MINIMUM STANDARDS

AND

RULES AND REGULATIONS

REQUIREMENTS FOR

AIRPORT AERONAUTICAL SERVICES

Table of Content

Section 1- Preamble and Policy 1

Section 2 - Definitions 1

Section 3 - Minimum Standards for All FBO’s 4

Section 4 - Application and Qualifications 5

Section 5 - Action on Application 6

Section 6 - Aircraft Sales 7

Section 7 - Aircraft Airframe, Engine and Accessory Maintenance and Repair 8

Section 8 - Aircraft Lease and Rental 9

Section 9 - Flight Training 9

Section 10 - Commercial Skydiving 10

Section 11 - Aircraft Fuels and Oil Service 10

Section 12 - Avionics, Instruments or Propeller Repair Station 12

Section 13 - Aircraft Charter and Air Taxi 12

Section 14 - Aircraft Storage 13

Section 15 - Specialized Commercial Flying Services 13

Section 16 - Multiple Services 14

Section 17 - Flying Clubs/Sky Diver Clubs 15

Section 18 - FBO’s Subleasing From Another Commercial FBO 15

Section 19 - Environmental 15

Section 20 - Special Events 15

Section 21 - Vehicular Traffic 16

Section 22 - Advertising and Signs 17

Section 23 - Parked Aircraft 17

Section 24 - Ultra-light Vehicles 17

Section 25 - Acts of God 20

Section 26 - Enforcement 21

Section 27 - Acceptance of Regulations and Standards by Users 21

APPENDIX 1
Minimum Insurance Policy Limits 22

APPENDIX 2
Minimum Requirements for a Business Plan 23

Exhibit A
Airport Layout Plan 24

Section 1 Preamble and Policy

The Middle Peninsula Regional Airport Authority being the Owner and in a position of responsibility for the administration of the Middle Peninsula Regional Airport does hereby establish the following Policy for the Minimum Standards which include Rules and Regulations:

The Minimum Standards are intended to be the threshold entry requirements for those wishing to provide aeronautical services to the public and to insure that those who have undertaken to provide commodities and services as approved are not exposed to unfair or irresponsible competition. These Minimum Standards were developed taking into consideration the aviation role of the Middle Peninsula Regional Airport, facilities that currently exist at the Airport, services being offered at the Airport, the future development planned for the Airport and to promote fair competition at Middle Peninsula Regional Airport. The uniform application of these Minimum Standards, containing the minimum levels of service that must be offered by the prospective service provider, relates primarily to the public interest and discourages substandard entrepreneurs, thereby protecting both the established aeronautical activity and the Middle Peninsula Regional Airport patrons. All aeronautical activities and all business and other activities at the Airport shall be conducted and conform with these regulations and standards, and all pertinent rules, regulations, orders, rulings and ordinances of King and Queen County, the Middle Peninsula Regional Airport Authority, the VDA, FAA, and the NFPA as appropriate, which are made a part of these regulations and standards by reference. In the event of any conflict between these regulations and standards and any law, rule, regulations, order or ordinance of any governmental agency cited in this Section exercising the same or similar jurisdiction, the latter shall prevail.

Section 2 Definitions

Aeronautical Activity - means any activity conducted at airports which involves makes possible or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations. These activities include, but are not limited to, air taxi and charter operations, pilot training, aircraft renting, sightseeing, aerial photography, crop dusting, aerial advertising, aerial surveying, air carrier operations, skydiving, ultra-light operations, aircraft sales and services, sale of aviation petroleum products, repair and maintenance of aircraft, or sale of aircraft parts and aircraft storage.

Aeronautical Service means any service which involves, makes possible or is required for the operation of aircraft, or which contributes to or is required for the safety of aircraft operations commonly conducted on the airport by a person who has a lease from the airport owner to provide such service.

AGL mean an altitude expressed in feet measured Above Ground Level.

AIM means Airman’s Information Manual which is a publication containing Basic Flight Information and Air Traffic Control (ATC) Procedures designed primarily as a pilot”s instructional manual for use in the National Airspace System of the United States.

Airport means the Middle Peninsula Regional Airport and all of the property, buildings, facilities and improvements within the exterior boundaries of such airport as it now exists on the Airport Layout Plan or Exhibit A or as it may hereinafter be extended, enlarged or modified.

Airport Service Attendant means an employee of the Middle Peninsula Regional Airport

Air Side means the buildings, hangars, instrument and communications facilities, runways, taxiways, ramps, aprons, and run-up areas used by aircraft of the Airport.

Appropriate Business Hours means having published hours and employee on site.

Authorit y means the Middle Peninsula Regional Airport Authority created by the Middle Peninsula Regional Airport Authority Act enacted by the General Assembly of Virginia and approved April 8, 1997. The Authority owns and administers the Middle Peninsula Regional Airport.

Director means the Executive Director who is the designated person appointed by the Middle Peninsula Regional Airport Authority who shall exercise such powers and duties as may be delegated to him by the Authority.

FAA means the Federal Aviation Administration.

FAR means Federal Aviation Regulation.

FBO means any aviation business or Fixed Base Operator duly licensed and authorized by written agreement with the airport owner to provide aeronautical activities at the airport under strict compliance with such agreement and pursuant to these regulations and standards.

Flying Club means a non-commercial organization established to promote flying, develop skills in aeronautics, including pilotage, navigation, and awareness and appreciation of aviation requirements and techniques. See the Airport Rules and Regulations for requirements.

Fuel : Jet-A or Av-Gas or as defined in an operator’s lease agreement.

Fueling Operations means the dispensing of aviation fuel into aircraft.

Fuel Vendor means an entity engaged in selling or dispensing aviation fuel to aircraft other than that owned or leased by the entity.

Fueling Operations Permit means a permit issued by the airport manager to a person or entity who dispenses aviation fuel at Middle Peninsula Regional Airport (see Airport Rules and Regulations

for requirements and procedure). There are two types: (1) Fuel Vendor’s Permit; and (2) Self-fueling Permit.

IFR means Instrument Flight Rules which govern the procedures for conducting instrument flight.

Landside means all buildings and surfaces on the airport used by surface vehicular and pedestrian traffic.

Large Aircraft is an aircraft of more than 12,500 pounds maximum certified takeoff weight or turboprop and turbojet aircraft.

Lease (pertaining to the lease of aircraft by an aeronautical activity) means a long-term written agreement established on a minimum basis of six (6) months wherein the lessee shall have full control over the scheduling and use of aircraft and the aircraft is insured as required by these Minimum Standards for the use of the aircraft by Lessee. (Also referred to as aircraft “lease-back”).

