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12-21-1988 Special Called Meeting AIRPORT AUTHORITY MINUTES OF SPECIAL CALLED MEETING December 21, 1988 A special called meeting of the Airport Authority was held in the Municipal Building at 7:00 PM on December 21, 1988. Those members present were Mr. David Good, Mr. Blaine Price, Ms. viki Brigham, and Mr. Ralph McDaniel. Mr. John Dennis arrived a few minutes late. Mr. Doug Warner, the attorney for the Authority, and the City Engineer, Mr. Barry Amos were also in attendance. EXECUTIVE SESSION Chairman Good recessed the Authority into Executive Session. No action was taken during Executive Session. CONSIDERATION OF AEROSPEC RESOLUTIONS Chairman Good stated that Aerospec had requested several modifications to the "Through The Fence Agreement" with the Authority for use of Falcon Field. These modifications were for clarification to the terms of the agreement and not to the intent of the document. Mr. Jim Holder, the president of Aerospec and Mr. Steve Fanning, the attorney for Aerospec were in attendance. A motion was made by Mr. McDaniel, seconded by Ms. Brigham and was unanimously adopted to approve the changes to the "Through the fence Agreement". A draft of a resolution was presented to acknowledge Aerospec as the current tenant and fixed base operator of Falcon Field. A motion was made by Ms. Brigham, seconded by Mr. Dennis and was unanimously adopted to approve the Chairman as the dedicated member to execute the resolution acknowledging Aerospec as the current tenant and fixed base operator of Falcon Field. This resolution to become part of the minutes as Exhibit "A". Another draft of a resolution was presented by a joint venture group known as Falcon Development Group Limited. They were requesting the Authority to adopt a revised portion of the master plan for development of properties adjoined to Falcon Field which would be developed by the Group. Mr. Warner approved by adopted would mentioned that the Original Master Plan was the FAA and any other Master Plan that may be require FAA approval. ,...., " r l' i .. ~ f".'. S~ecial Called Meeting A1rport Authority December 21, 1988 Page 2 CONSIDERATION OF AEROSPEC RESOLUTIONS continued A motion was made by Ms. Brigham, seconded by Mr. Price and was unanimously adopted to approve the Chairman as the dedicated member to execute the resolution with some changes for the master plan that was prepared by the Joint Venture Group. A co~y of the final draft of this resolution to become part of the m1nutes as Exhibit "B" The last draft that was presented was an inducement resolution which involved the issuance of tax free and taxable bonds by the Airport Authority. After discussion and some recommended changes, a motion was made by Mr. McDaniel, seconded br Ms. Brigham and was unanimously adopted to approve the Cha1rman as the dedicated member to execute the Inducement Resolution. The final draft of the Inducement Resolution to become part of the minutes as Exhibit "C". MISCELLANEOUS 1989 Planning: Chairman Good stated that the Authority of the different tasks that would need to the Authority in the coming year. The Authority members may have some expertise to be utilized in the areas of finance and budgets, airport rules and regulations, pUblic relations, development coordination, government rules and regulations, and project management. Chairman Good suggested that each member may take one or two areas and become the Authority expert in that subject. needed to be thinking be accomplished by Chairman Good but wanted the they wanted to stated that he did not want any commitment now, Authority to be seriously thinking in what area help in. There being 8:55 PM. no further business, the meeting was adj~rned QJ~ Ch~1rman at Attest: ~Jc?~dA ! Secretary's Certificate I hereby certify that the attached are true and correct copies of resolutions passed by the Peachtree City Airport Authority in its meeting on December 21, 1988. i !, This 21st day of ,...., l " , , f r' i f ~ " i,; I, C ,,' ~: " , ~ " I l: I ,I I I I f r; r: ,. , ( I I , , December, 1988. ~~~ /secretary Peachtree City Airport Authority ~ ['-'--'''-''~~' i j. , il EXHtCI'r "A" !' RESOLUTION i: , i: , I: I I I I' Ii ~ I I I I WHEREAS, Aerospec, Inc. (hereinafter referred to as "Aerospec") is the tenant and fixed base operator located on Falcon Field Airport, Peachtree City, Georgia; WHEREAS, Aerospec has been responsible for operating and maintaining the said airport prior to its acquisition by the Peachtree City Airport Authority (hereinafter referred to as the "Authority") on September 20, 1988; and WHEREAS, the Authority wishes to state for the record its gratitude and appreciation to Aerospec for the success- ful operation and maintenance of the Airport in the past, as well as the continued operation of an excellent fixed