City Council

3A City of Sand Springs Agenda Form Meeting Date:____________ APR 22 2025 Agenda:_______________ CC & MA Item:____________ Pull Down No Signature Items:__________ City Manager Michael S. Carter Presented by:____________________________ Review of applications for____________________________________________________ Subject:____________________ Sand Springs City Councilor seat vacancy for Ward 4. 3A Item #:_____________ Cost:_________BBBB Pull Down Recommendation:____________________ )LQDQFH5HYLHZ: Pull Down Pull Down /HJDO5HYLHZ: 'HSDUWPHQW+HDG5HYLHZPull Down 6\QRSVLV: Review and discussion of applications for Ward 4 City Councilor. Item is for discussion only, to be voted on April 28, 2025 regular City Council meeting. Details: $WWDFKPHQWV: Applications: Erik Stuckey, Mayo L. Baugher, Richard Barnett, and Troy Cox  3B City of Sand Springs Agenda Form Meeting Date:____________ APR 22 2025 Agenda:_______________ City Council Item:____________ Pull Down No Signature Items:__________ City Manager Michael S. Carter Presented by:____________________________ Review and discussion of____________________________________________________ Subject:____________________ Oklahoma Municipal Assurance Group (OMAG) - 2025 Board Election Item 3B #:_____________ Cost:_________BBBB N/A Recommendation:____________________ )LQDQFH5HYLHZ: No No /HJDO5HYLHZ: 'HSDUWPHQW+HDG5HYLHZYes 6\QRSVLV: Review and discussion of candidates of the Oklahoma Municipal Assurance Group (OMAG) 2025 Board of Trustees. Details: The City of Sand Springs/Sand Springs Municipal Authority participates in OMAG's Municipal Liability Protection Plan, Municipal Liability Property Protection Plan, and the Municipal Workers' Compensation Plan. OMAG's Board of Trustees is comprised of seven members, elected by municipalities which participates in the various municipal plans OMAG offers. Board members serve a three year term and are elected on a rotating basis, two members in the first and second years and three members in the third year. Board members meet on a monthly basis. The OMAG 2025 Board Election is for two (2) Trustees for a three (3) year term beginning July 1, 2025. Administrative staff will provide a recommendation for consideration. $WWDFKPHQWV: OMAG Ballot Candidate Letters (Patterson, Grigg-Moak, Casteen, and McClure)  /-i` 7heofy-ot City Clerk EL RENO (405) 295-9310 101 N Choctaw Ave. P.O. Drawer 700 /§6 gnd to be hde. EI Reno, Oklahoma 73036 March 31, 2025 Dear Mayors, Council Members, City Managers, and City Clerks of OMAG Member Cities and Towns: I would like to take the opportunity to reintroduce myself. My name is Lindsey Grigg-Moak, City Clerk for the City of EI Reno and I am a candidate for the OMAG Board of Trustees. I began my career with the City of EI Reno in April of 2008 as the Deputy City Clerk and became City Clerk in 2011. I am a member of the state and national clerk and treasurer associations having the mastered/advanced accreditatl.ons that the natl.onal Association of Public Treasurers and International lnstl.tute of Municipal Clerks offer. I have a Master of Science in Management from Southwestern Oklahoma State University. I was selected as City Employee of the Year in 2015, the OMCTFOA Member of the Year in 2018, nominated as Woman of the Year through OML in 2021 and received Woman of the Year in 2024. I married my best friend Chris Moak in December of 2021 and am now able to call his twin daughters, Kylie and Shelby, my own. I have been on two state boards serving clerks and Treasurers since 2016. I volunteer at each OML conference and am currently the OMAG board vice-chairman, serving on the board since August, 2021. I would be honored to continue serving as your advocate on the OMAG Board of Trustees. The opportunity to represent cities and towns across the State of Oklahoma is a dream and I would greatly appreciate your vote of support. Respectfully, fiREREERE  City of(BroR§ff (Bow (l'u6fic 'W� fl_utfwrity 'l(µ{R Chito P.nvironmenta[fl_utfwrity March 3, 2025 Re: Your Support Matters Re-Elect Vickie Patterson to the OMAG Board. Dear Mayor, Council Members, City Manager and City Clerk: 1 am honored to have served on the (OMAG) Oklahoma Municipal Assurance Group's Board of Trustees since August 2018, and I am a king for your support as I seek re-election. I began my career with the City of Broken Bow in 1997.1 worked my way up the ladder over the past 27 plus years, starting out as the Landfill Secretary, the Public Works Billing Clerk, City Clerk for 6 years, and for the pa t I 3 1/2 years as City Manager. It has been an honor to get to know and work with OMAG's team over the years for our city's insurance needs. Broken Bow participates in OMAG's general liability, property, and workers compensation plans. My experience as City Manager and as City Clerk has taught me that municipal budgets are tight. That is why I fully support OMAG's grant programs that help purchase much needed equipment, such as police body worn cameras and public works safety equipment. OMAG also provides scholarships to many conferences and educational opportunities allowing our municipal employees access to education that city and town budgets might not permit. I would greatly appreciate your vote and support in this election. 