Manager means the Airport Manager or his/her designee.

Minimum Standards means the standards which are established by the airport owner as the minimum requirements to be met as a condition for the right to conduct an aeronautical activity on the airport.

MSL means an altitude expressed in feet measured from Mean Sea Level.

NFPA means the National Fire Protection Association.

NOTAM means a Notice to Airmen published by the FAA.

Owner ‑ means the Middle Peninsula Regional Airport Authority, airport sponsor.

Person means an individual, corporation, government or governmental subdivision, partnership, association, or any other legal entity.

Proprietary Aeronautical Activity . As prescribed by FAA Advisory Circular 150/5190-2A (Exclusive Rights at Airport), the public agency that owns and operates the airport (Authority) may engage in any proprietary aeronautical activity and deny the same right to others without violating (FAA) policy. This means that the public Agency may provide aeronautical services on an exclusive basis using its own employees and resources.

Ramp Privilege means the driving of a vehicle upon an aircraft parking ramp on the air side of the airport to deliver persons, cargo or equipment to an aircraft as a matter of convenience or necessity. See Airport Rules and Regulations for requirements and procedure.

Self-fueling operator means a person who dispenses aviation fuel to aircraft owned by such person, or leased from others and operated by such person. See Airport Rules and Regulations for requirements and procedure.

Small Aircraft is an aircraft of 12,500 pounds or less maximum certified take-off weight.

Special Events are events are events other than normal or routine Airport traffic.

UNICOM means a non-governmental communication facility which provides airport advisory information.

VDA means the Virginia Department of Aviation.

WADO means the FAA Washington Airport District Office.

Section 3 Minimum Standards for All FBO’s

The following shall apply to all prospective aeronautical service providers wishing to become FBO’s at the Middle Peninsula Regional Airport:

1. Leases shall be for a term to be mutually agreed upon between the Lessee and the Airport Authority with due consideration for the financial investment and the need to amortize improvements to the leasehold. For existing properties, a deposit for first and last months fee paid at lease signing. Failure to pay fees for 60 days will be cause for eviction.

2. A person shall have such business background and shall have demonstrated his business capability to the satisfaction of, and in such manner as to meet with the approval of the Airport authority.

3. The FBO shall lease from the Owner and the lease shall include a building sufficient to accommodate all activities and operations proposed by the FBO. The minimum areas in each instance shall be subject to the approval of the Owner.

4. The prospective FBO shall have his premises open and services available as advertised. The airport staff will not conduct any business for the FBO.

5. All prospective FBO’s shall demonstrate to the Middle Peninsula Regional Airport Authority's satisfaction evidence of its ability to acquire one million dollars of liability insurance coverage as stipulated for each particular type of operation. The FBO should make its own analysis to determine if more is needed of to an amount stipulated in a contract with the authority. However, such policies of insurance shall be maintained in full force and effect during all terms of existing leases, agreements or business licenses or renewals or extensions thereof with a 30-calendar day notice of cancellation to Middle Peninsula Regional Airport Authority. Such policies shall not be for less than the amounts listed by contract; however, in all cases, amounts of policies must meet the statutory requirements of applicable governmental agencies and be approved in writing by the Middle Peninsula Regional Airport Authority.

Section 4 Application and Qualifications

Demonstration of intent to conduct a business operation at the Airport shall be by application to the Middle Peninsula Regional Airport Authority. The written application shall contain at the minimum:

1. The proposed nature of the business. A business plan may be used to express the proposed nature of the business. (See a business plan outline at APPENDIX 2.)

2. The signatures of all parties whose names are being submitted as owning an interest in the business or will appear on leases or other documents as being a partner, director or corporate officer and those who will be managing the business.

3. The current business financial statement if applicable.

4. A listing of assets owned, or being purchased, or leased which will be used in the business on the Airport.

5. Only for capital improvements, an agreement to provide a bond or suitable guarantee of adequate funds to the Middle Peninsula Regional Airport Authority to be used to defray any expenses and fees normally paid by the Lessee between the estimated time the Lessee may default and a new lease is executed and another Lessee takes over.

6. A written authorization for the FAA, any aviation or aeronautics commissions, administrators, and departments of all states in which the applicant has engaged in aviation business to release information in their files relating to the applicant or its operation. The applicant will execute such forms, releases, or discharges as may be required by those agencies.

7. Preliminary plans, specifications and dates for any improvements which the applicant intends to make on the Airport as part of the activity for which approval is sought. The applicant must comply with appropriate Review Procedures and the Middle Peninsula Regional Airport Authority requirements.

8. Proof (copy or insurance company and letter of intent) of liability coverage for the business operation, flight operations, itinerant aircraft and operators and premises insurance.

9. Such other information as the Middle Peninsula Regional Airport Authority may require.

10. Existing businesses and/or operations will be grand fathered from the above section.

Section 5 Action on Application

All applications will be reviewed and acted upon by the Middle Peninsula Regional Airport Authority within 90 days from the receipt of the application. Applications may be denied for one or more of the following reasons:

1. The applicant does not meet qualifications, standards and requirements established by these Minimum Standards.

2. The applicant's proposed operations or construction will create a safety hazard on the Airport.

3. The granting of the application will require the expenditure of local funds, labor or materials on the facilities described in or related to the application, or the operation will result in a financial loss to Middle Peninsula Regional Airport Authority.

4. There is no appropriate or adequate available space or building on the Airport to accommodate the entire activity of the applicant.

5. The proposed operation, Airport development or construction does not comply with the approved Airport Layout Plan.

6. The development or use of the area requested will result in a congestion of aircraft or buildings, or will result in unduly interfering with the operations of any present fixed base operator on the Airport, such as problems in connection with aircraft traffic or service, or preventing free access and egress to the existing fixed base operator area, or will result in depriving, without the proper economic study, an existing fixed base operator of portions of its leased area in which it is operating.

7. Any party applying, or interested in the business, has supplied false information, or has misrepresented any material fact in the application or in supporting documents, or has failed to make full disclosure on the application.

8. Any party applying, or having an interest in the business, has a record of violating the Rules, or the Rules and Regulations of any other Airport, Civil Air Regulations, Federal Aviation Regulations, or any other Rules and Regulations applicable to this or any other Airport.

9. Any party applying, or having an interest in the business, has defaulted in the performance of any lease or other agreement with the Middle Peninsula Regional Airport Authority or any lease or other agreement at any other airport.

10. The applicant does not have the finances necessary to conduct the proposed operation for a minimum period of six months.

