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HomeMy WebLinkAbout1993-135 Lease Agrmt (Airport) - Skinner FIXED BASE OPERATOR LEASE AGREEMENT FOR THE ASHLAND MUNICIPAL AIRPORT Lease made January 10, 1993, between the City of Ashland ("City") and Robert A. Skinner ("Lessee"). RECITALS: A. City is the owner of the Ashland Municipal Airport (further referred to in this lease as "the airport".) B. Lessee desires to lease a portion of the airport for the purposes described below. City and Lessee agree: This lease is made as a result of a Request for Proposals (RFP) issued by City in 1992 entitled "REQUEST FOR PROPOSALS For a Fixed Base Operator, Ashland, Oregon Municipal Airport" and any addenda issued by City. Lessee submitted a proposal in response to the RFP on November 2, 1992. In the event of any inconsistencies in the terms of this lease, the RFP and the proposal, this lease shall take precedence over the RFP which shall take precedence over the proposal. 1. Description of leased premises. city shall lease to Lessee as a Fixed Base Operator (FBO) a part of the Ashland Municipal Airport, consisting of the aircraft fueling system and storage tanks, the terminal building, the maintenance hangar, eight tiedown spaces and five parking spaces for rental cars, along with ingress and egress, as more particularly shown on the map attached as Exhibit A, known as the Airport Layout Plan. Unless from the context a different meaning is intended, the term "property" refers to unimproved real property, and the term "premises" refers to the real property and any improvements located or constructed for use during the term of this lease. 2. Term. The term of this lease is five years and 12 days, commencing at 12:01 A.M. on January 19, 1993. 2.1. Extension of aqreement. This lease may be extended for additional terms if no material breach is existing or continuing in the performance of any of the provisions of this agreement by an exchange of correspondence between lessee and the person authorized to administer the agreement on behalf of the City. 2.1.1. The renewal term shall be on the same terms, covenants and conditions as provided in this lease except that there shall be no privilege to extend the term of this lease beyond the expiration of the one renewal term. 2.1.2. Lessee shall exercise the right to a renewal in the following manner: At least 60 days prior to the expiration of the initial term, Lessee notifies Lessor in writing of it's election to exercise the right to renew the term of this lease. PAGE 1- FBO LEASE (p:airportltbo.Lsel 2.1.3. On the giving of such notice of election, this lease, subject to the terms of this provision, shall be deemed to be renewed and the term renewed for a period of five years from the date of expiration of the initial term without the execution of any further lease or instrument. 3. Rental to city. Lessee agrees to pay to the City during the term of this agreement, the following sums and amounts: Rent. The rental of $1,075 per month during the term of this Lease. Rental shall be paid monthly in advance on the first day of each month. The first rental payment shall be due February 1, 1993. The monthly rent shall increase annually, but not decrease, by multiplying the rent by a fraction, the numerator of which is the CPI Index Figure for the month of January of that subject calendar year, and the denominator of which is the Base CPI Index Figure. To illustrate the preceding sentence, the monthly rent for the year beginning one year from the date of this agreement shall be equal to the product determined by multiplying $1,075 (the rent specified in paragraph 3), by a fraction, the numerator of which is the CPI Index Figure for the month of September, 1993, and the denominator of which is the Base CPI Index Figure. As used in this section, "Index" shall refer to the following index published by the Bureau of Labor Statistics of the United States Department of Labor: Consumer . Price Index, All Urban Consumers (CPI-U), U.S. City Average, CPI- -All Items ("standard reference base period" 1982-84 = 100). "Base CPI Index Figure" shall refer to the Index number indicated for the month of January, 1992, and the "CPI Index Figure" for any other month shall refer to the Index number for that month. If the "Index" is no longer being published as of a particular date, then the "CPI Index Figure" for that date shall be the figure reported in the U.S. Department of Labor's most recent comprehensive official index then in use and most nearly answering the description of the Index (or, if the U.S. Department of Labor is not then publishing any such similar index, shall be determined under another comparable, authoritative, generally recognized index to be selected by mutual agreement of Lessor and Lessee). If the Index is calculated from a base different from the base 1982-84 = 100, then the figures to be used in calculating any adjustment mandated under this Agreement first shall be converted (if possible, under a formula supplied by the Bureau of Labor Statistics of the U.S. Department of Labor) to account for that difference. Flowaqe fee. A flowage fee of $.05 per gallon on all aviation fuel products delivered to Lessee at the airport. fee is payable on fuel used by Lessee or sold to the public shall be paid by the tenth of the month following the month which the fuel is used or sold. This and in Freiqht handlers fee. A monthly freight handlers