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HomeMy WebLinkAboutResolution - 3639 - Approve Minimum Aeronautical Standards For LIA - 06_13_1991Resolution No. 3639 June 139 1991 Item #22 HW:dw RESOLUTION WHEREAS, the Airport Board of the City of Lubbock on May 8, 1991, voted to recommend to the City Council of the City of Lubbock for approval certain Minimum Standards for Aeronautical Activities at Lubbock International Airport which are primarily intended to protect Airport patrons from irresponsible, unsafe and inadequate service; and WHEREAS, the City Council has determined that it would be in the public interest to approve and adopt such Minimum Standards for all commercial aeronautical activities at the Airport; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Minimum Standards for Aeronautical Activities recommended by the Airport Board on May 8, 1991, to be submitted to the City Council for approval are hereby approved and adopted by the Council as the Minimum Standards for Aeronautical Activities at Lubbock International Airport. SECTION 2. THAT the Director of Aviation for the City of Lubbock is henceforth charged with the responsibility of maintaining and uniformly applying the Minimum Standards approved and adopted by this Resolution to all commercial aeronautical activities at Lubbock International Airport. Passed by the City Council this 13th day of A e uoya, city Secretary APPROVED AS TO CONTENT: Jip Bertram, Assistant City Manager AO D AS TO FORM: s Harold Willard.- Assist t City Attorney June , 1991 /4'� B. C. McMINN, MAYOR Resolution No. 3639 June 13, 1991 Item #22 MINIMUM STANDARDS FOR AERONAUTICAL ACTIVITIES CITY OF LUBBOCK LUBBOCK INTERNATIONAL AIRPORT APPROVED BY AIRPORT BOARD MAY 8 , 1991 APPROVED BY CITY COUNCIL June 13 11991 l INDEX Introduction.......................................... 2 MINIMUM STANDARDS I. Fixed Base Operator................ ............... 3 A. Aircraft Sales ............................... 4 B. Airframe and Power Plant Repair Facilities... 6 C. Aircraft Rental .............................. 8 D. Flight Training .............................. 10 E. Aircraft Fuels and Oil Dispensing Service.... 12 F. Radio, Instrument, or Propeller RepairStation .............................. 15 G. Aircraft Charter and Air Taxi................ 17 H. Specialized Commercial Flying Services....... 19 I. Multiple Services ............................ 22 II. Non-FBO's & Special Exceptions.................... 24 A. Nonpublic Aircraft Fuel and Oil Dispensing... 25 B. Flying Clubs ................................. 26 C. Flying Organizations.......... ............... 28 III. General Considerations ............................ 29 A. Basic Requirements ........................... 30 B. Lease Proposal Requirements................... 31 C. Subleases .................................... 32 D. Standard Lease Provisions .................... 33 APPENDICES Appendix A: Lubbock International Airport Site Plan Checklist ................................. 37 Appendix B: Requirements for Ground Lease, Buildings, Parking and Hours of Operation................ 38 Appendix C: Security Letter of Agreement .......... 39 INTRODUCTION The following minimum standards are requirements for commercial aeronautical activities which have been established in the public interest. The minimum standards are intended to protect airport patrons from irresponsible, unsafe, and inadequate service. Determination of the quality and level of services which are offered to the public in connection with a particular aeronautical activity is a legitimate prerogative of the City of Lubbock and the City may change its minimum standards from time to time for the purpose of improving the quality of service to the public. Such standards will be applied objectively and uniformly. Grandfather Clause: Aeronautical activities with current leases at Lubbock International Airport are deemed to meet the facilities requirements set forth herein based on long standing acceptable service in current facilities at current locations. The same facility requirements will be deemed adequate for lease renewal purposes. If the business is assigned, transferred, or legally taken over in tact, the new principals may continue to meet the minimum standards via this Grandfather Clause. If the business substantially changes due to change of principal or major change in facility, the standards set forth must then be met in their entirety. Page 2 I. FIXED BASE OPERATOR 1. A Fixed Base Operator is defined as any person, firm or corporation performing aeronautical activities or services at the Lubbock International Airport as hereinafter set forth. No person, firm, or corporation shall engage in any commercial activity as a fixed base operator, as herein defined, unless the same is done in full compliance with the standards, rules, and regulations herein set forth. 2. Any person, firm or corporation capable of meeting the minimum standards set forth herein for the stated Fixed Base Operator categories is eligible to become a Fixed Base Operator at the Airport, subject to the execution of a written lease containing such terms and conditions as may be negotiated with the City of Lubbock. A Fixed Base Operator shall not engage in any business or activity on the airport other than that authorized in a lease with the City. Any existing Fixed Base Operator who desires to modify aeronautical activities or services beyond the scope of his lease must first negotiate and secure a lease amendment. Each Fixed Base Operator shall provide buildings, personnel, equipment and other requirements as herein stated upon land leased from the City of Lubbock. 3. A Fixed Base Operator shall satisfy the City that the FBO is technically and financially able to perform the services of a Fixed Base Operator. This shall include the responsibility for demonstrating continued financial solvency. 4. All construction required of Fixed Base Operators shall be in accordance with design and construction standards of the City of Lubbock for the facility or activity involved. 5. The rates or charges for any and all activities and services of Fixed Base Operators shall be determined by the operators. 6. All Fixed Base Operators shall pay all taxes and assessments against any buildings or other structures placed on Airport premises as well as all taxes and assessments against the personal property used by the FBO's in their operations. 7. All Fixed Base Operators shall abide by and comply with all local, State, and Federal regulations, laws, and ordinances. Page 3 1. 2. A. AIRCRAFT SALES Statement of Concept An Aircraft Sales Operator is a person, firm, or corporation engaged in the sale of new or used aircraft through a franchise or licensed dealership or distributorship (either on a retail or wholesale basis) of an aircraft manufacturer or otherwise; and provides such repairs, services, and parts as necessary to meet any guarantee or warranty on new or used aircraft sold. Granting of this aeronautical service shall not constitute an exclusive right. Individuals who buy, sell, or trade used aircraft for personal use less than three times per calendar year shall be exempt from these standards. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 50,000 square feet of ground space to provide for outside display and storage of aircraft and on which shall be erected a building to provide at least 10,000 square feet of floor space for aircraft storage and at least 1,000 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator s parking space automobiles, a access to the to accommodate building to a hall provide within the leased area: paved to accommodate at least five (5) paved walkway to accommodate pedestrian Operator's office and a paved aircraft apron aircraft movement from the Operator's taxiway. (b) The Operator shall provide necessary and satisfactory arrangements for repair and servicing of aircraft, but only for the duration of any sales guarantee or warranty period. Servicing facilities may be provided through written agreement with a repair shop operator at the Lubbock International Airport. The Operator shall provide an adequate inventory of spare parts for the type of new aircraft for which sales privileges are granted. The Operator who is engaged in the business of selling new aircraft shall have available or on call at least one demonstrator aircraft. (c) The Operator shall have the premises open and services available eight (8) hours daily, five (5) days a week. Page 4 (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner, the minimum standards set forth herein, but never less than one (1) person having a current, effective commercial pilot certificate with single engine rating and instructor rating. The Operator shall make provisions for someone to be in attendance in the office at all times during business hours. (e) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE Aircraft Liability (Hull & Protection and Indemnity) or its equivalent Passenger Liability on all owned or leased aircraft Commercial (Public) Liability: To include, but not be limited to: Premises/Operations, Products/Completed Operations, and Contractual AMOUNT Combined Single Limit Coverage For Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis $100,000 each Passenger Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 5 1. 2. B. AIRFRAME AND POWER PLANT REPAIR FACILITIES Statement of Concept An Aircraft Engine and Airframe Maintenance and Repair Operator is a person, firm, or corporation providing one or a combination of airframe and power plant repair services, but with at least one (1) person currently certificated by the Federal Aviation Administration with ratings appropriate to the work being performed. This category of aeronautical services shall also include the sale of aircraft parts and accessories, but is not an exclusive right. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 50,000 square feet of ground space on which shall be erected a building to provide at least 10,000 square feet of floor space for airframe and power plant repair services, including a segregated painting area, all of which adhere to local and State industrial code requirements, and at least 200 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. (b) The Operator shall provide sufficient equipment, supplies, and availability of parts sufficient for certification by the Federal Aviation Administration as an approved repair station. (c) The Operator shall have the premises open and services available eight (8) hours daily, five (5) days a week. (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards set forth herein, but never less than one (1) person currently certificated by the Federal Aviation Administration with ratings appropriate to the work being performed and who holds an airframe, power plant or an aircraft inspector rating, and one (1) other person, not necessarily rated. The Operator shall make provisions for someone to be in attendance in the office at all times during the business hours. Page 6 (e) The Operator shall promptly remove from the public landing area, as soon as directed by lawful authorities, any disabled aircraft; and shall have available suitable tractors, tow bars, jacks, dollies and other equipment that,might be needed to remove the largest type of aircraft that could become disabled. (f) The Operator shall remove any nonairworthy aircraft from Airport premises within a reasonable time- (g) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE Commercial (Public). Liability: To include, but not be limited to: Premises/Operations, Products/Completed Operations, Contractual, and Hangarkeeper's Liability `r �•li,�ya Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 7 C. AIRCRAFT RENTAL 1. Statement of Concept An Aircraft Rental Operator is a person, firm, or corporation engaged in the rental of aircraft to the public. Granting of this aeronautical service shall not constitute an exclusive right. 2. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 25,000 square feet of ground space on which shall be erected a building to provide at least 1,400 square feet of floor space for aircraft storage and at least 200 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least five (5) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, and a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway. (b) The Operator shall have available for rental, either owned by or under written lease to Operator, not less than two (2) certificated and airworthy aircraft, at least one (1) of which must be a four -place aircraft, and at least one (1) of which must be equipped for and capable of flight under instrument conditions. (c) The Operator shall have the premises open and services available eight (8) hours daily, six (6) days a week. (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner set forth herein, the minimum standards but never less than one (1) person having a current commercial pilot certificate with appropriate ratings, including instructor rating. The Operator shall make provisions for someone to be in attendance in the office at all times during business hours. Page 8 (e) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE Aircraft Liability (Hull & Protection and Indemnity) or its equivalent on all owned or leased aircraft Student/Renter Liability Covering All Users of Aircraft Commercial (Public) Liability: To include, but not be limited to Premises/Operations, and Contractual AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis $100,000 Coverage per Occurrence Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 9 D. FLIGHT TRAINING 1. Statement of Concept A Flight Training Operator is a person, firm, or corporation engaged in instructing pilots in dual and solo flight training, in fixed or rotary wing aircraft, and in providing such related ground school instruction as necessary to prepare for a written examination and flight check ride for the category or categories of pilots' licenses and ratings involved. Granting of this aeronautical service shall not constitute an exclusive right. An individual holding a current flight instructor certificate shall be exempt from these standards and may provide flight training to individuals provided there is no charge to the individuals. 2. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 50,000 square feet of ground space on which shall be erected a building to provide at least 1,400 square feet of floor space for aircraft storage and at least 400 square feet for floor space for an office, classroom, briefing room, pilot lounge and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least ten (10) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway, and a paved tie -down area for storage of aircraft. (b) The Operator shall have available for use in flight training, either owned by or under written lease to Operator, not less than two (2) properly certificated aircraft, at least one (1) of which must be a four -place aircraft, and at least one (1) of which must be equipped for and capable of use in instrument flight instruction. (c) The Operator shall have the premises open and services available eight (8) hours daily, six (6) days a week. (d) The Operator shall have on a full-time basis at least one (1) flight instructor who has been properly certificated by the Federal Aviation Administration to provide the type of training offered. Page 10 The Operator shall have available for call on a part-time basis at least one (1) flight instructor who has been properly certificated by the Federal Aviation Administration to provide the type of training offered. The Operator shall make provisions for someone to be in attendance in the office at all times during business hours. (e) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE Aircraft Liability (Hull & Protection and Indemnity or its equivalent on all owned or leased aircraft Student/Rental Liability Covering all Users of Aircraft Commercial (Public) Liability: To include, but not be limited to: Premises/Operations and Contractual AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis $100,000 Coverage per Occurrence Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 11 1. 2. E. AIRCRAFT FUELS AND OIL DISPENSING SERVICE Statement of Concept An Aircraft Fuels and Oil Dispensing Operator is a person, firm, or corporation engaged in the sale and into -plane delivery of recognized brands of aviation fuels, lubricants, and other related aviation petroleum products. Granting of this aeronautical service shall not constitute an exclusive right. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 50,000 square feet of ground space on which shall be erected a building of at least 1800 square feet of total area, including at least 400 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least five (5) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, and a paved aircraft apron of at least 10,000 square feet to accommodate aircraft movement from the Operator's building to a taxiway. (b) The Operator shall provide, at a minimum, the following services: (1) Sale of aviation gasoline, fuel, oils, and lubricants of all kinds customarily sold to general aviation aircraft users; (2) Ramp service for general aviation aircraft users; (3) Cabin services to general aviation aircraft as can be performed efficiently on the ramp or apron parking area, but only within the premises leased to the Operator. (4) Tie down and hangar storage for general aviation aircraft; (5) Maintenance, repair, and servicing of general aviation aircraft, aircraft engines, and parts with a qualified mechanic on duty or on call twenty-four (24) hours per day, seven (7) day per week; Page 12 (6) Maintenance of an adequate inventory of the necessary aircraft parts and accessories to maintain, repair, and service general aviation aircraft. (c) The Operator shall provide at least two (2) 10,000 gallon fuel storage tanks at the Lubbock International Airport and maintain at all times an adequate supply of at least two (2) grades of fuel as closely related as possible to the popular demand of the general aviation users of the Airport. The Operator shall provide at least two (2) metered, filter -equipped dispensers, fixed or mobile, for dispensing the minimum requirements of two (2) grades of fuel. All refueling is to be done on leased areas unless otherwise requested by the pilots to be fueled. Such other non -leased areas must be designated by the Director of Aviation as available for fueling. The Operator shall procure and maintain tools, jacks, towing equipment, tire repairing equipment, energizers and starters, heaters, oxygen supplies, fire extinguishers, and passenger loading steps as appropriate and necessary for the servicing of general aviation aircraft using the Airport. All equipment shall be maintained and operated in accordance with local, State, and Federal ordinances, laws, and regulations. (d) The Operator shall have the premises open for aircraft fueling and oil dispensing services and ramp service twenty-four (24) hours a day, seven (7) days a week. (e) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards set forth herein. (f) The Operator shall make provisions for someone to be in attendance in the office at all times during business hours. (g) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: Page 13 TYPE Commercial (Public Liability: To include, but not be limited to: Premises/Operations, Products/Completed Operations, Contractual and Hangarkeeper's Liability AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 14 F. RADIO, INSTRUMENT, OR PROPELLER REPAIR STATION 1. Statement of Concept A Radio, Instrument, or Propeller Repair Station Operator is a person, firm, or corporation engaged the business of, and providing a shop for the repair of, aircraft radios, propellers, instruments, and accessories for general aviation aircraft. This category shall include the sale of new and used aircraft radios, propellers, instruments, and accessories. The Operator shall hold the appropriate repair shop certificates issued by FAA. Granting of this aeronautical service shall not constitute an exclusive right. 2. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 10,000 square feet of ground space on which shall be erected a building to provide at least 1,400 square feet of floor space for storage of at least one (1) aircraft, for a shop and to house all equipment, and at least 200 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least five (5) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office; and a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway. (b) The Operator shall have the premises open and services available eight (8) hours daily, five (5) days a week. (c) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards set forth herein, but never less than one (1) person who is a Federal Aviation Administration rated radio, instrument or propeller repairman and one (1) other repairman who need not be rated by the Federal Aviation Administration. (d) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: Page 15 TYPE Commercial (Public) Liability: To include, but not be limited to: Premises/operations, Products/Completed Operations, Contractual, and Hangarkeeper's Liability AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 16 1. 2. G. AIRCRAFT CHARTER AND AIR TAXI Statement of Concept An Aircraft Charter and Air Taxi Operator is a person, firm, or corporation engaged in the business of providing air transportation (persons or property) to the general public, either on a charter basis (Commercial Operation) or as an air taxi operator, as defined in the Federal Aviation Regulations. Granting of this aeronautical service shall not constitute an exclusive right. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 10,000 square feet of ground space on which shall be erected a building to provide at least 4,000 square feet of floor space for aircraft storage and at least 200 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least five (5) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, and a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway. (b) The Operator shall provide, either owned by or under written lease to the Operator, not less than one (1) single -engine four -place aircraft and one (1) multi -engine aircraft, both of which must meet the requirements of the air taxi commercial operator certificate held by the Operator, including instrument operations. (c) The Operator shall have the premises open and services available eight (8) hours daily, six (6) days a week. The Operator shall provide on -call service during hours other than the aforementioned. (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards set forth herein, but never less than at least one (1) Federal Aviation Administration certificated commercial pilot and otherwise appropriately rated to permit the flight activity offered by the Operator. The Operator shall make provisions for someone to be in attendance in the office at all times during business hours. Page 17 (e) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE Aircraft Liability (Hull & Protection and Indemnity) or its equivalent on all owned or leased aircraft Passenger Liability on all owned or leased aircraft Commercial (public) Liability: To include, but not be limited to: Premises/Operations, and Contractual AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis $100,000 each Passenger Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 18 H. SPECIALIZED COMMERCIAL FLYING SERVICES 1. Statement of Concept A Specialized Commercial Flying Services Operator is a person, firm, or corporation engaged in air transportation for hire for the purpose of providing the use of aircraft for the activities listed below: (a) Non-stop sightseeing flights that begin and end at the Airport. (b) Crop dusting, seeding, and spraying. (c) Banner towing and aerial advertising. (d) Aerial photography or survey. (e) Fire fighting. (f) Power line or pipeline patrol. (g) Other operations specifically excluded from the Federal Aviation Regulations concerning air taxi and air carriers. 2. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 50,000 square feet of ground space on which shall be erected a building to provide at least 1,400 square feet of floor space for aircraft storage and at least 200 square feet for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least five (5) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, and a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway. In the case of crop dusting, aerial application, or other commercial use of chemicals, the Operator shall provide a centrally drained, paved area of not less than 2,500 square feet for aircraft loading, washing, and servicing. The Operator shall also provide for the safe storage and containment of noxious chemical materials. Such facilities will be in a location which will provide the greatest safeguard to the public. Page 19 Any person may request a variance from the square footage requirements for ground space, floor space for aircraft storage, and/or office space by filing written notice of the request with the Director of Aviation. Upon review and approval by the Director of Aviation, the request for variance shall be submitted to the City Council for final approval. (b) The Operator shall provide and have based on the leasehold, either owned by or under written lease to the operator, not less than one (1) airworthy aircraft which will meet is all the requirements of the Federal Aviation Administration and applicable regulations of the State of Texas with respect to the type of operations to be performed. In the case of crop dusting, aerial application, or other commercial use of chemicals, the Operator shall provide tank trucks for the handling of liquid spray and mixing liquids. The operator shall also provide adequate ground equipment for the safe handling and safe loading of such chemicals. (c) The Operator must provide, by means of an office or a telephone, a point of contact for the public desiring to utilize operator's services. (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards set forth herein, but never less than one (1) person holding a current Federal Aviation Administration commercial certificate, properly rated for the aircraft to be used for the type of operations to be performed and one (1) other person to assist in the loading and servicing of aircraft. (e) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE AMOUNT Aircraft Liability (Hull & Protection and Indemnity) or its equivalent on all owned or leased aircraft Combined Single Limit Coverage for Bodily Injury & Property owned Damage: $500,000 on a per Occurrence or claims Made Basis Page 20 Passenger Liability on $100,000 each Passenger all owned or leased aircraft Commercial (Public) Combined Single Limit Liability: To include, Coverage for Bodily Injury but not be limited to: & Property Damage: Premises/Operations, $500,000 on a per and Contractual Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 21 1. 2. I. MULTIPLE SERVICES Statement of Concept A Multiple Services Operator is a person, firm, or corporation engaged in any two or more of the aeronautical services for which minimum standards have been hereinbefore provided. Granting of this aeronautical service shall not constitute an exclusive right. Minimum Standards (a) The Operator shall lease from the City of Lubbock at least 50,000 square feet of ground space (10,000 square feet for combinations that only include aircraft rental, radio/instrument/propeller repair, and charter/air taxi) for aircraft storage, parking, and other uses in accordance with the services to be offered, and on which shall be erected a building whose requirements are the same as the category herein having the greatest building requirements including, at least 200 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. If flight training is one of the multiple services offered, the Operator shall provide classroom and briefing room facilities in the aforementioned building. The Operator shall provide within the leased area: paved parking space to accommodate at least twenty (20) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, and a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway. If crop dusting, aerial application, or other commercial use of chemicals are part of the multiple services offered, the Operator shall provide a centrally drained, paved area of not less than 2,500 square feet for aircraft loading, washing, and servicing. The Operator shall also provide for the safe storage and containment of noxious chemical materials. Such facilities will be in a location which will provide the greatest safeguard to the public. (b) The Operator shall comply with the aircraft requirements, including the equipment thereon, for each aeronautical service to be performed, except as hereinafter provided. Multiple uses can be made of used for crop dusting, aerial commercial use of chemicals. all aircraft except aircraft application, or other Page 22 The Operator, unless performing combinations of multiple services for which aircraft are not required, shall have available and based at the Lubbock International Airport, either owned by or under written lease to the Operator, not less than two (2) certified and currently airworthy aircraft. These aircraft shall be equipped and capable of flight to meet the minimum standards as hereinbefore provided for each aeronautical service to be performed. The Operator shall provide the equipment and services required to meet the minimum standards as hereinbefore provided for each aeronautical service the Operator performs. (c) The Operator shall adhere to the hours of operation required for each aeronautical service being performed. (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards for each aeronautical service the Operator performs as hereinbefore provided. Multiple responsibilities may be assigned to meet personnel requirements for each aeronautical service being performed by the Operator, except such multiple responsibilities may not be assigned to the Federal Aviation Administration certificated repair station. (e) The Operator shall obtain, as a minimum, that insurance coverage which is equal to the highest individual insurance requirement of all the aeronautical services being performed by Operator, or the amount required by the City of Lubbock for other Fixed Base Operators of like size and offering like services. Page 23 II. NON-FBO'S & SPECIAL EXCEPTIONS Persons, firms, or corporations performing certain aeronautical activities or services are not considered to be Fixed Base Operators. These non-FBO activities and other special exceptions are described in the following sections. Page 24 1. A. NONPUBLIC AIRCRAFT FUELING AND OIL DISPENSING Statement of Concept Any person, firm, or corporation operating aircraft on the Airport may dispense aircraft fuel and oil into aircraft they own, lease for use, or manage, subject to the provisions of this section. 2. Minimum Standards (a) Self -fueling operations must be conducted in compliance with all applicable Federal, State, and local rules and regulations. (b) Self -fueling operations may be conducted only by the Aircraft Operator or his employees. (c) Self -fueling operations may be conducted only on premises the Aircraft Operator has leased or subleased from the City of Lubbock at the Airport or on areas specifically designated for fueling. (d) No fuel may be dispensed into any aircraft other than those owned or controlled by the Aircraft Operator. (e) The current applicable fuel flowage fee shall be paid on all fuel dispensed under this category. (f) The Aircraft Operator performing the services under this category will be required to carry the following types and amounts of insurance. TYPE Commercial (Public) Liability: To include, but not be limited to: Premises/Operations, Products/Completed Operations, Contractual, and Hangarkeeper's Liability AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,OOO on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 25 1. 2. B. FLYING CLUBS Statement of Concept A flying club is defined as a non-profit organization, the members of which have an investment interest in the aircraft and other capital equipment owned or controlled by the club. In an effort to foster and promote flying for pleasure, develop skills in aeronautics, including pilotage, navigation, and an awareness and appreciation of aviation requirements and techniques, flying clubs are permitted to operate at the Airport. No flying club may be established or operate in such a manner as to act as a subterfuge to avoid the minimum standards for Fixed Base Operators. Requirements All flying clubs basing their aircraft and/or operations on the Airport must comply with the following standards and , regulations, but are exempt from the minimum standards for Fixed Base Operators. (a) The flying club shall be a non-profit corporation or partnership organized for the express purpose of providing its members with aircraft for their personal use and enjoyment only. The flying club may not derive greater revenue from the use of its aircraft than the amount necessary for the operations, maintenance, and replacement of its aircraft. The flying club shall provide the City with a copy of the club's charter (if applicable), bylaws, and rules and regulations. (b) The flying club shall not offer or conduct charter, air taxi, or rentals of aircraft operations. (c) The flying club shall not conduct aircraft flight instruction except that FAA certified instructors who are members of the flying club may give flight instruction only to other club members and only in the flying club's aircraft. (d) Flying club members who are also FAA certified mechanics shall not be prohibited from doing maintenance work on the flying club's aircraft. (e) Neither the flying club nor flying club members may lease, sell, or trade any goods or services at the Airport except that the club may sell or trade its capital equipment. (f) The flying club and flying club members shall obey all Federal, State, and local laws, ordinances, rules and regulations. Page 26 3. 4. (g) The flying club shall furnish the Director of Aviation of the Airport a current copy of the clubfs list of members, including names of officers and directors. Violations In the event that the club fails to conditions, the Director of Aviation writing of such violations. If the violations in 15 days, the Director deems advisable. Insurance comply with these will notify the club in club fails to correct the of Aviation may take any he Any flying club leasing space from the City shall be required to carry the following types and amounts of insurance: TYPE AMOUNT Aircraft Liability (Hull & Combined Single Limit Protection and Indemnity) Coverage for Bodily Injury or its equivalent on all & Property Damage: aircraft $500,000 on a per occurrence or Claims Made Basis Evidence of insurance in the form of a certificate of insurance with a hold harmless clause in favor of the City (15 days prior notice of cancellation) shall be filed with the Director of Aviation. Page 27 C. FLYING ORGANIZATIONS 1. Statement of Concept A flying organization is defined as a non-profit organization, the members of which have a common interest in aviation. The flying organization does not own or control aircraft. To foster and promote flying and an awareness and appreciation of aviation requirements and techniques, flying organizations are permitted to operate at the Airport. 2. Conditions (a) The flying organizations shall abide by and comply with all Federal, State and local laws, ordinances, rules and regulations. (b) Members of the flying organizations shall generally have the same rights, privileges, and obligations of any other members of the flying public at the Airport. Page 28 III. GENERAL CONSIDERATIONS The following sections set forth general considerations applicable to aeronautical services and activities at the Airport. Page 29 A. BASIC REQUIREMENTS 1. Buildings (a) The minimum space requirements as hereinbefore provided may be satisfied within any of the existing structures at the Airport except T-hangars. (b) With written permission of the Director of Aviation of the City of Lubbock, the requirement for building space for any FBO activity may be satisfied by a sublease of such space at the Lubbock International Airport. (c) Approval of the Director of Aviation in writing of any additional structures intended to satisfy such requirements shall be a prerequisite to consideration of a lease proposal by the City. 2. Certificates and Ratings All personnel hereinbefore required to hold Federal Aviation Administration certificates and ratings shall maintain such certificates and ratings at all times. Page 30 B. LEASE PROPOSAL REQUIREMENTS The City of Lubbock will not accept an original request to lease land area at the Lubbock International Airport unless the request is a written proposal which sets forth the scope or operation to be performed and includes the following: (a) The services to be offered. (b) The amount of land to be leased. (c) The building space to be constructed or leased. (d) The number of aircraft to be provided. (e) The number of persons to be employed. (f) The hours of proposed operations. (g) The number and types of insurance coverage to be maintained. (h) Evidence of financial capability to perform and provide the proposed services and facilities. Page 31 1. 