RUSHFORD MUNICIPAL AIRPORT Minimum Standards for A Fixed ...

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RUSHFORD MUNICIPAL AIRPORT

Minimum Standards

for

A Fixed Base Operator (FBO) to

Provide Aeronautical Services to the Public

Established by Rushford Airport Commission

Approved by Airport Commission 3/6/06

Approved by City Council 3/13/06

Revised by Airport Commission 5/20/19

Approved by City Council 6/10/19 (expected date)

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Foreword

The Airport is owned and operated by the City of Rushford, a municipal corporation organized under

the authority of the State of Minnesota. The Rushford Municipal Airport is governed by the City of

Rushford which has adopted the following Minimum Standards for FBOs to provide Aeronautical

Services to the Public as threshold entry requirements to be met prior to negotiating a lease for space on

the Airport and the right to provide the services.

Table of Contents

Chapter 1 - General

Chapter 2 - Definitions

Chapter 3 - Operating Agreement/Lease

Chapter 4 - Qualifications and Application

Chapter 5 - Fixed Base Operator (FBO)

Chapter 6 - Minimum FBO Service Qualifications

Chapter 7 - Lease Provisions

Chapter 8 - Waiver of Minimum Standards

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CHAPTER 1 - GENERAL

1.1 The purpose of these minimum standards is to safeguard the public interest, to protect the public

from irresponsible, unsafe or inadequate services, to establish competitive conditions fair to all persons

making services available to the public and impose minimum standards on structures built on land

owned by the City of Rushford in order to provide for buildings suitable for a variety of uses upon

termination of any lease.

1.2 Minimum standards as outlined in this document are intended to provide the threshold entry

requirements for those wishing to provide aeronautical services to the public at the Rushford Municipal

Airport, and to do so in such manner as to insure the safety of its users and allow fair competition for

those who choose to operate commercial aeronautical activities on the premises. These minimum

standards are intended to be reasonable, non-arbitrary and non-discriminatory, and therefore apply

equally to everyone making application to the City to provide aeronautical services on the airport.

1.3 It is the policy of the City to extend the opportunity to engage in commercial aeronautical

activities to any entity meeting these minimum standards for that activity, subject to availability of

suitable space at the Airport to conduct such activity. The Airport's Master Plan and Development

Program provides the basis for determining whether suitable space is available.

1.4 The following minimum standards are imposed as conditions for the right to provide an

aeronautical service to the public on the Airport.

CHAPTER 2 - DEFINITIONS

2.1 ABOVE GROUND LEVEL (AGL) means altitude expressed in feet measured above ground

level.

2.1 AERONAUTICAL ACTIVITY means any activity commonly 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 the following:

a. Air taxi and charter operations

b. Pilot training

c. Aircraft renting

d. Sightseeing

e. Aerial photography

f. Crop dusting

g. Aerial advertising

h. Aerial surveying

i. Air carrier operations

j. Skydiving

k. Ultralight operations

l. Aircraft sales and services

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m. Sale of aviation petroleum products

n. Repair and maintenance of aircraft

o. Sale of aircraft parts and aircraft storage.

2.2 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 or permit from the City to provide such

service.

2.3 AIRCRAFT means a device which is used or intended to be used for flight in air. Examples of

aircraft include, but are not limited to, airplane, sailplane, glider, rotorcraft (helicopter, gyrocopter or

autogyro), balloon and blimp.

2.4 AIRPORT as referred to hereinafter means the Rushford Municipal Airport and all the land

owned by City of Rushford for airport and approach purposes, and under the supervision of the Airport

Commission.

2.5 AIRPORT COMMISSION means the City of Rushford Airport Commission as established by

the City of Rushford Ordinance.

2.6 AIRPORT MANAGER means the City Administrator, or his/her designee, as appointed by the

City of Rushford.

2.7 AIRPORT EMERGENCY PLAN means the document required under Federal Aviation

Regulation Part 139, the purpose of which is to provide general guidelines to insure prompt response to

all emergencies and other unusual conditions in order to minimize the possibility and extent of personal

injury and property damage at the Airport.

2.8 AIR OPERATIONS AREA (AOA) means a portion of an airport designated to be used for

landing, take off, or surface maneuvering of aircraft. This includes all movement and non-movement

areas.

2.9 AIRPORT MOVEMENT AREA (AMA) means the runways, taxiways, and other areas of an

airport which are utilized for taxiing, take-off, and landing of aircraft.

2.10 AIRPORT NON-MOVEMENT AREA means the loading ramps, parking areas, and all other

areas used for the operation of aircraft.

2.11 AIRPORT SECURITY PLAN means the document required under Federal Aviation Regulation

Part 107 which describes the existing facilities and the security measures in effect; defines the Air

Operations Area (AOA), existing restricted areas, and indicates the security measures taken, as well as

indicates future security improvements.

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2.12 AIRPORT TRAFFIC AREA means the areas as defined in the current Federal Aviation

Regulation Part 1 or as such may be amended.

2.13 AIRPORT TRAFFIC CONTROL TOWER is a facility operated by the Federal Aviation

Administration which, through the use of air/ground communications, visual signaling and other

devices, provides ATC services to airborne aircraft operating in the vicinity of an airport and to aircraft

operating on the movement area.

