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HomeMy WebLinkAboutRESO 9457RESOLUTION NO. 9457 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING THE COUNTY OF SANTA CLARA AIRPORT RULES AND REGULATIONS AND THE COUNTY GENERAL AVIATION AIRCRAFT LICENSE AGREEMENT FOR APPLICATION ON AN INTERIM BASIS AT THE PALO ALTO AIRPORT A. The City of Palo Alto has sought an early termination of the 1967 Lease Agreement between the City of Palo Alto, as tenant, and the County of Santa Clara, as ground tenant, relating to the County's lease at the Palo Alto Airport. B. On August 11, 2014, the Council considered and endeavored to adopt a resolution, approving the Termination Assignment and Assumption Agreement between the City and the County. That agreement has facilitated the transfer of all Palo Alto Airport leases, license, permits and other documents entered into by the County to the City, which will assume the County's rights and obligations under those contracts and documents pertaining to the Palo Alto Airport. The 1967 Lease Agreement was effectively terminated as of August 11, 2014. C. In view of the lengthy process that the City must undertake when it seeks to adopt Palo Alto Airport-specific general aviation airport rules and regulations and a license agreement or permit or other contract, the City's staff will later develop and present to the Council for its approval general aviation airport rules and regulations and a license agreement or other contract that are expressly tailored to the sponsorship and operation of Palo Alto Airport. D. City staff again requests that the Council adopt this resolution relating to the interim application ofthe County's Airport Rules and Regulations and the County's General Aviation Aircraft License Agreement to the Palo Alto Airport. As the resolution was omitted inadvertently from the package of document submitted to the Council for its approval, the Council must again adopt the resolution by its adoption of this resolution, approving the application of the County's rules and regulations and license agreement. NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE, as follows: SECTION 1. The City of Palo Alto adopts, and the Council hereby approves, in the interests of administrative convenience for ~he remainder of FY 2015 and any subsequent Fiscal Year, as appropriate, the County of Santa Clara's Airport Rules and 140828sdl00710437 Page 1 Regulations and the General Aviation Aircraft License Agreement, attached at Exhibit A and Exhibit B, which shall be made applicable to every tenant, licensee, permit holder or other user of the Palo Alto Airport on and after August 12, 2014 until such date and time as the City has adopted or approved City-specific Palo Alto Airport Rules and Regulations and a license agreement or other standard form contract for tenants, licensees, permit holders and other users of the Palo Alto Airport. SECTION 2. The Council finds that the adoption ofthis resolution does not constitute a 'project' under Section 21065 of the California Public Resources Code and Sections 15378(b)(4) and 9b)(S) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines, and therefore, no environmental assessment is required. INTRODUCED AND PASSED: September 8, 2014 AYES: BERMAN, BURT, HOLMAN, KLEIN, KNISS, PRICE, SCHARFF, SCHMID, SHEPHERD NOES: ABSENT: ABSTENTIONS: APPROVED AS TO FORM: ~ Senior Assistant City Attorney Exhibit A -The County of Santa Clara Airport Rules and Regulations, in effect as of August 11, 2014. Exhibit B -The County of Santa Clara General Aviation Aircraft License Agreement, in effect as of August 11, 2014. 140828sdl00710437 Page 2 County of Santa Clara Airport Rules and Regulations . Approved and adopted by Santa Clara County Board of Supervisors on March zih, 2001. Exhibit A-1 ·1h~~ [p)©1gj® ~~ft®~~~(Q)~@l~~~ ~®im [b)~@}~[k Approved and adopted by Santa Clara County Board of Supervisors on March 2ih, 2001. Exhibit A-2 County of Santa Clara Table of Contents ABBREVIATIONS AND DEFINITION 3 GENERAL 8 2.1 JURISDICTION ................................................................................................... 8 2.2 MANAGEMENT OF PUBLIC ................................................................................... 8 2.3 SEVERABILITY .................................................................................................. 8 2.4 COMMERCIAL USE AUTHORIZATION REQUIRED ...................................................... 8 2.5 VARIANCE ........................................................................................................ 8 2.6 WAIVER OF LIABILITY ......................................................................................... 8 2.7 FEES .............................................................................................................. 9 2.8 ADVERTISEMENTS ............................................................................................. 9 2.9 CONDUCT ........................................................................................................ 9 2.10 SMOKING ......................................................................................................... 9 2.11 PRESERVATION OF PROPERTY ............................................................................ 9 2.12 ANIMALS (INCLUDING PETS) .............................................................................. 1 0 AERONAUTICAL OPERATIONS 11 3.1 GENERAL ...................................................................................................... 11 3.2 PUBLIC USE ................................................................................................... 11 3.3 LICENSES AND REGISTRATIONS ......................................................................... 11 3.4 AIRPORT CLOSURE ......................................................................................... 11 3.5 ACCIDENTS& DISABLEDAIRCRAFT .................................................................... 11 3.6 ENGINE STARTING/RUN-UP ............................................................................... 11 3.7 LANDINGS AND TAKEOFFS ................................................................................ 12 3.8 TAXIING OPERATIONS ...................................................................................... 12 3.9 NOISEABATEMENT .......................................................................................... 12 3.10 AIRCRAFTPARKING ......................................................................................... 12 3.11 WASHING AND MAINTENANCE OF AIRCRAFT ........................................................ 12 3.12 ULTRALIGHT OPERATIONS ................................................................................ 13 3.13 MOTORLESSAIRCRAFT OPERATIONS ................................................................. 13 3.14 PARACHUTE OPERATIONS ................................................................................ 13 3.15 HELICOPTER0PERATIONS ................................................................................ 13 3.16 KITES, BALLOONS, MODEL AIRCRAFT AND ROCKETS ............................................ 13 GROUND VEHICLE OPERATIONS 14 4.1 OPERATOR REQUIREMENTS .............................................................................. 14 4.2 VEHICLE REQUIREMENTS ................................................................................. 14 4.3 VEHICLE OPERATIONS ..................................................................................... 14 4.4 RIGHT-OF-WAY ............................................................................................... 15 4.5 VEHICLE PARKING ........................................................................................... 15 4.6 VEHICLE REPAIRS ........................................................................................... 15 4.7 VEHICLE REMOVAL ......................................................................................... 15 SAFETY, SECURITY, AND ENVIRONMENTAL PROTECTION 16 5.1 FIRE HAZARDS ............................................................................................... 16 5.2 FIRE EQUIPMENT ............................................................................................ 16 5.3 AIRCRAFT FUELING OPERATIONS ....................................................................... 16 5.4 FUEL SPILLS .................................................................................................. 17 5.5 CLEANING FLUIDS ........................................................................................... 17 5.6 AIRCRAFT DOPING AND PAINTING ...................................................................... 17 5.7 DISPOSAL OF TOXICANTS/POLLUTANTS ............................................ , ................. 18 5.8 SANITATION ................................................................................................... 18 5.9 RESTRICTED AREAS ........................................................................................ 18 Eff. 3/27/01 Page 1 of 26 Exhibit A-3 Airport Rules and Regulations 5.1 0 AIRCRAFT SECURITY ........................................................................................ 18 5.11 TENANTS ECURITY ......................................................................................... ; 18 AVIATION FUEL DISTRIBUTION AND PERMITS 19 6.1 APPROVED AVIATION FUELS .............................................................................. 19 6.2 AVIATION FUEL DISTRIBUTION RESTRICTIONS ...................................................... 19 6.3 FBO RETAIL FUELING PERMIT ........................................................................... 19 6.4 SELF-FUELING ................................................................................................. 19 6.5 BULK DELIVERY OF AVIATION FUELS ................................................................... 19 HANGAR, SHELTER AND TIE-DOWN WAITING LISTS 20 7.1 GENERAL ....................................................................................................... 20 7.2 APPLICATION PROCEDURES .............................................................................. 20 7.3 ASSIGNMENT OF STORAGE SPACES .................................................................... 20 7.4 OPTIONAL REQUEST TO BE PLACED IN AN INACTIVE STATUS ON AWAITING LIST ....... 20 7.5 REMOVAL FROM THE WAITING LIST ..................................................................... 21 7.6 REMAINING ON THE WAITING LISTFOR UPGRADE OF SPACE ................................... 21 APPENDIX I -AIRPORT MAPS 22 APPENDIX II -SPECIALIZED AERONAUTICAL ACTIVITIES 24 APPENDIX Ill -SPECIAL EVENTS 25 EXHIBIT 1 -AIRCRAFT ACCIDENT/INCIDENT REPORT 26 Page 2 of 26 Eff. 3/27/01 Exhibit A-4 County of Santa Clara Abbreviations and Definition Accident. See Aircraft Accident Aeronautical Activity. Any activity which involves, makes possible, or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations, e.g. air taxi and charter operations, scheduled or nonscheduled air carrier services, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, aircraft sales and service, aircraft storage, sale of aviation petroleum products, repair and maintenance of aircraft, sale or aircraft parts, parachute activities, ultralight activities. Aircraft (also Airplane, Balloon, Ultralight, Helicopter). Any device or contrivance now known or hereafter invented, that is used or intended to be used for flight in the air. Aircraft Accident. Any occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such person have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage. Aircraft Emergency. A problem or condition involving an aircraft in flight or on the ground that could endanger lives or property. Aircraft Incident. See Incident. Aircraft Maintenance. The repair, adjustment or inspection of an aircraft by a pilot, owner or mechanic other than the routine cleaning, upkeep and servicing of an aircraft in preparation for flight. Minor repairs are characterized as normal, routine annual inspection with attendant maintenance, repair, calibration or adjustment or repair of aircraft and their accessories. Major repairs are characterized as major alterations to the airframe, power plant, propeller and accessories as defined in Part 43 of the FARs. Aircraft Operation. An aircraft takeoff, landing, touch and go, stop and go, low approach and/or missed approach. Aircraft Ramp. See Apron Aircraft Support and Service Vehicles. Those motor vehicles routinely used on the AOA for service, maintenance and aircraft support such as maintenance trucks, fuel trucks, and aircraft towing vehicles. Privately owned vehicles operated by persons