fee administered by Lessee of 75% of the gross collected. This fee P AG E 2 - FBO LEASE (p:airportlfbo.Lse) shall be paid by the tenth of the month following the month in which the fee is collected. The freight handlers fee shall be collected by Lessee from all freight handlers at the time freight is handled at the airport. Tiedown fees. A monthly tiedown fee administered by Lessee of 75% of the gross income from any City-owned tiedown space, excluding those spaces designated for use by Lessee for aircraft owned or leased to Lessee. This charge shall be paid by the tenth of the month following the month in which the tiedown fee is collected. Tiedown fees shall be collected at least monthly or more often as necessary. Lessee shall not rent its tiedown spaces unless all of the City's tiedown spaces have been rented. Hanqar rentals. A monthly fee equivalent to the rent for all hangars rented by the City, whether collected by the Lessee or not, lncluding prepala rent; less 25% of the gross rental due. This fee shall be paid by the tenth of the month in which the rental is due. Lessee may assess such charges as may be permitted under the leases for late rental payments. Fuel and inventory. All fuel existing in the fueling system on the first day of this lease shall be purchased by Lessee from City at a price equal to City's cost. other inventory such as maps existing on the first day of this lease shall also be purchased by Lessee from City at a price equal to City's cost. Payment for fuel and inventory shall be made within 30 days of the date this lease begins. 3.1. Mode of paYment. Lessee agrees to pay all sums due without notice by check payable to the City of Ashland, delivered or mailed to the Finance Department, city Hall, 20 East Main street, Ashland, Oregon 97520. 3.2. Delinquencv charge. A delinquency charge of 1.5% per month shall be added to payments required by this Lease Agreement which are more than ten days delinquent. 3.3. Records. Lessee shall keep records in its usual and customary manner of all sales and volumes that serve as the basis for any additional rent that may be due the City under this lease. Such records shall be open for inspection by City, but not more frequently than once in any six month period, and only upon ten days' prior written notice to Lessee. Such inspection shall be performed at a reasonable time at Lessee's office. In no event shall Lessee be required to keep such records for more than two years. 4. Purpose. Lessee shall provide a service at the airport solely for the uses and purposes relating to conducting the business of a Fixed Base Operator as described in the "Minimum Standards at Ashland Municipal Airport, Ashland, Oregon" adopted by the City Council on January 4, 1990 (further referred to in this agreement as "the minimum standards") as they now exist or PAGE 3 - FBO LEASE (p:airportlfbo.Lse) as they may be required to be changed in the future by the Oregon Aeronautical Division or the FAA. Any other changes to these standards shall not apply to Lessee unless mutually agreed upon. 4.1. The maintenance hangar shall be used to provide maintenance of aircraft and other airport related uses. Portions of the maintenance hangar may be sublet on a month to month basis for other uses provided that the primary use of the hangar is airport related and provided that the need for aircraft maintenance does not require the use of the sublet portions. 4.2. The five parking spaces shall be used by Lessee for the parking of rental automobiles to be rented by Lessee to the public. Installation of signs identifying the spaces shall be at Lessee's cost. 5. Public Benefit. Lessee agrees to operate the premises for the use and benefit of the public and to make available to the public on fair and reasonable terms all leased airport facilities and services at reasonable prices so as to result in a reasonable profit to Lessee. 6. FAA Exclusive Riqhts Prohibition. Nothing contained in this agreement shall be construed to grant or authorize the granting of exclusive rights within the meaning of Section 308(a) of the Federal Aviation Act of 1958 as amended. 6.1. City shall require of other lessees or permittees at the airport to comply with substantially the same requirements of Lessee, if applicable, as set forth in this lease. City shall enter into such leases or grant such permits in a manner so as to not favor any lessee or permittee over Lessee under this lease. It is the intent of the parties that Lessee be treated by City on an equitable basis with other lessees and permittees of City so that Lessee is not put in an unfair advantage. 6.2. City recognizes Lessee as the general manager of the airport under the direct supervision of the City's public works director or designee. As such, City grants Lessee the authority, at Lessee's sole discretion, to monitor other lessees and permittees at the airport and the public who use the airport facilities. Control and enforcement of the leases and permits shall be the responsibility of the City through the public works director or designee. 