2.14 AERONAUTICAL INFORMATION MANUAL (AIM) means the AERONAUTICAL

Information Manual published by the FAA containing basic flight information and air traffic control

procedures designed primarily for use as a pilot's instructional manual in the National Airspace System

of the United States.

2.15 AIRPORT LAYOUT PLAN (ALP) means the Airport Layout Plan for the Rushford Municipal

Airport which is current and approved by the FAA or as amended from time to time.

2.16 ARRIVAL/DEPARTURE BUILDING (A/D BUILDING) is the building providing facilities for

the Airport Commission, Minnesota Department of Transportation (MnDOT), Federal Aviation

Administration, air carriers, and air taxis, ticket and passenger areas, car rental agencies, and various

concessions which serve the public.

2.17 BASED AIRCRAFT means all aircraft which are permanently hangared in a hangar bay, T-

hangar or tied down because of current lease or a current field storage agreement with the Airport.

2.18 COMMERCIAL OPERATOR means a person who, for compensation or hire, engages in the

carriage by aircraft in air commerce of persons or property, other than as an air carrier or foreign air

carrier or under the authority of FAR Part 357.

2.19 CITY means the City of Rushford, Rushford, Minnesota.

2.20 FEDERAL AVIATION ADMINISTRATION (FAA) means the agency created by the Federal

Government under the Federal Aviation Act of 1958, as amended, or such other governmental agencies

as may be successor thereto or be vested with the same or similar authority.

2.21 FEDERAL AVIATION REGULATION (FAR) means the Federal Aviation Regulations as

published and amended from time to time.

2.22 FIXED BASE OPERATOR (FBO) means any business that is authorized by the City to offer

aeronautical services to the public at the Airport as a tenant or sub-tenant.

2.23 FBO LEASE means any (i) lease agreement between the City and a Business leasing property at

the Airport or (ii) sub-lease agreement approved by the City between any tenant at the Airport and a

Person sub-leasing property at the Airport, in either case, for the purpose of providing Aeronautical

Services to the public at the Airport.

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2.24 FLIGHT STANDARDS DISTRICT OFFICE (FSDO) means FAA Flight Standards District

Office.

2.25 LANDSIDE means all buildings and surfaces used by surface vehicular and pedestrian traffic at

the Airport.

2.26 MINIMUM STANDARDS means the standards which are established by the City, as amended

from time to time, as the minimum requirements to be met by a tenant, sub-tenant or proposed tenant as

a condition for the right to provide aeronautical services to the public at the Airport.

2.27 NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) means National Fire Protection

Association.

2.28 NORMAL BUSINESS HOURS means 8:00 a.m. to 6:00 p.m. Monday through Friday.

2.29 “NOTICE TO AIRMEN” (NOTAM) means a "Notice to Airmen" published by the FAA (a

method of notifying the flying public of conditions at the Airport that may affect flight).

2.30 NATIONAL TRANSPORTATION SAFETY BOARD (NTSB) means the National

Transportation Safety Board and its successors.

2.31 PERMIT means a permit issued pursuant to the City of Rushford rules and regulations.

2.32 PERMIT HOLDER means a person to whom a Permit has been issued pursuant to these Rules

and Regulations.

2.33 PERSON means any individual, firm, partnership, corporation, company, association and

includes any trustee, receiver, assignee, or other similar representative thereof.

2.34 PUBLIC means persons or entities receiving goods or services at or on the Airport from any

individual or organization, its members or employees, with or without consideration. Members of a

bona fide club or co-op under the City of Rushford airport rules and regulations are not members of the

public with respect to the benefits of membership in such club or co-op.

2.35 SHALL means that the word "shall" is always mandatory and not merely directory.

2.36 SPECIAL EVENTS means an Aeronautical Activity which will not comply with these Rules

and Regulations or which, although it may comply with these Rules and Regulations, will require an

accommodation by other users of the Airport. Special Events includes, but are not limited to the

following:

a. Fly-ins

b. Skydiving exhibitions

c. Balloon operations or similar events or activities.

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2.37 ABBREVIATIONS

A/D Bldg Arrival/Departure Building

AOA Airport Operation Areas

ATCT Airport Traffic Control Tower

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

MAC Minnesota Aeronautics Commission

CHAPTER 3 - OPERATING AGREEMENT/LEASE

3.1 Any Person who intends to conduct a business or service must negotiate an agreement/lease with

the City relative to qualification, operating areas, and rent and/or fee payments, and such other matters

as the City may require. The authorization by the City to a Person wishing to provide aeronautical

services to the public does not imply that said business has exclusive rights to provide those services on

the Airport. The Rushford Municipal Airport, being the recipient of State funds from Minnesota

Department of Transportation (MnDOT) Aeronautics or Federal funds via the FAA, is obligated to

comply with MnDOT Aeronautics and FAA Policy Statement on "Exclusive Rights at Airports."

3.2 The MnDOT Office of Aeronautics and FAA considers the existence of an exclusive right to

conduct any aeronautical activity limits the usefulness of an airport and deprives the using public of the

benefits of competitive enterprise. Apart from the legal considerations, FAA considers that it is

inappropriate to apply Federal funds to the improvement of any airport where full realization of the

benefit would be restricted by the exercise of an exclusive right to engage in an aeronautical activity.

