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Airport Advisory Committee

Regular Meeting

Fremont, NE · August 16, 2024

AgendaMinutes

Minutes

AIRPORT ADVISORY COMMITTEE Meeting Minutes: August 16th, 2024 1. Meeting called to order with Open Meetings Act announcement. Meeting was called to order at 8:17 A.M. Open Meeting Act is posted on the wall of the Airport Terminal, the Act Poster was pointed out to those in attendance. 2. Roll call. Board Members Present: Mitch Schneringer, Levi Entz, Robert Steenblock, Vic Roeder, Dave Mitchell, Alison Adams, and Jeff Peterson. Absent members: Kirk Diers and Stan Darling. 3. Approval of the July 19th, 2024 meeting minutes. Motion by Jeff Peterson and seconded by Levi Entz to approve. Motion passed by vote of members: Jeff Peterson, Levi Entz, Mitch Schneringer, Robert Steenblock, Vic Roeder, Dave Mitchell, and Alison Adams. Absent Members: Kirk Diers and Stan Darling. 4. FBO Runway Rehab Analysis. a. The City finance department looked at comparative data during the months the runway was closed this year 2024 to 2023 when the runway was not closed. Data stated a $8,643.62 loss for FBO Fremont Aviation LLC due to the runway closure. The City would like to reimburse Fremont Aviation LLC for loss of income during the recent closure. This would require a motion from the committee to send to City Council for approval. b. Motion made by Dave Mitchell and seconded by Alison Adams to make a request to City Council to approve reimbursement of funds in the amount of $8,643.62 to Fremont Aviation LLC. Motion passed by vote of members: Dave Mitchell, Alison Adams, Mitch Schneringer, Levi Entz, Robert Steenblock, Vic Roeder, and Jeff Peterson. Absent members: Kirk Diers and Stan Darling. 5. Review Draft of Land Lease/Private Build Contract. a. The draft was reviewed by the committee and Jody Sanders went over changes. Discussion point on lease agreement clauses for aviation only and any FAA requirements that will need to be followed. Discussion point on building specifications. This would require a motion from the committee to receive the updates into the record. b. Motion made by Levi Entz and seconded by Jeff Peterson to receive draft into the record. Motion passed by vote of members: Levi Entz, Jeff Peterson, Mitch Schneringer, Robert Steenblock, Vic Roeder, Dave Mitchell, and Alison Adams. Absent Members: Kirk Diers and Stan Darling. 6. Update on Seeding Near Runway. a. Closure dates and duration for the end of August were discussed. Discussion point on opening runway on weekends and contractor’s off hours, but there is no availability for staff and equipment available to properly sweep the runway to accommodate that. b. Discussion point on pushing date back into September. It was confirmed by Cari Hoffart that would void the warranty on the seeding. This will require a motion to keep the scheduled August closure dates or move closure to September. Cari will also handle all notams related to closure and reopening. c. Motion by Alison Adams and seconded by Jeff Peterson to keep the currently scheduled seeding in August to ensure warranty is not voided. Motion passed by vote of members: Alison Adams, Jeff Peterson, Mitch Schneringer, Levi Entz, Robert Steenblock, Vic Roeder, and Dave Mitchell. Absent members: Kirk Diers and Stan Darling. 7. Rotary Club Fly-In Breakfast September 8th 7:30 A.M. to 12:30 P.M. Fly-In Breakfast will be held at the Taylor & Martin hangar. 8. Revolving Hangar Loan Application Results. Cari Hoffart confirmed that the City was granted full ask and official documents will be back soon. 9. Action Items to Discuss – None. Jeff Peterson discussed talking to Fremont Public Schools about adding an aviation program now that the trade program has been established. 10. Discussion of Maintenance Items. a. Framing and woodwork repairs on older hangar doors. -Actively working on Hangar H. b. Trees in hayfield. -The City is in contact with the individual baling hay and once the bales are removed the Street Department will address the volunteer trees. There is a bale reported to be in the clearance area and that will be reported to the individual who baled the hay to remove promptly. c. Levi Entz discussed that the papis on 1-4 are not working. d. Discussion point on turkey vultures coming back to the AWOS. Will continue to address. 11. Adjournment. Motion by Jeff Peterson and seconded by Mitch Schneringer to adjourn. Motion passed by vote of members: Jeff Peterson, Mitch Schneringer, Levi Entz, Alison Adams, Vic Roeder, Robert Steenblock, and Dave Mitchell. Absent Members: Kirk Diers and Stan Darling. Meeting adjourned at 9:12 A.M.