2. C. SUBLEASES Statement of Concept All subleases shall be subject to prior written approval and continuing review by the Director of Aviation of the City of Lubbock. It is the intention of the City that the subleases not be misused as a method to avoid compliance with any minimum standards set forth herein. Subleases are intended as a method of allowing persons who use aircraft as an auxiliary to another non -aviation -related business. Standards In the event that the Director of Aviation determines that a Subleasee is operating an aviation -related business without complying with the minimum standards applicable thereto, the sublease may be terminated upon thirty (30) days written notice. Such notice shall be by certified mail to the Subleases and Lessee. Further, the actions of a Subleasee in trying to avoid such minimum standards breach of the Lessee's lease with the termination of the lease. not complying with or shall be considered a City and grounds for Page 32 D. STANDARD LEASE PROVISIONS All leases between the City of Lubbock and an Operator covering the performance by the Operator of any aeronautical service as hereinbefore described shall be in writing and shall; in general, contain the following standard provisions: 1. The right to conduct aeronautical activities for furnishing services to the public is granted the Lessee subject to Lessee agreeing: a. To furnish said services on a fair, equal and non- discriminatory basis to all users thereof, and b. To charge fair, reasonable and nondiscriminatory prices for each unit or service; provided that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 2. The Lessee, the Lessee's personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (a) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (b) that 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, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (c) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 3. The Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person shall on the grounds of race, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The Lessee assures that no person shall be excluded on these grounds from participating in or receiving the services of any program or activity covered by this subpart. The Lessee assures that it will require that its covered suborganizations provide assurances to the Lessee that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR. Part 152, Subpart E, to the same effect. Page 33 4. That in the event of breach of any of the preceding nondiscrimination covenants, Lessor shall have the right to terminate the license, lease, permit, etc., and to reenter and repossess said land and the facilities thereon, and henceforth hold the same as if said lease had never been made or issued. 5. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use; and if 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. 6. No right or privilege has been granted which 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 (including but not limited to maintenance, repair, and fueling) that it may choose to perform. 7. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right forbidden by Section 308(a) of the Federal Aviation Act of,1958, or for aeronautical activities such as but not limited to: a. Charter operations b. Pilot training C. Aircraft rental d. Aerial photography e. Crop dusting f. Sale of aviation petroleum products g. Air carrier operations h. Aircraft sales and service incidental thereto i. Any other activity which, because of its direct relationship to the operation of aircraft, can be regarded as an aeronautical activity 8. Lessor reserves the right to further develop or improve the Airport as Lessor sees fit in a reasonable and nondiscriminatory manner. However, the Lessor shall notify Lessee in writing, 60 days prior to planned development. Page 34 9. Lessor shall have the right, but not the obligation, to maintain the landing area of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of Lessee in this regard. 10. All hangars, buildings, properties and land on the Airport leased by Lessee, shall be maintained by Lessee in a clean, attractive, weed -free, well -painted, junk -free condition. If an Operator or Lessee has an area where it normally keeps damaged aircraft, aircraft parts, construction fixtures, and jigs, barrels, containers, or other unattractive items, Lessee shall enclose such area with a screen that will hide such area from public view. 11. Lessor reserves the right to take any action Lessor considers necessary to protect the aerial approaches of the Airport against obstructions, together with the right to prevent the erection of any building or other structure on or adjacent to the Airport which would limit the usefulness of the Airport or constitute a hazard to aircraft. 12. This agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States pertaining to the operation or maintenance of the Airport. 13. Incorporated into this agreement by reference as though set forth herein verbatim are the Minimum Standards for Aeronautical Activities, Land Use and Development Policies and Standards, Tenant Security Agreements and other operational safety, and security rules and regulations that are or shall be imposed upon or adopted by the airport. Such standards shall be lawful, reasonable and nondiscriminatory. Further, all parties hereto agree to comply with any and all laws and regulations, including those of the FAA, and will not permit the premises covered by this agreement to be used for any unlawful or improper purpose. 14. Each Lessee shall at all times have in effect liability insurance for all of Lessee's operations in the amounts set out in the Standard for the particular activity in question and referenced in the minimum standards. Such insurance policies shall further name the Lessor as an additional insured. Certificates of such insurance shall be furnished by Lessee to the Lessor and a Certificate shall be on file with the City at all times. 15. The standards and regulations enacted by the governmental agency responsible for the operation of the Airport, now or in the future, may provide for use charges to be paid by those using, occupying, or conducting operations at the Airport. Such charges may be based upon square footage, receipts, or Page 35 other reasonable basis, to be established by such standards and regulations. Lessee agrees to pay such charges as same are due and owing under any such standards or regulations now or hereafter in effect. Any such use charges shall be lawful, reasonable, and nondiscriminatory. 16. Lessor may, on account of the breach of any provision hereof, including the standards and regulations incorporated herein by reference, terminate this agreement and repossess the leased premises without being deemed guilty in any manner of trespass.. 17. Lessee agrees to save and hold harmless the Lessor and its agents, servants, and employees of and from any and all liabilities, expenses, causes of action, damages and attorneys' fees which may result from any of Lessee's businesses, operations, occupancy, or use of the airfield or leased premises or which may result from any act or omission of Lessee's agents, servants or employees. This indemnity agreement shall apply and protect such Lessor and its agents, servants, and employees, even though it be contended, or even established that said Lessor or its agents, servants, or employees were negligent, or that their conduct or omission in any way caused or contributed to any such liability, expense, damage, cause of action, or attorneys' fees. 19. The purpose of the lease and the operations to be conducted by Lessee or a sublessee, and a description of the premises to be occupied, are set forth in this lease. No other operations, business, or occupancy may be had or done without the additional written consent of the Director of Aviation of the Lessor. 19. This agreement may not be assigned, in whole or in part, nor may the premises described herein be subleased, in whole or in part, without the prior written consent of the Director of Aviation of the Lessor. Such consent shall not be unreasonably withheld. 20. In the event Lessee becomes insolvent, or the subject of any bankruptcy proceeding, or if a receiver, assignee, or other liquidating officer is appointed for the business of Lessee, then Lessor may cancel this lease at Lessor's option upon giving written notice to Lessee. Paqe 36 APPENDIX A LUBBOCK INTERNATIONAL AIRPORT SITE PLAN CHECKLIST The site plan will be drawn professionally using a standard engineering scale, be clearly defined and dimensioned, and will indicate: (1) Legal description of property. (2) The location of boundary lines, building lines, and the width and location of all parkways, streets, and easements within and adjacent to property, and location of nearest runways, taxiways, and aprons. (3) The location, size, and character of buildings and the total square footage of each. (4) Off-street parking, curb cuts, loading facilities, and service areas and any illumination for same. (5) Landscaping, including screening walls and fences, retaining walls, green planting strips, trees, and other improvements or alterations to the land. (6) Setting of all existing structures on the subject and adjoining property. (7) The design of adequate ingress and egress to minimize interference with traffic flow on abutting streets. (8) The height of all structures. (9) The location, type, size, and height of all signs, other than wall signs. (10) The location of facilities for refuse disposal. (11) The location of fire hydrants in the immediate area. (12) Types of surfacing. (13) The location, type, and size of all proposed water and sewer mains (if applicable). (14) The location, type, and size of all proposed drainage facilities (if applicable). (15) Proposed uses. (16) Existing and proposed elevation. Page 37 APPENDIX B Requirements for Ground Lease, Buildings, Parking and Hours of Operation FBO Activity Ground Lease S .Ft Building Requirement (Sq.Ft) Office Aircraft Other Etc. Stora a Area Total Parking Rqm. (Spaces) Hours of Operation Aircraft Sales 50,000 200 10,000 --- 10,200 5 8 hr/day; 5 day/wk Airframe/Power Plant Repair 50,000 200 --- 10,000 10,200 10 8 hr/day; 5 day/wk Aircraft Rental 25,000 200 1,400 --- 1,600 5 8 hr/day; 6 day/wk Flight Training 50,000 400 1,400 --- 11800 10 8 hr/day; 6 day/wk Fuels b Oil Dispensing 50,000 400 --- 1,400 1,800 5 24 hr/day; 7 day/wk Radio/Instrument/Propeller 10,000 200 --- 1,400 1,600 5 8 hr/day; 5 day/wk Repair Aircraft Charter/Air Taxi 10,000 200 4,000 --- 4,200 5 8 hr/day; 6 day/w� Specialized Commercial 50,000 200 1,400 --- 1,600 5 None specified Flying Services Multiple Services 50,000 200 ---*2 ---*2 ---*2 20 Same as -hours of 10,0001 individual activity 1. For combinations of aircraft rental, radio/instrument/propeller repair, and charter/air taxi only. 2. Minimum building to be the building requirement for the activity having greatest building requirement. APPENDIX C Lubbock =ntcrnatioria.l Airport Letter of . Bgrnt : Tenant Sec-*�r1 ty Requ� r���ts This letter is to confirm agreement and understanding of airport security responsibilities for Company Name Address -Location a premises and/or operation with access to the airport - operations area(AOA) and authorized to control access and/or enter the AOA.. It is understood that access to the AOA,is to be strictly controlled at all times to prevent unauthorized entry of persons, vehicles, or animals into the AOA.: The AOA is defined by the boundary of the airfield security fence and. those buildings interconnected with the security fence.. Only those persons having an airport issued I.D. Badge,.or persons under the personal escort of a person with an I.D. Badge, will be allowed access to the AOA or other secure areas. Only those ground vehicles with an airport AOA access permit will be allowed access to the AOA and must be operated by persons having completed the Airport AOA Driver Training Program while operating on any portion of the AOA. Doors and other openings inside the premises that allow access from the non -secure side of the building to the AOA secure side, shall be controlled by key locks or other approved method to prevent unauthorized persons from entering the AOA-secure area through the building. Gates in the security fence shall be controlled in the same manner. Areas of the tenant's building with open access to the AOA such as hangar bays are considered secure and a part of the AOA requiring persons in those areas to have an airport I.D. or be under the escort of a person with an airport I.D. Access to such areas from the unsecure side must be controlled with key lock doors, gates, or other means to ensure only persons with authorization, proper I.D. badge, and access key can enter the secure area. PAGE 39 Requirement to challenge and report unauthorized entry or attempted entry to secure areas: It shall be the responsibility of the tenant to (challenge) ask any person or vehicle not displaying the proper airport I.D. badge or vehicle permit to produce same and, if not produced, to leave the secure area. Such unauthorized person(s) or vehicle(s) is to be immediately reported to airport Security 767-2044. If possible tenant is to keep violators under observation until law officers arrive whether the entry is actual or attempted. Key -lock control: Tenant is required to keep a log of persons issued keys to the premises that control doors and openings to the AOA and secure areas of the building and to record lost and unaccounted keys. Tenant shall be required at tenant's expense to immediately re -key those locks controlling access to the AOA or secure areas of the building whenever a key is lost or unaccounted or whenever any key holder is terminated for cause or whose access is no longer approved, and shall so notify the Airport Security Department in writing within 24 hours of such occurrence. It is the responsibility of the tenant to ensure compliance with the Airport Security Program for its premises and operations, and to prescribe and implement methods, policies, and procedures for its personnel, visitors, customers, and invitees to follow to comply with access and identification controls and airport security and safety rules and operations policies. The tenant shall provide a written plan of the methods and procedures used to comply with Airport Security Requirements outlined herein and other requirements that may be imposed on the airport by the FAA from time to time. The written plan shall be attached to this agreement and made a part thereof. It is understood that the tenant shall be responsible for the payment of any civil penalty or fine arising from or resulting from its premises, operation, or failure to control access, follow identification or permit requirements, or other requirements stated herein. Bern E. Case, A.A.E. Company's Officer Director of Aviation Date: Date: PAGE 40 Resolution No. 3639 June 13, 1991 Item #22 HW:dw RESOLUTION WHEREAS, the Airport Board of the City of Lubbock on May 8, 1991, voted to recommend to the City Council of the City of Lubbock for approval certain Minimum Standards for Aeronautical Activities at Lubbock International Airport which are primarily intended to protect Airport patrons from irresponsible, unsafe and inadequate service; and WHEREAS, the City Council has determined that it would be in the public interest to approve and adopt such Minimum Standards for all commercial aeronautical activities at the Airport; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Minimum Standards for Aeronautical Activities recommended by the Airport Board on May 8, 1991, to be submitted to the City Council for approval are hereby approved and adopted by the Council as the Minimum Standards for Aeronautical Activities at Lubbock International Airport. SECTION 2. THAT the Director of Aviation for the City of Lubbock is henceforth charged with the responsibility of maintaining and uniformly applying the Minimum Standards approved and adopted by this Resolution to all commercial aeronautical activities at Lubbock International Airport. Passed by the City Council this 13th day of AT u RanetVe y�, City Secretary I' APPROVED AS TO CONTENT: m rtra , Assistant City Manager AP VED AS TO FORM: I` y aro Wi ard, Assist nt City Attorney June , 1991 B. C. McMIN , MAYOR Resolution No. 3639 June 13, 1991 Item #22 MINIMUM STANDARDS FOR AERONAUTICAL ACTIVITIES CITY OF LUBBOCK LUBBOCK INTERNATIONAL AIRPORT APPROVED BY AIRPORT BOARD MAY 8 1 1991 APPROVED BY CITY COUNCIL June 13 11991 INDEX Introduction.......................................... 2 MINIMUM STANDARDS I. Fixed Base Operator............................... 3 A. Aircraft Sales ............................... 4 B. Airframe and Power Plant Repair Facilities... 6 C. Aircraft Rental .............................. 8 D. Flight Training .............................. 10 E. Aircraft Fuels and Oil Dispensing Service.... 12 F. Radio, Instrument, or Propeller Repair Station .............................. 15 G. Aircraft Charter and Air Taxi................ 17 H. Specialized Commercial Flying Services....... 19 I. Multiple Services ............................ 22 II. Non-FBO's & Special Exceptions.................... 24 A. Nonpublic Aircraft Fuel and Oil Dispensing... 25 B. Flying Clubs ................................. 26 C. Flying Organizations.......... ............... 28 III. General Considerations ............................ 29 A. Basic Requirements ........................... 30 B. Lease Proposal Requirements................... 31 C. Subleases .................................... 32 D. Standard Lease Provisions .................... 33 APPENDICES Appendix A: Lubbock International Airport Site Plan Checklist ................................. 37 Appendix B: Requirements for Ground Lease, Buildings, Parking and Hours of Operation................ 38 Appendix C: Security Letter of Agreement .......... 39 INTRODUCTION The following minimum standards are requirements for commercial aeronautical activities which have been established in the public interest. The minimum standards are intended to protect airport patrons from irresponsible, unsafe, and inadequate service. Determination of the quality and level of services which are offered to the public in connection with a particular aeronautical activity is a legitimate prerogative of the City of Lubbock and the City may change its minimum standards from time to time for the purpose of improving the quality of service to the public. Such standards will be applied objectively and uniformly. Grandfather Clause: Aeronautical activities with current leases at Lubbock International Airport are deemed to meet the facilities requirements set forth herein based on long standing acceptable service in current facilities at current locations. The same facility requirements will be deemed adequate for lease renewal purposes. If the business is assigned, transferred, or legally taken over in tact, the new principals may continue to meet the minimum standards via this Grandfather Clause. If the business substantially changes due to change of principal or major change in facility, the standards set forth must then be met in their entirety. Page 2 I. FIXED BASE OPERATOR 1. A Fixed Base Operator is defined as any person, firm or corporation performing aeronautical activities or services at the Lubbock International Airport as hereinafter set forth. No person, firm, or corporation shall engage in any commercial activity as a fixed base operator, as herein defined, unless the same is done in full compliance with the standards, rules, and regulations herein set forth. 2. Any person, firm or corporation capable of meeting the minimum standards set forth herein for the stated Fixed Base Operator categories is eligible to become a Fixed Base Operator at the Airport, subject to the execution of a written lease containing such terms and conditions as may be negotiated with the City of Lubbock. A Fixed Base Operator shall not engage in any business or activity on the airport other than that authorized in a lease with the City. Any existing Fixed Base Operator who desires to modify aeronautical activities or services beyond the scope of his lease must first negotiate and secure a lease amendment. Each Fixed Base Operator shall provide buildings, personnel, equipment and other requirements as herein stated upon land leased from the City of Lubbock. 