with based aircraft are excluded. Airplane. See Aircraft Air Operations Area (AOA). That area of the airport used or intended to be used for landing, takeoff, or surface maneuvering of aircraft. The AOA includes the active runways, taxiways, taxilanes, apron, ramp and turf areas. Part of the AOA is in the restricted area. Airport. All the areas comprising any one of the three County facilities designed and used for general aviation purposes. Airport Authority. The County of Santa Clara Roads & Airports Department, Airports Division, authorized under the laws of the State of California. Airports Director. The Director of County Airports or his/her designee. The term "Airport Director" as herein used, shall include airport personnel duly designated to represent the Airport Director and to act on behalf of the Airport Director for the enforcement of these regulations to ensure the efficient, proper Eff. 3/27/01 Page 3 of 26 Exhibit A-5 Airport Rules and Regulations and safe operation of the airport, but only to the extent authorized by law or properly delegated by the Airport Authority and/or Airport Director. Airport Rules and Regulations (AR&R). A document adopted and formally approved by the County Board of Supervisors within which are detailed provisions for the safe, orderly and efficient operation of the County airports. Apron. An area of the airport designated for aircraft surface maneuvering, parking, fueling, servicing and enplaning/deplaning passengers. Air Traffic Control (ATC). A service provided by the FAA to promote the safe, orderly and expeditious flow of air traffic. Air Traffic Control Tower (ATCT). The facility from which the FAA provides air traffic control services. Aviation-related activity. Any activity conducted on airport property that provides service and support to airport users. The following are examples of what are considered aviation-related activities as opposed to aeronautical activities; they include but are not limited to ground transportation, restaurants, auto parking lots, concessions, etc. AVGAS. Any approved aviation grade of fuel for reciprocating engine-powered aircraft authorized by the FAA. AVJET. Any approved kerosene grade of fuel for turbine engine-powered aircraft authorized by the FAA. Balloon. See Aircraft Based Aircraft. Any aircraft whose "home base" or "permanent residency" is identified with a specific airport. Commercial Operator Permit The legal agreement between the Airport Authority and a commercial aviation business provider that may or may not be a tenant of the Airport Authority that authorizes the commercial aviation business to conduct business on the airport and identifies the parameters, conditions, rates and charges due to the County Airport for that right. DMV. State of California Department of Motor Vehicles. Emergency Vehicles. Vehicles that are painted, marked, lighted or escorted and used by the law enforcement (police or sheriff) or security officers, fire department, ambulance or other airport officials to carry out their daily duties or used in response to an emergency situation. Engine Run-up. The operation of an aircraft engine at power settings in excess of those power settings needed for normal taxiing of the aircraft. Engine run-ups are usually conducted at relatively high power settings in order to determine the performance of an aircraft engine. Engine Run-up Areas Areas designated by the Airport Director that allow high power settings of an aircraft engine. These areas are indicated on the attached map. FAA. Federal Aviation Administration. FAR. Federal Aviation Regulations. Fixed Base Operator (FBO). A commercial aviation business entity which maintains facilities on the airport for the purpose of engaging in the retail sale of, or providing one or more of the following: Page 4 of 26 Eff. 3/27/01 Exhibit A-6 County of Santa Clara aviation fuel(s), oil or lubricants; the sale or storage of aircraft; rental of aircraft; flight instruction and training; aircraft charter; aircraft, airframe and power plant (engine) repair; avionics sale and service, and/or aircraft line services. Fundamentally, an FBO is also defined as an airport-based aircraft service organization which operates under a lease or use agreement with an airport sponsor or operator for the specific purpose of providing aircraft retail fuel services and at least two of the four primary service areas, i.e., (1) location based services, (2) technical services, (3) flight operations, and (4) aircraft sales. Typically, a full service FBO would offer aircraft retail fuel service, transient aircraft services, and two or more types aviation services. Fuel Flowage Fee. A fee paid to the County for each gallon of fuel distributed on the airport. Fueler or Fueler Endorsement. Shall mean a motor vehicle driver that has taken and successfully completed the necessary training to transport, dispense or otherwise handle aviation fuel products in accordance within all applicable federal, state and local rules and regulations, including the rules and regulations of the County Airport, and as may be required by Airport Permit. Fuel Handling. The storage, transportation, delivery, dispensing, fueling, de-fueling and draining of aviation or motor vehicle fuel or waste aviation or motor vehicle fuel products. Fuel Storage Area. Those locations on the airport designated in writing by the Airport Director as areas in which aviation or motor vehicle fuels or any other type of fuel may be stored and used for the delivery of bulk fuels by a wholesaler or reseller of fuels. Fueling Agent. A business licensed and authorized to dispense fuel into aircraft storage facility or to accept delivery of fuel from a major oil company, fuel wholesaler or reseller at the fuel tank storage facility farm approved by the Airport Authority. At the fuel storage facility, the fueling agent will further dispense fuel from the fuel storage tanks into a mobile fuel servicing vehicles usually associated with an airport FBO's facility licensed by the Airport. Hangar. A fully enclosed storage space for one or more aircraft. Hazardous Material. Any substance or material which has been determined to be capable of posing risk of injury to health, safety and property, including petroleum and petroleum products, and including all of those materials and substances designated as hazardous or toxic, presently or in the future, by the U.S. Environmental Protection Agency, the California Water Quality Control Board, the U.S. Department of Labor, the California Department of Industrial Relations, the California Department of Health Services, the California Health and Welfare Agency in connection with the Safe Water and Toxic Enforcement Act of 1986, the U.S. Department of Transportation, the U.S. Department of Agriculture, the U.S. Consumer Product Safety Commission, the U.S. Department of Health, Education and Welfare, the U.S. Food and Drug Administration, and any other governmental agency authorized to regulate materials and substances in the environment. Without limiting the foregoing, the term "Hazardous Materials" shall include all of those materials and substances defined as "Toxic Materials" in Section 66680 through Section 66685 of Title 22 of the California Code of Regulation, Division 4, Chapter 30, as the same may be amended from time to time. Incident. Any occurrence other than an accident, associated with the operation of an aircraft, which affects or could affect the safety of operations. License. An agreement granting occupation or use of property during a certain period in exchange for a specified rent. MOGAS. Any approved substitute grade of fuel for an aircraft with a reciprocating engine and having appropriate supplemental type certificate (STC) authorized by the FAA. Eff. 3/27/0 1 Page 5 of 26 Exhibit A -7 Airport Rules and Regulations Movement Area. Those areas of the airport under the control of the air traffic control tower including runways, taxiways, and helipads designated and made available for the landing, take-off, and taxiing of aircraft and which require a clearance from the air traffic control tower prior to entering those areas. MPH. Miles per hour. Non-movement Area. Those areas of the airport where aircraft taxi, or are towed or pushed without radio contact with the air traffic control tower or with other aircraft. NOT AM. Notice to Airmen as issued by a representative of the Director, FAA, the Air Traffic Control Tower or other authorized official. NTSB. National Transportation Safety Board. Park or Parking. The standing of an aircraft or vehicle whether occupied or not. Permit A written authorization issued by the Airport Authority to engage in certain specific activities or the temporary use of certain areas or facilities at the airport. Person. Shall mean an individual, firm, general or limited partnership, corporation, company, trust, limited liability corporation trust, association, or any trustee, receiver, assignee or similar representative thereof leasing, subleasing, making application for, or using any land or facility at the airport. POV. Privately owned vehicle. Ramp. See Apron Restricted Area. Those portions of the airports closed to access by the general public. Security Person. Any security service person under contract to the Airport Authority. Self-Fueling. Fueling of an aircraft on airport property, performed by the aircraft owner or operator in accordance with the airport's reasonable standards or requirements and using fuel obtained by the aircraft owner from the source of his/her preference. Self-Service Fueling. Fueling of an aircraft by the pilot using fuel pumps installed for that purpose. The fueling facility may or may not be attended by the owner/operator of such a facility. The use of this type of facility is not considered to be Self-Fueling. Shelter. A structure intended to provide shade for a parked aircraft but which is not a fully enclosed storage space. Substantial damage. Damage or failure which adversely affects the structural strength, performance, or flight characteristics of the aircraft, and which would normally require major repair or replacement of the affected component. Engine failure or damage limited to an engine if only one engine fails or is damaged, bent fairings or cowling, dented skin, small punctured holes in the skin or fabric, ground damage to rotor or propeller blades, and damage to landing gear, wheels, tires, flaps, engine accessories, brakes, or wingtips are not considered "substantial damage" for the purpose of this part. Taxilane . An area of the airport developed and improved for the purpose of maneuvering aircraft and used for access between taxiways, ramps, aprons, and aircraft parking positions. Taxiway. An area of the airport developed and improved for the purpose of maneuvering aircraft on the ground between runways and aprons. Page 6 of 26 Eff. 3/27/01 Exhibit A-8 County of Santa Clara Terminal. The primary facility or facilities at an airport through which pilots and passengers transition. Transient Aircraft. Any aircraft not permanently based at the airport. Tie-Down. An open-air aircraft storage space. Vehicle. All motorized and non-motorized conveyances, except aircraft. Eff. 3/27/01 Page 7 of 26 Exhibit A-9 Airport Rules and Regulations General 2.1 Jurisdiction These Rules and Regulations apply to all users and tenants of Palo Alto Airport, Reid-Hillview Airport and South County Airport, and all improvements thereon. Any entry upon or use of any County airport or any part thereof whether with expressed permission or without is conditioned upon compliance with these Rules and Regulations; entry upon a County airport by any person shall be deemed to constitute an agreement by such person to comply with said Rules and Regulations. 2.2 Management of Public The Airport Director has the authority to take such reasonable action as may be necessary in the control and management of the airport, and in expeditiously dealing with the members of the public in that regard. 2.3 Severability Should any paragraph or provision of these Rules and Regulations be declared by any court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of any other rule or regulation hereunder. 2.4 Commercial Use Authorization Required No person shall utilize any portion of the airport or any building, facility or structure thereon, for revenue producing commercial activities or to solicit business or funds for any business or activity except by conducting said business operations or activities under the terms specifically authorized by a lease, sublease, permit, license or temporary permission of the Airport Director. This section shall not apply to: 1) free lance flight instructors; or 2) mechanics providing services to aircraft storage space licensees at the licensee's assigned storage space; or 3) itinerant commercial aircraft operations. 