Agenda

AIRPORT ADVISORY COMMITTEE August 16th, 2024 8:15 A.M. Fremont Municipal Airport Terminal Building West 23rd Street, Fremont, Nebraska 1. Meeting called to order with Open Meetings Act announcement. 2. Roll call. 3. Approval of the July 19th, 2024 meeting minutes. 4. FBO Runway Rehab Analysis. 5. Review Draft of Land Lease/Private Build Contract. 6. Update on Seeding Near Runway. 7. Rotary Club Fly-In Breakfast September 8th 7:30 A.M. to 12:30 P.M. 8. Revolving Hangar Loan Application Results. 9. Action Items to Discuss – None. 10. Discussion of Maintenance Items. a. Framing and woodwork repairs on older hangar doors. b. Trees in hayfield. 11. Adjournment. The agenda was distributed to the Mayor, City Council, and Advisory Committee members on August 13th, 2024. The official current copy is available at City Hall, 400 East Military, Public Works Department Office. The Advisory Committee reserves the right to go into Executive Session when necessary. A copy of the Open Meeting Law is posted at the Airport terminal building for review by the public. The Board reserves the right to adjust the order of items on this agenda. LEASE AGREEMENT This Lease Agreement made this _______ day of _______, 2024, between the CITY OF FREMONT, Nebraska, a municipal corporation, hereinafter referred to as the "City", and ____________, a Nebraska corporation, hereinafter referred to as the "Lessee". 1. The City hereby leases to the Lessee a tract of land in the Northeast portion of the airport property more particularly described as follows: A tract of land in the Northeast Quarter of the Northwest Quarter.(NE ¼NW·¼) of Section __ Township 17 North, Range 8 East of the 6th P.M., Fremont, Dodge County, Nebraska, more particularly described as follows: Commencing at a point 2203.5 feet North of the North Line of Linden Avenue and 600.0 feet West of the West Line of Airport Road, thence N 00-00-00E' (bearing assumed and all other bearings are relative thereto) a distance of 475.0 feet along a line 600.0 feet West of and parallel to the West Line of Airport Road to the Point of Beginning. Thence N 89°45'00"W a distance of 35.0 feet along a line 2678.5 feet North of the North Line of Linden Avenue; thence N 00°00'00"E a distance of 115.0 feet; thence S 89°45'00"E a distance of 120.0 feet; thence S 00°00'00"W a distance of 115.0 feet; thence N 89°45'00"W a distance of 85.0 feet to the Point of Beginning, containing 0.317 Acres more or less. 2. The leased property shall, in all events, include access to the property from Airport Road on the East, either directly or indirectly. 3. The property is leased for use for hangar purposes, and the Lessee has permission to construct thereon a hangar consisting of a steel building approximately 80 feet by 80 feet, to be built upon concrete floor reasonably suitable for airplane hangar purposes and to accommodate light to medium weight airplanes similar substantially to those now hangered on other portions of the airport property, and the Lessee also has permission to construct a concrete apron approximately 3,375 square feet in area and rectangular in shape connecting the building floor to a proposed north/south taxiway. The Lessee also has access for its plane or planes, and for its sublessees, if any, from the hangar to other airport facilities. 4. This Lease shall be for a term of 20 years from the 1st day of August 2024, to the 31st day of July , 2054, inclusive, with the option to renew for additional ten (10) year terms upon giving the City notice in writing of its intention to extend, at least three (3) calendar months prior to the termination of the initial term and any option if extended. The notice in writing shal1 be addressed to the City Clerk and may be delivered in person or by registered mail. 5. The parties recognize that the installation of the hangar building will be a substantial improvement to the airport property and will result in enhanced use of the City's airport, for which reason the parties agree that the rental shall be the sum of $200.00 per month payable $200.00 upon the execution of this Lease and a further sum 1 _____initial of $200.00 per month upon exercise of an option to renew aforesaid, provided that Lessee shall pay for fire and extended coverage insurance on the hangar, in addition to insurance required in paragraph 6 hereof, during the optional ten (10) year periods of extension. Said insurance shall be in an amount not less than $1,000,000.00. The Lessee shall be responsible for any deductible on the fire and extended coverage insurance. 6. The Lessee shall maintain liability insurance protecting itself, with the City as an additional assured on its liability policy, with limits of $1,000,000 combined single limit per occurrence for bodily injuries and property damages and $5,000,000 annual policy aggregate for all occurrences. 7. The parties agree that while this Lease remains in effect the hangar building to be constructed by the Lessee shall be deemed to remain personal property notwithstanding it may be attached to the real estate. 8. The City shall be responsible for the removal of snow from access roadways from the Airport Road and the Lessee shall be responsible for expense in installing and maintaining such access other than snow removal. 9. The Lessee will peaceably deliver and surrender possession of the leased property to the City on termination of this Lease. 