CHAPTER 4 - QUALIFICATIONS AND APPLICATION

4.1 Demonstration of intent to conduct a business operation at the Airport shall be by a written

application letter to the Airport Commission. The written application letter shall contain at the

minimum:

a. The proposed nature of the business.

b. The names and 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. The relationship of each individual to

the operation of the business shall be stated.

c. A current financial statement prepared or certified by a Certified Public Accountant.

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

the Airport.

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e. A current credit report for each party owning or having a financial interest in the business and

a credit report on the business itself covering all geographical areas in which it has done business in the

ten (10) year period immediately prior to such application.

f. An agreement to provide to the City a bond or suitable guarantee of adequate funds to be used

to defray any expenses and fees should Lessee default and a new lease have to be executed for another

Lessee.

g. 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.

h. 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.

i. Proof (provide copy) of liability insurance coverage for the business operation, flight

operations, itinerant aircraft and operators and premises insurance.

j. Copies of all State of Minnesota permits.

k. Such other business related information as the Airport Commission may require.

4.2 Action on the Application. All applications will be reviewed and acted upon by the Airport

Commission and City within ninety (90) days from the receipt of the application. Applications may be

denied for one or more of the following reasons:

a. The applicant does not meet qualifications, standards and requirements established by these

minimum standards.

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

c. 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 the City.

d. There is no appropriate or adequate available space or building on the Airport to

accommodate the entire activity of the applicant.

e. The proposed operation, Airport development, or construction does not comply with the

approved Airport Layout Plan.

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f. 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 and servicing

its customers.

g. 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.

h. Any party applying, or having an interest in the business, has a record of violating the Rules

and Regulations, 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.

i. Any party applying, or having an interest in the business, has defaulted in the performance of

any lease or other agreement with the City or any lease or other agreement at any other airport.

j. Any party applying, or having an interest in the business, is not sufficiently credit worthy and

responsible in the judgment of the City to provide and maintain the business to which the application

relates and to promptly pay amounts due under the FBO lease.

k. The applicant does not have the finances necessary to conduct the proposed operation for a

minimum period of six (6) months.

l. The applicant has committed any crime, or violated any City ordinance rule or regulation,

which adversely reflects on its ability to operate the FBO business for which the application is made. A

standard background check will be conducted by law enforcement personnel upon applicant signing a

General Authorization & Release Pursuant to MN Statute 13.05 Subd. 4, Minnesota Data Practices Act.

m. The applicant cannot get an Airport Security Clearance if such clearance is ever required by

Local, State or Federal regulations.

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CHAPTER 5 - FIXED BASE OPERATOR (FBO)

5.1 A Fixed Base Operator is a Business that has entered into a lease agreement with the City

establishing Airport space lease terms, rental amounts, insurance requirements or other terms and

conditions required by the City, and has met the qualifications, standards and requirements contained

herein. The FBO's books and records will be maintained for five (5) years. These books and records

will be available for inspection by the Airport Commission and the City at any time either makes a

request to review the records. The FBO may be in the business to provide one or more of the

following services to the public at the Airport:

a. Aircraft sales.

b. Aircraft rental.

c. Air taxi and charter operations.

d. Flight instruction and/or ground schools.

e. Aircraft maintenance services and sale of parts and accessories which shall include

services in one or more of the following:

(1) Airframe overhaul and repair.

(2) Engine overhaul and repair.

(3) Radio and electrical shop.

(4) Instrument shop.

(5) Aircraft interior work.

(6) Refinishing and painting.

f. Aircraft fueling and line services.

g. Retail unattended self-serve fueling.

h. Aircraft storage facility.

i. Specialized commercial aeronautical services.

5.2 The application for an FBO lease shall specify all services from the above list which the

applicant desires to offer at the Airport. The applicant may also propose services other than on the

above list with appropriate justification for consideration by the Airport Commission. An FBO may

provide or conduct only those services for which he/she has executed a lease agreement.

5.3 Since different aeronautical services have differing needs, the following are requirements

common to all:

a. All structures shall:

(1) Have at least 2,600 square feet of main floor area and shall include an office,

identified as such, on the Airport except retail unattended self-serve fueling.

(2) Conform to the Master Plan and shall be so designed as to be useable for multiple

alternative service purposes.

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(3) Conform to applicable FAA Advisory Circulars, shall meet all fire, safety, health,

and sanitary codes, and shall provide adequate facilities to meet such requirements.

b. All FBOs shall:

(1) Execute a lease agreement with the City of Rushford on the City’s approved form

(2) Ensure adequate lighted parking areas are provided for motorized vehicles and

airplanes which may be involved in the service activity.

(3) Ensure well lighted, heated and air-conditioned office space is provided at the

operator's place of business on the Airport which will contain a waiting room with appropriate

furnishings, public telephone access and restrooms. The office area shall contain at least 100 square

feet of inside floor space, exclusive of inside partitions (included as part of the minimum 2,600

square feet in 5.3a(1) above). If more than one aeronautical service is being provided the office

space for each activity may be adjusted to suit all activities with the Airport Commission's approval.