2.5 Variance Relief from the literal requirements of these rules and regulations may be granted by the Airport Director when strict enforcement would result in practical difficulty or unnecessary hardship. Any such relief may be subject to reasonable conditions necessary to maintain the safety of fight operations, fulfill the intent of the rules and regulations and protect the public interest. 2.6 Waiver of Liability Airport lessees, tenants, and permittees, authorized to us.e the airport and its facilities, or to fly to, or from the same shall be at all times conditioned upon the assumption of full responsibility thereof. It shall be a further condition thereof that each person, as consideration of the use of the airport and its facilities, shall at all times release, hold harmless and indemnify the County, the Airport Director, Board and employees from and against any and all liability, responsibility, loss or damage, resulting to any such person or caused by or on his/her behalf, and incident to the manner in which airport is operated, constructed or maintained, or served from within or without, or used from without. The use of the airport by any person for any purpose, or the paying of fees thereof or the taking off or landing aircraft therein shall be itself an acknowledgment that such person accepts such privileges on the conditions set forth. Notwithstanding the foregoing, those airport users shall not be required to indemnify the County for damage occasioned by the sole negligence or willful misconduct of the County or its employees or representatives. Page 8 of 26 Eff. 3/27/01 Exhibit A - 1 0 County of Santa Clara ' 2.7 Fees Airport fees, rates and charges shall be established and may be modified from time to time by the Board of Supervisors. 2.8 Advertisements No person or entity shall post, distribute, or display signs, advertisements, circulars, handbills or printed or written matter at the public areas of the County airports except as approved by the Airports Director. 2.9 Conduct a. No person shall commit any disorderly, obscene, indecent, or unlawful act, or commit any nuisance on the airport. b. No person shall possess an open container containing any alcoholic beverage nor consume any alcoholic beverage on any portion of the airport accessible to the general public, except by permit issued by the Director, County Airports. c. No person shall engage in gambling or gaming activity, or aid in or abet the conduct of gambling in any form, on the airport. 2.10 Smoking a. No person shall smoke inside an aircraft hangar, within 50 feet of any aircraft, fuel facility, or fuel truck, nor on an aircraft parking ramp. b. No person shall smoke in any public building or at or the entrances to any public buildings, or at any other location through which public movement may be anticipated, or at any other place on the airport where the Airport Authority specifically prohibits smoking. 2.11 Preservation of Property a. b. c. d. e. Eff. 3/27/01 No person shall destroy, injure, damage, deface, disturb or tamper with any building, vehicle, sign, equipment, landscaping, fixture or any other structure or property on the airport. No person shall interfere or tamper with any aircraft or put in motion the engine of such aircraft, or use any aircraft, aircraft parts, instruments or tools, without permission of the owner/operator. No person shall abandon any personal property on the airport. Any person finding lost articles in the airport public areas shall deposit them with the Airport Administration or Operations office. Any property destroyed, injured, damaged or destroyed by the negligence or willful conduct of any person shall be paid for in full by the person(s) responsible for such destruction, injury or damage. Page 9 of 26 Exhibit A -11 Airport Rules and Regulations 2.12 Animals (including pets) a. Excluding Americans with Disabilities Act (ADA) and law enforcement requirements, no person shall enter any public airport building with any animal. b No animals (excluding ADA requirements) are allowed within the AOA unless being transferred or shipped or under the control of their owner by leash, harness, restraining straps, or cage. Leashes, harnesses, and straps shall not exceed twelve (12) feet. c. Owners are responsible for the immediate removal and disposal of all waste products. Page 10 of 26 Eff. 3/27/01 Exhibit A -12 County of Santa Clara Aeronautical Operations 3.1 General a. No person shall operate or maintain any aircraft at any airport except in strict conformity with all ordinances, rules and regulations of the county and the regulations of the Federal Aviation Administration. b. All aircraft shall be operated in accordance with air traffic patterns established by the County and the Federal Aviatjon Administration. c. Unusual performance tests of aircraft may be conducted only upon prior permission of the airport manager and only upon such conditions as the Director of County Airports shall impose. 3.2 Public Use The runways, taxiways, aprons and ramps are open to aircraft in accordance with rules and regulations governing the operation of aircraft and the conduct of pilots as promulgated by the appropriate agencies of the United States Government, the State of California, and the Airport Authority. 3.3 Licenses and Registrations Only aircraft and persons properly licensed or otherwise authorized by the FAA or U.S. law shall operate on or at the County airports. 3.4 Airport Closure The Airports Director shall have the authority to close a County airport or any portion of a County airport as appropriate whenever the airport or any portion thereof is unsafe for aeronautical activity. 3.5 Accidents & Disabled Aircraft a. Any person involved in an accident or incident on a County airport shall submit a report to the Airports Director using the forms contained in Exhibit 1, Accident/Incident Report. Accidents and incidents shall be reported immediately or as soon as practicable to the Airports Director. b. No person shall disturb, move, or remove any aircraft parts or other equipment found on the airport as a result of an aircraft accident until release of the aircraft or parts thereof by the NTSB or FAA and the Airports Director. c. The pilot, aircraft owner, lessee, operator, or other person having control of any abandoned or disabled aircraft on the airport shall be responsible for the prompt removal of the disabled aircraft or parts thereof as directed by the Airports Director unless required to delay such action under paragraph 3.5b. The Airport Director has the authority to direct removal or relocation of a disabled aircraft from any location on the airport except authorized aircraft storage spaces. 3.6 Engine Starting/Run-up a. Eff. 3/27/01 A competent person shall attend the engine and aircraft controls during engine start and runup. Page 11 of 26 Exhibit A -13 Airport Rules and Regulations b. Aircraft brakes shall be applied, or the aircraft shall be appropriately secured, before and during engine start and runup. c. Minimum power shall be used when operating an aircraft in the vicinity of people, buildings, and other aircraft. d. Operational checks requiring high power settings shall be performed only in designated areas. 3.7 Landings and Takeoffs a. All aircraft shall land and takeoff only on designated runways unless specifically authorized by the Airport Director. b. All takeoffs will commence at the extreme end of the runway or area authorized for use. 3.8 Taxiing Operations a. Fixed-wing aircraft taxiing operations are restricted to the designated paved runways, taxiways, aprons and ramps. b. Aircraft shall not be taxied into or out of any hangar. c. All aircraft are recommended to operate with navigation lights and landing lights on during low visibility conditions. d. No aircraft shall be taxied or engines operated at the airport where the propeller blast or e?<haust will cause injury to persons or damage property. If it is impossible to taxi in compliance with the above, then the engine must be shut off and the aircraft towed to its desired destination. 3.9 Noise Abatement a. Pilots are recommended to use the Aircraft Owners and Pilots Association (AOPA) "Fly-Quiet Procedures," National Business Aircraft Association (NBM), or aircraft owner manual Noise Abatement Procedures consistent with safe flight operational procedures. b. All pilots are strongly encouraged to comply with Airport Noise Abatement Procedures/Policies that may be adopted for the Santa Clara County airports. 3.10 Aircraft Parking a. Aircraft parking shall be restricted to approved aircraft parking areas designated by the Airports Director. b. No aircraft shall be left unattended within airport taxilanes, marked service roads, fire lanes, or in a manner as to interfere with the movement of aircraft or emergency vehicles or hinder ac(:ess to any building or structure. 3.11 Washing and Maintenance of Aircraft a. Aircraft shall be washed in approved washrack areas only, unless otherwise approved by the Airport Authority. b. An aircraft stored at a County airport under a License Agreement with the Airport Authority may be maintained in its assigned storage location provided that all Page 12 of 26 Eff. 3/27/01 Exhibit A-14 County of Santa Clara maintenance activities conform to the requirements of Chapter 5 and all applicable laws and regulations. Maintenance activity performed at open-air storage spaces (i.e. tie-down and shelters) must not interfere with adjacent aircraft and the area must be kept neat and orderly at all times. 3.12 Ultralight Operations No person shall operate an ultralight aircraft at a County airport except as approved by the Airports Director, and in compliance with requirements specified in Appendix II of these Airport Rules and Regulations. 3.13 Motorless Aircraft Operations No person shall operate a motorless aircraft at a County airport except as approved by the Airports Director, and in compliance with requirements specified in Appendix II of these Airport Rules and Regulations. 3.14 Parachute Operations No person shall engage in parachute operations at a County airport except as required in an emergency or as approved by the Airports Director, and in compliance with requirements specified in Appendix II of these Airport Rules and Regulations. 3.15 Helicopter Operations The Airport Director has the authority and responsibility to designate specific runways, taxiways, or other suitable paved, unpaved or prepared surfaces for helicopter operational activity. No person shall perform practice autorotations to the airport's paved surfaces in a helicopter with skids. 3.16 Kites, Balloons, Model Aircraft and Rockets No person shall operate or release any kite, balloon, model aircraft, rocket, or any other device into the air anywhere on or over a County airport except as approved by the Airports Director, and in compliance with requirements specified in Appendix II of these Airport Rules and Regulations. Eff. 3/27/0 1 Page 13 of 26 Exhibit A -15 Airport Rules and Regulations Ground Vehicle Operations 4.1 Operator Requirements a. No person shall operate motorized equipment or a vehicle of any kind on the airport unless in possession of a valid operators license, where required. b. The Airports Director has authority to prohibit a person from operating a vehicle on the airport if in his/her opinion such an operation would be hazardous to persons or property. 4.2 Vehicle Requirements a. No person shall operate a vehicle on a County airport unless the vehicle is in sound mechanical order, has adequate lights, horn, brakes, and clear vision from the driver's position. b. All motor vehicles operated on the County airports must have liability insurance as required by DMV or the Airport Authority. c. Aircraft and airport support vehicles operated by FBO's and airport aviation businesses are encouraged to display their company name or logo on each side of the vehicle along with an appropriately sized flashing or steady-burning yellow beacon. 