permission. Any vehicle blocking the airport road or terminal entryway without direct permission from the airport staff is subject to removal at owner’s expense.
• Loitering (Patrons shall be engaged in activities associated with the use of a public airport while in the building.)
Examples (includes but is not limited to): blocking the entry ways, refusing to leave county-managed airport buildings at closing. Disruptive groups congregating on airport grounds will be asked to disperse.
• Consumption of intoxicants.
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Examples (includes but is not limited to): consuming illegal drugs anywhere on the airport, alcohol in public spaces, smoking within a 25 foot perimeter of an outside door of a county-maintained building, any fuel transfer or storage vehicle, airport fuel farm, or inside any county-maintained building.
• Exhibiting any tool or other item that could be construed by normal community standards to be a weapon in a threatening manner.
• Stalking or defamation.
Examples (includes but is not limited to): conduct that alarms, annoys, or harasses another patron or staff. This would include cyber-bulling.
• Indecent exposure; harassment; displaying pornography or materials harmful to minors.
Examples (includes but is not limited to): inappropriate touching; attempting or threatening physical contact; solicitation for sex; sexually-explicit dialog in public areas, display of sexually explicit materials or sites from the Internet in view of minors; exhibitionism/flashing; excessive public displays of affection.
• Soliciting donations of money; or distributing materials at the airport without prior approval. Community organizations may submit literature to the airport staff for approval for display in the display racks in the airport. Soliciting signatures on a petition is allowed outside the airport. Petitioners may not impede access to the airport or alarm, annoy, or harass another patron or staff member. Petitions left unattended will be discarded.
Examples (includes but is not limited to): panhandling.
• Producing excessive noise separate from an authorized airport program or activity.
Examples (includes but is not limited to): noises produced by instruments, people, or stereos that disrupt the activities of other patrons.
• Bringing pets onto the airport, with the exception of legal service animals, that are not under the control of the person responsible for the animal.
• Any questionable behavior or actions not listed above will be left to the discretion of the Airport manager or his/her designee for review and action.
The Airport is not responsible for personal belongings left unattended. Personal items left by patrons are subject to disposal.
Any person who is asked to leave the airport as a result of the violation of these guidelines and refuses to do so shall be considered to be trespassing and may be subject to suspension, ranging from temporary to permanent, from the airport and/or arrest. Any patron who has been suspended from the airport or denied privileges at the airport by the airport director or their representative can submit a written appeal within 30 days of receiving the airport manager’s decision. The appeal will be reviewed by the Grand County Council at their next regularly scheduled meeting.
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Code of Conduct Addendum A
Procedure for Persons who Violate the Airport’s Code of Conduct
If an individual is exhibiting dangerous, destructive or criminal behavior at the Airport, Airport staff will immediately call dispatch and ask dispatch to send over a law enforcement officer. As soon as the staff member is able s/he will locate the Airport Manager, or their designate, to inform him/her about the situation. Afterwards, the staff member will record the incident in detail in the Airport Incident Log located in the airport administrative offices. Based on the severity of the situation, the airport manager may decide to suspend the patron’s privileges for a specific period of time without any advanced warning. Repetitive violations could mean permanent suspension from airport privileges and/or property. Any patron who has been suspended from the airport or denied airport privileges by the Airport Manager (or their designate) can submit a written appeal within 30 days of receiving the Airport Manager’s decision. The appeal will be reviewed by the Grand County Council at their next regularly scheduled meeting. Airport tenants, patrons, or anyone in the general public should not hesitate to initiate contact with law enforcement officers if illegal activity is occurring.
Dangerous, destructive or criminal conduct may include, but is not limited to: physical abuse or assault fighting or challenging to fight making violent or threatening statements sexual harassment or misconduct damaging or destroying property
Other behaviors are also prohibited by the Airport’s Code of Conduct. In the event that a patron is in violation of another aspect of the Airport’s Code of Conduct then please follow the procedure explained below.
First, investigate the situation and determine if there is a problem. Airport staff does not have to wait for a patron to complain in order to act, if s/he feels that a patron is violating the Airport’s Code of Conduct. If the Airport Manager or designate are available, airport staff should consult with them before issuing a patron a warning.
First Violation Approach the patron and ask for the patron’s name if you do not already know it (you will need it for your incident report). Provide the patron with his/her first warning. When speaking to the offending patron please use the phrases/vocabulary used in the written warning.
1) Any other violations – patron is provided with a verbal warning and given a copy of the written warning/code of conduct policy. Tell the patron to cease the behavior or s/he will be asked to leave the airport.
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If a patron with any type of violation continues his/her behavior – tell the patron s/he needs to leave within ten minutes for the remainder of the day, and if the patron does not leave call dispatch and ask for an officer to escort the patron off of the airport.
Record the incident in detail in the Airport Incident Log.
Second Violation If a patron violates the Airport’s Code of Conduct on a second occasion within a year following the patron’s first violation, airport staff will follow the procedure listed above and make sure that the Airport Manager has been informed. The patron will be suspended from the airport for one week. Any patron who has been suspended from the airport or denied airport privileges by the Airport Manager or designee can submit a written appeal within 30 days of receiving the Airport Manager’s decision. The appeal will be reviewed by the Grand County Airport Board at their next regularly scheduled Board meeting.
Third Violation If a patron violates the Airport’s Code of Conduct on a third occasion within a year following the patron’s second violation, staff should follow the procedure listed above and make sure that the Airport Manager has been informed. The third violation will result in the Airport Manager considering suspending the patron from access to the Airport for one month. Any patron who has been suspended from the airport by the Airport Manager can submit a written appeal within 30 days of receiving the Airport Manager’s decision. The appeal will be reviewed by the Grand County Airport Board at their next regularly scheduled Board meeting.
Fourth Violation If a patron violates the Airport’s Code of Conduct on a third occasion within a year following the patron’s second violation, staff should follow the procedure listed above and make sure that the Airport Manager has been informed. The third violation will result in the Airport Manager considering suspending the patron from access to the Airport for one year. Any patron who has been suspended from the airport by the Airport Manager can submit a written appeal within 30 days of receiving the Airport Manager’s decision. The appeal will be reviewed by the Grand County Airport Board at their next regularly scheduled Board meeting.
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110 Aviation Way · Moab, Utah 84532 435-259-4849 · www.moabairport.com
The airport staff has determined that your behavior is in violation of the Airport’s Code of Conduct and you must stop immediately or you will be required to leave the airport grounds. If you are asked to leave and do not leave within ten minutes, law enforcement will be called to escort you out off of the property. Following is a list of consequences if you do not stop immediately or if you repeat this violation in the future. Thank you for your cooperation.
1st violation – suspension from the airport for the day 2nd violation – suspension from the airport for one week 3rd violation – suspension from the airport for one month 4th violation – suspension from the airport for a period of not less than 90 days, but up to and including permanent removal; at the discretion of the airport management and airport board.
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Date and description of violations:
1st violation______
2nd violation ______
3rd violation______
4th violation______
Please list any other violations below:
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