base operation on the Airport. , , , , I I' I I I NOW, THEREFORE, IT IS HEREBY RESOLVED that the Chairman of the Authority be authorized and directed to communicate to Aerospec the gratitude and appreciation of the Authority for the development, operation and maintenace of the Airport in the past, as well as for the continued maintenance of an excellent fixed base operation on the Airport; that the Chairman further communicate to Aerospec that the Authority endorses the continued fixed base operation of Aerospec and looks forward to a long and prosperous relationship with Aerospec in the future, as well as close communication and cooperation with Aerospec from this date forward; that the Chairman further communicate to Aerospec the appreciation of the Authority for the continued increase in business and flight operations Aerospec has encouraged and developed in the past, as well as the continuing increasing business Aerospec is presently developing; and that the Chairman com- municate to Aerospec the best wishes of the Authority for continued success and prosperity in the future. " i: i; ~ i ii i: Ii !; 'l ~ [,j Ii II ~ " t I I I r"""' _.~:" ". ",,- -_..-_---------,._--.~.,_.~-~--~--.,"'_.."-_._,--------^-~-- EXHIBIT "B" RESOLUTION ,..... ! l: WHEREAS, Falcon Development Group Limited, a joint ven- ture comprised of Royco Aviation Development Company, James F. Holder & Company, Inc. and Two Jack's Company, Inc., all corporations organized and existing under the laws of the state of Georgia (hereinafter referred to as "the Joint Venture"), has presented a master plan of acquisition, development, renovation, and construction of certain aviation, maintenance, and service facilities to be located on properties lying adjacent to Falcon Field Airport (said master plan and all activities related thereto being hereinafter referred to as "the Master Plan", and being at- tached hereto and incorporated herein by reference); and WHEREAS, under said Master Plan, the Joint Venture shall acquire the properties described in the Master Plan, transfer the same to the Peachtree City Airport Authority (hereinafter referred to as "the Authority"), and develop same according to the terms of the Master Plan. NOW, THEREFORE, IT IS HEREBY RESOLVED that the Master Plan of development of properties adjacent to Falcon Field Airport, which Master Plan is attached hereto and incor- porated herein by reference, is hereby adopted subject to the following conditions: (a) As individual structures within the Master Plan are prepared for co~struction, the plans and specifications for the same shall be subject to review and approval by the Authority to determine compliance with the Master Plan attached hereto. [1 i ~ " I: , , I. ,; ~ f ! (b) Any changes in or deviations from the attached Master Plan will require approval of the Authority. (c) Falcon Development Group Limited shall be respon- sible for the development of the project in accordance with the Master Plan; provided, however, that the Authority shall have the right to approve or disapprove each stage or substage of development of the project. (d) Nothing in this Resolution shall be construed to be a delegation to Falcon Development Group Limited of any right, responsibility or duty conferred or imposed upon the Authority by its Charter, the city Council of Peachtree city, or any existing agreements between the Authority and the Federal Aviation Administration. d I. " II I"j i" il , : ~ I \ ~ ;1 t'---,-,,: I <j j '; i I '( 1 ,....., f ,> t> , ~ i I ~. I J __ _ ____....'M"'_~__~____.__._"...__~__.~."__~._.._____._..'___.._,___..._,.._____~___..____.. EXHIBIT "e" INDUCEMENT RESOLUTION WHEREAS, Falcon Development Group Limited, a joint ven- ture comprised of Royco Aviation Development Company, James r. Holder & Company, Inc. and Two Jack's Company, Inc., all corporations organized and existing under the laws of the State of Georgia (hereinafter referred to as "the Joint Venture"), has presented a master plan of acquisition, development, renovation, and construction of certain aviation, maintenance, and service facilities to be located on properties lying adjacent to Falcon Field Airport (said master plan and all activities related thereto being hereinafter referred to as "the Project"); WHEREAS, the initial source of funding for the Project will be equity and funds of the Joint venture; WHEREAS, the Joint Venture has further proposed to implement a plan by which the Peachtree City Airport Authority (the "Authority") may issue bonds for the purpose of financing all or a portion of the Project; and WHEREAS, the Joint Venture and the members thereof have expended and will be expending funds in furtherance of the Project in the future. NOW, THEREFORE, IT IS HEREBY RESOLVED that, in the event that the Project proceeds according to the Master Plan presented to and