4.3 Vehicle Operations a. Motor vehicles shall be operated only in those areas of the airport as may be authorized by the Airport Authority (shown in Appendix 1) and under the rules established therefor. b. Except as authorized by the Airport Authority, vehicle traffic on the aircraft ramp shall use the designated service roadway to the extent_ possible. c. Unless otherwise authorized by the Airport Authority, no person may operate a motor vehicle above 15 MPH on any aircraft apron, ramp or taxilane. d. No person may operate a vehicle on airport runway or taxiway areas unless prior permission has been obtained from the Airport Authority. If the vehicle is not with an authorized escort, they must receive clearance from and maintain two-way communication with the ATCT (when tower is operational.) e. No vehicle shall enter the airport movement area unless equipped with an appropriately sized flashing or steady-burning yellow or amber beacon mounted on the uppermost part of the vehicle such that it is conspicuous from any direction including from the air. An orange and white checkered flag may be used in lieu of the flashing beacon for daytime activities. The flag shall be mounted so that it is conspicuous from any direction. f. Each person operating a motor vehicle on the airport shall operate it so as to have it under control at all times, weather and traffic conditions considered. Page 14 of 26 Eff. 3/27/01 Exhibit A -16 County of Santa Clara 4.4 Right-of-way a. Pedestrians and aircraft (including aircraft under tow) shall at all times have the right- of-way over vehicular traffic. b. All vehicles shall pass to the rear of taxiing aircraft. c. Any person operating a vehicle on any portion of the airport shall immediately yield the right-of-way to a police, fire, ambulance or other emergency vehicle giving an audible or visual signal that it is on an emergency call by stopping his/her vehicle parallel as close as possible to the right hand edge of the road, staying clear of all intersections and remaining until the emergency vehicle has stopped or passes, unless otherwise directed by an airport representative. 4.5 Vehicle Parking a. Vehicles shall be parked in designated, paved parking spaces only and in such a manner as to comply with all posted and/or painted lines, signs, and rules. b. Airport tenants are authorized to park two vehicles directly on their assigned aircraft parking location while utilizing their aircraft. c. The Airport Authority may reserve public parking lots and other areas not under lease or permit for special event use and indicate any parking restrictions by appropriate markings and/or signs. d. Aircraft-refueling vehicle shall park in only those areas designated by the Airport Authority. Fueling vehicles shall not block taxilanes. e. FBO ramp vehicles and support equipment shall be parked within the FBO leasehold area only. f. No person may park or stand a motor vehicle within 10 feet of a fire hydrant. 4.6 Vehicle Repairs No person shall wash or repair any motor vehicle on the airport except those minor repairs necessary to remove such motor vehicle from the airport, unless authorized by the Airport Authority. 4.7 Vehicle Removal The Airport Authority may tow away or otherwise move any motor vehicle on the airport that is in violation of the regulations of the airport if the Airport Authority determines that it is a nuisance or hazard. The Airports Director may charge a reasonable amount for moving and storage of the vehicle. Eff. 3/27/01 Page 15 of 26 Exhibit A -17 Airport Rules and Regulations Safety, Security, and Environmental Protection 5.1 Fire Hazards a. All operations on the airport shall be conducted in accordance with National Fire Protection Association standards and applicable state and local fire codes. b. The following specific activities which potentially create fire hazards are prohibited: (1) Storing or stocking materials or equipment in such a manner as to restrict ingress to or egress from a building, restrict access to a fire extinguisher, or constitute a fire hazard. (2) No person shall operate/use a propane or charcoal type barbecue inside an aircraft hangar, within 50 feet of any aircraft, fuel facility, or fuel truck. (3) Keeping or storing flammable liquids, gases, fuels, signal flares, or other similar materials in the hangars or in any building on the airport except that such materials may be kept in an aircraft in the proper receptacles installed in the aircraft for such purpose; or as may be kept in rooms, containers or receptacles specifically designed for storage of such materials. (4) Excluding airport operations personnel repair of airport facilities, operating a flame or spark-producing device on any part of the airport except in approved areas within FBO-Ieased premises is prohibited, unless authorized by the Airport Authority. No open flame/fire shall be authorized within any County aircraft hangar, any on-airport fuel storage area, or upon any components of the fuel distribution system, unless the work is required for the repair of such areas or hangars. Where such repair is required, permission shall first be obtained from the Airport Authority and shall be subject to conditions that may be imposed by the Airport Authority. 5.2 Fire Equipment No person shall tamper with any fire extinguisher equipment or airport fire protection systems or use the same for any purpose other than fire fighting or fire prevention. 5.3 Aircraft Fueling Operations a. No person may operate a fuel truck/transfer vehicle unless such person has passed an approved training program and applicable refresher training. b. During the fueling of an aircraft, the dispensing apparatus and the aircraft must be bonded in accordance with local, state and federal codes and Uniform Fire Code Standards. c. Fuel servicing vehicles are prohibited from parking within 50 feet of a building. d. Fuel storage areas will be properly posted with warning placards as required by the Fire Marshal and/or Airports Director. e. No person may fuel or defuel an aircraft on the airport while the aircraft is in a closed hangar or enclosed space. Page 16 of 26 Eff. 3/27/01 Exhibit A -18 County of Santa Clara f. No person may start the engine of an aircraft on the airport if there is any measurable gasoline or other volatile flammable liquid on the ground underneath the aircraft that may pose a hazard. g. Each person engaged in fueling or defueling on the airport shall exercise care to prevent the overflow of fuel, and must have readily accessible adequate fire extinguishers. h. Each fueling vehicle, fuel station, Self-fueling or Self-Service Fueling facility must maintain an adequate supply of fuel absorbent material to contain a medium-size fuel spill (25 gallons or less) as prescribed by the Airport Authority. i. During the fueling or defueling of an aircraft on the airport, no person may, within 50 feet of that aircraft, use any material that is likely to cause a spark or be a source of ignition. j. Each hose, funnel, or appurtenance used in fueling or defueling an aircraft on the airport shall be maintained in a safe, sound, and non-leaking condition and shall be properly grounded to prevent ignition of volatile liquids. k. Persons involved in fueling operations shall ensure: (1) Fueling activities cease when lightning discharges occur within five miles of the airport. (2) The aircraft engine is not in operation. (3) All aircraft electrical systems, to include magnetos and master switch, are in the "off' position. (4) The aircraft's parking brake is set, or at least one aircraft wheel is chocked, or the aircraft is secured to the ground by the two wing tie-down points. 5.4 Fuel Spills a. In the event of a fire or fuel spill exceeding one-gallon, the responsible party will notify Airport Operations immediately and ensure that the aircraft is vacated. The aircraft shall not be re-boarded until the fuel spill has been contained and cleaned up. b. Whenever a hazardous material spill or leak occurs, the owner or fueling agent of the material shall take immediate steps necessary to ensure discovery, containment, and clean-up of such release and immediately notify emergency personnel (Fire and Airport Operations) of the occurrence. 5.5 Cleaning Fluids No person shall use flammable volatile liquids for any purpose unless conducted in open air or in a properly fireproofed and ventilated room equipped with an adequate and readily accessible fire extinguisher. 5.6 Aircraft Doping and Painting Aircraft doping and painting processes shall be conducted only in accordance with all applicable Federal, State, and Local Laws, Rules and Regulations. Eff. 3/27/01 Page 17 of 26 Exhibit A -19 Airport Rules and Regulations 5.7 Disposal of Toxicants/Pollutants a. No person shall dispose of any oils, fuels, solvents, chemicals, or any other toxic substances or pollutants on a County airport except in receptacles provided for that purpose, nor allow them to enter the surface water, sewer, or drainage system. b. All airport users shall at all times be in full compliance with aU laws and regulations of the U. S. Environmental Protection Agency and all state and local entities' environmental requirements.· 5.8 Sanitation a. No person shall dispose of any garbage, papers, rags, refuse, trash, or any other material on the airport except in receptacles provided for that purpose. b. No person shall introduce materials such as fill, building materials, etc. onto a County airport for disposal. 5.9 Restricted Areas a. Restricted Areas are established for safety and security reasons. The general public is restricted from all areas of the airport posted as RESTRICTED AREAS. b. Pilots, aircraft owners, passengers or guests going to and from aircraft, aircraft service and maintenance personnel, FAA and public safety personnel shall be permitted into the AOA ramp areas. Members of the general public may also be authorized by the Airport Director to enter the AOA. Visitors shall check in with Airport Administration prior to entering the AOA. c. Persons observed in the AOA without authorization by the Airport Director may be considered trespassing. d. Airport Operations personnel, FAA, Local Police Department, County Sheriff, and other local, state and federal law enforcement officers have the power and authority to enforce applicable laws, ordinances, rules and regulations within the airport boundaries. 5.10 Aircraft Security When the condition or mission of an aircraft requires security guards or police officers, the owner or operator of the aircraft should coordinate these requirements with the Airport Director. The owner or operator of the aircraft is responsible for obtaining and paying such required security service personnel. 5.11 Tenant Security Tenants and tenant employees are responsible for safeguarding doors, gates, and other access control devices between the AOA, airport airside and landside areas. Page 18 of 26 Eft. 3/27/01 Exhibit A -20 County of Santa Clara Aviation Fuel Distribution and Permits 6.1 Approved Aviation Fuels. No person shall operate an aircraft on or at a County airport except with FAA-approved fuel. 6.2 Aviation Fuel Distribution ~strictions. The County shall provide by contract (permit or license) for the manner of distribution of aviation fuel, (i.e., AVGAS, AVJET, or MOGAS). No person, firm or corporation shall bring, store, use or distribute aviation fuel on the airport except as may be authorized in writing by the County. Any person, firm or corporation so authorized shall pay the flowage fees prescribed by County ordinance. 6.3 FBO Retail Fueling Permit The County may license an FBO master lessee to provide retail fueling on the County Airports within the requirements of the FAA grant assurances currently in force. Each licensed FBO master lessee retail fueling permittee shall maintain an approved above or below ground fuel storage tank with a minimum storage capacity of not less than 7,500 gallons. 6.4 Self-Fueling No person may conduct self-fueling activity on the airport without securing a permit from the Airport Authority. 6.5 Bulk Delivery of Aviation Fuels. a. b. Eff. 3/27/01 Bulk fuel delivery (including AVGAS, AVJET, and MOGAS) is the delivery of petroleum quantities exceeding 1 00 gallons. Any delivery of fuel exceeding 1 00 gallons shall be to an approved above or below ground fuel storage facility located on an Airport master lessee property or to County airport fuel storage facilities, unless delivery is directly to an ~ircraft's fuel tanks. Truck-to-truck delivery of aviation fuels on the County Airports is prohibited for safety and environmental reasons unless specifically authorized by Airport Authority. Page 19 of 26 Exhibit A-21 Airport Rules and Regulations Hangar, Shelter and Tie-Down Waiting Lists 7.1 General The Airport Authority maintains waiting lists to ensure the fair and orderly assignment of the various categories of County-owned aircraft storage spaces (i.e., hangars, shelters, and tie- downs) unless the supply of a particular category of space exceeds demand. The Airport Operations Supervisor for each airport shall maintain the Master Waiting Lists for that airport and post copies of the lists in the public area(s) of the airport. 