3. A Fixed Base Operator shall satisfy the City that the FBO is technically and financially able to perform the services of a Fixed Base Operator. This shall include the responsibility for demonstrating continued financial solvency. 4. All construction required of Fixed Base Operators shall be in accordance with design and construction standards of the City of Lubbock for the facility or activity involved. 5. The rates or charges for any and all activities and services of Fixed Base Operators shall be determined by the operators. 6. All Fixed Base Operators shall pay all taxes and assessments against any buildings or other structures placed on Airport premises as well as all taxes and assessments against the personal property used by the FBO's in their operations. 7. All Fixed Base Operators shall abide by and comply with all local, State, and Federal regulations, laws, and ordinances. Page 3 A. AIRCRAFT SALES 1. Statement of Concept An Aircraft Sales Operator is a person, firm, or corporation engaged in the sale of new or used aircraft through a franchise or licensed dealership or distributorship (either on a retail or wholesale basis) of an aircraft manufacturer or otherwise; and provides such repairs, services, and parts as necessary to meet any guarantee or warranty on new or used aircraft sold. Granting of this aeronautical service shall not constitute an exclusive right. Individuals who buy, sell, or trade used aircraft for personal use less than three times per calendar year shall be exempt from these standards. 2. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 50,000 square feet of ground space to provide for outside display and storage of aircraft and on which shall be erected a building to provide at least 10,000 square feet of floor space for aircraft storage and at least 1,000 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least five (5) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office and a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway. (b) The Operator shall provide necessary and satisfactory arrangements for repair and servicing of aircraft, but only for the duration of any sales guarantee or warranty period. Servicing facilities may be provided through written agreement with a repair shop operator at the Lubbock International Airport. The Operator shall provide an adequate inventory of spare parts for the type of new aircraft for which sales privileges are granted. The Operator who is engaged in the business of selling new aircraft shall have available or on call at least one demonstrator aircraft. (c) The Operator shall have the premises open and services available eight (8) hours daily, five (5) days a week. Page 4 (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner, the minimum standards set forth herein, but never less than one (1) person having a current, effective commercial pilot certificate with single engine rating and instructor rating. The Operator shall make provisions for someone to be in attendance in the office at all times during business hours. (e) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE Aircraft Liability (Hull & Protection and Indemnity)_ or its equivalent Passenger Liability on all owned or leased aircraft Commercial (Public) Liability: To include, but not be limited to: Premises/Operations, Products/Completed Operations, and Contractual AMOUNT Combined Single Limit Coverage For Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis $100,000 each Passenger Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 5 1. 2. B. AIRFRAME AND POWER PLANT REPAIR FACILITIES Statement of Concept An Aircraft Engine and Airframe Maintenance and Repair Operator is a person, firm, or corporation providing one or a combination of airframe and power plant repair services, but with at least one (1) person currently certificated by the Federal Aviation Administration with ratings appropriate to the work being performed. This category of aeronautical services shall also include the sale of aircraft parts and accessories, but is not an exclusive right. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 50,000 square feet of ground space on which shall be erected a building to provide at least 10,000 square feet of floor space for airframe and power plant repair services, including a segregated painting area, all of which adhere to local and State industrial code requirements, and at least 200 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. (b) The Operator shall provide sufficient equipment, supplies, and availability of parts sufficient for certification by the Federal Aviation Administration as an approved repair station. (c) The Operator shall have the premises open and services available eight (8) hours daily, five (5) days a week. (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards set forth herein, but never less than one (1) person currently certificated by the Federal Aviation Administration with ratings appropriate to the work being performed and who holds an airframe, power plant or an aircraft inspector rating, and one (1) other person, not necessarily rated. The Operator shall make provisions for someone to be in attendance in the office at all times during the business hours. Page 6 (e) The Operator shall promptly remove from the public landing area, as soon as directed by lawful authorities, any disabled aircraft; and shall have available suitable tractors, tow bars, jacks, dollies and other equipment that might be needed to remove the largest type of aircraft that could become disabled. (f) The Operator shall remove any nonairworthy aircraft from Airport premises within a reasonable time. (g) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE Commercial (Public) Liability: To include, but not be limited to: Premises/Operations, Products/Completed Operations, Contractual, and Hangarkeeper's Liability AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include of Lubbock as an additional insured and a waiver of in favor of the City of Lubbock. the City subrogation Page 7 C. AIRCRAFT RENTAL 1. Statement of Concept An Aircraft Rental Operator is a person, firm, or corporation engaged in the rental of aircraft to the public. Granting of this aeronautical service shall not constitute an exclusive right. 2. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 25,000 square feet of ground space on which shall be erected a building to provide at least 1,400 square feet of floor space for aircraft storage and at least 200 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least five (5) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, and a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway. (b) The Operator shall have available for rental, either owned by or under written lease to Operator, not less than two (2) certificated and airworthy aircraft, at least one (1) of which must be a four -place aircraft, and at least one (1) of which must be equipped for and capable of flight under instrument conditions. (c) The Operator shall have the premises open and services available eight (8) hours daily, six (6) days a week. (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner set forth herein, the minimum standards but never less than one (1) person having a current commercial pilot certificate with appropriate ratings, including instructor rating. The Operator shall make provisions for someone to be in attendance in the office at all times during business hours. Page 8 (e) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE Aircraft Liability (Hull & Protection and Indemnity) or its equivalent on all owned or leased aircraft Student/Renter Liability Covering All Users of Aircraft Commercial (Public) Liability: To include, but not be limited to Premises/Operations, and Contractual AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis $100,000 Coverage per Occurrence Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 9 D. FLIGHT TRAINING 1. Statement of Concept A Flight Training Operator is a person, firm, or corporation engaged in instructing pilots in dual and solo flight training, in fixed or rotary wing aircraft, and in providing such related ground school instruction as necessary to prepare for a written examination and flight check ride for the category or categories of pilots' licenses and ratings involved. Granting of this aeronautical service shall not constitute an exclusive right. An individual holding a current flight instructor certificate shall be exempt from these standards and may provide flight training to individuals provided there is no charge to the individuals. 2. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 50,000 square feet of ground space on which shall be erected a building to provide at least 1,400 square feet of floor space for aircraft storage and at least 400 square feet for floor space for an office, classroom, briefing room, pilot lounge and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least ten (10) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway, and a paved tie -down area for storage of aircraft. (b) The Operator shall have available for use in flight training, either owned by or under written lease to Operator, not less than two (2) properly certificated aircraft, at least one (1) of which must be a four -place aircraft, and at least one (1) of which must be equipped for and capable of use in instrument flight instruction. (c) The Operator shall have the premises open and services available eight (8) hours daily, six (6) days a week. (d) The Operator shall have on a full-time basis at least one (1) flight instructor who has been properly certificated by the Federal Aviation Administration to provide the type of training offered. Page 10 The Operator shall have available for call on a part-time basis at least one (1) flight instructor who has been properly certificated by the Federal Aviation Administration to provide the type of training offered. The Operator shall make provisions for someone to be in attendance in the office at all times during business hours. (e) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE Aircraft Liability (Hull & Protection and Indemnity or its equivalent on all owned or leased aircraft Student/Rental Liability Covering all Users of Aircraft Commercial (Public) Liability: To include, but not be limited to: Premises/Operations and Contractual AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis $100,000 Coverage per Occurrence Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 11 E. AIRCRAFT FUELS AND OIL DISPENSING SERVICE 1. Statement of Concept An Aircraft Fuels and Oil Dispensing Operator is a person, firm, or corporation engaged in the sale and into -plane delivery of recognized brands of aviation fuels, lubricants, and other related aviation petroleum products. Granting of this aeronautical service shall not constitute an exclusive right. 2. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 50,000 square feet of ground space on which shall be erected a building of at least 1800 square feet of total area, including at least 400 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least five (5) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, and a paved aircraft apron of at least 10,000 square feet to accommodate aircraft movement from the Operator's building to a taxiway. (b) The Operator shall provide, at a minimum, the following services: (1) Sale of aviation gasoline, fuel, oils, and lubricants of all kinds customarily sold to general aviation aircraft users; (2) Ramp service for general aviation aircraft users; (3) Cabin services to general aviation aircraft as can be performed efficiently on the ramp or apron parking area, but only within the premises leased to the Operator. (4) Tie down and hangar storage for general aviation aircraft; (5) Maintenance, repair, and servicing of general aviation aircraft, aircraft engines, and parts with a qualified mechanic on duty or on call twenty-four (24) hours per day, seven (7) day per week; Page 12 (6) Maintenance of an adequate inventory of the necessary aircraft parts and accessories to maintain, repair, and service general aviation aircraft. (c) The Operator shall provide at least two (2) 10,000 gallon fuel storage tanks at the Lubbock International Airport and maintain at all times an adequate supply of at least two (2) grades of fuel as closely related as possible to the popular demand of the general aviation users of the Airport. The Operator shall provide at least two (2) metered, filter -equipped dispensers, fixed or mobile, for dispensing the minimum requirements of two (2) grades of fuel. All refueling is to be done on leased areas unless otherwise requested by the pilots to be fueled. Such other non -leased areas must be designated by the Director of Aviation as available for fueling. The Operator shall procure and maintain tools, jacks, towing equipment, tire repairing equipment, energizers and starters, heaters, oxygen supplies, fire extinguishers, and passenger loading steps as appropriate and necessary for the servicing of general aviation aircraft using the Airport. All equipment shall be maintained and operated in accordance with local, State, and Federal ordinances, laws, and regulations. (d) The Operator shall have the premises open for aircraft fueling and oil dispensing services and ramp service twenty-four (24) hours a day, seven (7) days a week. (e) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards set forth herein. (f) The Operator shall make provisions for someone to be in attendance in the office at all times during business hours. (g) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: Page 13 TYPE Commercial (Public Liability: To include, but not be limited to: Premises/Operations, Products/Completed Operations, Contractual and Hangarkeeper's Liability AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 14 F. RADIO, INSTRUMENT, OR PROPELLER REPAIR STATION 1. Statement of Concept A Radio, Instrument, or Propeller Repair Station Operator is a person, firm, or corporation engaged the business of, and providing a shop for the repair of, aircraft radios, propellers, instruments, and accessories for general aviation aircraft. This category shall include the sale of new and used aircraft radios, propellers, instruments, and accessories. The Operator shall hold the appropriate repair shop certificates issued by FAA. Granting of this aeronautical service shall not constitute an exclusive right. 2. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 10,000 square feet of ground space on which shall be erected a building to provide at least 1,400 square feet of floor space for storage of at least one (1) aircraft, for a shop and to house all equipment, and at least 200 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least five (5) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office; and a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway. (b) The Operator shall have the premises open and services available eight (8) hours daily, five (5) days a week. (c) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards set forth herein, but never less than one (1) person who is a Federal Aviation Administration rated radio, instrument or propeller repairman and one (1) other repairman who need not be rated by the Federal Aviation Administration. (d) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: Page 15 TYPE Commercial (Public) Liability: To include, but not be limited to: Premises/Operations, Products/Completed Operations, Contractual, and Hangarkeeper's Liability AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 16 1. 2. G. AIRCRAFT CHARTER AND AIR TAXI Statement of Concept An Aircraft Charter and Air Taxi Operator is a person, firm, or corporation engaged in the business of providing air transportation (persons or property) to the general public, either on a charter basis (Commercial Operation) or as an air taxi operator, as defined in the Federal Aviation Regulations. Granting of this aeronautical service shall not constitute an exclusive right. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 10,000 square feet of ground space on which shall be erected a building to provide at least 4,000 square feet of floor space for aircraft storage and at least 200 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least five (5) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, and a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway. (b) The Operator shall provide, either owned by or under written lease to the Operator, not less than one (1) single -engine four -place aircraft and one (1) multi -engine aircraft, both of which must meet the requirements of the air taxi commercial operator certificate held by the Operator, including instrument operations. (c) The Operator shall have the premises open and services available eight (8) hours daily, six (6) days a week. The Operator shall provide on -call service during hours other than the aforementioned. (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards set forth herein, but never less than at least one (1) Federal Aviation Administration certificated commercial pilot and otherwise appropriately rated to permit the flight activity offered by the Operator. The Operator shall make provisions for someone to be in attendance in the office at all times during business hours. Page 17 (e) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE Aircraft Liability (Hull & Protection and Indemnity) or its equivalent on all owned or leased aircraft Passenger Liability on all owned or leased aircraft AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis $100,000 each Passenger Commercial (Public) Combined Single Limit Liability: To include, Coverage for Bodily Injury but not be limited to: & Property Damage: Premises/Operations, $500,000 on .a per and Contractual Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 18 Passenger Liability on $100,000 each Passenger all owned or leased aircraft Commercial (Public) Combined single Limit Liability: To include, Coverage for Bodily Injury but not be limited to: & Property Damage: Premises/Operations, $500,000 on a per and Contractual Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 21 1. �m I. MULTIPLE SERVICES Statement of Concept A Multiple Services Operator is a person, firm, or corporation engaged in any two or more of the aeronautical services for which minimum standards have been hereinbefore provided. Granting of this aeronautical service shall not constitute an exclusive right. Minimum Standards (a) The Operator shall lease from the City of Lubbock at least 50,000 square feet of ground space (10,000 square feet for combinations that only include aircraft rental, radio/instrument/propeller repair, and charter/air taxi) for aircraft storage, parking, and other uses in accordance with the services to be offered, and on which shall be erected a building whose requirements are the same as the category herein having the greatest building requirements including, at least 200 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. If flight training is one of the multiple services offered, the Operator shall provide classroom and briefing room facilities in the aforementioned building. The Operator shall provide within the leased area: paved parking space to accommodate at least twenty (20) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, and a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway. If crop dusting, aerial application, or other commercial use of chemicals are part of the multiple services offered, the Operator shall provide a centrally drained, paved area of not less than 2,500 square feet for aircraft loading, washing, and servicing. The Operator shall also provide for the safe storage and containment of noxious chemical materials. Such facilities will be in a location which will provide the greatest safeguard to the public. (b) The Operator shall comply with the aircraft requirements, including the equipment thereon, for each aeronautical service to be performed, except as hereinafter provided. Multiple uses can be made of used for crop dusting, aerial commercial use of chemicals. all aircraft except aircraft application, or other Page 22 The Operator, unless performing combinations of multiple services for which aircraft are not required, shall have available and based at the Lubbock International Airport, either owned by or under written lease to the Operator, not less than two (2) certified and currently airworthy aircraft. These aircraft shall be equipped and capable of flight to meet the minimum standards as hereinbefore provided for each aeronautical service to be performed. The Operator shall provide the equipment and services required to meet the minimum standards as hereinbefore provided for each aeronautical service the Operator performs. (c) The Operator shall adhere to the hours of operation required for each aeronautical service being performed. (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards for each aeronautical service the Operator performs as hereinbefore provided, Multiple responsibilities may be assigned to meet personnel requirements for each aeronautical service being performed by the Operator, except such multiple responsibilities may not be assigned to the Federal Aviation Administration certificated repair station. (e) The Operator shall obtain, as a minimum, that insurance coverage which is equal to the highest individual insurance requirement of all the aeronautical services being performed by Operator, or the amount required by the City of Lubbock for other Fixed Base Operators of like size and offering like services. Page 23 II. NON-FBO'S & SPECIAL EXCEPTIONS Persons, firms, or corporations performing certain aeronautical activities or services are not considered to be Fixed Base Operators. These non-FBO activities and other special exceptions are described in the following sections. Page 24 1. A. NONPUBLIC AIRCRAFT FUELING AND OIL DISPENSING Statement of Concept Any person, firm, or corporation operating aircraft on the Airport may dispense aircraft fuel and oil into aircraft they own, lease for use, or manage, subject to the provisions of this section. 