(4) These facilities shall be kept in a neat, clean and orderly condition and properly

painted. Only one office shall be required of each FBO. No FBO or its employees, agents, officers

or other persons connected with the business shall use the office area or other facilities of any other

FBO without the written consent of said FBO and the Airport Commission.

(5) Ensure adequate, lighted parking areas are provided for employees and customers.

(6) Obtain and keep in force all applicable insurance required by the City of Rushford

airport rules and regulations. Duplicate policies and certificates of insurance shall be furnished to

Airport Commission before commencing business and before the expiration of any prior policy.

(7) The FBO and all personnel and employees shall be competent and shall hold all

current and valid certificates, permits, licenses or other authorizations required by the FAA including

any FAA air taxi permits. If, as a result of any action, order or ruling of the FAA, any of the FBO's

aircraft are grounded, or any commercial pilot's certificate or instructor's certificate is suspended or

revoked, and this reduces the FBO operation to less than the minimum standard for the activity being

provided for a period of ninety (90) days or more, the FBO's license and authority to operate at the

Airport may be revoked.

(8) An FBO shall not sell, assign, or transfer its lease agreement, by operation of law

or otherwise, nor shall an FBO sublet any portion of its premises, without the prior written consent of

the City of Rushford, which consent may be withheld in the City's discretion for any reason. For

purposes of this section, an assignment or transfer includes, without limitation, (a) a transfer of a

majority in interest of the ownership of the FBO; or (b) a transfer of operational control of the FBO,

even if no ownership interest has been transferred.

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CHAPTER 6 - MINIMUM FBO SERVICE QUALIFICATIONS

A Fixed Base Operator (FBO) shall, in addition to meeting all other requirements and qualifications

of his written agreement, meet the minimum qualifications for each type of service which he/she

intends to provide:

6.1 Aircraft Sales:

a. The FBO who engages in an aircraft sales business at the Airport shall lease from the City,

or provide under terms agreeable to the City, a sales office of at least 100 square feet of inside floor

space, exclusive of inside partitions which is well lighted, heated and contains a waiting room with

appropriate furnishings, a public telephone and restrooms for men and women. The FBO shall

provide space needed for the storage and/or display of a minimum of one (1) aircraft or as many

more as such operator reasonably expects to have on hand in such business at any one time. (deleted

reference to air-conditioning)

b. Have a distributorship or sales franchise from an aircraft manufacturer for new aircraft, or

adequate sources of used aircraft, or both.

c. Hold a valid State of Minnesota Aircraft Dealers License.

d. The FBO shall provide personnel and a properly FAA certified flight instructor on duty

capable of demonstrating aircraft for sale during normal business hours, or at other times, subject to

the operator's discretion with the prior written approval of the Airport Commission.

e. Ensure satisfactory arrangements are provided at the Airport, or at another airport, for

repair and servicing of aircraft sold with service guarantee.

6.2 Aircraft Rental:

a. The FBO who engages in an aircraft rental operation at the Airport shall have access to, or

provide under terms agreeable to the City, an area sufficient in size to provide the office space herein

required. The FBO shall also have access to already existing sufficient apron area to park or tie-

down a minimum of one (1) aircraft or as many more as such operator reasonably expects to have on

hand in such business at any one time.

b. Provide, and at all times maintain, a minimum of one (1) aircraft, owned or leased by and

under exclusive control of the operator, which are properly equipped and FAA certified for rental

and flight instruction.

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c. The operator shall provide personnel and a properly FAA certified flight instructor on duty

capable of conducting flight checks during normal business hours, or at other times, subject to the

operator's discretion with the prior written approval of the Airport Commission.

d. Have adequate facilities or arrangements for storing, parking, servicing and repairing all of

its aircraft.

6.3 Air Taxi and Charter Operations:

a. The FBO who engages in air taxi and charter operations at the Airport shall lease from the

City, or provide under terms agreeable to the City, an area sufficient in size to provide the office

space herein required, an additional 100 square feet for a passenger waiting area, and if air cargo

service is provided an additional 200 square feet of storage space is required. The FBO shall also

have access to sufficient apron area to stage flights and provide for the storage, parking or tie-down

of as many aircraft as such operator reasonably expects to have on hand in such FAR Part 135

business at any one time.

b. The FBO shall have available for use at least one (1) aircraft based at the airport which is

dedicated for use in air taxi and charter operations with qualified crews, and is certified for IFR flight

(this certification only if the Part 135 Permit includes IFR operations)

c. The FBO shall provide personnel on duty during normal business hours or at other times

subject to the operator's discretion, with the prior written approval of the Airport Commission, to

handle passenger ticketing, check in and luggage. The operator shall also be available 24 hours a day

with two (2) hours notice subject to crew and aircraft availability.