7.2 Application Procedures In order to be placed on a waiting list for a particular category of space, Applicant shall submit to the Director a completed "Waiting List Sign Up Sheet" and all fees required by the County Ordinance Code sections applicable to aircraft parking and storage waiting list charges. All applicable fees shall be paid with cash, personal check, or money order. If the applicant desires a specific type of space within a category (e.g. box hangar or taxi-in tie-down), applicant shall so designate on the application, and the Director shall contact the applicant only when the type of space desired is available for assignment to the applicant. If the applicant does not designate a specific type of space on the application, the Director shall contact the applicant when any type of space in the category is available for assignment 7.3 Assignment of Storage Spaces When a space becomes available for assignment, the Airport Operations Supervisor shall attempt to contact the first eligible Applicant on the waiting list to make arrangements to examine the available space. In the event that the first eligible Applicant cannot be reached, a phone message will be left if possible. If it is not possible to leave a message, the Airport Operations Supervisor will make a minimum of three calls over a seven-day period in an effort to contact the Applicant. If contact has not been established after seven days, the Airport Operations Supervisor will attempt to contact the next eligible Applicant on the list. Therefore, applicants are highly encouraged to provide Airport Operations with a current phone number. Applicants who will not be reachable during any seven-day period are also encouraged to provide Airport Operations with an advance decision on whether they will accept a space offered during their absence or leave instructions with an individual who may be receiving messages in the Applicant's absence. If an eligible Applicant is either unable to be contacted or declines the space offered after being contacted, Airports staff shall notate on the Applicant's Waiting List Sign Up Sheet the space offered and the date declined. The Applicant's current position on the list shall be retained after the first and second spaces offered are declined. The Applicant shall be removed from the waiting list if the third space offered is declined. 7.4 Optional Request To Be Placed in an Inactive Status on a Waiting List Since available spaces must be offered to applicants in the order of the applicants' position on the waiting list (i.e. in sequence), significant time and effort is required to assign an available space if the waiting list contains applicants near the top of the list who are not ready to accept assignment. Applicants who are not ready to accept assignment of an available space but wish to avoid being removed from the waiting list under Section 7.3 may request to be placed in an inactive status. While in an inactive status the Applicant will not be offered any type of available space but will retain his or her position on the list indefinitely. Page 20 of 26 Eff. 3/27/0 1 Exhibit A -22 County of Santa Clara The Applicant's request to be placed in an inactive status shall be made in writing, shall specify the waiting list(s) for which the request is being made, shall be effective when received by Airports Administration, and shall remain in effect until withdrawn in writing by the Applicant. In no case shall the request be withdrawn within six months of submission. The request to be placed in an inactive status does not affect the number of times an applicant is permitted to decline spaces offered before being removed from the waiting list. For example, if an applicant declines an offered space one time prior to being placed in an inactive status, the applicant is eligible for two more offers after changing back to active status. 7.5 Removal from the Waiting List An applicant shall be removed from the waiting list upon: • Written request by the applicant tope removed; or • Acceptance by the Applicant of an offered space unless the Applicant elects to remain on the waiting list for a future upgrade of space as discussed in Section 7.6; or • Applicant's third decline of an offered space Upon removal from the waiting list, the deposit less the administration fee shall be refunded or credited towards the Applicant's account as appropriate. 7.6 Remaining on the Waiting List for Upgrade of Space After accepting a space and signing a License Agreement, a Licensee may retain the same position on the waiting list for a future upgrade of space. Remaining on the list requires the deposit amount to be retained by Airport Administration. Licensees electing to remain on the waiting listfor a future upgrade of space shall designate the specific type of space desired. All policies and procedures contained in this Chapter for assignment of spaces apply to Licensees remaining on the waiting list for a future upgrade of space. Eff. 3/27/01 Page 21 of 26 Exhibit A -23 Airport Rules and Regulations Appendix I -Airport Maps Reid~ Hill vie~ Palo Alto =AOA [ill] = Restricted Area Page 22 of 26 Eff. 3/27/01 Exhibit A -24 County of Santa Clara South County - =AOA [Il]J = Restricted Area Eff. 3/27/01 Page 23 of 26 Exhibit A -25 Airport Rules and Regulations Appendix II -Specialized Aeronautical Activities 1. Specialized Aeronautical Activities including the following require coordination and regulation through the office of the Airport Director: • Ultralight Aircraft • Hot Air Balloons • Glider (non-powered) • Parachute Drops 2. Because of the substantial fees charged by insurance underwriters for liability coverage of ultralight aircraft at County Airports, routine operation of ultralight aircraft is discouraged by the Airport Authority. 3. Operation of ultralight aircraft into the airport traffic area, landing, parking and take-off of ultralight aircraft require prior coordination and written approval from the Airport Director. 4. The Airport Director has the authority and responsibility to approve/disapprove requests for use of the airport facilities for hot air balloon launches, experimental aircraft tests, home-built aircraft tests and parachute drops when the parachute landing zone is on airport property. 5. The Airport Director will coordinate these activities with the air traffic control tower manager, when appropriate. 6. The owner/operator of such specialized aeronautical equipment may be limited by the Airport Director to launching, testing, high speed taxi or parachute landing to/from specific sites on the airport. Those sites may be runways, portions of runways, taxiways, clear zones or other airport property. Specific site location may also be limited by designated time of day use. 7. Proof of liability insurance in an amount required by ordinance or approved by the County Risk Manager is required. Page 24 of 26 Eff. 3/27/0 1 Exhibit A -26 County of Santa Clara Appendix Ill -Special Events Activities Regulated by Airport Management 1. Special Events including the following require an application be field with the Airport Authority 45 days in advance of the requested event: • Airport Day • Air Shows • Balloon Festivals • Air Races • War Bird Shows • Fly-In Meets • Parachute Team Demonstrations 2. The Airport Authority must officially approve all special events. 3. The special event sponsor may be required to obtain liability insurance for the event. The insurance policy will identify the County and it's officers, agents and employees as a "named insured." Mandatory Compliance by the Special Event Sponsor 1. If the special event is expected to attract an attendance of 500 persons or more, the sponsor may be required to coordinate road and highway impacts with local police, sheriff and/or highway patrol. 2. The sponsor may be required to make arrangements for auto towing, garbage pick-up and refuse clean up. 3. The special event must be planned to accommodate the normal ingress and egress of motor vehicles for the general aviation users of the airport, or other business activities normally conducted at the airport. 4. Airport runways, taxiways, and/or landside "closures" must be coordinated, and approved in advance with the Airport Director and other users of the airport. 5. A special event that involves certain maneuvers by aircraft must be coordinated with the Airport Director and the local Flight Standards District Office (FSDO) of the FAA. 6. Failure of the sponsor to adequately perform trash and litter clean-up of the airport and repair or compensate for damaged property as a result of the special event will be billed for extra overhead expense and damages by the Airport Authority 7. Special events involving aerial activities that are not of a routine nature for the airport will require the designation and approval of an "air boss" who is experienced in directing and controlling the aerial activities planned for the event. The Airport Director must approve the person designated as "air boss". Eff. 3/27/01 Page 25 of 26 Exhibit A -27 Airport Rules and Regulations Exhibit 1 -Aircraft Accident/Incident Report County Airports -Santa Clara County Aircraft Accident/Incident Report Name of Reporting Party I Address I Ctty Zip I Phone J Date Reid-Hillview Airport 0 Palo Alto Airport 0 South County Airport 0 Explain Incident: Date Call Received 1· Time Call Received I Call Received By I County Property Damaged? I Pilot, Passenger, and Aircraft Data Name of Pilot Address Ctty Pilots License No. Insurance co. Owners Name Address Ctty Name Of Witness: Address Ctty Name Of Witness: Address Ctty Aircraft Make: Model: Additional Data: Investigator: I Remarks Report Completed By: I Date Completed: Location of Fatalities: Total Aircraft Occupants: Number of Injured: __ Injuries: __ _ Aircraft Damage: __ _ Aircraft Home Airport: PIC Pilot Certificate: __ _ FAA/NTSB classified this as an: __ _ Page 26 of 26 Yes 0 Zip I Policy No. Zip Zip Zip lt\W I Date Investigated: I Approved By: Exhibit A -28 No 0 Phone Phone Phone Phone Eff. 3/27/01 County of Santa Clara LICENSE AGREEMENT ! · FOR GENERAL AVIATION AIRCRAFT AT COUNTY AIRPORTS Approved and adopted by Santa Clara County Board of Supervisors on March 27th, 2001. rev. 120406 Exhibit B -1 1~~~ ~©lg~ ~ U1lit~ U1lit~(Q)[jj] ©l ~ ~)! ~~ft [b~@[jj] [k Approved and adopted by Santa Clara County Board of Supervisors on March 27th, 2001. rev. 120406 Exhibit 8 -2 COUNTY OF SANTA CLARA LICENSE AGREEMENT FOR GENERAL AVIATION AIRCRAFT AT COUNTY AIRPORTS Whereas, General Aviation has been the purpose of the three County of Santa Clara Airports (AIRPORTS) since their inception; and Whereas, the County of Santa Clara (COUNTY) has available for use by the owners and operators of General Aviation aircraft certain tie-down, shelter, and hangar spaces at its AIRPORTS; and Whereas, pursuant to Division Al3 of the County Ordinance Code and other authority vested in the Director, Roads & Airports Department (DIRECTOR) or his/her designee, DIRECTOR, on behalf of the County is authorized to enter into this License Agreement for General Aviation aircraft (LICENSE) at the AIRPORTS; Therefore, this LICENSE is made and entered into between the COUNTY by its DIRECTOR and (LICENSEE), subject to the following terms, conditions, and provisions: SECTION 1. LICENSE The COUNTY hereby grants to LICENSEE a revocable license to store an aircraft in a COUNTY hangar, shelter, or tie- down space. The hangar, shelter or tie-down space assigned to LICENSEE pursuant to this License shall be referred to as the Assigned Space. SECTION 2. TERM This LICENSE shall commence on the Effective Date set forth in the Agreement Summary attached hereto, marked Exhibit A and incorporated herein by this reference. The LICENSE shall continue for a period of thirty (30) days and shall automatically be renewed for successive thirty day periods, unless terminated pursuant to the provisions of this LICENSE. SECTION 3. IDENTIFICATION OF AffiCRAFT A. LICENSEE shall designate on page two of the attached Agreement Summary an aircraft as the "primary aircraft" to occupy the Assigned Space. LICENSEE shall own the primary aircraft in whole or in part. COUNTY at its sole discretion may waive the ownership requirement in the case of leased aircraft. LICENSEE may change the designated primary aircraft on the attached Agreement Summary at any time. If LICENSEE ceases to be a registered owner or part owner of the designated primary aircraft and does not designate another aircraft as the primary aircraft within 30 calendar days of such change in ownership, this LICENSE may be terminated by DIRECTOR. · B. LICENSEE shall provide DIRECTOR with the original Certificate of Registration issued