10. The Lessee shall have the right to sell the improvements upon the real estate and to assign or sublease this Lease upon reasonable consent of the Lessor, which consent shall not be unreasonably withheld. Lessee shall not mortgage or pledge this Lease. Lessee shall have the right to store on its leased premises airplanes of others. 11. The Lessee shall not engage in any business on the premises except such storage of airplanes, including airplanes of others, and minor maintenance activities incidental thereto. The lessee shall install no advertising or signs upon the premises, other than a sign or signs of reasonable size identifying its hangar as its property. 12. If the hangar to be constructed on the premises by Lessee is destroyed or substantially damaged by fire or other unavoidable casualty so that the same shall be unfit for occupancy or use for its purposes, then the Lessee shall have the option either to restore the building or to terminate this Lease by notice to the City Clerk within 60 (sixty) days after the happening of such event. 13. The covenants and agreements herein contained shall extend to and be binding upon the successors and assigns of the parties hereto. 14. Regulations. In addition to the terms of this Lease, Lessee agrees to abide by applicable local ordinances, fire codes and building codes for any approved constructed buildings. Furthermore, Lessee agrees to abide by the Airport Rules and Regulations. The City may amend the Airport Rules and Regulations from time to time as may be required by governmental rule or regulation or best airport management practices. However, any proposed amendments shall be first presented and discussed in open session at a regular or 2 _____initial special meeting of the Fremont Airport Advisory Board at which time good faith discussions concerning such proposed amendments will take place between City, Fremont Airport Advisory Board, participating hangar owners and members of the public. The City may thereafter proceed to adopt, or decline to adopt, such proposed regulation(s) or amended versions of the same. In the event Lessee determines that any newly adopted regulation materially interferes with the Lessee’s use of the land, then Lessee shall have the option to terminate this Lease which must be exercised within 90 days of the adoption of the new regulation(s) by the City. 15. Federal Aviation Administration Provisions. A. Landing Area – The City reserves the right (but shall not be obligated to the Lessee) to maintain and keep in repair the landing area of the Airport and all publicly owned facilities of the Airport, together with the right to reasonably direct and control all activities of the Lessee in this regard. B. Improvements – The City reserves the right further to develop or improve the landing area and all publicly owned air navigation facilities of the Airport as it sees fit. C. No Interference – It is understood and agreed that the rights granted by this Lease will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the Airport. D. Wildlife – The Lessee shall not engage in any activities that have the potential to attract wildlife to the Airport. E. Subordination of Lease – This Lease shall be subordinate to the provisions of any existing or future agreement between the City and the United States of America, the Nebraska Department of Transportation – Division of Aviation or any agency thereof relative to the operation, development or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the Airport. The City will make reasonable efforts to ensure that no such agreement shall unreasonably interfere with the Lessee’s use and occupancy of the Airport under this Lease. F. Non-Discrimination - Lessee agrees that, (i) No person on the grounds of race, creed, color, sex, disability or national origin shall be subjected to discrimination in the use of the facilities; and, (ii) Lessee shall use the Hangar in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Program of the Department of Transportation, as such regulations may be amended. G. Exclusive Right – It is hereby understood and agreed that nothing contained in this Lease shall be construed to grant or authorize any exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958, as amended. H. Federal Aviation Act – The Lessee agrees to comply with the provisions of the Federal Aviation Act of 1958 (40 U.S.C. 1349 (a)), and any future amendments or revisions thereof, any rules or regulations promulgated thereunder and any provisions of any agreements providing federal assistance for development of the Airport entered into by the City and the United States of America or its agencies. 3 _____initial I. This lease is subject to immediate cancellation in the event of repossession by the Department of Aeronautics, State of Nebraska, or the FAA. 16. Miscellaneous. A. This lease shall be governed by Nebraska law and any unresolved disputes shall be subject to the exclusive jurisdiction of the County or District Courts of Dodge County, NE. B. This Lease contains the entire agreement of the parties and, with the exception of the Airport Rules and Regulations, may not be amended in the absence of further written agreement of the parties. 17. Other Terms. ________________________________________________________ 4 _____initial IN WITNESS WHEREOF, the parties hereto have caused the due execution hereof as of the day and year first above written. CITY OF FREMONT, Lessor By: ______________________, Lessor _____________________, Lessee _____________________, Lessee __________________________________ Name Title 5 _____initial

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