6.4 Flight Instruction and/or Ground School:

a. The FBO who engages in a flight instruction and/or ground school business at the Airport

shall obtain a State of Minnesota Flight School License and shall lease from the City, or provide

under terms agreeable to the City, an area sufficient in size to provide the office space herein

required; a classroom of at least 150 square feet in size, exclusive of inside partitions if a ground

school is part of such business; an adequate planning room of at least 80 square feet; and an area

sufficient in size to store, park or tie-down two (2) aircraft, or as many aircraft as such operator

reasonably expects to have on hand in such business at any one time.

b. The FBO shall provide properly FAA certified flight instructors on duty during normal

business hours, or at other times subject to the operator's discretion. The flight instructor pilots must

meet certification requirements of the FAA for flight instruction and maintain current certificates

issued by the FAA and a current Medical Certificate.

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c. The FBO shall provide, and at all times maintain, a minimum of one (1) aircraft if this

aircraft is four (4) place, otherwise two (2) aircraft. These aircraft must be owned or leased by and

under exclusive control of the operator, properly equipped, and FAA certified, for flight instruction

and rental. If ground school training is offered as part of such business, the FBO shall have on hand

and available for use such equipment and apparatus as would reasonably be expected to be available

for such training.

d. The FBO shall demonstrate the continuing ability to meet requirements for certification of

flight instructor personnel and aircraft by the FAA.

e. The FBO shall ensure that adequate facilities or arrangements for storage, parking, tying

down, servicing and repairing all of its aircraft at the Airport is provided.

6.5 Aircraft Maintenance Services and Sale of Parts and Accessories:

a. The FBO who engages in a maintenance service business and sells parts and accessories at

the Airport shall lease from the City, or provide under terms agreeable to the City, an area of the

airport sufficient in size to provide the office space hereinafter required and a hangar having a

minimum of 2,000 square feet and, in addition, an area of ramp to tie-down a minimum of three (3)

aircraft.

b. The hangar required herein shall be equipped with such tools, machinery, equipment, parts

and supplies as are normally necessary to conduct a full-time business operation in the maintenance

service being offered and shall be staffed by mechanic/mechanics and other full or part-time

personnel who are qualified and competent and who hold all necessary certificates required by the

FAA.

c. The business of such maintenance service and sale of parts and accessories shall be staffed

with competent personnel on duty to conduct business during normal business hours.

d. If the business includes aircraft refinishing and painting it shall:

(1) Comply with and abide by all standards, rules, regulations and requirements of

the FAA, MnDOT Aeronautics, Minnesota Department of Natural Resources, Environmental

Protection Agency (EPA), OSHA, and any other local, state, or national governmental agencies

having jurisdiction over aircraft painting and stripping operations.

(2) Comply with the current standards of the National Fire Protection Association on

"Paint Spraying and Spray Booths" with regard to the arrangement, construction, and protection of

spray booths and the storing and handling of materials used in connection with aircraft painting,

varnishing and spray painting operations.

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(3) Perform all aircraft stripping operations inside a hangar or building. Outside

stripping will not be approved.

(4) Prohibit storm water runoff from being contaminated with any stripping,

painting, varnishing, or doping materials or agents, or other contaminants and flowing into rivers,

lakes, streams, etc., or being placed in any sewer system unless pre-treated and the pre-treating

process has been approved in advance and in writing by the City of Rushford Public Works Director

(PWD).

(5) Properly treat and dispose of all hazardous materials in compliance with the

governing agencies listed in Paragraph d.(1) above.

6.6 Aircraft Fueling and Line Services:

a. In order for an FBO to provide Aircraft Fueling and Line Services, the operator must also

provide Aircraft Maintenance Services and Sale of Parts and Accessories as outlined in Section 6.5

above. The FBO shall also provide a letter of commitment from the fuel supplier.

b. In order for any Person to engage in the business of providing aircraft fuel sales and line

services at the Airport, the Person shall have access to, or provide under terms agreeable to the City,

an area sufficient in size to provide the office space herein required and an additional 150 square feet

of inside floor space for the pilot lounge and flight planning area. The operator shall also have

access to 20,000 square feet of aircraft parking area and an additional area for the flow of traffic in

and out of the aircraft fuel servicing areas if necessary. The operator shall ensure the area is kept

clear of snow.

c. In addition, the FBO shall provide or arrange access to 5,000 gallons of aviation gasoline

and all necessary pumps, tanks, and mobile gas trucks, fueling islands and areas, ramps and other

fueling facilities that may be necessary, provided that the operator shall not place or maintain any

fueling facilities on the airport, mobile or fixed, which have not been previously approved by the

City and the Fire Marshall. Fuel tender capacity shall be sufficient to adequately serve the needs of

the public. The operator 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 direct fueling from a common carrier

transport truck into mobile re-fueler without filtration. In all fueling operations the FBO will comply

with State and Local Fire Code and the current edition of NFPA 407 including all NFPA Standards

referenced in 407.

d. An FBO under this provision shall keep a current, complete and accurate record of all fuel,

oil and other products sold and shall, at the request of the Airport Commission, make available all

invoices and records of purchases and sales by the operator of fuels, oils and products sold for at

least two years after the receipt or sale of such products. Failure of an operator to keep an accurate

record of all purchases and sales shall be reason to revoke the operator's lease and authority to do

business on the Airport.