11. The applicant has committed any crime, or violated any local ordinance rule or regulation, which adversely reflects on its ability to conduct the FBO operation applied for.

Section 6 - Aircraft Sales

Statement of Concept

1. New or Used Aircraft Sales: An aircraft sales FBO engages in the sale of new aircraft through franchises or licensed dealerships (if required by local, county or state authority) or distributorship (either on a retail or wholesale basis) of an aircraft manufacturer or used aircraft; and provides such repair, services, and parts as necessary to meet any guarantee or warranty on aircraft sold.

2. Used Aircraft Sales: Many companies engage in the purchasing and selling of used aircraft. This is accomplished through various methods including matching potential purchasers with an aircraft (brokering), assisting a customer in the purchase or sale of an aircraft, or purchasing used aircraft and marketing them to potential purchasers. In many cases these FBO’s also provides such repair, services, and parts as necessary to support the operation of aircraft sold. Some of the requirements may not be appropriate to the sale of used aircraft because of each aircraft's unique operational history.

Minimum Standards

1. The FBO shall provide necessary and satisfactory arrangements for repair and servicing of aircraft, but only for the duration of any sales guarantee or warranty period. The FBO shall provide an adequate inventory of spare parts for the type of new aircraft for which sales privileges are granted. The FBO who is engaged in the business of selling new aircraft shall have available a representative example of the product.

2. The FBO shall have in his employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the Minimum Standards set forth in an efficient manner. The FBO shall also maintain, during all business hours, a responsible person in charge to supervise the operations in the leased area with the authorization to represent and act for and on behalf of the FBO, and provide check ride pilots for aircraft sold.

Section 7 - Aircraft Airframe, Engine and Accessory Maintenance and Repair

Statement of Concept

An aircraft airframe, engine and accessory maintenance and repair FBO provides one or a combination of airframe, engine and accessory overhauls and repair services on aircraft up to and may include business jet aircraft and helicopters. This category shall also include the sale of aircraft parts and accessories.

Minimum Standards

1. The FBO shall provide sufficient equipment, supplies, manuals and availability of parts equivalent to that required for certification by the FAA.

2. The FBO shall have in his employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the Minimum Standards set forth in this category of services in an efficient manner, but never less than one person currently certificated by the FAA with ratings appropriate to the work being performed and who holds an airframe, power plant or an aircraft inspector rating.

3. An aircraft owner shall not contract with a second party, such as an aircraft maintenance company or contractor, to perform scheduled maintenance on their aircraft at Middle Peninsula Regional Airport unless said company or contractor is recognized by the Authority as an authorized Maintenance Fixed Based Operator (FBO) as defined.

4. Unscheduled maintenance by a non-FBO is permitted provided the aircraft owner notifies the Airport Manager of this activity in advance. The non-FBO to perform aircraft maintenance must present proof of proper FAA licenses and certificates, proof of public liability insurance with the Authority co-named on the policy and payment of a Maintenance Permit Fee. The Airport Manager will identify an area to perform such unscheduled maintenance or service.

5. Unscheduled maintenance is limited to the following:

a. Warranted maintenance work that requires repair or additional attention by the warranting company.

b. A malfunction that prevents the aircraft from being taken to another airport for maintenance.

c. Maintenance work requiring a specialty service that is not being provided by an approved maintenance FBO at Middle Peninsula Regional Airport.

Section 8 - Aircraft Lease and Rental

Statement of Concept

An aircraft lease or rental FBO engages in the rental or lease of aircraft to the public.

Minimum Standards

1. The FBO shall have available for rental, either owned or under written lease to FBO, one (1) certified and currently airworthy aircraft

2. The FBO shall have in his employ and on duty during the appropriate business hours, a minimum of one person having a current FAA commercial pilot certificate with appropriate ratings, including instructor rating.

Section 9 - Flight Training

Statement of Concept

A flight training FBO engages in instructing pilots in dual and solo flight training, in fixed and/or rotary wing aircraft, and provides such related ground school instruction as is necessary preparatory to taking a written examination and flight check ride for the category or categories of pilots' licenses and ratings involved.

Minimum Standards

1. The FBO shall have available for use one (1) certified, currently airworthy aircraft which must be equipped for, and capable of, use in instrument flight instruction if instrument instruction is being performed.

2. The FBO shall have at least one flight instructor who has been properly certificated by the FAA to provide the type of training offered.

Section 10 - Commercial Skydiving

Statement of Concept

A Skydiving FBO engages in the transportation of persons for skydiving, instruction in skydiving, and rental and sales of skydiving equipment.

Minimum Standard

1. The FBO shall have available for skydiving, either owned or under written lease to the FBO; at least one properly certificated and insured aircraft.

2. The FBO operation shall meet or exceed the Basic Safety Requirements (BSR) of the United States Parachute Association (USPA), FAR 105, and related FAA Advisory Circulars. The jump plane pilot must hold an FAA commercial pilot certificate and appropriately rated for the aircraft being operated.

3. The skydiving FBO shall carry the same insurance coverage and limits as any other FBO on the airport.

Section 11 - Aircraft Fuels and Oil Service

Statement of Concept

At the present time, the Middle Peninsula Regional Airport Authority retains the exclusive rights to aviation fuel sales. When allowed, An aircraft fuels and oil service FBO provides aviation fuels, lubricants and other services supporting itinerant aircraft operations and operations of aircraft based on the airport.

Minimum Standards

No aircraft will be fueled while in a hangar. A fuel flowage fee will be paid to the Authority for all fuels dispensed into an aircraft while parked at Middle Peninsula Regional Airport per the approved Fee Schedule. Except as otherwise provided in any agreement between the FBO and the Authority, an FBO conducting aviation fuel and oil sales or service to the public on the Airport shall be required to provide the following services and equipment:

1. Appropriate grades of aviation fuel.

a. Jet-A

b. 100 LL

2. An adequate inventory of generally accepted grades of aviation engine oil and lubricants.

3. Fuel dispensing equipment, meeting all applicable Federal, State, and Authority requirements for each type of fuel dispensed.

4. Proper equipment for aircraft towing, inflating aircraft tires, washing aircraft windscreens, pre-heating engines and recharging aircraft batteries.

5. The safe storage and handling of fuel in conformance with all Federal, State, County requirements and fire codes pertaining to safe storage and handling of fuel.

6. The lawful and sanitary handling and timely disposal, away from the Airport, of all solid waste, regulated waste, and other materials including, but not limited to, used oil, solvents, and other regulated waste. The piling and storage of crates, boxes, barrels, and other containers will not be permitted within the leased premises.