by the Federal Aviation Administration (FAA) for the primary aircraft and any other aircraft occupying the hangar as may be authorized under any provision of this LICENSE. DIRECTOR shall copy the original Certificate of Registration and return it to LICENSEE. If an Application for Registration has been made to the FAA for any aforementioned aircraft but the Certificate of Registration has not yet been issued by the FAA for said aircraft, LICENSEE shall provide to DIRECTOR, under penalty of perjury, a copy of the Application for Registration and Bill of Sale in lieu of the Certificate of Registration until such time as the New Certificate of Registration is issued by the FAA and the new Certificate of Registration provided to DIRECTOR. LICENSEE shall be named as owner or part owner on the primary aircraft's Certificate of Registration or Application for Registration. Eff. 3/27/01 Page 1 of13 Exhibit B -3 COUNTY OF SANTA CLARA SECTION 4. IDENTIFICATION OF LICENSEE The term ALICENSEE:= as used in this LICENSE shall mean each person jointly and severally who executes this LICENSE. Any notice or report to, or signature of, any one or more of them, with respect to this LICENSE, shall be binding upon each and all of the persons executing this LICENSE. If more than one person executes this LICENSE, each of them are jointly and severally liable for the performance and adherence to all of the terms, covenants, conditions and provisions contained in this LICENSE. Each person executing this LICENSE herein represents and warrants to COUNTY that he/she has full authority to execute and deliver this LICENSE to COUNTY. A. LICENSEE as Individual(s) Only the individual(s) listed on the hangar, shelter or tie-down Waiting List Application may enter into this LICENSE Agreement as LICENSEE. If more than one person will be entering into a LICENSE with the COUNTY for the same Assigned Space, all such persons must be identified together on the Waiting List Application. B. LICENSEE as Corporation Only the corporation listed on the hangar, shelter or tie-down Waiting List Application may enter into this LICENSE Agreement as LICENSEE. Said corporation must provide appropriate documentation that the persons entering into this LICENSE Agreement are duly authorized to do so on its behalf. C. LICENSEE as Partnership or Joint Venture Only the partnership or joint venture listed on the hangar, shelter or tie-down Waiting List Application may enter into this LICENSE Agreement as LICENSEE. LICENSEE shall provide a copy of the partnership agreement or joint venture agreement to the COUNTY and all partners or parties to the joint venture required to sign contracts binding the partnership or joint venture shall sign this LICENSE Agreement. Nothing in this LICENSE Agreement shall be deemed to constitute COUNTY or AIRPORTS and LICENSEE as partners or participants in a joint venture. SECTION 5. ASSIGNMENTS OR TRANSFERS A. This LICENSE is not assignable or transferable. B. LICENSEE shall not transfer or assign any part of the Assigned Space to another party. If the Assigned Space is a hangar large enough to accommodate two or more aircraft, LICENSEE may allow storage of additional aircraft in the portion of the hangar not intended for the primary aircraft. LICENSEE shall be responsible for compliance with all terms of this LICENSE for additional aircraft occupying the hangar. C. LICENSEE shall not allow use of the portion of the hangar intended for the primary aircraft by other than the primary aircraft except on a temporary basis as authorized in advance of such use in writing by DIRECTOR. For designated primary aircraft that are not completely assembled, the aforementioned Aportion of the hangar intended for the primary aircraft" shall be construed to mean the area ofthe hangar that would be occupied by the primary aircraft in its completed state. SECTION 6. INSURANCE LICENSEE, at its sole cost and expense, for the term of this LICENSE or any renewal thereof, shall obtain and maintain the minimum insurance coverages set forth in the General Aviation Insurance Requirements at COUNTY Airports attached hereto as Exhibit AB:= and incorporated herein by this reference. Said coverages must be in place prior to the commencement of the Term of this LICENSE and prior to LICENSEE commencing any occupancy or activities under this LICENSE. LICENSEE shall provide to the DIRECTOR a copy of the Certificate oflnsurance for the primary aircraft and any other aircraft occupying the Assigned Space. LICENSEE shall be identified on the primary aircraft's Certificate oflnsurance. Page2 of13 Eff. 3/27//01 rev 120406 Exhibit B -4 SECTION 7. AUTHORIZED ACTIVITIES LICENSEE may conduct the following authorized activities at AIRPORTS under the authority of this LICENSE: A. Aircraft parking and storage at the Assigned Space as specifically described in the Agreement Summary (Exhibit A). B. Parking of LICENSEE's and LICENSEE's guest's motor vehicle(s) in compliance with Airport Rules and Regulations and security requirements. C. Storage of aircraft support equipment directly related to LICENSEE's aircraft in accordance with Airport Rules and Regulations and fire safety requirements. D. Aircraft maintenance as specified in Federal Aviation Regulations except as prohibited by the requirements set forth in Section 8 of this LICENSE entitled ARestrictions and Conditions on Use of Assigned Space." E. Construction or assembly of aircraft owned by LICENSEE and the storage of ancillary equipment, tools and supplies. SECTION 8. RESTRICTIONS AND CONDITIONS ON USE OF ASSIGNED SPACE The following restrictions and conditions shall apply to the activities authorized by this LICENSE: A. LICENSEE=S activities shall not impede parking, ingress or egress for aircraft, vehicles, or pedestrians at AIRPORTS. B. LICENSEE shall be solely responsible for properly securing all aircraft in Assigned Space when such aircraft is not in use. C. Upon thirty (30) days advance written notice to LICENSEE, DIRECTOR may change the designated location of the Assigned Space for the safety of any person or property or for the reasonable convenience of COUNTY. LICENSEE shall move all aircraft in Assigned Space to the new location within thirty (30) days of receipt of written notice from DIRECTOR. In the event of an immediate threat to the public health, safety, welfare, or emergency, requiring the removal of such aircraft, DIRECTOR may change the designated location of the Assigned Space, and shall notifY LICENSEE in writing within twenty-four (24) hours of the change in location. In the event DIRECTOR changes the location of the Assigned Space for a LICENSEE, all LICENSEES so displaced shall be given priority on COUNTY's waiting list for comparable Assigned Space in the chronological order so displaced. D. If the Assigned Space is a hangar, LICENSEE agrees to lock the hangar with a padlock supplied by COUNTY, or with a padlock or combination lock approved by COUNTY and provide to the DIRECTOR a spare key or combination code as appropriate. E. ·LICENSEE shall keep the Assigned Space clean and free of debris. Refuse or waste products must be removed and deposited in containers specifically provided for that purpose. F. LICENSEE shall promptly report to DIRECTOR any condition in the Assigned Space that may require maintenance by COUNTY. G. To promote proper use of the Assigned Space for the parking and storage of aircraft, any period of non-utilization of the Assigned Space by LICENSEE for greater than one hundred and eighty (180) consecutive days shall indicate LICENSEE's intent to vacate the Assigned Space and terminate this LICENSE. Notice of termination of this LICENSE by COUNTY shall be given as required herein. Extensions to such 180-day time period may be approved at DIRECTOR's discretion upon written request submitted by LICENSEE. H. LICENSEE shall notifY DIRECTOR within thirty days (30) of any change in registered ownership of the designated primary aircraft or any change of designation of the primary aircraft and shall provide written documentation verifYing such change(s). Eff. 3/27/01 rev 120406 Page 3 of 13 Exhibit B -5 COUNTY OF SANTA CLARA I. LICENSEE shall not conduct any commercial activity at or in Assigned Space, unless such activities are pursuant to a separate written agreement with the COUNTY by its DIRECTOR. The conduct of any commercial activity from the Assigned Space such as (but not limited to) aircraft charter, rental, repair, or instructional service is prohibited. The DIRECTOR shall be the sole judge of whether or not an activity is deemed to be a prohibited commercial activity. This exclusion shall not prohibit the incidental use of the aircraft in providing transportation in the course ofLICENSEE=S business, profession or other commercial activity. J. LICENSEE shall not: 1. use any electrical equipment which exceeds the amperage available in the Assigned Space or modify existing wiring in any way; 2. attach any hoisting or holding mechanism to any part of the Assigned Space or pass any such mechanism over the struts or braces in such space except as approved by DIRECTOR; 3. paint, remove, deface, bend, drill, cut or otherwise modify or alter any part of the Assigned Space. K. Storage of property or equipment not normally used or required for aircraft support and flight operations or related aviation activities is prohibited except for storage of: I. One boat, or one recreational vehicle, or one motorcycle or one automobile owned by the LICENSEE in addition to the primary aircraft in a hangar. 2. A reasonable quantity of comfort items such as a table and seating. L. Spray painting, open flame torch work, arc welding, sand blasting, and paint stripping are prohibited in the Assigned Space unless conducted in accordance with Federal, State, and Local laws, rules, and regulations. M. Hazardous Materials B Applicable Laws and Definition: Page 4 of 13 1. As used in this· clause, the term "Hazardous Materials" means any chemical, compound, material, substance or other matter that: a) Is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials; b) Is controlled, referred to, designated in or governed by any Hazardous Materials Laws; c) Gives rise to any reporting, notice or publication requirements under any Hazardous Materials Laws; or d) Is any other material or substance giving rise to any liability, responsibility or duty upon the COUNTY or LICENSEE with respect to any third person under any Hazardous Materials Law. e) The term "Hazardous Materials" shall also mean any substance or material which has been determined to be capable of posing risk of injury to health, safety and property, including petroleum and petroleum products, and including all of those materials and substances designated as hazardous or toxic, presently or in the future, by the U.S. Environmental Protection Agency, the California Water Quality Control Board, the U.S. Department of Labor, the California Department oflndustrial Relations, the California Department of Health Services, the California Health and Welfare Agency in connection with the Safe Water and Toxic Enforcement Act of 1986, the U.S. Department of Transportation, the U.S. Department of Agriculture, the U.S. Consumer Product Safety Commission, the U.S. Department ofHealth, Education and Welfare, the U.S. Food and Drug Administration, and any other governmental agency authorized to regulate materials and substances in the environment including any other applicable state or local laws or ordinances, rules, decrees, orders, regulations or court decisions. f) Without limiting the foregoing, the term "Hazardous Materials" shall include all of those materials and substances defined as "Toxic Materials" in Section 66680 through Section 66685 of Title 22 of the California Code of Regulation, Djvision 4, Chapter 30, as the same may be amended from time to time. 2. LICENSEE=S Obligations: LICENSEE covenants that during the Term, or any extension thereof, or for such longer period as may be specified herein, LICENSEE shall comply with the following provisions of this Section unless otherwise specifically approved in writing by DIRECTOR: Eff. 3/27//01 rev 120406 Exhibit 8 -6 a) LICENSEE shall not cause or permit any Hazardous Materials to be brought, kept or used in or about the Assigned Space by LICENSEE, its agents, employees, contractors or invitees, except as required by LICENSEE'S permitted use of the Assigned Space, as described in Section 8 herein. b) Any handling, transportation, storage, treatment or usage by LICENSEE of Hazardous Materials that occurs on the Assigned Space following the Effective Date shall be in compliance with all applicable Hazardous Materials Laws; c) Any