approved by the Authority, and in the event that the Authority in the future shall issue bonds for the purpose of financing all or a part of the Project, then and in such event the Joint Venture, and the members thereof where appropriate, shall be entitled to allowable reimburse- ment for those sums advanced in furtherance of the Project, subject to the approval of the Authority for each such item to be reimbursed, from the proceeds of the bonds issued by the Authority in connection with the Project. This Resolu- tion shall not be construed as creating any liability on the part of the Authority, its members, the city of Peachtree City, or any other governmental authority for payment of the expenses referred to herein. Only in the event the Project is funded by bonds issued by the Authority, and only in the event of prior approval by the Authority, shall such ex- penses be reimbursed as provided herein. _____ .1> o ,~ - I STATE OF GEORGIA COUNTY OF FAYETTE CITY OF PEACHTREE CITY" AIRPORT ACCESS EASEMENT, LEASE ANDPERJlU THIS AGREEMENT is made and entered into this day of , 1989, by and between The Equitable Life Assurance Society of the United states, a corporation in good standing (hereinafter referred to as "LESSEE"), and Peachtree City Airport Authority (hereinafterreferrEld to as "LESSOR"). STATEMENT OF PURPOSE WHEREAS the LESSOR is the owner of the real property on which is located the Peachtree City-Falcon Field Airport (hereinafter referred to as the AIRPORT), and the LESSEE is or will become the owner of real property which adjoins the AIRPORT, as more fully describe~ in Exhibit "A". The LESSEE desires to acquire from the LESSOR an access easement for the purpose of moving aircraft from the LESSEE,' s said real property to the runways, taxiways, and apron of the AIRPORT. The LESSEE agrees to comply with the terms and conditions hereinafter set forth regarding the LESSEE's use of the LESSOR's property. . -,.. f/ ' AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. Easement. Subject to the terms and conditions hereinafter set forth, LESSOR hereby grants and conveys unto LESSEE, its successors and assigns, a non-exclusive easement for constructing, locating and maintaining an ac- /" I cessway for aircraft to and from LESSEE's property and the runway and taxiways of the AIRPORT to use such runway and taxiways for tak~offs, landings and ground maneuvering of their aircraft, said easement to be for a term of seven (7) years, renewable with the consent of the parties hereto, their successors and assigns, which consent shall not be un- reasonably or arbitrarily withheld. The proposed location of such access easement is shown on the site plan labeled ?'*<\ I , Exhibit "B" attached hereto and made a part hereof. LESSEE shall have the right, at its expense, to grade the real property located in the vicinity of the access easement and to construct paving within the access easement as necessary in order to provide a paved accessway from LESSEE's property that physically joins or connects to the existing paved taxiway on the AIlU?ORT sho.wn on the site plan attached r" i; hereto as Exhibit "A". Any such construction, if on airport property, shall be performed in a workmanlike manner, will be of a quality at least as good as the quality of the ex- isting paved areas of the AIRPORT with which the accessway is to join or connect, and at the sole expense of the LESSEE. LESSOR agrees that upon the request of LESSEE, LES- SOR and LESSEE shall enter into a separate easement agree- ment in a form suitable for recording in the Clerk of the Superior Court of Fayette County, Georgia, which instrument shall more particularly describe the location, terms and conditions of the access easement described herein. LESSEE r-" r understands that the real property located in the access easement area described herein is "as is - where is ", and LESSOR assumes no responsibility for making the easement property suitable for any intended purpose. 2. Conditions of Use. LESSEE agrees that the use by LESSEE, its successors or assigns, of the access easement described herein shall be subject to the following terms and conditions: f!JfiII">, I " A. In all activities involving access to the airport, LESSEE will abide by all ordinances, rules and regulations now in effect or hereafter adopted by the LESSOR or the duly appointed represe~tative of LESSORrel~ting to the operation and regulation of the AI~PORT. r B. In the event of a violation of any ordinance, rule or regulation relating to the operation and regulation of the AIRPORT by LESSEE, its successors or assigns, LESSOR shall give LESSEE written notice thereof and LESSEE shall have 10 working days following receipt of said written notice within which to cure such violation. If any such violation is not .cured within 10 days, LESSOR shall have the right to