7. Permanent restroom facilities for personnel and customers.

8. Auto parking for customers and employees.

9. A flight planning area with appropriate seating, work areas, communication facilities, directories and all items necessary for complete flight planning separate from other public areas.

10. A pilot lounge and waiting area for transition of air passengers to ground transportation and vice versa.

11. Adequate bonding wires will be installed, continuously inspected and maintained on all fueling equipment, to reduce the hazards of static electricity.

12. An adequate supply of properly located fire extinguishers and other precautions and/or equipment required by applicable fire codes.

13. Unless provided by the airport owner, the FBO shall have an above ground fixed fuel storage system which shall contain safety fixtures and filtration systems to ensure airline-type quality. The system shall be required to have at least 10,000 gallons of storage for each type of fuel the FBO is required to provide. The storage system must include adequate fuel spill prevention features and containment capabilities, together with an approved fuel Spill Prevention Countermeasures and Control Plan (SPCC), as applicable.

Section 12 - Avionics, Instruments or Propeller Repair Station

Statement of Concept

An avionics, instrument, or propeller repair station FBO engages in the business of and provides a shop for the repair of aircraft avionics, propellers, instruments, and /or accessories for general aviation aircraft. This category may include the sale of new or used aircraft avionics, propellers, instruments, and accessories. The FBO shall hold the appropriate repair station certificates issued by the FAA for the types of equipment he plans to service and/or install.

Minimum Standards

The FBO shall have in his employ and on duty during the appropriate business hours trained personnel in such numbers as are required to meet the Minimum Standards set forth in this category in an efficient manner but never less than one person who is an FAA rated radio, instrument or propeller repairman.

Section 13 - Aircraft Charter and Air Taxi

Statement of Concept

An unscheduled or scheduled air charter or air taxi FBO engages in the business of providing air transportation (persons or property) to the general public for hire, on an unscheduled or scheduled basis under Code of Federal Regulations CFR 14 Part 135 of the Federal Aviation Regulations.

Minimum Standards

1. The FBO shall provide, either owned or under written lease a certified and airworthy aircraft to perform services offered under FAR Part 135.

2. The FBO shall have in his employ and on duty during the appropriate business hours trained personnel in such numbers as are required to meet the Minimum Standards set forth in this category in an efficient manner but never less than one person who is an FAA certified commercial pilot and otherwise appropriately rated to permit the flight activity offered by FBO.

Section 14 - Aircraft Storage

Statement of Concept

An aircraft storage FBO and individual owners engaged in the rental of conventional hangars, multiple T‑hangars or on airport property.

Minimum Standards

1. The conventional hangar FBO shall have his facilities available for the tenant's aircraft removal and storage on a continuous basis.

2. The FBO shall demonstrate that it can provide sufficient personnel trained to meet all requirements for the storage of aircraft with appropriate equipment.

3. Storage of aircraft in an unserviceable condition outside of a hangar shall have all surfaces (i.e. tail cone, nose cone, engine cowling, inspection ports, etc.) secured on the aircraft. Tires shall be inflated and of serviceable condition so it can be moved if necessary. The Airport Manager can designate a specific location on the airport for aircraft undergoing maintenance that cannot be hangared.

4. Aircraft owner maintenance will be permitted under FAR Part 43, Appendix A, paragraph c.

5. Unserviceable and wrecked aircraft will not be stored in an open area for a period to exceed ninety (90) calendar days. The owner will remove the unserviceable or wrecked aircraft or the Airport Manager shall have the right to have the aircraft removed from the airport at the owner’s expense as permitted under FAA Order 5190.6A, 4, b, (3).

Section 15 - Specialized Commercial Flying Services

Statement of Concept

A specialized commercial flying service FBO engages in air transportation for hire for the purpose of providing the use of aircraft for the following activities:

a. Nonstop sightseeing flights that begin and end at the same airport.

b. Crop dusting, seeding, spraying, and bird chasing.

c. Banner towing and aerial advertising.

d. Aerial photography or survey.

e. Power line or pipe line patrol.

f. Fire fighting.

g. Any other operations specifically excluded from Part 135 of the Federal

Aviation Regulations.

Minimum Standards

1. In the case of crop dusting or aerial application, the FBO shall make suitable arrangements and have such space available in his leased area for safe loading and unloading and storage and containment of chemical materials. All FBO’s shall demonstrate that they have the availability of aircraft suitably equipped for the particular type of operation they intend to perform.

2. The Owner shall set the minimum insurance requirements as they pertain to the particular type of operation to be performed. These minimum requirements shall be applicable to all operations of a similar nature. All FBO’s will, however, be required to maintain the Aircraft Liability Coverage as set forth for all FBO’s.

3. The FBO shall have in his employ, and on duty during appropriate business hours, trained personnel in such numbers as may be required to meet the Minimum Standards herein set forth in an efficient manner.

Section 16 - Multiple Services

Statement of Concept

A multiple services FBO engages in any two or more of the aeronautical services for which Minimum Standards have been herein provided.

Minimum Standards

1. The FBO shall comply with the aircraft requirements, including the equipment thereon for each aeronautical service to be performed except that multiple uses can be made of all aircraft owned or under lease by FBO except aircraft used for crop dusting, aerial application, or other commercial use of chemicals.

2. The FBO shall provide the facilities, equipment and services required to meet the Minimum Standards as herein provided for all aeronautical service the FBO is performing.

3. The FBO shall obtain, as a minimum, that insurance coverage which is equal to individual insurance requirements of all aeronautical services being performed by FBO.

4. The FBO shall have in his employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the Minimum Standards for each aeronautical service the FBO is performing as herein provided. Multiple responsibilities may be assigned to meet the personnel requirements for each aeronautical service being performed by the FBO.

Section 17 - Flying Clubs/Sky Diver Clubs

Clubs are nonprofit entities organized for the express purpose of providing its members with any number of aircraft for their personal use and enjoyment only. Flying Club aircraft must be vested in the name of the club or owners on a pro-rata share. The club may not derive greater revenue from the use of the aircraft than the cost to operate, maintain and replace the aircraft. A flying club qualifies as an individual under the grant assurances and, as such, has the right to fuel and maintain the aircraft with its members. The sponsor has the right to require a club to furnish documents such as insurance policies, and maintain a current list of members as reasonably necessary to ensure that the club is a nonprofit organization rather than an FBO masquerading as a flying club or sky diving club. A reasonable airport use fee may be imposed. Because Clubs are not commercial FBO’s, their regulation should not be attempted through airport Minimum Standards. Regulation of such activity should be through airport Rules and Regulations.