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e. Each FBO offering aircraft fuel sales and line services shall maintain sufficient full time

attendants on duty to service aircraft without unreasonable delay during the hours of operation. All

personnel handling the fuel shall meet the training and service requirements of FAR Part 139. The

hours of operation for fuel sales and line services shall be from sunup to sundown seven (7) days a

week. Such services shall be available to customers within 30 minutes of arrival, or request, or

within a reasonable time based on aircraft activity. Reasonable on-call service shall be available

upon request outside of the above stated hours. If fuel is supplied under contract, suitable provisions

for fueling at contracted times shall be maintained.

f. The FBO with fueling facilities shall at all times maintain an adequate supply of the fuels,

oils, and fluids normally called for at this Airport. The FBO's mobile fuel truck may not operate in

another FBO's leased area without that FBO's permission.

g. Each FBO licensed to provide aircraft fuel sales and line services under this Section shall

pay a monthly fuel flowage fee on each gallon of fuel delivered to the operator's leased premises as

set by the City of Rushford.

h. Services provided in addition to fuel will include the following:

(1) Emergency starting

(2) De-icing (by heated storage, on a “space available” basis)

(3) Towing and parking

(4) Washing

(5) Minor repairs

(6) Tire and strut inflation

(7) Oil changing

(8) Equipment necessary to provide these services shall be available.

6.7 Retail Unattended Self-Serve Fueling:

a. The FBO who engages in retail unattended self-serve fueling at the Airport shall have

access to, or provide under terms agreeable to the City, a minimum of 1,900 square feet of land on

which to provide well lighted, heated office space (100 square feet), a waiting room with appropriate

furnishings, a public telephone and restrooms, and a pilot lounge and flight planning area (80 square

feet). The remaining land area shall be used for the fuel storage and dispensing equipment. The

operator shall also provide sufficient ramp area to accommodate two (2) of the largest aircraft to be

serviced and a minimum of two (2) hard surface tiedowns for aircraft parking. The operator shall

keep the area clear of snow. (deleted air-conditioning)

b. The FBO shall ensure sufficient trained personnel to operate and maintain the self-serve

fueling system is provided. All users shall be provided with proper training for the use and operation

of the self-serve facility to include all safety procedures. All training and self-serve procedures shall

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meet the requirements of FAR Part 139. The FBO shall be available on the site with a maximum of

thirty (30) minutes response time.

c. The facility shall be available for use 24 hours a day, seven (7) days a week.

d. The FBO shall provide the Airport Commission a letter of commitment from the fuel

supplier with the application to conduct a business on the Airport.

e. The FBO shall have access to the Rushford Municipal Airport Fueling System and

associated pumps and metering equipment. The fueling system shall be fire rated, with pumping

equipment which shall meet all local fire codes and the requirements of the Minnesota Department

of Natural Resources, Environmental Protection Agency (EPA), OSHA, NFPA and any other local,

state, or national governmental agencies having jurisdiction.

f. The FBO shall ensure the following are provided:

(1) Ladders to service aircraft

(2) Properly serviced fire extinguisher

(3) Easily recognizable markings to indicate the type of fuel

(4) Adequate safety devices

(5) Placard instructions on the use of the facility, including the on-field

representative's phone number, emergency numbers and emergency

procedures.

g. The FBO shall ensure that proper maintenance of the fueling facility is provided that will

comply with all local fire codes, NFPA requirements and all applicable requirements of FAR Part

139.

h. The FBO shall ensure that access to and from the Airport is provided.

i. The FBO shall pay a monthly fuel flowage fee as set by the City of Rushford on each

gallon of fuel delivered to the operator's leased premises.

6.8 Co-op Fueling is Not an Aeronautical Service to the Public.

6.9 Aircraft Storage Facility:

a. The FBO who engages in the business of storing airplanes inside at the airport shall have

access to an area of airport land sufficient in size for the construction of a storage building with

proper access ramps and other accessories designed to accommodate at least five (5) aircraft.

b. The FBO shall construct building, ramps and accessories in locations stipulated in the

approved Airport Layout Plan. The operator shall submit and obtain approval of plans and

specifications by the Airport Commission and in accordance with all applicable laws and regulations,

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or, may enter into an “Advance Lease Agreement” arrangement with the city for construction of such

building, if the city agrees to such an arrangement.

c. If no office is maintained on the Airport, the FBO shall post in conspicuous places on the

building the name, address and telephone number of the person who is in charge of such business.

d. The FBO will carry the applicable insurance required airport rules and regulations.

6.10 Specialized Commercial Aeronautical Services:

a. A specialized commercial aeronautical service is a person engaged in air transportation

for hire and for the purpose of providing the use of aircraft for the aeronautical activities listed

below:

(1) Non-stop sightseeing flights.

(2) Aerial photography or survey.

(3) Fire watch and firefighting.

(4) Power line, underground cable or pipeline patrol.

(5) Aerial application of agricultural chemicals.

(6) Other operations specifically excluded from Part 135 of Federal Aviation

Regulations.

b. Other specialized commercial aeronautical services which have varied requirements are:

(1) Avionics sales and/or service.

(2) Aircraft manufacturing.

(3) Engine or sub-assembly overhaul (station).