2. Minimum Standards (a) Self -fueling operations must be conducted in compliance with all applicable Federal, State, and local rules and regulations. (b) Self -fueling operations may be conducted only by the Aircraft Operator or his employees. (c) Self -fueling operations may be conducted only on premises the Aircraft Operator has leased or subleased from the City of Lubbock at the Airport or on areas specifically designated for fueling. (d) No fuel may be dispensed into any aircraft other than those owned or controlled by the Aircraft Operator. (e) The current applicable fuel flowage fee shall be paid on all fuel dispensed under this category. (f) The Aircraft Operator performing the services under this category will be required to carry the following types and amounts of insurance. TYPE Commercial (Public) Liability: To include, but not be limited to: Premises/Operations, Products/Completed Operations, Contractual, and Hangarkeeper's Liability AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall of Lubbock as an additional insured in favor of the City of Lubbock. further include the City and a waiver of subrogation Page 25 1. 2. B. FLYING CLUBS Statement of Concept A flying club is defined as a non-profit organization, the members of which have an investment interest in the aircraft and other capital equipment owned or controlled by the club. In an effort to foster and promote flying for pleasure, develop skills in aeronautics, including pilotage, navigation, and an awareness and appreciation of aviation requirements and techniques, flying clubs are permitted to operate at the Airport. No flying club may be established or operate in such a manner as to act as a subterfuge to avoid the minimum standards for Fixed Base Operators. Requirements All flying clubs basing their aircraft and/or operations on the Airport must comply with the following standards and regulations, but are exempt from the minimum standards for Fixed Base Operators. (a) The flying club shall be a non-profit corporation or partnership organized for the express purpose of providing its members with aircraft for their personal use and enjoyment only. The flying club may not derive greater revenue from the use of its aircraft than the amount necessary for the operations, maintenance, and replacement of its aircraft. The flying club shall provide the City with a copy of the club's charter (if applicable), bylaws, and rules and regulations. (b) The flying club shall not offer or conduct charter, air taxi, or rentals of aircraft operations. (c) The flying club shall not conduct aircraft flight instruction except that FAA certified instructors who are members of the flying club may give flight instruction only to other club members and only in the flying club's aircraft. (d) Flying club members who are also FAA certified mechanics shall not be prohibited from doing maintenance work on the flying club's aircraft. (e) Neither the flying club nor flying club members may lease, sell, or trade any goods or services at the Airport except that the club may sell or trade its capital equipment. (f) The flying club and flying club members shall obey all Federal, State, and local laws, ordinances, rules and regulations. Page 26 3. 4. (g) The flying club shall furnish the Director of Aviation of the Airport a current copy of the club's list of members, including names of officers and directors. Violations In the event that the club fails to conditions, the Director of Aviation writing of such violations. If the violations in 15 days, the Director deems advisable. Insurance comply with these will notify the club in club fails to correct the of Aviation may take any he Any flying club leasing space from the City shall be required to carry the following types and amounts of insurance: TYPE AMOUNT Aircraft Liability (Hull & Combined Single Limit Protection and Indemnity) Coverage for Bodily Injury or its equivalent on all & Property Damage: aircraft $500,000 on a per Occurrence or Claims Made Basis Evidence of insurance in the form of a certificate of insurance with a hold harmless clause in favor of the City (15 days prior notice of cancellation) shall be filed with the Director of Aviation. Page 27 C. FLYING ORGANIZATIONS 1. Statement of Concept A flying organization is defined as a non-profit organization, the members of which have a common interest in aviation. The flying organization does not own or control aircraft. To foster and promote flying and an awareness and appreciation of aviation requirements and techniques, flying organizations are permitted to operate at the Airport. 2. Conditions (a) The flying organizations shall abide by and comply with all Federal, State and local laws, ordinances, rules and regulations. (b) Members of the flying organizations shall generally have the same rights, privileges, and obligations of any other members of the flying public at the Airport. Page 28 III. GENERAL CONSIDERATIONS The following sections set forth general considerations applicable to aeronautical services and activities at the Airport. Page 29 A. BASIC REQUIREMENTS 1. Buildings (a) The minimum space requirements as hereinbefore provided may be satisfied within any of the existing structures at the Airport except T-hangars. (b) With written permission of the Director of Aviation of the City of Lubbock, the requirement for building space for any FBO activity may be satisfied by a sublease of such space at the Lubbock International Airport. (c) Approval of the Director of Aviation in writing of any additional structures intended to satisfy such requirements shall be a prerequisite to consideration of a lease proposal by the City. 2. Certificates and Ratings All personnel hereinbefore required to hold Federal Aviation Administration certificates and ratings shall maintain such certificates and ratings at all times. Page 30 B. LEASE PROPOSAL REQUIREMENTS The City of Lubbock will not accept an original request to lease land area at the Lubbock International Airport unless the request is a written proposal which sets forth the scope or operation to be performed and includes the following: (a) The services to be offered. (b) The amount of land to be leased. (c) The building space to be constructed or leased. (d) The number of aircraft to be provided. (e) The number of persons to be employed. (f) The hours of proposed operations. (g) The number and types of insurance coverage to be maintained. (h) Evidence of financial capability to perform and provide the proposed services and facilities. Page 31 1. 2. C. SUBLEASES Statement of Concept All subleases shall be subject to prior written approval and continuing review by the Director of Aviation of the City of Lubbock. It is the intention of the City that the subleases not be misused as a method to avoid compliance with any minimum standards set forth herein. Subleases are intended as a method of allowing persons who use aircraft as an auxiliary to another non -aviation -related business. Standards In the event that the Director of Aviation determines that a Subleasee is operating an aviation -related business without complying with the minimum standards applicable thereto, the sublease may be terminated upon thirty (30) days written notice. Such notice shall be by certified mail to the Subleasee and Lessee. Further, the actions of a Subleasee in not complying with or trying to avoid such minimum standards shall be considered a breach of the Lesseefs lease with the City and grounds for termination of the lease. Page 32 D. STANDARD LEASE PROVISIONS All leases between the City of Lubbock and an Operator covering the performance by the Operator of any aeronautical service as hereinbefore described shall be in writing and shall; in general, contain the following standard provisions: 1. The right to conduct aeronautical activities for furnishing services to the public is granted the Lessee subject to Lessee agreeing: a. To furnish said services on a fair, equal and non- discriminatory basis to all users thereof, and b. To charge fair, reasonable and nondiscriminatory prices for each unit or service; provided that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 2. The Lessee, the Lessee's personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (a) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (b) that 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, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (c) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 3. The Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person shall on the grounds of race, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The Lessee assures that no person shall be excluded on these grounds from participating in or receiving the services of any program or activity covered by this subpart. The Lessee assures that it will require that its covered suborganizations provide assurances to the Lessee that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. Page 33 4. That in the event of breach of any of the preceding nondiscrimination covenants, Lessor shall have the right to terminate the license, lease, permit, etc., and to reenter and repossess said land and the facilities thereon, and henceforth hold the same as if said lease had never been made or issued. 5. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use; and if 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. 6. No right or privilege has been granted which 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 (including but not limited to maintenance, repair, and fueling) that it may choose to perform. 7. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right forbidden by Section 308(a) of the Federal Aviation Act of 1958, or for aeronautical activities such as but not limited to: a. Charter operations b. Pilot training C. Aircraft rental d. Aerial photography e. Crop dusting f. Sale of aviation petroleum products g. Air carrier operations h. Aircraft sales and service incidental thereto i. Any other activity which, because of its direct relationship to the operation of aircraft, can be regarded as an aeronautical activity 8. Lessor reserves the right to further develop or improve the Airport as Lessor sees fit in a reasonable and nondiscriminatory manner. However, the Lessor shall notify Lessee in writing, 60 days prior to planned development. Paqe 34 9. Lessor shall have the right, but not the obligation, to maintain the landing area of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of Lessee in this regard. 10. All hangars, buildings, properties and land on the Airport leased by Lessee, shall be maintained by Lessee in a clean, attractive, weed -free, well -painted, junk -free condition. If an Operator or Lessee has an area where it normally keeps damaged aircraft, aircraft parts, construction fixtures, and jigs, barrels, containers, or other unattractive items, Lessee shall enclose such area with a screen that will hide such area from public view. 11. Lessor reserves the right to take any action Lessor considers necessary to protect the aerial approaches of the Airport against obstructions, together with the right to prevent the erection of any building or other structure on or adjacent to the Airport which would limit the usefulness of the Airport or constitute a hazard to aircraft. 12. This agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States pertaining to the operation or maintenance of the Airport. 13. Incorporated into this agreement by reference as though set forth herein verbatim are the Minimum Standards for Aeronautical Activities, Land Use and Development Policies and Standards, Tenant Security Agreements and other operational safety, and security rules and regulations that are or shall be imposed upon or adopted by the airport. Such standards shall be lawful, reasonable and nondiscriminatory. Further, all parties hereto agree to comply with any and all laws and regulations, including those of the FAA, and will not permit the premises covered by this agreement to be used for any unlawful or improper purpose. 14. Each Lessee shall at all times have in effect liability insurance for all of Lessee's operations in the amounts set out in the Standard for the particular activity in question and referenced in the minimum standards. Such insurance policies shall further name the Lessor as an additional insured. Certificates of such insurance shall be furnished by Lessee to the Lessor and a Certificate shall be on file with the City at all times. 15. The standards and regulations enacted by the governmental agency responsible for the operation of the Airport, now or in the future, may provide for use charges to be paid by those using, occupying, or conducting operations at the Airport. Such charges may be based upon square footage, receipts, or Page 35 other reasonable basis, to be established by such standards and regulations. Lessee agrees to pay such charges as same are due and owing under any such standards or regulations now or hereafter in effect. Any such use charges shall be lawful, reasonable, and nondiscriminatory. 16. Lessor may, on account of the breach of any provision hereof, including the standards and regulations incorporated herein by reference, terminate this agreement and repossess the leased premises without being deemed guilty in any manner of trespass.. 17. Lessee agrees to save and hold harmless the Lessor and its agents, servants, and employees of and from any and all liabilities, expenses, causes of action, damages and attorneys' fees which may result from any of Lessee's businesses, operations, occupancy, or use of the airfield or leased premises or which may result from any act or omission of Lessee's agents, servants or employees. This indemnity agreement shall apply and protect such Lessor and its agents, servants, and employees, even though it be contended, or even established that said Lessor or its agents, servants, or employees were negligent, or that their conduct or omission in any way caused or contributed to any such liability, expense, damage, cause of action, or attorneys' fees. 18. The purpose of the lease and the operations to be conducted by Lessee or a sublessee, and a description of the premises to be occupied, are set forth in this lease. No other operations, business, or occupancy may be had or done without the additional written consent of the Director of Aviation of the Lessor. 19. This agreement may not be assigned, in whole or in part, nor may the premises described herein be subleased, in whole or in part, without the prior written consent of the Director of Aviation of the Lessor. Such consent shall not be unreasonably withheld. 