leaks, spills, release, discharge, emission or disposal of Hazardous Materials which may be caused by LICENSEE, its agents, employees, contractors or invitees, at Assigned Space following the Effective Date, shall be promptly and thoroughly cleaned and removed from the Assigned Space and the LICENSEE at its sole expense, and any such discharge shall be promptly reported in writing to COUNTY, and to any other appropriate governmental regulatory authorities; d) No friable asbestos shall be constructed, placed on, deposited, stored, disposed of, or located by LICENSEE at the Assigned Space; and e) No underground improvements, including but not limited to treatment or storage tanks, or water, gas or oil wells shall be located by LICENSEE at the Assigned Space without County's prior written consent. f) LICENSEE shall be solely and fully responsible and liable in the event LICENSEE's Hazardous Materials storage or usage or activities under this LICENSE causes or permits Hazardous Materials to be released at AIRPORTS or the Assigned Space. If any release of Hazardous Materials occurs at the Assigned Space or AIRPORTS as a result of LICENSEE's Hazardous Materials storage or usage, LICENSEE, at LICENSEE's sole cost and expense, shall immediately remove such Hazardous Materials release in accordance with all applicable local, state and federal laws and regulations. In addition to all other rights and remedies of COUNTY, if LICENSEE does not immediately clean up and remove any such Hazardous Materials release, COUNTY may pay to have same cleaned up and removed and LICENSEE shall reimburse COUNTY all costs incurred by COUNTY, together with interest at the maximum rate allowed by law. 3. Indemnification by LICENSEE: a) LICENSEE (and, if applicable, each of its general partners) and its successors, and assigns, if any, jointly and severally agree to protect, indemnify, defend (with counsel selected by COUNTY) reimburse and hold COUNTY and its officers, employees and agents harmless from any claims, judgments, damages, penalties, fines, costs or expenses (known or unknown, contingent or otherwise), liabilities (including sums paid in settlement of claims), personal injury (including wrongful death), property damage (real or personal) or loss, including attorneys fees, consultants' fees, and experts' fees (consultants and experts to be selected by COUNTY) which arise during or after the term of this LICENSE from or in connection with the presence or suspected presence of Hazardous Materials released or discharged by LICENSEE, its employees or agents anywhere in the Assigned Space during the Term, including the soil or groundwater on or under the Assigned Space, unless the Hazardous Materials were present prior to commencement of the term, or are present due solely as a result of the gross negligence or willful misconduct of COUNTY, its officers, employees or agents. Without limjting the generality of the foregoing, the indemnification provided by this clause shall specifically cover costs incurred in connection with investigation of site conditions or any cleanup, remedial, removal or restoration work required by any Hazardous Materials Laws due to the presence of Hazardous Materials in the soil or groundwater on or under the Assigned Space, which were released or discharged by LICENSEE during the course ofLICENSEE=S alteration of improvement of the Assigned Space, unless the Hazardous Materials were present prior to commencement of the Term, or are present due solely as a result of the gross negligence or willful misconduct of COUNTY, its officers, employees or agents. b) The provisions of this Section 3, Indemnification by LICENSEE, shall be in addition to any and all rights, obligations and liabilities of the parties which may exist under this LICENSE at common law. The remedies and the environmental indemnities provided for in this clause shall survive the expiration or termination of this LICENSE and/or any transfer of all or any portion of the Assigned Space or of any interest in this LICENSE; provided, however, that, notwithstanding anything in this clause to the contrary; if LICENSEE assigns this LICENSE with the consent of COUNTY, LICENSEE shall continue to be obligated to COUNTY under this clause with respect to any release or discharge of Hazardous Materials occurring prior to the effective date of such assignment, but shall have no obligations to COUNTY under this clause to the extent that any such release or discharge occurs after the effective date of such assignment. c) LICENSEE's obligations for clean up and removal of Hazardous Materials releases attributable to LICENSEE's storage, usage, or activities on AIRPORT, shall survive the expiration or termination of this LICENSE. Eff. 3/27/01 Page 5 of 13 Exhibit 8 -7 COUNTY OF SANTA CLARA SECTION 9. RIGHT TO ENTER AND INSPECT The DIRECTOR and/or the DIRECTOR=S designee shall have the authority to enter and inspect the Assigned Space in the following manner: A. LICENSEE herein permits COUNTY, or its authorized representatives, to enter the Assigned Space at all times during usual business hours to inspect the same, and to perform any work thereon (a) that may be necessary to comply with any laws, ordinances, rules or regulations of any public authority, and (b) that the COUNTY may deem necessary in connection with the expansion, reduction, remodeling, protection or renovation of any COUNTY- constructed or owned facilities at the Airport provided however except in an emergency related to injury to persons or damage to property where entry is permitted at any time and without notice. COUNTY shall provide LICENSEE reasonable advance notice, but not less than 24-hours, of its intent to enter the premises for the purposes provided herein. Nothing contained in this Section shall imply any duty on the part of COUNTY to do any such work which, under any provision ofthis LICENSE, LICENSEE may be required to do, nor shall COUNTY=S performance or any repairs on behalf of LICENSEE constitute a waiver ofLICENSEE=S default in failing to do the same. No exercise by COUNTY of any rights reserved to it by this Section shall entitle LICENSEE to any compensation, damages or abatement of rent or fees from COUNTY for any injury or inconvenience occasioned thereby; provided however, any damage to LICENSEE=S Assigned Space or Hangar or other personal property occasioned by COUNTY=S exercise of its rights under this paragraph shall be promptly repaired by COUNTY. B. In addition to COUNTY=S right to enter pursuant to Section 9A above, LICENSEE acknowledges and accepts COUNTY=S right and intent to conduct periodic LICENSE compliance inspections for compliance with this LICENSE, Airport Rules and Regulations, and all applicable laws. Said inspections shall be conducted following written notice by COUNTY of its intent to conduct an inspection. Notice of such inspection shall be provided in writing by DIRECTOR and mailed to the last known address provided to COUNTY for LICENSEE at least seven (7) days prior to such entry and inspection. Verbal notice of such inspection may be provided by DIRECTOR to LICENSEE no less than 48-hours prior to entry and inspection. Said inspection will focus on, but not be limited to, the condition of all improvements for proper maintenance and building code compliance, compliance with laws, a verification of aircraft locations, and a verification that the Assigned Space is not being used for any unauthorized purpose. LICENSEE agrees to cooperate with COUNTY, or its authorized representative, during the inspection process and provide access to all areas of the Assigned Space, both interior and exterior. C. It shall be LICENSEE=S obligation to provide COUNTY with a valid, current mailing address and telephone number for receipt of notice herein. SECTION 10. FEES, CHARGES AND DEPOSITS LICENSEE shall pay, in accordance with the provisions of this LICENSE, the following fees, charges, and deposits: A. Payment 1. LICENSEE shall pay to COUNTY the monthly fee set forth in the Schedule of Fees and Charges adopted, by the Board of Supervisors for each month or part thereof, that this LICENSE is in effect, computed as set forth in the Schedule of Fees and Charges. 2. The monthly fee shall be due and payable, in advance, on or before the first day of each month, except that the first month's fee shall be tendered upon execution of this LICENSE. 3. Payments shall be made to the COUNTY of Santa Clara, Roads & Airports Department, I 0 I Skyport Drive, San Jose, CA 95110, or other place as COUNTY may designate, and are due without demand and without notice, counterclaim, deduction or setoff. Payments shall be deemed delinquent (and a "delinquency" shall have occurred) if not received by COUNTY by the tenth (lOth) day of the month in which fees are due. LICENSEE acknowledges that the late payment of this fee may cause COUNTY to incur costs not contemplated by this LICENSE. The sum specified in the Schedule of Fees and Charges shall be assessed for any fees not received by the tenth (lOth) day of the month for which they are due. A processing fee shall be assessed for any checks returned by LICENSEE's financial institution for reason of insufficient funds. The assessment of a late fee shall be in addition to any other remedies the COUNTY may have under this LICENSE, or at law or in equity. Page 6 ofl3 Eff. 3/27//01 rev 120406 Exhibit 8 -8 B. Adjustment of Fees and Charges Fees and Charges for Assigned Spaces are established in a Schedule of Fees and Charges adopted by the Board of Supervisors of the COUNTY and may be revised from time to time. In addition, the Schedule of Fees and Charges shall be adjusted annually according to the Consumer Price Index (CPI). LICENSEE shall be required to pay, and LICENSEE hereby agrees to pay, the changed or revised Fees and Charges on the effective date thereof. Thirty days notice of any such change in Fees and Charges shall be provided in writing to LICENSEE by COUNTY. C. Hangar Security Deposit In addition to, and at the time of the first fee payment, LICENSEE desiring a hangar space shall deposit with the COUNTY, a sum equal to one month's parking fees as a security deposit against which COUNTY may deduct any delinquent fees, costs, charges (including but not limited to any late payment offees) resulting from the use of the Assigned Space at Airports. In no event shall a security deposit be less than the monthly fee, rounded to the nearest fifty (50) cents, for the hangar space being occupied. D. Maintenance LICENSEE shall maintain the Assigned Sp~ce in good condition. Upon expiration or termination of this LICENSE, LICENSEE shall return the Assigned Space to its original condition, less reasonable wear and tear. LICENSEE shall reimburse COUNTY for any damage done to the Assigned Space caused by LICENSEE's occupation or tenancy other than that due to normal use. In the event LICENSEE shall leave or allow to remain on the AIRPORT any garbage or other refuse or debris, said rubbish or garbage will be caused to be removed by COUNTY and the cost of said removal shall be paid by LICENSEE. Any portion of the security deposit remaining after termination of this LICENSE shall be returned to LICENSEE without interest. SECTION 11. COMPLIANCE WITH LAWS AND AIRPORT RULES AND REGULATIONS A. LICENSEE shall, at LICENSEE's sole cost and expense throughout the term of this LICENSE and any renewals thereof, abide by, and act in full compliance with this LICENSE and all present and future applicable statutes, laws, ordinances and codes of all governmental authorities as may have jurisdiction, as well as Airport Rules and Regulations and -security measures duly promulgated by COUNTY from time to time. B. By execution of this LICENSE, LICENSEE acknowledges receipt of a current copy of the Airport Rules and Regulations, and agrees to abide by such Airport Rules and Regulations as may be modified from time to time. COUNTY agrees to furnish LICENSEE with an updated copy of the Airport Rules and Regulations whenever modified. Eff. 3/27/01 rev 120406 Page 7 of 13 Exhibit 8 -9 COUNTY OF SANTA CLARA SECTION 12. INDEMNITY By accepting this LICENSE, LICENSEE hereby agrees to the fullest extent permitted by law, to defend, indemnity, protect, and hold harmless COUNTY, its officers, agents and employees from and against any and all claims, demands, damages, obligations, suits, judgments, penalties, proceedings, causes of action, losses, liabilities, or costs (including but not limited to fmes) at any time received, incurred, or accrued by the COUNTY, its officers, agents or employees, as a result of, or arising out of, in whole or in part, directly or indirectly, the existence of or exercise of the