1. The Airport Manager may designate a reasonable time period and specific area for skydiving activities.

2. Skydiving Clubs will hold a general liability insurance policy that names the airport owner as an additional ensured party with the amount to be reasonable and not unjustly discriminatory.

RULES AND REGULATIONS

Section 18 - FBO’s Subleasing From Another Commercial FBO

Prior to finalizing an agreement, the lessee and sub lessee shall obtain the written approval of the Middle Peninsula Regional Airport Authority for the business proposed. Said sublease shall define the type of business and service to be offered by the sub lessee FBO.

The sub lessee FBO shall meet all of the Minimum Standards established by the Owner for the categories of services to be furnished by the FBO. The Minimum Standards may be met in combination between lessee and sub lessee. The sublease agreement shall specifically define those services to be provided by the lessee to the sub lessee that shall be used to meet the standards.

Section 19 - Environmental

Any FBO, person, party, firm or corporation operating on this airport must comply with all federal, state and local environmental requirements.

Section 20 - Special Events

Special events, including but not limited to air shows, air races, fly-ins, skydiving or other similar events requiring the general use of the Airport, for other than normal or routine Airport traffic, shall not be held unless written approval is obtained from the Authority. The written authorization shall specify the areas of the Airport authorized for such special use, dates and such other terms and conditions as the Authority may require. For approved reoccurring events, a Special Use Permit can be issued for periods up to six months by the Airport Manager after initial approval by the Authority.

Section 21 - Vehicular Traffic

Traffic laws of the Commonwealth of Virginia shall apply to the streets, roads and vehicular parking areas on the Airport. All traffic, informational, and warning signs shall be obeyed. Except for fire-fighting equipment, ambulance and emergency vehicles; no person shall take or drive any vehicle on the air side surfaces unless permission has been first obtained in writing from the Manager. The following rules of operation apply to vehicles operated on the Airport:

Land Side:

1. No person shall operate a motor vehicle of any kind on the Airport in a reckless or negligent manner, or in excess of 25 miles an hour.

2. Pedestrians shall have the right of way at all times.

3. Vehicles parked for more than 12 hours but less than 36 hours shall first obtain permission from the Airport Manager or designee.

4. Long Term Parking will obtain a permit from the airport Manager that must be displayed on the vehicle as directed. (See Fee Schedule)

5. Vehicle parking shall be conducted in designated parking areas or as assigned by written agreement.

Air Side:

1. Operation of a vehicle of any kind on the air Side will require advance permission from the Airport Manager.

2. No vehicle will exceed 15 miles an hour except emergency vehicles. In the vicinity of aircraft, the speed of a vehicle will not exceed 5 miles per hour.

3. Aircraft shall have the right of way at all times. When vehicles are operating on the air side, they shall pass to the rear and at least 20 feet clear of taxiing aircraft.

4. Ramp privilege shall not include or authorize the parking of vehicles except to load or unload persons, cargo or equipment. Parked vehicles shall be parked clear of taxi lanes and parked aircraft so as not to restrict the movement of, endanger or damage the aircraft.

5. Vehicles shall be prohibited from operating on the airport runway or taxiway without prior written permission from the Airport Manager.

Section 22 - Advertising and Signs

Signs or other advertising shall not be placed or constructed upon Airport property, on or in any building or structure or improvement thereon without having first obtained written approval from the Airport Manager. The Authority may refuse permission for such signs if it finds that such signs are undesirable, unnecessary or create a safety hazard.

Section 23 - Parked Aircraft

The pilot or owner shall properly secure the aircraft while parked or stored. Aircraft pilots or owners are solely responsible for parking and tying down their aircraft, including any special security measurers required by weather conditions or other conditions at the Airport. The owner and/or pilot of each aircraft shall be held solely responsible for any damage or loss resulting from the failure of otherwise provided in a lease agreement, shall be limited to the maintenance of the aircraft parking space. Parking space maintenance shall consist of such things as line painting, rope replacement, grommet repair, and asphalt or sod repair. Snow removal shall be limited to paved taxiways adjacent to tie-down spaces.

A specific tie-down space shall be assigned each aircraft when space is rented on a monthly basis. When the aircraft is not parked in the assigned space, the owner/pilot shall place a weighted reserved sign (provided by the aircraft owner) at the top of the T.

Section 24 ‑ Ultra-light Vehicles

INTRODUCTION :

In a spirit of fostering safety and cooperation between ULTRA-LIGHT vehicles and both fixed and rotary wing aircraft utilizing the Middle Peninsula Regional Airport, the Middle Peninsula Regional Airport Authority has prescribed rules and regulations to govern the operation of ultra-light vehicles at the Middle Peninsula Regional Airport.

PURPOSE :

The purpose of these rules and regulations are to regulate and promote safety in the operation of ULTRA-LIGHT vehicles and also reduce the potential for danger to the lives of persons and property on and in the vicinity of the Airport. Another purpose of these rules and regulations is to encourage all those utilizing the Airport's facilities to strive for a healthy, cooperative relationship and rededicate themselves to the highest level of safe and enjoyable flying.

APPLICABILITY :

Those ULTRA-LIGHT vehicles which operate from the airport and meet the definition of the FAR Part 103, and Experimental Vehicles subject to FAR Part 91, will be subject to these regulations. ALL ULTRA-LIGHT vehicles operating at Middle Peninsula Regional Airport should be equipped with properly functioning two-way VHF radio and be familiar with local communications. ULTRA-LIGHT vehicles/operators departing from and approaching the airport should monitor two-way communications so as to allow the airport or other aircraft to communicate with them.

REGISTRATION :

1. Prior to operating an ULTRA-LIGHT vehicle at the Airport, the operator shall contact the Airport Manager. Pilots of ULTRA-LIGHT vehicles should be registered with the UNITED STATES ULTRA-LIGHT ASSOCIATION or AERO SPORTS CONNECTION. Pilots of ULTRA-LIGHT vehicles shall notify the Airport by radio or telephone in advance of operating an ULTRA-LIGHT vehicle at the Airport.

2. ULTRA-LIGHT operators shall, at the request of the Airport Manager, present registration certificates or vehicles for inspection.

3. No air tours, familiarization flights, demonstration flights, flight instruction, or flight operations other than so authorized by special use permit issued by the Middle Peninsula Regional Airport Authority or agent, will be conducted from the Middle Peninsula Regional Airport.