20. In the event Lessee becomes insolvent, or the subject of any bankruptcy proceeding, or if a receiver, assignee, or other liquidating officer is appointed for the business of Lessee, then Lessor may cancel this lease at Lessor's option upon giving written notice to Lessee. Paae 36 APPENDIX A LUBBOCK INTERNATIONAL AIRPORT SITE PLAN CHECKLIST The site plan will be drawn professionally using a standard engineering scale, be clearly defined and dimensioned, and will indicate: (1) Legal description of property. (2) The location of boundary lines, building lines, and the width and location of all parkways, streets, and easements within and adjacent to property, and location of nearest runways, taxiways, and aprons. (3) The location, size, and character of buildings and the total square footage of each. (4) Off-street parking, curb cuts, loading facilities, and service areas and any illumination for same. (5) Landscaping, including screening walls and fences, retaining walls, green planting strips, trees, and other improvements or alterations to the land. (6) Setting of all existing structures on the subject and adjoining property. (7) The design of adequate ingress and egress to minimize interference with traffic flow on abutting streets. (8) The height of all structures. (9) The location, type, size, and height of all signs, other than wall signs. (10) The location of facilities for refuse disposal. (11) The location of fire hydrants in the immediate area. (12) Types of surfacing. (13) The location, type, and size of all proposed water and sewer mains (if applicable). (14) The location, type, and size of all proposed drainage facilities (if applicable). (15) Proposed uses. (16) Existing and proposed elevation. Page 37 APPENDIX B Requirements for Ground Lease, Buildings, Parking and Hours of Operation FBO Activity Ground Lease S .Ft Building Requirement (Sq.Ft) Office Aircraft Other Etc. Storage Area Total Parking Rqm. (Spaces) Hours of Operation Aircraft Sales 50,000 200 10,000 --- 10,200 5 8 hr/day; 5 day/wk Airframe/Power Plant Repair 50,000 200 --- 10,000 10,200 10 8 hr/day; 5 day/wk Aircraft Rental 25,000 200 1,400 --- 1,600 5 8 hr/day; 6 day/wk Flight Training 50,000 400 1,400 --- 1,800 10 8 hr/day; 6 day/wk Fuels li Oil Dispensing 50,000 400 --- 1,400 11800 5 24 hr/day; 7 day/wk Radio/Instrument/Propeller 10,000 200 --- 1,400 1,600 5 8 hr/day; 5 day/wk Repair Aircraft Charter/Air Taxi 10,000 200 4,000 --- 4,200 5 8 hr/day; 6 day/w� Specialized Commercial 50,000 200 1,400 --- 1,600 5 None specified Flying Services Multiple Services 50,000 200 ---*2 ---*2 ---*2 20 Same a9,hours of 10,0001 individual activity 1. For combinations of aircraft rental, radio/instrument/propeller repair, and charter/air taxi only. 2. Minimum building to be the building requirement for the activity having greatest building requirement. APPENDIX C Lubbock =r�terr�ational Airport Letter of BgrT.t = Tenant Security Requirc�*.PT+ts This letter is to confirm agreement and understanding of airport security responsibilities for Company Name Address -Location a premises and/or operation with access to the airport operations area(AOA) and authorized to control access and/or enter the AOA.. It is understood that access to the AOA.is to be strictly controlled at all times to prevent unauthorized entry of persons, vehicles, or animals into the AOA. The AOA is defined by the boundary of the airfield security fence and those buildings interconnected with the security fence.. Only those persons having an airport issued I.D. Badge, or persons under the personal escort of a person with an I.D. Badge, will be allowed access to the AOA or other secure areas. Only those ground vehicles with an airport AOA access permit will be allowed access to the AOA and must be operated by persons having completed the Airport AOA Driver Training Program while operating on any portion of the AOA. Doors and other openings inside the premises that allow access from the non -secure side of the building to the AOA secure side, shall be controlled by key locks or other approved method to prevent unauthorized persons from entering the AOA-secure area through the building. Gates in the security fence shall be controlled in the same manner. Areas of the tenant's building with open access to the AOA such as hangar bays are considered secure and a part of the AOA requiring persons in those areas to have an airport I.D. or be under the escort of a person with an airport I.D. Access to such areas from the unsecure side must be controlled with key lock doors, gates, or other means to ensure only persons with authorization, proper I.D. badge, and access key can enter the secure area. PAGE 39 Requirement to challenge and report unauthorized entry or attempted entry to secure areas: It shall be the responsibility of the tenant to (challenge) ask any person or vehicle not displaying the proper airport I.D. badge or vehicle permit to produce same and, if not produced, to leave the secure area. Such unauthorized person(s) or vehicle(s). is to be immediately reported to airport Security 767-2044. If possible tenant is to keep violators under observation until law officers arrive whether the entry is actual or attempted. Key -lock control: Tenant is required to keep a log of persons issued keys to the premises that control doors and openings to the AOA and secure areas of the building and to record lost and unaccounted keys. Tenant shall be required at tenant's expense to immediately re -key those locks controlling access to the AOA or secure areas of the building whenever a key is lost or unaccounted or whenever any key holder is terminated for cause or whose access is no longer approved, and shall so notify the Airport Security Department in writing within 24 hours of such occurrence. It is the responsibility of the tenant to ensure compliance with the Airport Security Program for its premises and operations, and to prescribe and implement methods, policies, and procedures for its personnel, visitors, customers, and invitees to follow to comply with access and identification controls and airport security and safety rules and operations policies. The tenant shall provide a written plan of the methods and procedures used to comply with Airport Security Requirements outlined herein and other requirements that may be imposed on the airport by the FAA from time to time. The written plan shall be attached to this agreement and made a part thereof. It is understood that the tenant shall be responsible for the payment of any civil penalty or fine arising from or resulting from its premises, operation, or failure to control access, follow identification or permit requirements, or other requirements stated herein. Bern E. Case, A.A.E. Company's Officer Director of Aviation s Date: Date - PAGE 40 Resolution No. 3639 June 13, 1991 Item #22 HW:dw RESOLUTION WHEREAS, the Airport Board of the City of Lubbock on May 8, 1991, voted to recommend to the City Council of the City of Lubbock for approval certain Minimum Standards for Aeronautical Activities at Lubbock International Airport which are primarily intended to protect Airport patrons from irresponsible, unsafe and inadequate service; and WHEREAS, the City Council has determined that it would be in the public interest to approve and adopt such Minimum Standards for all commercial aeronautical activities at the Airport; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Minimum Standards for Aeronautical Activities recommended by the Airport Board on May 8, 1991, to be submitted to the City Council for approval are hereby approved and adopted by the Council as the Minimum Standards for Aeronautical Activities at Lubbock International Airport. SECTION 2. THAT the Director of Aviation for the City of Lubbock is henceforth charged with the responsibility of maintaining and uniformly applying the Minimum Standards approved and adopted by this Resolution to all commercial aeronautical activities at Lubbock International Airport. Passed by the City Council this Lath day of June , 1991 C•Ar`00� 6. C. McMINN, MAYOR AT EST: Ranette Boy , City Secretar APPROVED AS TO CONTENT: J' Bertram, Assistant City Manager ARRO ED AS TO FORM: 'Al '�'/l "'7"' ' 417 Harold Willard, Assistdn t City Attorney Resolution No. 3639 June 13, 1991 Item #22 MINIMUM STANDARDS FOR AERONAUTICAL ACTIVITIES CITY OF LUBBOCK LUBBOCK INTERNATIONAL AIRPORT APPROVED BY AIRPORT BOARD MAY 8 , 1991 APPROVED BY CITY COUNCIL June 13 11991 INDEX Introduction.......................................... 2 MINIMUM STANDARDS I. Fixed Base Operator............................... 3 A. Aircraft Sales ............................... 4 B. Airframe and Power Plant Repair Facilities... 6 C. Aircraft Rental .............................. 8 D. Flight Training .............................. 10 E. Aircraft Fuels and Oil Dispensing Service.... 12 F. Radio, Instrument, or Propeller Repair Station.. ............................. 15 G. Aircraft Charter and Air Taxi................ 17 H. Specialized Commercial Flying Services....... 19 I. Multiple Services ............................ 22 II. Non-FBO's & Special Exceptions....... ............. 24 A. Nonpublic Aircraft Fuel and Oil Dispensing... 25 B. Flying Clubs ................................. 26 C. Flying Organizations ......................... 28 III. General Considerations ............................ 29 A. Basic Requirements ........................... 30 B. Lease Proposal Requirements ................... 31 C. Subleases .................................... 32 D. Standard Lease Provisions............ ...... 33 APPENDICES Appendix A: Lubbock International Airport Site Plan Checklist ................................. 37 Appendix B: Requirements for Ground Lease, Buildings, Parking and Hours of Operation............... 38 Appendix C: Security Letter of Agreement .......... 39 INTRODUCTION The following minimum standards are requirements for commercial aeronautical activities which have been established in the public interest. The minimum standards are intended to protect airport patrons from irresponsible, unsafe, and inadequate service. Determination of the quality and level of services which are offered to the public in connection with a particular aeronautical activity is'a legitimate prerogative of the City of Lubbock and the City may change its minimum standards from time to time for the purpose of improving the quality of service to the public. Such standards will be applied objectively and uniformly. Grandfather Clause: Aeronautical activities with current leases at Lubbock International Airport are deemed to meet the facilities requirements set forth herein based on long standing acceptable service in current facilities at current locations. The same facility requirements will be deemed adequate for lease renewal purposes. If the business is assigned, transferred, or legally taken over in tact, the new principals may continue to meet the minimum standards via this Grandfather Clause. If the business substantially changes due to change of principal or major change in facility, the standards set forth must then be met in their entirety. Page 2 I. FIXED BASE OPERATOR 1. A Fixed Base Operator is defined as any person, firm or corporation performing aeronautical activities or services at the Lubbock International Airport as hereinafter set forth. No person, firm, or corporation shall engage in any commercial activity as a fixed base operator, as herein defined,'unless the same is done in full compliance with the standards, rules, and regulations herein set forth. 2. Any person, firm or corporation capable of meeting the minimum standards set forth herein for the stated Fixed Base Operator categories is eligible to become a Fixed Base Operator at the Airport, subject to the execution of a written lease containing such terms and conditions as may be negotiated with the City of Lubbock. A Fixed Base Operator shall not engage in any business or activity on the airport other than that authorized in a lease with the City. Any existing Fixed Base Operator who desires to modify aeronautical activities or services beyond the scope of his lease must first negotiate and secure a lease amendment. Each Fixed Base Operator shall provide buildings, personnel, equipment and other requirements as herein stated upon land leased from the City of Lubbock. 3. A Fixed Base Operator shall satisfy the City that the FBO is technically and financially able to perform the services of a Fixed Base Operator. This shall include the responsibility for demonstrating continued financial solvency. 4. All construction required of Fixed Base Operators shall be in accordance with design and construction standards of the City of Lubbock for the facility or activity involved. 5. The rates or charges for any and all activities and services of Fixed Base Operators shall be determined by the operators. 6. All Fixed Base Operators shall pay all taxes and assessments against any buildings or other structures placed on Airport premises as well as all taxes and assessments against the personal property used by the FBO's in their operations. 7. All Fixed Base Operators shall abide by and comply with all local, State, and Federal regulations, laws, and ordinances. Page 3 A. AIRCRAFT SALES 1. Statement of Concept An Aircraft Sales Operator is a person, firm, or corporation engaged in the sale of new or used aircraft through a franchise or licensed dealership or distributorship (either on a retail or wholesale basis) of an aircraft manufacturer or otherwise; and provides such repairs, services, and parts as necessary to meet any guarantee or warranty on new or used aircraft sold. Granting of this aeronautical service shall not constitute an exclusive right. Individuals who buy, sell, or trade used aircraft for personal use less than three times per calendar year shall be exempt from these standards. 2. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 50,000 square feet of ground space to provide for outside display and storage of aircraft and on which shall be erected a building to provide at least 10,000 square feet of floor space for aircraft storage and at least 1,000 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least five (5) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office and a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway. (b) The Operator shall provide necessary and satisfactory arrangements for repair and servicing of aircraft, but only for the duration of any sales guarantee or warranty period. Servicing facilities may be provided through written agreement with a repair shop operator at the Lubbock International Airport. The Operator shall provide an adequate inventory of spare parts for the type of new aircraft for which sales privileges are granted. The Operator who is engaged in the business of selling new aircraft shall have available or on call at least one demonstrator aircraft. (c) The Operator shall have the premises open and services available eight (8) hours daily, five (5) days a week. Page 4 (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner, the minimum standards set forth herein, but never less than one (1) person having a current, effective commercial pilot certificate with single engine rating and instructor rating. The Operator shall make provisions for someone to be in attendance in the office at all times during business hours. (e) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE Aircraft Liability (Hull & Protection and Indemnity) or its equivalent Passenger Liability on all owned or leased aircraft Commercial (Public) Liability: To include, but not be limited to: Premises/Operations, Products/Completed Operations, and Contractual AMOUNT Combined Single Limit Coverage For Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis $100,000 each Passenger Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 5 1. 2. B. AIRFRAME AND POWER PLANT REPAIR FACILITIES Statement of Concept An Aircraft Engine and Airframe Maintenance and Repair Operator is a person, firm, or corporation providing one or a combination of airframe and power plant repair services, but with at least one (1) person currently certificated by the Federal Aviation Administration with ratings appropriate to the work being performed. This category of aeronautical services shall also include the sale of aircraft parts and accessories, but is not an exclusive right. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 50,000 square feet of ground space on which shall be erected a building to provide at least 10,000 square feet of floor space for airframe and power plant repair services, including a segregated painting area, all of which adhere to local and State industrial code requirements, and at least 200 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. (b) The Operator shall provide sufficient equipment, supplies, and availability of parts sufficient for certification by the Federal Aviation Administration as an approved repair station. (c) The Operator shall have the premises open and services available eight (8) hours daily, five (5) days a week. (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards set forth herein, but never less than one (1) person currently certificated by the Federal Aviation Administration with ratings appropriate to the work being performed and who holds an airframe, power plant or an aircraft inspector rating, and one (1) other person, not necessarily rated. The Operator shall make provisions for someone to be in attendance in the office at all times during the business hours. Page 6 (e) The Operator shall promptly remove from the public landing area, as soon as directed by lawful authorities, any disabled aircraft; and shall have available suitable tractors, tow bars, jacks, dollies and other equipment that might be needed to remove the largest type of aircraft that could become disabled. (f) The Operator shall remove any nonairworthy aircraft from Airport premises within a reasonable time. (g) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE Commercial (Public) Liability: To include, but not be limited to: Premises/Operations, Products/Completed Operations, Contractual, and Hangarkeeper's Liability AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 7 C. AIRCRAFT RENTAL 1. Statement of Concept An Aircraft Rental Operator is a person, firm, or corporation engaged in the rental of aircraft to the public. Granting of this aeronautical service shall not constitute an exclusive right. 2. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 25,000 square feet of ground space on which shall be erected a building to provide at least 1,400 square feet of floor space for aircraft storage and at least 200 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least five (5). automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, and a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway. (b) The Operator shall have available for rental, either owned by or under written lease to Operator, not less than two (2) certificated and airworthy aircraft, at least one (1) of which must be a four -place aircraft, and at least one (1) of which must be equipped for and capable of flight under instrument conditions. (c) The Operator shall have the premises open and services available eight (8) hours daily, six (6) days a week. (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner set forth herein, the minimum standards but never less than one (1) person having a current commercial pilot certificate with appropriate ratings, including instructor rating. The Operator shall make provisions for someone to be in attendance in the office at all times during business hours. Page 8 (e) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE Aircraft Liability (Hull & Protection and Indemnity) or its equivalent on all owned or leased aircraft StudentfRenter Liability Covering All Users of Aircraft AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis $100,000 Coverage per Occurrence Commercial (Public)_ Combined Single Limit Liability: To include, Coverage for Bodily Injury but not be limited to & Property Damage: Premises/Operations, $500,000 on a per and Contractual Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 9 D. FLIGHT TRAINING 1. Statement of Concept A Flight Training Operator is a person, firm, or corporation engaged in instructing pilots in dual and solo flight training, in fixed or rotary wing aircraft, and in providing such related ground school instruction as necessary to prepare for a written examination and flight check ride for the category or categories of pilots' licenses and ratings involved. Granting of this aeronautical service shall not constitute an exclusive right. An individual holding a current flight instructor certificate shall be exempt from these standards and may provide flight training to individuals provided there is no charge to the individuals. 2. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 50,000 square feet of ground space on which shall be erected a building to provide at least 1,400 square feet of floor space for aircraft storage and at least 400 square feet for floor space for an office, classroom, briefing room, pilot lounge and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least ten (10) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway, and a paved tie -down area for storage of aircraft. (b) The Operator shall have available for use in flight training, either owned by or under written lease to Operator, not less than two (2) properly certificated aircraft, at least one (1) of which must be a four -place aircraft, and at least one (1) of which must be equipped for and capable of use in instrument flight instruction. (c) The Operator shall have the premises open and services available eight (8) hours daily, six (6) days a week. (d) The Operator shall have on a full-time basis at least one (1) flight instructor who has been properly certificated by the Federal Aviation Administration to provide the type of training offered. Page 10 The Operator shall have available for call on a part-time basis at least one (1) flight instructor who has been properly certificated by the Federal Aviation Administration to provide the type of training offered. The Operator shall make provisions for someone to be in attendance in the office at all times during business hours. (e) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE Aircraft Liability (Hull & Protection and Indemnity or its equivalent on all owned or leased aircraft Student/Rental Liability Covering all Users of Aircraft Commercial (Public) Liability: To include, but not be limited to: Premises/Operations and Contractual AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis $100,000 Coverage per Occurrence Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 11 1. 2. E. AIRCRAFT FUELS AND OIL DISPENSING SERVICE Statement of Concept An Aircraft Fuels and Oil Dispensing Operator is a person, firm, or corporation engaged in the sale and into -plane delivery of recognized brands of aviation fuels, lubricants, and other related aviation petroleum products. Granting of this aeronautical service shall not constitute an exclusive right. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 50,000 square feet of ground space on which shall be erected a building of at least 1800 square feet of total area, including at least 400 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least five (5) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, and a paved aircraft apron of at least 10,000 square feet to accommodate aircraft movement from the Operator's building to a taxiway. (b) The Operator shall provide, at a minimum, the following services: (1) Sale of aviation gasoline, fuel, oils, and lubricants of all kinds customarily sold to general aviation aircraft users; (2) Ramp service for general aviation aircraft users; (3) Cabin services to general aviation aircraft as can be performed efficiently on the ramp or apron parking area, but only within the premises leased to the Operator. (4) Tie down and hangar storage for general aviation aircraft; (5) Maintenance, repair, and servicing of general aviation aircraft, aircraft engines, and parts with a qualified mechanic on duty or on call twenty-four (24) hours per day, seven (7) day per week; Page 12 (6) Maintenance of an adequate inventory of the necessary aircraft parts and accessories to maintain, repair, and service general aviation aircraft. (c) The Operator shall provide at least two (2) 10,000 gallon fuel storage tanks at the Lubbock International Airport and maintain at all times an adequate supply of at least two (2) grades of fuel as closely related as possible to the popular demand of the general aviation users of the Airport. The Operator shall provide at least two (2) metered, filter -equipped dispensers, fixed or mobile, for dispensing the minimum requirements of two (2) grades of fuel. All refueling is to be done on leased areas unless otherwise requested by the pilots to be fueled. Such other non -leased areas must be designated by the Director of Aviation as available for fueling. The Operator shall procure and maintain tools, jacks, towing equipment, tire repairing equipment, energizers and starters, heaters, oxygen supplies, fire extinguishers, and passenger loading steps as appropriate and necessary for the servicing of general aviation aircraft using the Airport. All equipment shall be maintained and operated in accordance with local, State, and Federal ordinances, laws, and regulations. (d) The Operator shall have the premises open for aircraft fueling and oil dispensing services and ramp service twenty-four (24) hours a day, seven (7) days a week. (e) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards set forth herein. (f) The Operator shall make provisions for someone to be in attendance in the office at all times during business hours. (g) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: Page 13 TYPE Commercial (Public Liability: To include, but not be limited to: Premises/Operations, Products/Completed Operations, Contractual and Hangarkeeper's Liability AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 14 F. RADIO, INSTRUMENT, OR PROPELLER REPAIR STATION 1. Statement of Concept A Radio, Instrument, or Propeller Repair Station Operator is a person, firm, or corporation engaged the business of, and providing a shop for the repair of, aircraft radios, propellers, instruments, and accessories for general aviation aircraft. This category shall include the sale of new and used aircraft radios, propellers, instruments, and accessories. The Operator shall hold the appropriate repair shop certificates issued by FAA. Granting of this aeronautical service shall not constitute an exclusive right. 2. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 10,000 square feet of ground space on which shall be erected a building to provide at least 1,400 square feet of floor space for storage of at least one (1) aircraft, for a shop and to house all equipment, and at least 200 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least five (5) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office; and a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway. (b) The Operator shall have the premises open and services available eight (8) hours daily, five (5) days a week. (c) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards set forth herein, but never less than one (1) person who is a Federal Aviation Administration rated radio, instrument or propeller repairman and one (1) other repairman who need not be rated by the Federal Aviation Administration. (d) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: Page 15 TYPE Commercial (Public) Liability: To include, but not be limited to: Premises/Operations, Products/Completed Operations, Contractual, and Hangarkeeper's Liability AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 16 1. 2. G. AIRCRAFT CHARTER AND AIR TAXI Statement of Concept An Aircraft Charter and Air Taxi Operator is a person, firm, or corporation engaged in the business of providing air transportation (persons or property) to the general public, either on a charter basis (Commercial Operation) or as an air taxi operator, as defined in the Federal Aviation Regulations. Granting of this aeronautical service shall not constitute an exclusive right. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 10,000 square feet of ground space on which shall be erected a building to provide at least 4,OOO square feet of floor space for aircraft storage and at least 200 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least five (5) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, and a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway. (b) The Operator shall provide, either owned by or under written lease to the Operator, not less than one (1). single -engine four -place aircraft and one (1) multi -engine aircraft, both of which must meet the requirements of the air taxi commercial operator certificate held by the Operator, including instrument operations. (c) The Operator shall have the premises open and services available eight (8) hours daily, six (6) days a week. The Operator shall provide on -call service during hours other than the aforementioned. (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards set forth herein, but never less than at least one (1) Federal Aviation Administration certificated commercial pilot and otherwise appropriately rated to permit the flight activity offered by the Operator. The Operator shall make provisions for someone to be in attendance in the office at all times during business hours. Page 17 (e) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE Aircraft Liability (,Hull & Protection and Indemnity) or its equivalent on all owned or leased aircraft Passenger Liability on all owned or leased aircraft AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis $100,000 each Passenger Commercial (Public) Combined Single Limit Liability: To include, Coverage for Bodily Injury but not be limited to: & Property Damage: Premises/Operations, $500,000 on a per and Contractual Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 18 H. SPECIALIZED COMMERCIAL FLYING SERVICES 1. Statement of Concept A Specialized Commercial Flying Services Operator is a person, firm, or corporation engaged in air transportation for hire for the purpose of providing the use of aircraft for the activities listed below: (a) Non-stop sightseeing flights that begin and end at the Airport. (b) Crop dusting, seeding, and spraying. (c) Banner towing and aerial advertising. (d) Aerial photography or survey. (e) Fire fighting. (f) Power line or pipeline patrol. (g) Other operations specifically excluded from the Federal Aviation Regulations concerning air taxi and air carriers. 2. Minimum Standards (a) The Operator shall lease from the City of Lubbock not less than 50,000 square feet of ground space on which shall be erected a building to provide at least 1,400 square feet of floor space for aircraft storage and at least 200 square feet for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. The Operator shall provide within the leased area: paved parking space to accommodate at least five (5) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, and a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway. In the case of crop dusting, aerial application, or other commercial use of chemicals, the Operator shall provide a centrally drained, paved area of not less than 2,500 square feet for aircraft loading, washing, and servicing. The Operator shall also provide for the safe storage and containment of noxious chemical materials. Such facilities will be in a location which will provide the greatest safeguard to the public. Page 19 Any person may request a variance from the square footage requirements for ground space, floor space for aircraft storage, and/or office space by filing written notice of the request with the Director of Aviation. Upon review and approval by the Director of Aviation, the request for variance shall be submitted to the City Council for final approval. (b) The Operator shall provide and have based on the leasehold, either owned by or under written lease to the Operator, not less than one (1) airworthy aircraft which will meet is all the requirements of the Federal Aviation Administration and applicable regulations of the State of Texas with respect to the type of operations to be performed. In the case of crop dusting, aerial application, or other commercial use of chemicals, the Operator shall provide tank trucks for the handling of liquid spray and mixing liquids. The Operator shall also provide adequate ground equipment for the safe handling and safe loading of such chemicals. (c) The Operator must provide, by means of an office or a telephone, a point of contact for the public desiring to utilize Operator's services. (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards set forth herein, but never less than one (1) person holding a current Federal Aviation Administration commercial certificate, properly rated for the aircraft to be used for the type of operations to be performed and one (1) other person to assist in the loading and servicing of aircraft. (e) The Operator performing the services under this category will be required to carry the following types and amounts of insurance: TYPE AMOUNT Aircraft Liability (Hull & Protection and Indemnity) or its equivalent on all owned or leased aircraft Combined Single Limit Coverage for Bodily Injury & Property owned Damage: $500,000 on a per Occurrence or Claims Made Basis Page 20 Passenger Liability on $100,000 each Passenger all owned or leased aircraft Commercial (Public) Combined Single Limit Liability: To include, Coverage for Bodily Injury but not be limited to: & Property Damage: Premises/Operations, $500,000 on a per and Contractual Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 21 1. 2. I. MULTIPLE SERVICES Statement of Concept A Multiple Services Operator is a person, firm, or corporation engaged in any two or more of the aeronautical services for which minimum standards have been hereinbefore provided. Granting of this aeronautical service shall not constitute an exclusive right. Minimum Standards (a) The Operator shall lease from the City of Lubbock at least 50,000 square feet of ground space (10,000 square feet for combinations that only include aircraft rental, radio/instrument/propeller repair, and charter/air taxi) for aircraft storage, parking, and other uses in accordance with the services to be offered, and on which shall be erected a building whose requirements are the same as the category herein having the greatest building requirements including, at least 200 square feet of floor space for an office, customer lounge, and restrooms, all of which shall be properly heated and lighted; and shall provide telephone facilities for customer use. If flight training is one of the multiple services offered, the Operator shall provide classroom and briefing room facilities in the aforementioned building. The Operator shall provide within the leased area: paved parking space to accommodate at least twenty (20) automobiles, a paved walkway to accommodate pedestrian access to the Operator's office, and a paved aircraft apron to accommodate aircraft movement from the Operator's building to a taxiway. If crop dusting, aerial application, or other commercial use of chemicals are part of the multiple services offered, the Operator shall provide a centrally drained, paved area of not less than 2,500 square feet for aircraft loading, washing, and servicing. The Operator shall also provide for the safe storage and containment of noxious chemical materials. Such facilities will be in a location which will provide the greatest safeguard to the public. (b) The Operator shall comply with the aircraft requirements, including the equipment thereon, for each aeronautical service to be performed, except as hereinafter provided. Multiple uses can be made of all aircraft except aircraft used for crop dusting, aerial application, or other commercial use of chemicals. Page 22 The Operator, unless performing combinations of multiple services for which aircraft are not required, shall have available and based at the Lubbock International Airport, either owned by or under written lease to the Operator, not less than two (2) certified and currently airworthy aircraft. These aircraft shall be equipped and capable of flight to meet the minimum standards as hereinbefore provided for each aeronautical service to be performed. The Operator shall provide the equipment and services required to meet the minimum standards as hereinbefore provided for each aeronautical service the Operator performs. (c) The Operator shall adhere to the hours of operation required for each aeronautical service being performed. (d) The Operator shall employ and have on duty during business hours trained personnel in such numbers as are necessary to meet in an efficient manner the minimum standards for each aeronautical service the Operator performs as hereinbefore provided. Multiple responsibilities may be assigned to meet personnel requirements for each aeronautical service being performed by the Operator, except such multiple responsibilities may not be assigned to the Federal Aviation Administration certificated repair station. (e) The Operator shall obtain, as a minimum, that insurance coverage which is equal to the highest individual insurance requirement of all the aeronautical services being performed by Operator, or the amount required by the City of Lubbock for other Fixed Base Operators of like size and offering like services. Page 23 II. NON-FBO'S & SPECIAL EXCEPTIONS Persons, firms, or corporations performing certain aeronautical activities or services are not considered to be Fixed Base Operators. These non-FBO activities and other special exceptions are described in the following sections. Page 24 1. A. NONPUBLIC AIRCRAFT FUELING AND OIL DISPENSING Statement of Concept Any person, firm, or corporation operating aircraft on the Airport may dispense aircraft fuel and oil into aircraft they own, lease for use, or manage, subject to the provisions of this section. 2. Minimum Standards (a) Self -fueling operations must be conducted in compliance with all applicable Federal, State, and local rules and regulations. (b) Self -fueling operations may be conducted only by the Aircraft Operator or his employees. (c) Self -fueling operations may be conducted only on premises the Aircraft Operator has leased or subleased from the City of Lubbock at the Airport or on areas specifically designated for fueling.. (d) No fuel may be dispensed into any aircraft other than those owned or controlled by the Aircraft Operator. (e) The current applicable fuel flowage fee shall be paid on all fuel dispensed under this category. (f) The Aircraft Operator performing the services under this category will be required to carry the following types and amounts of insurance. TYPE Commercial (Public) Liability: To include, but not be limited to: Premises/Operations, Products/Completed Operations, Contractual, and Hangarkeeper's Liability AMOUNT Combined Single Limit Coverage for Bodily Injury & Property Damage: $500,000 on a per Occurrence or Claims Made Basis Commercial liability insurance shall further include the City of Lubbock as an additional insured and a waiver of subrogation in favor of the City of Lubbock. Page 25 1. 