1 f you have any questions please don't hesitate to reach out. Thank you for your time and consideration. Respectfully, 1/tdd� Vickie Patterson City Manager, Broken Bow www.cityofbrokenbow.com citymgr@pine-net.com • l -580-580-2282 office 1-580-236-0352 cell 210 N. Broadway Street• Broken Bow, OK 74728 Phone. (580) 584-3407 • (580) 584-2282 • (580) 584-2885 • Fax (580) 584-6898 TOD 800-722-0353 • TTY 800-522-8506/voice or 711 • Web: www.c1tyofbrokenbow.com The City of Broken Bow Is an Equal Opponuntty Provider and Employer. In accordance with Federal law and the U S Depanment of Agriculture policy, this institution Is prohibited from discriminating on the basis of race, color, national ongrn, sex, age or d1sab1iity (Not all prohibited bases apply to all programs ) To file a complaint of d1scrim1nation, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S. W Washington, D. C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD) C6ffiwito£ POST OFFICE BOX 850. COWETA, OKLAHOMA 74429. PH (918) 486-2189. FAX (918) 486-5366 www.citvofcoweta-ok.gov April 1, 2025 City of Sand Springs P.O. Box 338 Sand Springs, OK 74063ro338 Dear Municipal Official, I am reaching out to seek your support for my candidaey for the Oklahoma Municipal Assurance Group (OMAG) Board of Trustees, representing local municipalities. As the City Manager of Coweta, I bring over 18 years of diverse experience in local government, having served in various roles across Oklahoma and Wisconsin. My career has included positions such as Licensing Specialist, Accountant Analyst, Budget Manager, Finance Director, City Clerk, HR Director, and Assistant City Manager. These roles have provided me with a comprehensive understanding of municipal operations and leadership. I am a native of Oklahoma and I hold a Bachelor of Science degree in Biology and a Master of Business Administration with a focus on Finance and Marketing. My combined experience in private industry and nearly two decades of public service gives me a unique perspective on the intersection of government and business. Over the years, I have gained a deep appreciation for the challenges faced by medium and small communities. If elected, I am committed to advocating for the needs of our municipalities and ensuring their voices are heard. One significant issue many of our communities face is sewer overflows. OMAG provides critical resources, including funding and technical assistance, to address and mitigate this costly problem. If elected, I will champion these and other essential programs that benefit our municipalities. Thank you for considering my candidaey. It would be an honor to represent our cities on the OMAG Board of Trustees and work to address the needs of our communities effectively. Best regards, • LLul cO,edtLan Julie Casteen City Manager, Coweta jcasteen@cityofcowetaok.gov (918) 500-1354  Candidate Letter - Daniel Mcclure Jr. Dear Municipal Members of the Oklahoma Municipal Assurance Group (OMAG), I am writing to respectfully request the City/Town's support for my candidacy for election to the OMAG Board. With a deep-rooted passion for strengthening local communities and extensive experience in municipal governance, I believe I am well-suited to contribute to the mission of OMAG. Presently I live in MCLoud with my wife Stormy and three small kiddos. I love what living in a close knit community and small town atmosphere brings to our family and I want to help other communities across the State to continue to have strong communities that we all love and are proud of! Over the past decade, I have devoted myself to advocating for robust and responsive local governments. My journey began on the local parks board and progressed through various elected and appointed positions, including serving as Mayor of MCLoud as well as the Vice-Mayor and City Councilman in Midwest City. Previously, I have also served as the General Counsel for the Oklahoma Municipal League as well as a municipal attorney for numerous local governments statewide. I have focused my efforts with the aim of fostering strong and resilient communities. My educational background includes a Juris Doctorate from Oklahoma City University School of Law, where I graduated Cum Laude as a Hatton W. Sumners Scholar, a Masters in Public Administration from the University of Oklahoma, and dual Bachelors degrees in Economics and Political Science from the University of central Oklahoma. I am committed to the belief that the government closest to the people is the most responsive and effective. My experience working on successful economic development projects, serving as legal counsel on numerous complex legal municipal issues, as well as chairing various special projects has equipped me with the skills and insights necessary to support the varied needs of Oklahoma municipalities. I am eager to bring my experience and vision to the OMAG Board. I respectfully ask for your support and vote in this upcoming election. Together, we can continue to build strong municipalities throughout the State of oklahoma. Thank you for your consideration! Sincerely, tanmccbe hi. Daniel Mcclure Jr. Mayor of MCLoud Oklahoma  3C City of Sand Springs Agenda Form Meeting Date:____________ APR 22 2025 Agenda:_______________ CC & MA Item:____________ Pull Down Pull Down Signature Items:__________ City Manager Michael S. Carter Presented by:____________________________ Review and discussion proposed