FLIGHT OPERATIONS :

1. All flight operations shall be in accordance with FAR Parts 103 and 91.

2. Traffic pattern operations shall conform to published standards.

GROUND OPERATIONS :

1. All ULTRA-LIGHTS should have operational brakes on each main wheel.

2. While taxiing, speed will not exceed 10 mph or commensurate with existing conditions.

3. Parking on taxiways or between T-Hangars will not be permitted at any time for any reason.

4. Assembly of ULTRA-LIGHT vehicles will be in an area designated by the Airport Manager or his representative.

5. The fee for overnight parking will be the same charge as conventional aircraft. The policy of overnight parking is to assure a fee is paid in a fair and equitable manner.

6. Only one light aircraft or ULTRA-LIGHT may be secured in a hangar. If more than one is stored, a charge will be applied to each light aircraft and/or ULTRA-LIGHT.

TRAFFIC PATTERN :

1. The traffic pattern for all Runways is left-hand. This will place ULTRA-LIGHT operations in the same pattern as conventional aircraft.

2. Wind direction will determine the runway in use.

3. The traffic patterns for ULTRA-LIGHT vehicles are to be flown at 500 feet above ground (AGL). Conventional aircraft fly their pattern at published altitudes

4. ULTRA-LIGHT vehicles shall remain well clear of runways while operating on the ground and in the air.

5. No ULTRA-LIGHT should operate within 5 miles of the airport except for landing or departing.

6. When using runways, ULTRA-LIGHT pilots shall not extend their downwind leg so that it might interfere with the conventional aircraft pattern. ULTRA-LIGHT Aircraft shall depart the runway at the next open taxiway.

NOISE :

All ULTRA-LIGHT operators must be aware of the effects of noise generated by their vehicles on the surrounding neighborhoods. Continued operation will constitute a muffler or noise reduction propeller be installed to reduce noise. ULTRA-LIGHTS should remain well clear of all buildings.

SAFETY :

1. Safety is the most important aspect of all operations at the Airport. The Airport Manager shall receive and investigate all reports of unsafe or potentially unsafe practices by operators of ULTRA-LIGHT vehicles and conventional aircraft. The Airport Manager will report all unsafe or potentially unsafe practices to the operator of the ULTRA-LIGHT vehicle and/or to the FAA, in the Airport Manager's discretion.

2. The Airport Manager will report, within twenty-four hours of the occurrence, to the FAA in writing all ULTRA-LIGHT vehicle accidents occurring at the Airport.

3. Operator of ULTRA-LIGHT vehicles shall immediately report to the Airport Manager any accidents involving the ULTRA-LIGHT vehicle. Reportable accidents include those involving serious injuries, fatalities, or substantial damage.

4. Orderliness and discipline within the operation area of the airport, both ground and air, are the responsibilities of the ULTRA-LIGHT operators.

5. Towing of a hang glider is restricted to special events and a special use permit by the Middle Peninsula Regional Airport Authority.

ENFORCEMENT :

The Airport Manager or his designated representative has the power to enforce the provisions of these regulations. Violation of any of these rules or of FAR Parts 103 and 91 (or any other applicable federal, state, county, or Airport law, or regulation) may cause suspension of operating privileges on the Middle Peninsula Regional Airport.

Section 25 - Acts of God

Nothing contained in these regulations and standards shall be construed as requiring the Authority or tenant 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 circumstance beyond the control of the Authority.

Section 26 - Enforcement

The Airport Manager shall enforce these regulations and standards for the Airport Authority. The manager has the right to refuse any aircraft from departing the airport until all payments due are paid in full. The Airport Manager shall notify the appropriate law enforcement for any illegal actives and the FAA as necessary.

Section 27 - Acceptance of Regulations and Standards by Users

The use of the Airport or any of its facilities in any manner shall constitute an acceptance by the user of these regulations and standards and shall create an obligation on the part of the user to abide by these regulations and standards. All persons licensed and duly authorized to do business or conduct operations of any kind on the Airport shall keep a current copy of the regulations and standards.

APPENDIX 1

Minimum Insurance Policy Limits

Type of Insurance	Minimum Limits	When Needed
Workman’s compensation	Statutory	Statutory
Aircraft Liability	Risk Analysis	Owned or leased aircraft
Non-owned Aircraft Liability	Risk Analysis	Flying non-owned aircraft (such as dual to owner, maintenance test & ferry flights, pilot service, sales demonstrations.)
Airport Premises Liability	Risk Analysis	Airport premises are owned or leased by tenant.
Products & completed Ops.	Risk Analysis	aircraft repair or service, fuel & oil sales, aircraft sales, avionics repair, aircraft parts sales, and manufacturing.
Builders Risk	Risk Analysis	Construction projects.
Contractual Liability	Risk Analysis	Hold harmless and indemnification agreement is included in a lease.
Hangar Keepers Liability	Risk Analysis	Non-owned aircraft are in the care, custody or control of the tenant while on the ground.
Property Insurance for Replacement.		Covers physical damage of lease hold premises damage to premises leased from the airport.
Automobile Liability	Statutory minimum	Owned and non-owned licensed vehicles are driven on the airport premises.
Chemical Liability	Usually statutory	Aerial applicators and fire bombers.
Environmental	Risk Analysis	(Investigate state and federal limits and financial assistance.)

APPENDIX 2

Minimum Requirements for a Business Plan

1. All services that will be offered.

2. Amount of land desired to lease.

3. Building space that will be constructed or leased.

4. Number of aircraft that will be provided.

5. Equipment and special tooling to be provided.

6. Number of persons to be employed.

7. Short resume for each of the owners and financial backers.

8. Short resume of the manager of the business (if different from “g” above) including this person’s experience and background in managing a business of this nature.

9. Periods (days and hours) of proposed operation.

10. Amounts and types of insurance coverage to be maintained.

11. Evidence of the projections for the first year and the succeeding 4 years.

12. Methods to be used to attract new business (advertising and incentives).

13. Amenities to be provided to attract business.

14. Plans for physical expansion, if business should warrant such expansion.

Exhibit A

Airport Layout

October 1, 2007

Effective October 12, 2006

Middle Peninsula Regional Airport

Aircraft Hangar Waiting and Rental Policy

 Effective October 12, 2006

SUBJECT: WAITING LIST, ASSIGNMENTS, TRANSFERS AND USE OF MIDDLE PENINSULA REGIONAL AIRPORT AIRCRAFT STORAGE HANGARS

PURPOSE: To establish policy for the assignment, transfer, and use of Middle Peninsula Regional Airport aircraft storage hangars

 

GENERAL:

 

0. The prime objectives for building and maintaining aircraft storage hangars are to provide serviceable aircraft (as defined in the FAR/AIM) with protection from severe weather conditions and to provide the Airport with income from users.