7. Insurance. Lessee shall obtain and maintain continuously in effect at all times during the term of this agreement, at Lessee's sole expense, the following insurance: 7.1. Comprehensive insurance. Comprehensive general liability insurance protecting City and its officers, agents and employees against any and all liabilities that may allegedly in any way relate to the operation by Lessee, this insurance to be in the minimum amount of $500,000, combined single limit P AG E 4 - FBO LEAS E (p:airportlfbo.Lse) coverage. Such limit shall automatically increase in the event of any change in the provisions of ORS 30.270, or in the event these limits are found to be not totally appl~cable to a city. 7.2. Additional insureds. All policies shall include the City, its officers, commissions, elected officials, employees and agents as additional insureds. 7.3. Primary insurance. The insurance shall be considered primary to any other insurance or self-insurance of the City. 7.4. Insurance certificate. A certificate evidencing such insurance coverage shall be filed with the City prior to the effective date of this agreement, and such certificate shall provide that such insurance coverage may not be canceled or reduced or changed in any way adverse to the City without at least 30 days prior written notice to the City. The policy shall be continuous until canceled as stated above. If such insurance coverage is canceled or changed, Lessee shall, not later than 15 days prior to the termination or change in the insurance coverage, file with the City a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. In the event Lessee shall fail to furnish the city with the certificate of insurance required, City may secure the required insurance or self-insure at the sole cost and expense of Lessee, and Lessee agrees to reimburse City promptly for the cost, plus ten percent of the cost for City administration. 8. Indemnification. Each party (the indemnifying party) shall defend and indemnify the other party, their officers, agents, and employees (the indemnified parties), from any and all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury resulting in death,) or damage to real or tangible personal property (including loss or destruction), caused by the negligence or other tortious acts of the indemnifying party (including, but not limited to, acts and omissions of the indemnifying party's officers, employees, agents, contractors, and subcontractors). The obligations stated in this section shall be subject to the following conditions: 8.1. The indemnifying party shall be notified in writing of any claim promptly after the indemnified party becomes aware of it; 8.2. The indemnifying party has sole control of the defense of such claim and of all negotiations for its settlement or compromise; and 8.3. The indemnified party gives the indemnifying party information reasonably available and assistance necessary to facilitate the settlement or defense of such claim and, to the extent permitted by law, the indemnified party makes any PAGE 5-FBO LEASE (p:airportlfboLse) defenses available to it available to the indemnifying party. The indemnifying party's indemnity obligation under this section shall be reduced to the extent by which the liability, damage, or expense results from the negligence or other tortious acts of the indemnified party, the indemnifying party's officers, employees, or agents, or a third party. City's duty to indemnify Lessee shall be subject to the limitations imposed by the Oregon Constitution, applicable statutes, and by the Oregon Tort Claims Act. 9. Additional responsibilities of Lessee. Lessee further agrees to: 9.1. Utilities. Initiate, contract for, and obtain, in its name, all utility services required on the premises, including gas, electricity, telephone (including at least one separate telephone line for the sole use of communicating with the FAA and for local calls), water, and solid waste collection and services, and pay all charges for those services as they become due. If Lessee fails to pay the charges, City may elect to pay them and the charge will then be added to the rental installment next due. 9.2. Irrevocable election. Make an irrevocable election (binding on Lessee and all successors in interest under this agreement) not to claim depreciation or investment credit with respect to any property financed with tax-exempt obligations of the City (including all property used by Lessee under this Agreement); (2) Lessee certifies to the City that the term (as defined in 168(i) (3) of the IRS Code) is not more than 80 percent of the expected economic life of the property used by Lessee under this Agreement (as determined in Section 147(b) of the IRS. Code); and (3) Lessee acknowledges that it has no option to purchase any such property. 9.3. Limited office space. Certify that it.will not use any part of the hangars financed with proceeds of any tax-exempt obligations issued by the City for office space, except for office space that is de minimis in size and cost and that is directly related to its day-to-day operations at the .airport as required by Section 142(b) (2) of the IRS Code. 9.4. Prohibited uses. Not use or permit the use of the premises as any lodging facility, any retail facility (including food and beverage facilities) in excess of a size necessary to serve passengers and employees at the airport, as any retail facility (other than parking) for passengers or the general public located outside the terminal, as an office building for individuals who are not employees of the City, or as any industrial park or manufacturing facility. No part of the premises financed with any portion of the proceeds of any tax-exempt obligations issued by the City shall be used to P AG E 6 - FBO LEASE (p: airport\/bo. Lse) provide any airplane, skybox or other private luxury box, health club facility, a facility primarily used for gambling, or store the principal business of which is the sale of alcoholic beverages for consumption off-premises as prescribed by Section 147(e) of the IRS Code. 9.5. Inspections. Lessee shall inspect at least once weekly all lighting at the airport, including, but not limited to, runway, VASI, REIL, taxiway and beacon lights. Any malfunction shall be immediately reported to City. 9.6. Graphics and Siqns. All graphics and signs on the premises shall be consistent with the objectives and conform to the regulations for graphics and signs as contained in the rules, regulations, and ordinances of the City of Ashland as they now exist or may be amended in the future, and as accepted by FAA requirements. 9.7. Proposals made in response to RFP. The following proposals made in the Lessee's response to the RFP and specifically incorporated into this lease: (e.g. staffing levels, operating hours, parts to be stocked, etc.) 10. Improvements, alterations, maintenance: 10.1. Alterations or Improvements. Lessee may not make alterations or improvements without the prior written consent of City, which consent shall not be unreasonably withheld. Prior to any construction, construction plans must be approved by the city in writing as to the physical and aesthetic design, site location, color, landscape design, parking, and land use. All alterations or improvements that Lessee may desire to make to the premises shall be done by Lessee and at the expense of Lessee. The term "improvements" means any buildings, structures, or facilities placed or erected on the property. All such work shall be done in a good and workerlike manner in compliance with all applicable building and zoning laws and ordinances. 10.2. Ownership of Improvements. Title to all improvements made by Lessee of a permanent nature shall be the property of Lessee. Provided, however, that at the expiration of this lease, or sooner termination thereof, all right, title and ownership of the improvements, including the existing hangar, shall pass to the City who may dispose of such improvements or use such improvements as it sees fit for its own benefit. city reserves the option of moving the hangar and any other improvements, during the term of this lease, to any other location on the airport that it deems in its best interest with reasonable notification given in advance to Lessee. 10.3. Maintenance and Repair. City shall be responsible for the maintenance of the roof, structural items, plumbing, electrical, heating, ventilation and air conditioning and exterior painting of the buildings being leased and for the radio PAGE 7 - FBO LEASE (p:airport\fbo.Lse) and weather systems. All other repairs and maintenance of any kind or nature, including but not limited to maintenance of operating condition of doors and windows or replacement of glass, repair and maintenance of interior walls, ceilings, doors, windows, floors and floor coverings, shall be the responsibility of Lessee. Lessee shall be responsible for Lessee's use and its employees', agents', or invitees' use of the premises. Lessee shall, at the expiration of termination of this agreement, surrender the premises in as good order and condition as when received, reasonable wear and tear, damage from the elements, fire, acts of God or other casualty excepted. Lessee shall be responsible and shall pay for all damage or injury done to the premises by Lessee or any person who may be in or on the premises with the consent of Lessee. 10.4. Upkee? Lessee shall keep the premises and buildings under its control clean and in a neat condition and provide for janitorial services, including such services for all public restrooms. Lessee acknowledges that City will keep one restroom open to the public at all times and that Lessee shall be responsible for its maintenance and upkeep. The premises shall be kept in good repair, free of waste material and debris. Landscaping shall be maintained and properly watered in a reasonable fashion. City reserves the right to conduct periodic on-site inspections to insure compliance with this section. 11. Compliance with laws. Lessee shall promptly observe and comply with all laws specified below and all reasonable laws, orders, regulations, rules, ordinances and requirements of Federal, state, County and City governments with respect to the use, care and control of the leased premises, except in the event where Lessee reasonably objects to the application of any such law, order,- regulation, rule, ordinance or requirement, and proceeds in good faith with all reasonable and necessary diligence to protest the same and provided Lessor's interest in the premises is not jeopardized. 11.1. The effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for Toxic Pollutants. Lessee shall install all facilities necessary for the operation and shall properly operate and maintain all facilities and systems and related appurtenances of treatment that are required to keep compliance with the Clean Water Act for Toxic Pollutants. 