suspend or terminate LESSEE's right to the use of the access easement hereinabove described until such viola- r-'\ r . tion is cured. Notwithstanding the foregoing, in the event a violation of any ordinance, rule or regulation by LESSEE, its successors or assigns, creates an emergency situation or constitutes an eminent danger or hazard to the use and operation of the AIRPORT, LESSOR shall have the right to im- mediately take such measures as may be reasonably necessary to cure such violation and/or to immediately suspend LESSEE's right to the use of the access easement herein described until such emerqency situation is resolved. LES- SOR expressly reServes the right to relocate any and all access points described herein, should future airport development require such a relocation, the expense of said relocation to be borne by LESSOR. ,-., f \ r C. In the event aircraft are parked on LESSEE'S property, LESSEE shall provide and designate an aircraft parking area on .LESSEE's property, as shown and designated on the site plan attached as Exhibit "C", shall prov.ide sig- nage on LESSEE's property designating such aircraft parking area, shall provide a fence between such aircraft parking area and areas used by automobiles, shall regulate the use of said aircraft parking area, and shall adopt and enforce rules and regulations relating to the use thereof. r\ D. Should subparagraph C. above become effective, LESSEE shall provid.e on LESSEE's property, facilities for aircraft tie-down within the area shown and designated on the site plan attached as Exhibit "C". E. For so long as the AIRPORT utilizes navigational and directional landing assistance systems, LESSEE agrees that no structures or buildings shall be erected or located on LESSEE's property within the "protected airspace area" surrounding the AIRPORT. For purposes. of this paragraph, the term "protected airspace area" shall mean that area of airspace lying above a plane sloping upwards and outwards in a northeast direction from a line lying parallel to and northeast of the existing runway centerline and located 250 feet to the northeast of said centerline, which plane has an r upward and outward slope of one foot vertical for every seven feet horizontal, also known as a "7 to 1 slope". The term shall also include that area of airspace lying above a plane sloping upwards and outwards in a southwesterly direc- tion from a line lying parallel to and southwest of the fu- ture runway centerline of the new runway to be constructed southwest of the existing runway, which parallel line will be located 250 feet southwest of the new runway centerline, and which plane has an upward and outward slope of one foot verticle for every seven feet horizontal, also known as a "7 (\ to 1 slope". In addition, LESSEE will comply with such other restrictions on the location or height of structures or other buildings on LESSEE's property due to the use of any existing or proposed navigational and directional land- ing assistance systems by the AIRPORT. F. LESSEE further agrees to pay LESSOR, as appropriate, fees for aircraft access, fuel flowage, and/or, if appropriate, airport related business operations as con- sideration for the continued use of the easement herein granted, which fees shall be calculated according to the Fee Schedule attached hereto as Exhibit "0", and incorporated herein by reference. In no event shall aircraft access fees under Category One shown on the attached fee schedule be ~, ( \. charged if fees ~or Airport related .business operations un- der Ca.tegory Thre~ arecha:rged,and. vice versa. categories f' !\ , One and Three are mutually exclusive. The fees payable hereunder shall be reviewed annually by LESSOR, and shall be adjusted in accordance with the then prevailing general con- ditions and uses of the easement and of the AIRPORT. In no event shall these fees be increased by more than ten per cent per year. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the da~e first above written. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE.UNI'l'ED ST.A'l'ES By: Its: Witness [Affix Corporate Seal] Notary Public Date PEACHTREE CITY.A!R~O~T .AUTHb~tTY By: David M. Good, Chairman Witness Notary Public Date r , FEE SCHEDULE 1. AIRCRAFT ACCESS: LESSEE shall pay to LESSOR annually for-each aircraft regularly based on property of LESSEE aircraft access fees as set forth below. If an aircraft is present on the property of LESSEE or on the AIRPORT property for seven or more days during any givel1 year, it shall be considered regularly based on the property of LESSEE for purposes of this fee schedule. Itinerant aircraft shall not be considered as regularly based aircr~ft. for purposes of th.is paragraph. The term "itinerant" shall mean .air"craft regularly based at another airport and visiting the LESSEE's property from time to time for purposes of making sales ~alls, business visits, or other related visits. LESSOR in its sole discretion may pro-rate the following aircraft access fees. upon receipt of evidence. satisfactory to LESSOR indicating that a re.duction Clr. pro-ration would be ap- propriate in the interest of fair"nessto LESSEE. The following access fees are due and payable annually: .