(4) Upholstery shop.

c. These activities are so varied that their requirements on the airport will depend on the

scope of their operation. In some cases the only airport requirement need is for access or a tie-down

space, since all other activities of the business are normally conducted off the airport. The minimum

standards and insurance coverage will be determined based upon a detailed application submitted by

the person requesting permission to perform the aeronautical activity on the Airport.

6.11 General Duties of the FBO:

a. Be responsible for the Airport on a seven-day week basis and, in case of necessity, at any

hour(s).

b. Attend meetings of the Rushford Municipal Airport commission providing such reports

and records as requested by the City relative to the operations of the Airport; attend conferences as

requested by the City.

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c. Present a well-maintained, well-groomed Airport to visitors. Be responsible for the day-

to-day maintenance and care of the A/D building facility, lounge, restrooms and grounds; to include

the heating and lighting systems, general custodial duties, minimum snow removal and general

duties that would ensure the safe and enjoyable use of the facility by visitors. City Public Works

personnel will perform the mowing, trimming and snow removal duties for the majority of the airport

facility/grounds.

d. Notify the City as soon as practicable of any maintenance work that needs to be done or

any supplies that are required.

e. Provide notice of field conditions as required by the Federal Aviation Administration and

MN DOT Aeronautics.

f. Insure that the hangars and other buildings are used for authorized purposes only and that

no fuel tanks are allowed in any hangar.

g. Make frequent inspections of Airport runways and taxi-way areas for hazards and close

or mark areas that are unsafe to be used, including rodent or animal activity which may be damaging

the airport grounds. Inform the City of these conditions for repairs to be made.

h. Make frequent inspections of Airport lighting, Papi’s, glide slope indicators, beacon,

reflectors, wind sock and inform the City of any repairs required that are beyond the FBO’s ability to

repair.

i. Cooperate with and give advisory assistance to pilots on such matters as flight rules,

parking and field conditions.

j. Consult with the City Administrator/Airport Manager in all matters relating to proposals

from businesses to locate on airport property; provide input on such rules and regulations relative to

safe operations as the FBO believes to be necessary provided that no such rules or regulations shall

become effective until approved and issued by the Airport Commission and City Council.

k. Keep complete and accurate record of work performed on the Airport in such manners as

may be directed from time to time by the Airport Commission. Report periodically to the

Commission as requested.

l. Serve as the public relations person for promoting the Airport.

m. Perform such other and further tasks in connection with the Airport as may reasonably be

assigned by the Airport Commission, City Administrator or City Council.

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n. The FBO will seek to increase the level of aviation activity, both in terms of the number

of based aircraft and number of airport operations at the Rushford Airport and will seek to increase

the number of airport operations that nurture all types and kinds of aeronautical activity.

o. The FBO will seek to build on the NPIAS designation and meet or exceed the minimum

number of based aircraft in order to maintain the designation through strategic development of the

airport.

6.12 General Provisions:

a. FBO shall operate the Airport premises for the use and benefit of the public and shall

furnish prompt, efficient service on a fair, equal and non-discriminatory basis to all users.

b. FBO understands that no right or privilege is granted to him by this agreement that would

operate to prevent any person, firm or corporation operating aircraft on the Airport from performing

any services on its own aircraft with its own employees.

c. The City reserves the right to further develop or improve the Airport as it sees fit,

regardless of the desires or view of the FBO, without interference or hindrance by the FBO.

d. This contract is not assignable in whole or in part.

CHAPTER 7 - LEASE PROVISIONS

City leasing procedures require many standard lease provisions to be included in all leases. The

following are lease provisions of special concern to the prospective FBO:

7.1 Inspection and Maintenance:

a. To the extent necessary to protect its rights and interests or to investigate compliance with

the terms of the lease and the airport rules and regulations, the City, or any member thereof, and

Airport Commission 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.

b. Each FBO shall be responsible for the removal of snow and ice from their leased area in

which they are authorized to operate and shall keep such leased area which they are authorized to

operate free and clear of all weeds, rocks, debris and other unsightly material which could cause

damage to aircraft, buildings, persons or automobiles.

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c. No Person shall carry onto the Airport any trash, garbage, debris, junk, refuse or other

material and abandon or dispose of it on the Airport. All waste, refuse or garbage generated on the

Airport 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 a manner as to minimize any

hazards.

7.2 Subleasing/Sale of Lease:

No right, privilege, permit or license to do business on the airport, or any lease of any area of

the airport shall be assigned, sublet, sold, or otherwise transferred or conveyed in whole or in part

without prior written consent of the City.

7.3 Assigned Areas:

No Person or Persons authorized to operate on, or conduct business activities at, the airport

shall conduct any of their business activities or park any aircraft on any areas except those specified

in the lease or written agreement. An aeronautical service provider shall not use any common areas

except as authorized by the airport rules and regulations or as approved in writing in advance by the

Airport Commission.

7.4 Indemnification:

The FBO shall indemnify, defend, and save the City of Rushford, its authorized agents,

officers, representatives and employees, and hold harmless from and against any and all actions,

penalties, liabilities, claims, demands, damages, or losses, resulting from claims or court action,

whether civil, criminal or in equity, and arising directly or indirectly out of acts or omissions of the

FBO, its agents, employees, servants, guests, business visitors, invitees or customers.