11.2. Except for structural alterations, Lessee shall be solely responsible for any improvements, alterations or repairs to the premises required pursuant to the Americans with Disabilities Act. 11.3. Lessee compliance with environmental laws. Definition of "hazardous .material". As used is this paragraph, the term "hazardous material" means any hazardous or toxic PAGE 8-FBO LEASE (p:airportltboLse) substance, material, or waste, including, but not limited to, those substances, materials, and wastes listed in the united states Department of Transportation Hazardous Materials Table (49 C.F.R. S 172.101) or by the united states Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and any amendments, ORS 466.567, 466.205, 466.640 and 468.790 and regulations of the Oregon state Department of Environmental Quality, petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any environmental laws. Environmental laws means those laws cited in this subparagraph. 11.3.1. Lessee's compliance with laws and permits. Lessee shall cause the premises and all operations conducted on the premises (including operations by any subtenants) to comply with all environmental laws, provided, however, that for the existing fuel system facility, the city shall be responsible for any required annual fuel tank testing, any required annual reports. Liability and responsibility for ensuring compliance with environmental laws for the existing fuel system facility shall also be the city's. 11.3.2. Limitation on uses of hazardous materials. Lessee shall not use or allow any agents, contractors or subtenants to use premises to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous materials, other than at reasonably necessary for the operation of Lessee's activities as contemplated under this agreement. 11.3.3. city's Riqhts. City shall have the right to conduct reasonable inspections and investigations of premises and the operations conducted on premises at any time and from time to time, and Lessee shall cooperate fully with City during such inspections and investigations. 11.3.4. Indemnification. Lessee agrees to defend (with counsel approved by City), fully indemnify, and hold entirely free and harmless city from and against all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of premises, damages for the loss or restriction on the use of rentable or usable space or of any amenity of premises, damages arising from any adverse impact on marketing of space, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which arise during or after the lease term and which are imposed on, or paid by or asserted against City by reason or on account of, or in connection with, or arising out of Lessee's generation, manufacture, use, transportation, refinement, treatment, storage, or disposal of hazardous materials, or any release of hazardous materials as a result of Lessee's use or activities, or of Lessee's agents, contractors, or PAGE 9-FBO LEASE (p:ai'l'ortlfbo.Lse) subtenants. Lessee shall not be held responsible for damages caused by the negligence of City. 11.3.5. DEO records. Lessee shall keep such records as may be required by DEQ for monitoring of the underground fuel tanks. 11.4. To the extent permitted by law, City agrees to indemnify Lessee from and against all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which arise during the lease term and which are imposed on, paid by, or asserted against Lessee by reason of the presence of hazardous materials in the soil, groundwater, or soil vapor on or under the premises, except to the extent that the hazardous materials are present as a result of Lessee's activities on the premises, or the activities of Lessee's agents, contractors, or subtenants. 12. Assiqnment. 12.1. Lessee shall have the right to assign the whole or any part of Lessee's rights and duties under this Lease, subject to the written approval of the City, which such approval shall not be unreasonably withheld. The City, in considering approval, may take into consideration the experience, qualifications and financial ability of the proposed assignee to do the obligations required of Lessee, and to operate the airport for the benefit of the public. 12.2. For the purposes of this paragraph, the sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Lessee, or a change in principal officers or directors of the corporation, if Lessee is a corporation, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Lessee is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Less~e, shall be construed as an assignment of this lease. Control, as used in this paragraph, means 50 percent or more of the voting power of the corporation. 13. Federal preeminence. All rights, privileges and liabilities imposed by this agreement are subject and subordinate to any conditions, restrictions, limitations, rules, regulations or future requirements for modification of this agreement, by any agreement or contract pertaining to the Airport between the United states Government or any other department or agency of either the United states Government or the state of Oregon. 14. Minoritv Business Plan. As required by the FAA, Lessee agrees to the terms and conditions of the City's adopted Minority Business Plan currently in effect with the FAA and to be amended from time to time. PAGE 10-FBO LEASE (p:airport\fbo.Lse) 15. Termination. This lease may be terminated upon proper notice 90 days in advance of such termination date, and upon the following conditions: 15.1. Termination bv Lessee. This agreement shall be subject to termination by Lessee in the event of anyone or more of the following events: 15.1.1. The abandonment of the Airport as an airport or airfield by the city. 15.1.2. The default by the City in the performance of any of the terms, covenants or conditions of this agreement, and for the failure to continue for a period of 30 days after receipt of notice from Lessee concerning the default, provided that if the remedy takes longer than 30 days, then the term of notice shall be so extended. 