~ / ' Single-engine propeller aircraft: Multi-engine propeller aircraft (6,000 pounds and less): Helicopters (6,000 pounds and less): $600.00 per year per aircraft $1,500.00 per year per aircraft $1,500.00 per year per helicopter Multi-engine propeller aircraft (over 6,000 pounds): Helicopters (over 6,000 pounds): $2,000.00 per year per aircraft Turbine-powered aircraft: $2,000.00 per year per helicopter $2,400.00 per year per aircraft LESSEE shall make available to LESSOR upon request all writings, documents, certificates of title, and all other records necessary to enable LE13S0R to identify those aircraft which are regularly based upon LESSEE's property and the rates to be charged therefor for access as set forth .above. LESSEE further grants LESSOR the right to enter upon LESSEE's premises for the sole purpose of identifying those aircraft subject to said access fees. r\ 2. FUELING PAetLfT:tESr:LESSE:EshaIlp~Y fo"LEsSoR,inaCi... dition to any amounts. indicated above, fees for fuel flowage equal to $.05 per gallon of fuel delivered to LESSEE, which shall f' ,r---, 1\ be due and payable at the time of deHITeiy of the fuel to LESSEE. LE,SSEE shall provide LESSOR with (i) quarterly reports in writing indicating the dates of delivery of fuel and amounts of fuel delivered; (ii) copies of all delivery slips and other written documentation evidencing such deliveries; and (iii) copies of all written documentation requested by LESSOR to determine the fees due under this category. LESSEE fu~th~rgrants LESSOR the right of entry upon LESSEE'~ premises to determine the amount of fees due under this category. 3. AIRPORT RELATED :SUSINESS OPBltA.lttONS: Whenever applicable, the parties hereto aCknowledging tha.t this Easement and Access Agreement provides, an invaluCl.Pl,ebl1siness asset to LESSEE and enables LESSE:E to in essence a't'ta,ch a,n airport and runway to its existing business facility located on the premises covered by this Agreement, LESSEE shall pay to LESSOR on a monthly basis, in addi~ion to any amounts indicated above, a per- centage (as set forth in the table below) of LESSEE's gross receipts from busineslil derived from aviation....re.1a'ted activities taking place primarily on the ground on LESSEE's premises, including, but not limited to, conducting a fixed-base operation (as that term is commonly defined in the aviation industry); aircraft maintenance; aircraft fueling; aircraft painting; manufacture, sale, resale, distribution of aircraft, aircraft parts, accessories, engines, propellers; manufacture, sale, maintenance, resale, and distribution of avionics equipment and all other aviation related equipment and paraphenalia; and like activities. No perc~ntage fees shall be charged under this category based on gross receipts derived from the use of aircraft in flight, such as flightinst~ction, charter operations, crop dusting, aerial photography, aerial mapping, aircraft ferrying, and like activities. No percentage fees will be charged based on gross receipts derived from maintenance performed by LESSEE on aircraft titled in the name of LESSEE. Table of Gross Receipts'Percentaqes Year Gross Receipts Percentaqe 1989 1% of Gross Receipts 2% of Gross Receipts 1990 and subsequent years In determining the amount of fees dl1e, based On gross receipts under this category, the term "LESSE:E" shall include any person, firm or corporation deriving income from aviation related activities taking place primarily on the ground on LESSEE's premises. LESSEE shall be solely liable and responsible for maintaining separate b,!oks and rec'!rdsc:l,fllCl.rly setting forth the amounts of gross receipts, and related facts" subject to the fee undeJ:" this paragraph, ""nd LE!3!3~E:,z;;I}Cl.l,l,,]:)e liable for payment of such fee on behalf of any and all persons owing such fees under f"\ ,--., I I~ this paragraph. The term "gross receipts"> shall in~lllde all sums received by, or otherwise paid to LESSEE as compensation for the activities stated he.rein. LESSEE shall provide LESSOR, at LESSOR's request, with copies of all documents, records, tax returns, and all othel;' fina.l'lcial. statement.s. llegessary to enable LESSOR to determine the amounts due under this category. LESSEE further grants to LESSOR the right to enter upon LESSEE's premises for the sole purpose of auditinq, reviewing, and examin- ing LESSEE's books, records, and other documents, as well as LESSEE's premises, to determine the amounts due under this category. -"/