7.5 LESSEE's Environmental Responsibility:

a. LESSEE shall defend, indemnify, and hold harmless LESSOR from any damage, cost,

losses, liabilities, or expenses, (including expert's fees, attorney's fees, and testing and remediation

costs), resulting from any environmental contamination of the Ground Area which contamination

occurs after the effective date of this lease and which is finally determined to be caused by LESSEE's

use of the Ground Area.

b. LESSEE agrees to comply with all federal, state, or local laws relating to the

manufacturing, processing, distributing, use, treatment, storage, disposal, transport, or handling of

pollutants, contaminants, chemicals, or industrial, toxic, or hazardous substances or wastes. Within

thirty (30) days of the beginning of the term of their lease and on each anniversary thereafter,

LESSEE shall submit to LESSOR a list of all the above substances that LESSEE has on the leased

premises. LESSEE also agrees that LESSOR may, but is not required to, inspect the leased premises

for the above substances at any reasonable time. If LESSOR conducts an inspection and

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recommends a change in LESSEE's procedure regarding any substance, LESSEE agrees to use

reasonable efforts to implement LESSOR's recommendation and will do so in a safe and proper

manner. LESSEE shall have a pollution prevention program and provide LESSOR with a copy.

c. If there is an environmental spill or release of any of the above substances in the leased

premises at any time or if LESSEE, its officers, directors or employees cause an environmental spill

or release on the Airport other than the leased premises, LESSEE agrees to (1) immediately report

such spill or release to LESSOR and to the appropriate federal, state, or local authorities, and (2) take

immediate action to contain and clean up the spill or release at LESSEE's expense. In this situation,

LESSEE agrees to defend, indemnify and hold LESSOR, including the City of Rushford, and their

officers and employees, harmless from and against any damages, loss, liability, expense, suit, claim,

judgment, fine or demand, including attorney fees, investigation and remediation cost, and court cost

arising out of or incident to such spill or release.

7.6 FAA Required Lease Provisions:

Each lease at the airport shall contain the following provisions regarding subordination,

emergency leasing to the U.S., exclusive rights and nondiscrimination. The language for these

provisions is as follows:

a. Nondiscriminatory Service: The FBO shall furnish to all users all authorized or licensed

services on a fair, equal, and not unjustly discriminatory basis and shall charge fair, reasonable, and

not unjustly discriminatory prices for each unit or service, provided that the FBO may make

reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to

volume purchasers, if permitted by law.

b. Lease Subordinate to Agreement between Lessor and the United States: This lease shall

be subordinate to the provisions of any existing agreement between the Lessor and the United States,

relative to the operation or maintenance of the Airport, the execution of which has been required as a

condition precedent to the expenditure of Federal funds for the development of the airport.

c. Exclusive Rights: The parties specifically understand and agree that nothing herein

contained shall be construed to grant or authorize the granting of an exclusive right to provide

aeronautical services to the public as prohibited by section 308 (a) of the Federal Aviation Act of

1958, as amended, and the LESSOR reserves the right to grant to others the privilege and right of

conducting any one or all aeronautical services.

d. Emergency Lease to United States:

(1) During time of war or national emergency, the LESSOR shall have the right to

lease the landing area, or any part thereof, to the United States Government for military or naval use,

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and if any such lease is executed, the provisions of this instrument insofar as they are inconsistent

with the provisions of the lease to the Government shall be suspended.

(2) All facilities of the airport developed with State or Federal financial assistance

and all facilities usable for landing and takeoff of aircraft will be available to the United States for

use by Government aircraft in common with other aircraft at all times without charge except, if the

use by Government aircraft is substantial, a charge may be made for a reasonable share, proportional

to such use, of the cost for operating and maintaining the facilities used.

Non-Discrimination Clause

The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself/herself, his/her personal

representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby

covenant and agree (in the case of deeds and leases, add "as a covenant running with the land") to the

following:

(1) No person on the grounds of race, color, creed, national origin, age, handicap, or

sex, shall be excluded from participation in, denied the benefits of, or be

otherwise subjected to discrimination in the use of said facilities;

(2) In the construction of any improvements on, over, or under such land and the

furnishing of services thereon, no person on the grounds of race, color, creed,

national origin, age, handicap, or sex shall be excluded from participation in,

denied benefits of, or otherwise be subjected to discrimination;

(3) The (grantee, licensee, lessee, permittee, etc.) 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, Nondiscrimination in Federally-assisted programs of the

Department of Transportation - Effectuation of Title VI of the Civil Rights Act of

1964, and as said Regulations may be amended.

That in the event of breach of any of the above nondiscrimination covenants, (Name of Sponsor)

shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said

land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never

been made or issued.

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CHAPTER 8 - WAIVER OF MINIMUM STANDARDS

8.1 Upon the recommendation of the Airport Commission the City may, at its discretion, waive

all or any portion of these “Minimum Standards” set forth herein for the benefit of any government

or governmental agency performing non-profit public services to the aircraft industry, or performing

fire prevention, or fire-fighting, or rescue service operations. The Airport Commission may further

temporarily waive any of the minimum standards for non-governmental applicants when he/she

deems such waiver to be in the best interest of the Airport's operation.

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