2. B. FLYING CLUBS Statement of Concept A flying club is defined as a non-profit organization, the members of which have an investment interest in the aircraft and other capital equipment owned or controlled by the club. In an effort to foster and promote flying for pleasure, develop skills in aeronautics, including pilotage, navigation, and an awareness and appreciation of aviation requirements and techniques, flying clubs are permitted to operate at the Airport. No flying club may be established or operate in such. a manner as to act as a subterfuge to avoid the minimum standards for Fixed Base Operators. Requirements All flying clubs basing their aircraft and/or operations on the Airport must comply with the following standards and regulations, but are exempt from the minimum standards for Fixed Base Operators. (a) The flying club shall be a non-profit corporation or partnership organized for the express purpose of providing its members with aircraft for their personal use and enjoyment only. The flying club may not derive greater revenue from the use of its aircraft than the amount necessary for the operations, maintenance, and replacement of its aircraft. The flying club shall provide the City with a copy of the club's charter (if applicable), bylaws, and rules and regulations. (b) The flying club shall not offer or conduct charter, air taxi, or rentals of aircraft operations. (c) The flying club shall not conduct aircraft flight instruction except that FAA certified instructors who are members of the flying club may give flight instruction only to other club members and only in the flying club's aircraft. (d) Flying club members who are also FAA certified mechanics shall not be prohibited from doing maintenance work on the flying club's aircraft. (e) Neither the flying club nor flying club members may lease, sell, or trade any goods or services at the Airport except that the club may sell or trade its capital equipment. (f) The flying club and flying club members shall obey all Federal, State, and local laws, ordinances, rules and regulations. Page 26 3. 4. (g) The flying club shall furnish the Director of Aviation of the Airport a current copy of the club's list of members, including names of officers and directors. Violations In the event that the club fails to conditions, the Director of Aviation writing of such violations. If the violations in 15 days, the Director deems advisable. Insurance comply with these will notify the club in club fails to correct the of Aviation may take any he Any flying club leasing space from the City shall be required to carry the following types and amounts of insurance: TYPE AMOUNT Aircraft Liability (Hull & Combined Single Limit Protection and Indemnity)_ Coverage for Bodily Injury or its equivalent on all & Property Damage: aircraft $500,000 on a per Occurrence or Claims Made Basis Evidence of insurance in the form of a certificate of insurance with a hold harmless clause in favor of the City (15 days prior notice of cancellation) shall be filed with the Director of Aviation. Page 27 C. FLYING ORGANIZATIONS 1. Statement of Concept A flying organization is defined as a non-profit organization, the members of which have a common interest in aviation. The flying organization does not own or control aircraft. To foster and promote flying and an awareness and appreciation of aviation requirements and techniques, flying organizations are permitted to operate at the Airport. 2. Conditions (a) The flying organizations shall abide by and comply with all Federal, State and local laws, ordinances, rules and regulations. (b) Members of the flying organizations shall generally have the same rights, privileges, and obligations of any other members of the flying public at the Airport. Page 28 III. GENERAL CONSIDERATIONS The following sections set forth general considerations applicable to aeronautical services and activities at the Airport. Page 29 A. BASIC REQUIREMENTS 1. Buildings (a) The minimum space requirements as hereinbefore provided may be satisfied within any of.the existing structures at the Airport except T-hangars. (b) With written permission of the Director of Aviation of the City of Lubbock, the requirement for building space for any FBO activity may be satisfied by a sublease of such space at the Lubbock International Airport. (c) Approval of the Director of Aviation in writing of any additional structures intended to satisfy such requirements shall be a prerequisite to consideration of a lease proposal by the City. 2. Certificates and Ratings All personnel hereinbefore required to hold Federal Aviation Administration certificates and ratings shall maintain such certificates and ratings at all times. Page 30 B. LEASE PROPOSAL REQUIREMENTS The City of Lubbock will not accept an original request to lease land area at the Lubbock International Airport unless the request is a written proposal which sets forth the scope or operation to be performed and includes the following: (a) The services to be offered. (b) The amount of land to be leased. (c) The building space to be constructed or leased. (d) The number of aircraft to be provided. (e) The number of persons to be employed. (f) The hours of proposed operations. (g) The number and types of insurance coverage to be maintained. (h) Evidence of financial capability to perform and provide the proposed services and facilities. Page 31 1. 2. C. SUBLEASES Statement of Concept All subleases shall be subject to prior written approval and continuing review by the Director of Aviation of the City of Lubbock. It is the intention of the City that the subleases not be misused as a method to avoid compliance with any minimum standards set forth herein. Subleases are intended as a method of allowing persons who use aircraft as an auxiliary to another non -aviation -related business. Standards In the event that the Director of Aviation determines that a Subleasee is operating an aviation -related business without complying with the minimum standards applicable thereto, the sublease may be terminated upon thirty (30) days written notice. Such notice shall be by certified mail to the Subleasee and Lessee. Further, the actions of a Subleasee in not complying with or trying to avoid such minimum standards shall be considered a breach of the Lessee's lease with the City and grounds for termination of the lease. Page 32 D. STANDARD LEASE PROVISIONS All leases between the City of Lubbock and an Operator covering the performance by the Operator of any aeronautical service as hereinbefore described shall be in writing and shall; in general, contain the following standard provisions: 1. The right to conduct aeronautical activities for furnishing services.to the public is granted the Lessee subject to Lessee agreeing: a. To furnish said services on a fair, equal and non- discriminatory basis to all users thereof, and b. To charge fair, reasonable and nondiscriminatory prices for each unit or service; provided that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 2. The Lessee, the Lessee's personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (a) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (b) that 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, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (c) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 3. The Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person shall on the grounds of race, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The Lessee assures that no person shall be excluded on these grounds from participating in or receiving the services of any program or activity covered by this subpart. The Lessee assures that it will require that its covered suborganizations provide assurances to the Lessee that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. Page 33 4. That in the event of breach of any of the preceding nondiscrimination covenants, Lessor shall have the right to terminate the license, lease, permit, etc., and to reenter and repossess said land and the facilities thereon, and henceforth hold the same as if said lease had never been made or issued. 5. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use; and if 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. 6. No right or privilege has been granted which 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 (including but not limited to maintenance, repair, and fueling) that it may choose to perform. 7. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right forbidden by Section 308(a) of the Federal Aviation Act of 1958, or for aeronautical activities such as but not limited to: a. Charter operations b. Pilot training C. Aircraft rental d. Aerial photography e. Crop dusting f. Sale of aviation petroleum products g. Air carrier operations h. Aircraft sales and service incidental thereto i. Any other activity which, because of its direct relationship to the operation of aircraft, can be regarded as an aeronautical activity 8. Lessor reserves the right to further develop or improve the Airport as Lessor sees fit in a reasonable and nondiscriminatory manner. However, the Lessor shall notify Lessee in writing, 60 days prior to planned development. Paae 34 9. Lessor shall have the right, but not the obligation, to maintain the landing area of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of Lessee in this regard. 10. All hangars, buildings, properties and land on the Airport leased by Lessee, shall be maintained by Lessee in a clean, attractive, weed -free, well -painted, junk -free condition. If an Operator or Lessee has an area where it normally keeps damaged aircraft, aircraft parts, construction fixtures, and jigs, barrels, containers, or other unattractive items, Lessee shall enclose such area with a screen that will hide such area from public view. 11. Lessor reserves the right to take any action Lessor considers necessary to protect the aerial approaches of the Airport against obstructions, together with the right to prevent the erection of any building or other structure on or adjacent to the Airport which would limit the usefulness of the Airport or constitute a hazard to aircraft. 12. This agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States pertaining to the operation or maintenance of the Airport. 13. Incorporated into this agreement by reference as though set forth herein verbatim are the Minimum Standards for Aeronautical Activities, Land Use and Development Policies and Standards, Tenant Security Agreements and other operational safety, and security rules and regulations that are or shall be imposed upon or adopted by the airport. Such standards shall be lawful, reasonable and nondiscriminatory. Further, all parties hereto agree to comply with any and all laws and regulations, including those of the FAA, and will not permit the premises covered by this agreement to be used for any unlawful or improper purpose. 14. Each Lessee shall at all times have in effect liability insurance for all of Lessee's operations in the amounts set out in the Standard for the particular activity in question and referenced in the minimum standards. Such insurance policies shall further name the Lessor as an additional insured. Certificates of such insurance shall be furnished by Lessee to the Lessor and a Certificate shall be on file with the City at all times. 15. The standards and regulations enacted by the governmental agency responsible for the operation of the Airport, now or in the future, may provide for use charges to be paid by those using, occupying, or conducting operations at the Airport. Such charges may be based upon square footage, receipts, or Page 35 other reasonable basis, to be established by such standards and regulations. Lessee agrees to pay such charges as same are due and owing under any such standards or regulations now or hereafter in effect. Any such use charges shall be lawful, reasonable, and nondiscriminatory. 16. Lessor may, on account of the breach of any provision hereof, including the standards and regulations incorporated herein by reference, terminate this agreement and repossess the leased premises without being deemed guilty in any manner of trespass.. 17. Lessee agrees to save and hold harmless the Lessor and its agents, servants, and employees of and from any and all liabilities, expenses, causes of action, damages and attorneys' fees which may result from any of Lessee's businesses, operations, occupancy, or use of the airfield or leased premises or which may result from any act or omission of Lessee's agents, servants or employees. This indemnity agreement shall apply and protect such Lessor and its agents, servants, and employees, even though it be contended, or even established that said Lessor or its agents, servants, or employees were negligent, or that their conduct or omission in any way caused or contributed to any such liability, expense, damage, cause of action, or attorneys' fees. 18. The purpose of the lease and the operations to be conducted by Lessee or a sublessee, and a description of the premises to be occupied, are set forth in this lease. No other operations, business, or occupancy may be had or done without the additional written consent of the Director of Aviation of the Lessor. 19. This agreement may not be assigned, in whole or in part, nor may the premises described herein be subleased, in whole or in part, without the prior written consent of the Director of Aviation of the Lessor. Such consent shall not be unreasonably withheld. 20. In the event Lessee becomes insolvent, or the subject of any bankruptcy proceeding, or if a receiver, assignee, or other liquidating officer is appointed for the business of Lessee, then Lessor may cancel this lease at Lessor's option upon giving written notice to Lessee. Paqe 36 APPENDIX A LUBBOCK INTERNATIONAL AIRPORT SITE PLAN CHECKLIST The site plan will be drawn professionally using a standard engineering scale, be clearly defined and dimensioned, and will indicate: (1) Legal description of property. (2) The location of boundary lines, building lines, and the width and location of all parkways, streets, and easements within and adjacent to property, and location of nearest runways, taxiways, and aprons. (3) The location, size, and character of buildings and the total square footage of each. (4) Off-street parking, curb cuts, loading facilities, and service areas and any illumination for same. (5) Landscaping, including screening walls and fences, retaining walls, green planting strips, trees, and other improvements or alterations to the land. (6) Setting of all existing structures on the subject and adjoining property. (7) The design of adequate ingress and egress to minimize interference with traffic flow on abutting streets. (8) The height of all structures. (9) The location, type, size, and height of all signs, other than wall signs. (10) The location of facilities for refuse disposal. (11) The location of fire hydrants in the immediate area. (12) Types of surfacing. (13) The location, type, and size of all proposed water and sewer mains (if applicable). (14) The location, type, and size of all proposed drainage facilities (if applicable). (15) Proposed uses. (16) Existing and proposed elevation. Page 37 APPENDIX B Requirements for Ground Lease, Buildings, Parking and Hours of Operation FBO Activity Ground Lease S .Ft Building Requirement (Sq.Ft) Office Aircraft Other Etc. Stora a Area Total Parking Rqm. (Spaces) Hours of Operation Aircraft Sales 50,000 200 10,000 --- 10,200 5 8 hr/day; 5 day/wk Airframe/Power Plant Repair 50,000 200 --- 10,000 10,200 10 8 hr/day; 5 day/wk Aircraft Rental 25,000 200 1,400 --- 1,600 5 8 hr/day; 6 day/wk Flight Training 50,000 400 1,400 --- 11800 10 8 hr/day; 6 day/wk Fuels b Oil Dispensing 50,000 400 --- 1,400 11800 5 24 hr/day; 7 day/wk Radio/Instrument/Propeller 10,000 200 --- 1,400 1,600 5 8 hr/day; 5 day/wk Repair Aircraft Charter/Air Taxi 10,000 200 4,000 --- 4,200 5 8 hr/day; 6 day/wk Specialized Commercial 50,000 200 1,400 --- 1,600 5 None specified Flying Services Multiple Services 50,000 200 ---*2 ---*2 ---*2 20 Same as,hours of 10,0001 individual activity 1. For combinations of aircraft rental, radio/instrument/propeller repair, and charter/air taxi only. 2. Minimum building to be the building requirement for the activity having greatest building requirement. APPENDIX C Ltibboc3� =ritcrnational Airport Letter of 8gree�oen-t = Tenant Security Requirements This letter is to confirm agreement and understanding of airport security responsibilities for Company Name Address -Location a premises and/or operation with access to the airport operations area(AOA) and authorized to control access and/or enter the AOA.. It is understood that access to the AOA.is to be strictly controlled at all times to prevent unauthorized entry of persons, vehicles, or animals into the AOA. The AOA is defined by the boundary of the airfield security fence and those buildings interconnected with the security fence.. Only those persons having an airport issued I.D. Badge, or persons under the personal escort of a person with an I.D. Badge, will be allowed access to the AOA or other secure areas. Only those ground vehicles with an airport AOA access permit will be allowed access to the AOA and must be operated by persons having completed the Airport AOA Driver Training Program while operating on any portion of the AOA. Doors and other openings inside the premises that allow access from the non -secure side of the building to the AOA secure side, shall be controlled by key locks or other approved method to prevent unauthorized persons from entering the AOA-secure area through the building. Gates in the security fence shall be controlled in the same manner. Areas of the tenant's building with open access to the AOA such as hangar bays are considered secure and a part of the AOA requiring persons in those areas to have an airport I.D. or be under the escort of a person with an airport I.D. Access to such areas from the unsecure side must be controlled with key lock doors, gates, or other means to ensure only persons with authorization, proper I.D. badge, and access key can enter the secure area. PAGE 39 Requirement to challenge and report unauthorized entry or attempted entry to secure areas: It shall be the responsibility of the tenant to (challenge) ask any person or vehicle not displaying the proper airport I.D. badge or vehicle permit to produce same and, if not produced, to leave.the secure area. Such unauthorized person(s) or vehicle(s) is to be immediately reported to airport Security 767-2044. If possible tenant is to keep violators under observation until law officers arrive whether the entry is actual or attempted. Key -lock control: Tenant is required to keep a log of persons issued keys to the premises that control doors and openings to the AOA and secure areas of the building and to record lost and unaccounted keys. Tenant shall be required at tenant's expense to immediately re -key those locks controlling access to the AOA or secure areas of the building whenever a key is lost or unaccounted or whenever any key holder is terminated for cause or whose access is no longer approved, and shall so notify the Airport Security Department in writing within 24 hours of such occurrence. It is the responsibility of the tenant to ensure compliance with the Airport Security Program for its premises and operations, and to prescribe and implement methods, policies, and procedures for its personnel, visitors, customers, and invitees to follow to comply with access and identification controls and airport security and safety rules and operations policies. The tenant shall provide a written plan of the methods and procedures used to comply with Airport Security Requirements outlined herein and other requirements that may be imposed on the airport by the FAA from time to time. The written plan shall be attached to this agreement and made a part thereof. It is understood that the tenant shall be responsible for the payment of any civil penalty or fine arising from or resulting from its premises, operation, or failure to control access, follow identification or permit requirements, or other requirements stated herein. Bern E. Case, A.A.E. Director of Aviation Date: Company's Officer Date: fOAMEN