0. The use of any of the Middle Peninsula Regional Airport Facilities creates an obligation by the users to obey all regulations, rules, and procedures established by the Airport Authority.

0. Hangars may be used by the lessee for maintenance on lessee’s aircraft only per the FAR. Welding and painting of any kind is prohibited in all hangars.

 

0. Hangar rents may be adjusted annually in December in the amount up to 3%. The adjustments will be reflected in the January billing. Lease Contract will be the determining factor.

0. Hangar leases are not transferable except to next-of-kin upon death of the lessor when aircraft ownership is retained. Next-of-kin must sign a new lease within six (6) months after the death of the lessor.

0. Circumstances will arise in the normal management of hangar assignments that are not addressed in this Policy Instruction, Hangar Lease or in the Minimum Standards. In these circumstances, the Airport Manager shall decide how to proceed using their best judgment.

0. All hangar use shall be subject to the provisions of the Authority’s approved Hangar Lease Agreement, as it may be changed from time to time, which shall supersede any of the provisions herein. No hangar occupancy shall be allowed until the tenant executes the Lease and complies with the provisions thereof, including, and without limitation, the provision of insurance, proper identification and certification of ownership of the aircraft to be stored in the hangar and payment of any applicable funds and deposits.

0. Hangar assignment, transfer and use rules and regulations and fees are subject to change at any time without prior notice. An application for assignment or transfer does not created a vested right in any Authority facility. Waiting lists may be terminated at any time and being on a waiting list does not guarantee future occupancy of a hangar.

0. Changes made to this Policy Instruction are not intended to be retroactive and shall not operate to effect any assignments made prior to October 12, 2006. All assignments made after October 12, 2006 shall conform to the provisions of the revised Policy Instruction.

0. The Authority reserves the right to reassign hangars at any time such that aircraft are housed in appropriately sized hangars. In making such reassignments, the Authority shall not take into account space needed for non-aircraft uses.

0. No hangar tenant shall assign, sublet, or otherwise permit occupancy or use of any hangar by any person other than as authorized in writing by the Authority for any purpose or reason. In the event of any unauthorized occupancy or use, any compensation received by the hangar tenant, in money or money’s worth, shall, upon demand of the Authority, be turned over to the Authority and becomes the property of the Authority. The tenant may be evicted for same.

0. No aircraft storage hangar shall be used for any commercial purpose, including without limitation, warehousing, manufacturing, or fabrication. Maintenance Hangars will be separate designations from Storage Hangars.

0. Tenants must maintain hangars in a condition that permits the serviceable aircraft of record to fit into the space at all times.

0. Tenants shall use hangars for storage of serviceable aircraft, and associated aircraft equipment, parts, tools, and supplies. Any flammable material will be stored in approved flammable storage containers. All items stored must belong to the individual tenant authorized to use the hangar. Storage of personal items, (i.e. boats, household furniture, personal items) is prohibited.

TYPES OF HANGAR OCCUPANCY

The Authority recognizes three types of aircraft hangar occupancy – Hangar Lease Occupancy, Hangar Sublease Occupancy and Hangar Sub-share Occupancy.

0. Hangar Lease Occupancy occurs when a hangar tenant executes the standard hangar Lease Agreement with the Authority and occupies the hangar pursuant to the terms of the lease agreement and Authority rules and regulations.

0. Hangar Sublease Occupancy occurs when

0. a hangar is temporarily not needed by a hangar tenant of record due to loss or sale of aircraft and pursuant to Authority policies is turned over to the Authority for sublease; or
0. When an individual on the Hangar Wait List is offered assignment of a hangar and accepts, but is unable to identify an aircraft immediately and elects to exercise their option to take up to one year to identify an appropriate aircraft prior to executing the standard hangar lease and taking possession. All subleases are on a month-to-month basis not to exceed one year. All sublease tenants are selected by the Authority from the Hangar Wait List.

0. Hangar Sub-share Occupancy occurs when a hangar tenant of record either does not need occupancy of the hangar 100% of the time (called a “time share” arrangement) or when, because of the size of the hangar and the size of the tenant’s aircraft, it is possible to place two aircraft in the hangar at the same time (called a “multiple use” arrangement).

HANGAR WAIT LIST

 

0. The Authority will maintain two wait list relative to hangar occupancy – the Hangar Wait List and the Hangar Transfer Request List.

0. The Hangar Wait List is a list of prospective hangar tenants. To be assigned a hangar, an applicant must show proof of ownership or lease of aircraft and a certificate of insurance. Proof must be in the form of an aircraft registration naming applicant as owner or a copy of lease naming applicant as lessee of the aircraft or a bill of sale and FAA registration application. Should any information submitted be found to be fraudulent, it shall automatically terminate, and the Authority shall retake the hangar. The Authority shall have the Hangar Waiting List available for public viewing.

0. The Hangar Transfer Request List is a list of current hangar tenants who, for appropriate reasons, desire to change their hangar assignments. In addition to current hangar tenants, previous hangar tenants who meet the following criteria shall also be eligible to be on the Hangar Transfer Request List: (1) the tenant sold or otherwise disposed of the aircraft which was assigned to the previous hangar, and (2) turned possession of the previous hangar back to the Authority for reassignment, and (3) within 60 days of selling or otherwise disposing of said aircraft acquired an aircraft which would not physically fit into the previous hangar, and (4) within 30 days of acquiring said larger aircraft applied to be on the Hangar Transfer Request List for assignment of a hangar of suitable size to house the new aircraft.

0. Hangar transfers will be implemented to accommodate aircraft requirements such as size and weight, as well as a tenant’s preference for aspect. No consideration will be given to transfer requests to accommodate storage of other items unrelated to the aircraft of record.

WAIT LIST APPLICATION PROCEDURE

 

All wait lists are maintained by the Airport Manager in application order (date of application). The applicant with the oldest date/time will be at the top of the list unless moved to the bottom because of prior offer; the applicant with the most recent date/time will be on the bottom. Applicants who are offered a hangar to accommodate their aircraft of record and do not accept the offer will be moved to the bottom of the list or removed if requested. All requests to be placed on a list must be in writing on the appropriate Authority form, which shall include among other information, identification of the type and size of aircraft for which the application is being made. Determination of aircraft/hangar compatibility and offers of assignment shall be based upon this submitted information. Only applicants who meet wait list criteria will be placed on a wait list. Approved Hangar Wait List applicants shall pay a first and last months deposit upon notification of hangar availability plus the first months rent on the day of signing lease.