rights or obligations of LICENSEE under this LICENSE, including, but not limited to, LICENSEE's use of the Assigned Space or AIRPORT, or the conduct of its business~ or from any activity, work, or things done, permitted or suffered by LICENSEE, its agents, contractors, employees or invitees in or about the Assigned Space or elsewhere, except as may arise from the willful misconduct or active negligence of COUNTY, its officers, agents or employees. LICENSEE hereby agrees to further indemnity and hold harmless COUNTY against and from any and all claims arising from any breach or default in the performance of any obligation on LICENSEE's part to be performed under the terms of this LICENSE, or arising from any act, neglect, fault or omission of LICENSEE, or of its agents, employees or invitees. SECTION 13. WAIVER OF CLAIMS As a material part of the consideration to be rendered to COUNTY of this LICENSE, LICENSEE hereby waives any and all claims or causes of action against COUNTY, its officers, agents, or employees which it may now or hereafter have for damages or theft of LICENSEE's aircraft or other property in, about, or on AIRPORT, and for injuries or death to persons in, about, or on AIRPORT, from any cause or causes arising at any time out of the use or parking of LICENSEE's aircraft or other property at AIRPORT, except as may arise from the active negligence or willful misconduct of COUNTY, its officers, agents or employees, or from a known dangerous condition of public property as specified in Government Code Section 835 et seq. SECTION 14. BAILEE DISCLAIMER LICENSEE acknowledges and agrees that COUNTY has granted its permission for use of the Assigned Space only for the purposes and in accordance·with the provisions of this LICENSE. By entering into this LICENSE, COUNTY is not agreeing in any manner to accept obligations or responsibility for the safekeeping of the aircraft or other property of LICENSEE or of LICENSEE's agents, contractors, officers, employees or invitees. This LICENSE is not a contract for bailment and COUNTY in no manner whatsoever purports to be a bailee. SECTION 15. TAXES AND ASSESSMENTS A. LICENSEE shall pay before delinquency any and all taxes, assessments, licenses, fees and other public charges, which may be levied, assessed or imposed upon LICENSEE. Payment of any taxes, assessments, licensee, fees, or other public charges shall not in any manner reduce the fees and charges owed by LICENSEE to COUNTY pursuant to this LICENSE. B. LICENSEE acknowledges and agrees that this LICENSE may create a real property possessory interest that may be subject to real property or other taxation, and that LICENSEE shall be subject to, and liable for, the payment of any taxes levied on such interest. No such possessory interest tax, or any other tax, shall reduce or constitute a substitute for the fees or charges required to be paid, as a condition of this LICENSE or as otherwise required by COUNTY. LICENSEE agrees to pay all such taxes when due. C. LICENSEE shall defend, protect, indemnify and hold COUNTY free and harmless from any and all liability, loss, or damage resulting from any taxes, assessments, or other charges required by, or relating to, this LICENSE to be paid by LICENSEE, and from all interests, penalties, and other sums imposed thereon, and from any proceedings to enforce collection of any such taxes, assessments, or other charges. Page 8 of13 Eff. 3/27//01 rev 120406 Exhibit B -1 0 SECTION 16. LICENSEE NOT AN AGENT OF COUNTY Neither issuance of this LICENSE, nor any acts of LICENSEE under this LICENSE, shall in any way constitute LICENSEE as an agent, contractor, partner, or employee of COUNTY for any purpose. SECTION 17. DEFAULT The occurrence of any one of the following events shall constitute Default thereunder by LICENSEE: A. Failure to timely pay any fees, charges, or deposits required to be paid to COUNTY as specified in Section 10 of this LICENSE entitled "Fees, Charges and Deposits." B. Repeated late payments of any "Fees, Charges and Deposit" as specified in Section 10 herein. "Repeated late payment" is defined herein as three (3) delinquent payments (per Section 10.A) within a twelve (12) month period. C. Failure to maintain in full force and effect the minimum insurance coverages specified in Section 6 of this LICENSE entitled "Insurance." D. Failure to maintain an ownership interest in the designated primary aircraft. E. Failure to conform to, or the violation of, any of the material terms, conditions or provisions contained in this LICENSE. SECTION 18. TERMINATION OF LICENSE This LICENSE may be terminated in accordance with the following: A. In the event of any Default by LICENSEE as set forth in Sections 17. B, C, D, orE above, in addition to any other remedies available at law or in equity, DIRECTOR may (on behalf of COUNTY), issue a Thirty (30) Day Notice of Termination of this LICENSE. In the event of default as set forth in Section 17. A above, DIRECTOR may issue a Three (3) Day Notice to Pay or Quit. B. This LICENSE is revocable, and COUNTY may terminate this LICENSE as provided by law. C. LICENSEE may, at any time upon thirty (30) days advance written notice to COUNTY, terminate this LICENSE. Upon termination LICENSEE is required to promptly remove all personal property from the Assigned Space within the time set forth in the written Notice of Termination. If LICENSEE fails to remove said personal property, the COUNTY will take necessary action to remove or dispose of the hangar, aircraft, other property which may be located therein, at the expense of LICENSEE, as permitted by law. LICENSEE shall pay COUNTY all fees and charges owed as of the date of removal or termination, whichever is later, computed at the daily rate currently in effect. SECTION 19. WAIVER No waiver of default by either party of any of the terms, conditions, and provisions of this LICENSE shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, conditions, and provisions contained herein, to be kept and observed by the other party. The consent or approval by one party to the act of the other party shall not be deemed to waive or render unnecessary the need for consent or approval of any subsequent, similar act. SECTION 20. CONSENT/NOTICES A. Whenever in this LICENSE the approval or consent of a party is required, such approval or consent shall be in advance, in writing, and shall be executed by a person having the express authority to grant such approval or consent. · B. Except as provided in Section 9 above, all written notices given in accordance with this LICENSE shall be effective when personally delivered or after five (5) working days upon deposit in the U.S. mail, certified or registered, postage prepaid, to the address of record as set forth in the Agreement Summary or to such other address as either party shall designate in writing. Eff. 3/27/01 Page 9 of 13 Exhibit B -11 COUNTY OF SANTA CLARA SECTION 21. SEVERABILITY Any provisions of this LICENSE which shall prove to be invalid, void or illegal, shall in no way affect, impair or invalidate any other provision hereof and such other provisions shall remain in full force and effect. SECTION 22. EXHIBITS Any Exhibits attached to this LICENSE are incorporated herein by this reference as though fully set forth herein. Witness the execution of this LICENSE as of the dates set forth below: COUNTY: By: Title: --------------- Date: _______________ _ ACCEPTANCE The undersigned as LICENSEE hereby agrees, in consideration of this LICENSE, to perform and abide by the terms, conditions, restrictions, and obligations of this LICENSE. Date of Acceptance: _____________ _ Account Number: ________________ _ Account Name: Print Name Signature ·Date Title Print Name Signature Date Title Print Name Signature Date Title Print Name Signature Date Title Print Name Signature Date Title Page 10 of13 Eff. 3/27//01 rev 120406 Exhibit B -12 EXHIBIT A AGREEMENT SUMMARY (page 1) LICENSEE(s) Name(s): ------------------------ Account Number:---------.....--Space Number:---------- HOME ADDRESS (Primary Address if more than one. May NOT be a PO Box or Suite) Street Address: City, State, Zip: Phone 1: Phone 2: Email1: Email2: BILLING ADDRESS (Complete only if different from Home Address) Attention: Street Address: City, State, Zip: Phone 1: Phone 2: PERSONAL INFORMATION (For All Applicants-Attach Additional Sheets if Necessary) Name as it appears on Drivers License:-------------------- Issuing State: ____ _ DL Number: ________ _ Expiration _____ _ Name as it appears on Drivers License:-------------------- Issuing State: ____ _ DL Number: ________ _ Expiration _____ _ Name as it appears on Drivers License:-------------------- Issuing State: ____ _ DL Number: ---------Expiration------ For Airport Operations Use Only Moved In Date:, ________ Position on Waiting List (if applicable): ____ _ Receipt#:, _______ $: _______ Deposit Amount$: ______ _ Eff. 3/27/01 rev 120406 Page 11 ofl3 Exhibit 8 -13 EXHIBIT A AGREEMENT SUMMARY (page 2) PRIMARY AIRCRAFT INFORMATION: N Number: ______ _ Make: ----------Model: ______ _ Color: --------Year: ----------Gross Weight: ------- ADDITIONAL AIRCRAFT INFORMATION: N Number: ______ _ Manufacture: _________ _ Model: ______ _ Color: --------Year: ----------Gross Weight: ------- OwnersName: -------------------------------- Address: City, State, Zip ------------------------------- Phone 1: Phone2 ______________ _ Email: Approved by County Airports Director Date ----~--- N Number: -------Manufacture: ----------Model: ______ _ Color: _______ _ Year: _________ _ GrossWeight: ------- OwnersName: ------------------------------- Address: City, State, Zip ------------------------------- Phone 1: Phone2 ______________ _ Email: Approved by County Airports Director Date -------- Attach Additional Sheets if Necessary Page 12 of 13 Eff. 3/27/0 I Exhibit B -14 EXHIBITB GENERAL AVIATION INSURANCE REQUIREMENTS AT COUNTY AIRPORTS A LICENSEE shall procure and maintain for the duration of the LICENSE, insurance against claims for injuries to persons, or damages to property, which may arise from or in coimection with LICENSEE's operation or use of the Assigned Space or AIRPORT. The cost of such insurance shall be borne by LICENSEE. A. MINIMUM INSURANCE COVERAGE AND LIMITS Aircraft Liability Insurance providing coverage for bodily injury and property damage with a combined single limit of not less than $1,000,000 per occurrence, including not less than $100,000 per passenger limit. B. DEDUCTIBLE AND SELF-INSURED RETENTION Any· deductible or self-insured retention greater than $25,000 must be declared to and approved by AIRPORT AUTHORITY and the COUNTY Insurance Manager. C. OTHER INSURANCE PROVISIONS The aircraft liability policy is to contain, or be endorsed to contain, the following provisions: The COUNTY Airports and the COUNTY, their officials, employees, agents, contractors, and volunteers are added as additional insured parties with respect to operation of the named insured at, or from, the COUNTY Airport or the Assigned Space occupied and used by the named insured pursuant to the LICENSE issued by the COUNTY. The named insured's insurance coverage shall be primary insurance as respects the COUNTY, its officials, employees, agents, contractors and volunteers for liability arising out of the named insured's operations. Any insurance or self-insurance maintained by the COUNTY, its officials, employees, agents, contractors or volunteers shall be excess of the named insured's insurance and shall not contribute with it. Coverage shall state that the LICENSEE's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. This insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by mail has been given to COUNTY. Cancellation of coverage for a non-payment of premium will require thirty-(30) days written notice to the COUNTY Aviation Division. The thirty (30) day written notice is not required if the LICENSE is terminated and the aircraft is immediately removed from the Airport, or if the aircraft is sold and immediately removed from the Airport. D. ACCEPTABILITY OF INSURERS All insurance required by this LICENSE shall be placed with a carrier with an AM Best rating of A V or better. E. VERIFICATION OF COVERAGE LICENSEE shall furnish AIRPORT AUTHORITY with certificates of insurance necessary to satisfy DIRECTOR that the insurance requirements of this LICENSE have been met. Proof of or changes in insurance shall be mailed or faxed to: County Airports Administration 2500 Cunningham A venue San Jose CA 95148-1001 Phone 408-929-1060 Fax 408-929-8617 F. CANCELLATION Failure to maintain required insurance coverage shall result in termination of this LICENSE. Page 13 ofl3 Exhibit B -15 Eff. 3/27/01