15.1.3. Damage to or destruction of all or a material portions of the Airport, and which are necessary for the operation of Lessee's business, and election by City not to replace such improvements within six months after destruction. 15.1.4. The lawful assumption by the United states, or any authorized agent of the operation, control, or use of the Airport, or any substantial part or parts, in such a manner as to substantially restrict Lessee from conducting business operations for a period in excess of 90 days. 15.2. Termination bv city. This agreement shall be subject to termination by city in the event of anyone or more of the following events: 15.2.1. Failure to pay the basic or percentage fee or failure to pay any money due to the City as set forth in this agreement on the due date after ten days written notice by City to Lessee. 15.2.2. The default by Lessee in the performance of any of the terms, covenants or conditions of this agreement (other than payment of the basic or percentage fees or any other money due), and the failure of Lessee to remedy or undertake to remedy, to City's satisfaction, such default for a period of 30 days after receipt of notice from City to remedy the same. 15.2.3. The filing of a voluntary petition in bankruptcy, including a reorganization plan, or filing ln Chapter 11 of the Bankruptcy Act, and general or other assignment for the benefit of creditors, or as adjudicated as bankrupt or if a receiver is appointed for the property or affairs of Lessee. PAGE 11-FBO LEASE (p.ai'l'ort\fbo.Ls~) 15.2.4. The failure to conduct the business or to perform any duty as required in section 5. 16. Removal of Property. Upon termination of this agreement, Lessee, at its sole expense, shall remove from the premises temporary structures, signs, trade fixtures, furnishings, personal property, equipment and materials owned by Lessee and which Lessee was permitted to install or maintain under the rights granted under this agreement. If Lessee shall fail to do so within ten days, City may, at its option, effect such removal or restoration at Lessee's expense, and Lessee agrees to pay City such expense promptly upon receipt of a proper invoice. Any improvements not removed by Lessee pursuant to this paragraph shall become the property of City without any right of Lessee to compensation or reimbursement. 17. Affirmative Action Proqram. Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152, sUb-part E, to insure that no person shall, on the grounds of race, creed, color, age, national origin or sex, be excluded from participating in any employment activities covered in 14 CFR, Part 152, sUb-part E. Lessee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by the sub-part. Lessee assures that it will require that its covered sub-organizations will provide assurances to the city that they similarly will undertake affirmative action programs and that they will require assurances from their sub-organizations as required by 14 CFR, Part 152, sub-part E to the same effect. 18. Taxes. Lessee covenants and agrees to pay all real and personal property taxes assessed against the lease property, and the Ashland Airport during the term of this Lease, such payments to be made no later than November 15 of the year in which the taxes become due and payable, and will submit a copy of the receipt for the taxes to the City's Director of Finance. 18.1. In the event that there is a change in the method upon which property taxes are imposed upon the Lessee and such change increases the property tax liability of the Lessee, City and Lessee agree to renegotiate rental payments to reflect the change. 19. Public Use. Lessee shall also have a non-exclusive right to use, in common with others, all public airport facilities and improvements of a public nature which are now, or which in the future may be, connected with, appurtenant to, landing, taxiing, parking areas, and other facilities. 20. that work when Construction bv Lessor. It the Lessor may choose to do on portions of the airport, reasonably necessary, close is further understood and agreed construction work or maintenance and accordingly, the Lessor may, the airport so that Lessee will P AG E 12 - FBO LEAS E (p:airportltbo.Lse) be required to temporarily suspend activities, and will not have ingress and egress to its premises. ~*G~ ~ Robert A. Skinner CITY )~ PAGE 13 - FBO LEASE (p:airport\fbo.LSt') ~G'(' 0~ ~ ~ / / / / /" / / .' / ' / "., ~ :l ", Jl /...-----------~ -\.. / ' . . . ~~ ~ , , . / "(' - - -----~ . . ~" \. ,~- '..~ "",., . --------.----~. . . . . r~~:." "::. ::.~:/ IF'~'~'OiFICE ~ \ \\\\\\\\\\\~ I l~ \\\\\\\\\\\\\~ ~--1 ~ ..J <t I- en " z 52 a: <t a.. EXHIBIT "A" FIXED BASE OPERATOR LEASE BETWEEN CITY OF ASHLAND AND ROBERT A. SKINNER JANUARY 12, 1993 LEASE INCLUDES F.B.O OFFICE, MAINTENANCE HANGAR, FUELING FACILITIES AND FIVE (5) PARKING STALLS AND EIGHT (8) AIRCRAFT TIEDOWNS AS NOTED / //// ///' / / / / / / / I MAINTENANCE HANGAR / / FUEL 1IDilliiID- 001 z == ~ 1 I- ~I ~1 o LL ~ I I ._ r--~ 1 b--1 z == t~. --1 i= ~ , 1 -. __~ r a: j :J o ~- i ~-~~ ~-- ~ I I / // / ~--1 ~- --~ I 1 € UJ > u: ~ I , , ' ' j,j " . ' . . '\\ ' ' . . ' ' , '