ANNUAL WAIT LIST MAINTENANCE PROCEDURE

In order to be assured that only those with a current interest remain on wait lists, all those on a list shall be required to file their current addresses and phone numbers with the Airport Manager. Each January, the Authority shall mail a Wait List Form Request to each individual on both lists. Said form shall require that each individual reconfirm their desire to be on the list, verify essential information relative to their application, and return the form to the Airport Manager. Any individual who does not return said form by April 1 of said year shall be dropped form the list without further notice. It is the responsibility of each individual on a list to ensure that the annual confirmation is actually received by the Airport Manager. The Airport Manager or Authority is not liable for loss in the mail in either direction.

HANGAR ASIGNMENT PROCEDURE

0. All assignments shall be attempted in application order, considering aircraft compatibility. The Airport Manager shall determine aircraft compatibility for all assignments. The policy of the Authority is not to place small aircraft in a large hangar when larger aircraft which will fit in said hangar are waiting, regardless of the application order. This may result in larger aircraft being assigned first, regardless of position on the list. The determination of the Airport Manager shall be final.

0. The Hangar Transfer Request List shall have priority over the Hangar Wait List.

0. When a hangar becomes available for assignment, the hangar will be offered to individuals on the Hangar Transfer Request List with compatible aircraft, starting at the top of the Hangar Transfer Request List. Any individual on the Hangar Transfer Request List who declines an offer of transfer shall be removed from the Hangar Transfer Request List. If an offer of transfer is accepted, the individual accepting the transfer shall be dropped from the Hangar Transfer Request List, and the assignment procedure started anew for the vacated hangar.

0. When any hangar available for assignment is not assigned to an individual on the Hangar Transfer Request List, it shall then be offered to an individual on the Hangar Wait List with compatible aircraft. An individual offered assignment of a hangar shall have three options:

0. To accept the offer and take immediate possession of the hangar after providing proof of ownership and insurance, and executing the Hangar Lease Agreement as provided by the Airport Manager, with the name of the individual accepting the assignment being dropped from the Hangar Wait List; or

0. To accept the offer, conditioned upon the acquisition of a compatible aircraft within 60 days. The individual will deposit required deposits and rent for this period in advance. In the event that the prospective tenant does not provide notice and proof of acquisition of a compatible aircraft within 60 days, any of the prospective tenant’s right to a hangar shall cease and the prospective tenant shall be assessed an administrative fee of the first and last months deposit to cover the Authority’s cost during this period; or

0. To decline the offer, in which case the individual’s application shall be placed at the bottom of the Hangar Wait List or removed at their request and the assignment procedure started anew.

LOSS OF HANGAR ASSIGNMENT

When a hangar tenant sells or loses the aircraft of record, or obtains an aircraft which will not physically fit into the assigned hangar, the lease by which the tenant had possession of the hangar shall automatically terminate, with the following exception: 

1. In the case of a sale or loss, the hangar tenant may retain the right to the hangar for a period on one year from the date of sale or loss, provided that the hangar tenant

(A)Notifies the Airport Manager in writing of their intention to replace the aircraft with another aircraft which will physically fit into the hangar, and

(B) That the hangar is turned over to the Authority for subleasing until the hangar tenant gives 30 day’s written notice that the aircraft has been replaced and sub-lessee must release the hangar back to the Authority. In the event that such notice is not given in writing within one year, the lease shall automatically terminate and the current sub-lessee will sign a new lease for the assigned hangar.

SUBLEASING

Hangar Sub-lease Occupancy occurs when (1) a hangar is temporarily not needed by a hangar tenant of record due to loss or sale of aircraft and pursuant to Authority policies is turned over the Authority for sublease; or (2) when an individual on the Hangar Wait List is offered assignment of a hangar and accepts, but is unable to identify an aircraft immediately and elects to exercise their option to take up to one year to identify and appropriate aircraft prior to executing the standard hangar lease and taking possession. All subleases are on a month-to-month basis not to exceed one year. All sublease tenants are selected by the Airport Manager from the Hangar Wait List.

0. When a hangar becomes available for sublease, the Airport Manger will assign an appropriate sublease tenant from the Hangar Wait List, starting from the top of the list. A prospective sublease tenant who declines an offer of a sublease shall become ineligible to participate in the sublease program for a period of two years. The sublease tenant must execute the Authority standard sublease agreement.

0. The Airport Manager shall bill the sublease tenant directly for the full hangar rent. The hangar tenant is not authorized to solicit or accept any payment, in money or money’s worth, from the sublease tenant.

0. Sublease tenants must abide by the terms of the hangar sublease tenant agreement. The Authority, hangar tenant or sublease tenant may terminate the sublease agreement by giving a minimum 30 days written notice to the other two parties. If the sublease agreement is terminated by the hangar tenant, said tenant must take immediate possession of the hangar after 30 days of notice with an appropriate aircraft or lose possession of the hangar.

0. Acceptance of the sublease arrangement does not modify an individual’s position on the Hangar Wait List.

SUB-SHARING/CO-SHARING

Hangar Sub-share Occupancy occurs when a hangar tenant of record either does not need occupancy of the hangar 100% of the time (called a “time share” arrangement) or because of the size of the hangar and the size of the tenant’s aircraft, it is possible to place two aircraft in the hangar at the same time (called “multiple use” arrangement). Sub-share arrangements are only initiated at the request of the tenant of record. All sub-share tenants are selected by the Airport Manager from the Hangar Wait List.

0. If a hangar tenant wishes to sub-share the hangar, tenant must submit a written request to the Airport Manager to do so. The Airport Manager will assign an appropriate sub-share tenant from the Hangar Wait List, starting from the top of the list.  The hangar tenant may decline the assignment of two willing sub-share tenants before becoming ineligible to participate in the sub-share program. A prospective sub-share tenant may decline two offers of assignment before becoming ineligible to participate in the sub-share program. The hangar tenant and sub-share tenant must execute the Authority hangar lease agreement.

0. Acceptance of a sub-share arrangement does not modify an individual’s position on the Hangar Wait List.

0. Sub-share tenants must abide by the terms of the Hangar Lease Agreement. The Authority, hangar tenant, or sub-share tenant may terminate the sub-share agreement by giving a 30 days written notice to the other two parties. No sub-share agreement shall be for less than a one year term.

0. both the hangar tenant and the sub-share tenant must execute a hold harmless agreement in favor the Authority acknowledging that a arrangement such as the sub-share program has many potential difficulties, that the Airport Management and the Authority recognizes but does not encourage such arrangement, that the arrangement is only allowed to ease hangar shortages, and that the Airport Management and Authority will not act to resolve disputes regarding the use of sub-shared hangars.