Subject:____________________ changes to the Master Fee Schedule ____________________________________________________ 3C Item #:_____________ Cost:_________BBBB Pull Down Recommendation:____________________ )LQDQFH5HYLHZ: Pull Down Pull Down /HJDO5HYLHZ: 'HSDUWPHQW+HDG5HYLHZPull Down 6\QRSVLV: Review and discussion of proposed changes to the Master Fee Schedule relating to utility rates outside of the city limits. Details: $WWDFKPHQWV:  3D City of Sand Springs Agenda Form Meeting Date:____________ APR 22 2025 Agenda:_______________ Municipal Authority Item:____________ Pull Down Yes Signature Items:__________ Ken Madison Presented by:____________________________ Proposed Specialized Aviation Subject:____________________ Service Operation License Agreement Horizon Aviation, LLC ____________________________________________________ Item 3D #:_____________ Cost:_________BBBB N/A Approval Recommendation:____________________ )LQDQFH5HYLHZ: Yes Yes /HJDO5HYLHZ: 'HSDUWPHQW+HDG5HYLHZYes 6\QRSVLV: Review and discussion of Specialized Aviation Service Operation (SASO) License Agreement with Horizon Aviation, LLC Details: BACKGROUND AND HISTORY: Attached is a proposed a Specialized Aviation Service Operation (SASO) License Agreement that shall permit Horizon Aviation, LLC to provide Flight Training and Aircraft Rental Services at Sand Springs-Pogue Airport EXECUTIVE SUMMARY The Airport Advisory Board reviewed this item at their April 10, 2025 meeting. This item was reviewed at the CC/SSMA Special Meeting on April 22, 2025 City Attorney David Weatherford has reviewed the proposed SASO License Agreement. BUGETARY IMPACT: Additional Revenue with Annual SASO Fee ($500.00) and 100LL Avgas fuel revenues COMPILED BY: Ken Madison APPROVED BY: Derek Campbell, P.E Airport Supervisor Public Works Director Attachments: $WWDFKPHQWV: Attachments: Proposed SASO License Agreement with Horizon Aviation, LLC  SAND SPRINGS MUNCIPAL AUTHORITY SAND SPRINGS - POGUE AIRPORT SPEICALIZED AVIATION SERVICE OPERATIONS LICENSE AGREEMENT This Agreement is entered into between the Sand Springs Municipal Authority (SSMA), a public trust organized under the laws of the State of Oklahoma and Licensee Horizon Aviation, LLC, hereinafter referred to as “Licensee”; RECITALS 1. Licensee is an approved Licensee of the SSMA in the East Side Aviation Development Area for the purpose of being an Specialized Aviation Service Operations (SASO).and requests SSMA to grant it a non- exclusive license to provide Aviation Services at Sand Springs - Pogue Airport (SSPA). NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained to be kept and performed by the parties hereto and upon the provisions and conditions hereinafter set forth, SSMA and Licensee do hereby agree as follows: ARTICLE I Definitions Section 1.1 Definitions. Throughout this Agreement, the following words shall have the following meanings, respectively, unless the context clearly shall indicate some other meaning: a. Agreement means this License Agreement between SSMA and Licensee; b. SSPA means Sand Springs – Pogue Airport (SSPA); c. SSMA means the Sand Springs Municipal Authority, a charter agency of the City of Sand Springs; d. City means the City of Sand Springs, Oklahoma, a Municipal Corporation; e. FAA means the Federal Aviation Administration of the United States, or any federal agency succeeding to its jurisdiction or function; f. FAR means Federal Aviation Regulations and shall include, but not be limited to, all regulations, policies, statements and directives promulgated or issued by the FAA. g. Governmental Requirements mean all federal, state, county and local laws, ordinances, rules, regulations, policies and procedures, security plans, standards, and rulings; including, but not limited to, all additions and amendments now in effect, or hereinafter enacted, as may be imposed by the FAA, TSA or any other governmental entity succeeding to the jurisdiction, functions, or responsibilities of either; SSMA; the City of Sand Springs, the State of Oklahoma, or other governmental entities authorized to enact rules, regulations, standards, or policies applicable to Licensee's use of the Airport and operation/utilization of the Leased Premises and improvements thereon. h. Term means the period of time that this Agreement shall be in effect as set forth in Section 2.1 (Term of Agreement.) i. TSA means the Transportation Security Administration of the United States, or any federal agency succeeding to its jurisdiction or function. 1  ARTICLE II Term Section 2.1 Terms of Agreement. The Term of this Agreement shall be for Five (5) years, commencing on the date of approval by the SSMA, unless otherwise terminated or canceled. In addition to the initial term, the parties agree to One (1) options, each with a minimum of five (5) years, provided, as of the effective date of termination or cancellation of this Agreement, all obligations which have been incurred by Licensee, or with respect to which Licensee shall be in default, shall survive such termination or cancellation. ARTICLE III Licensee’s Grants; Reservations Section 3.1 No Joint Venture or Partnership. This Agreement shall not be deemed or construed (a) to create any relationship of joint venture or partnership between SSMA and Licensee, (b) to give SSMA any interest in the business of Licensee, or (c) to grant to Licensee any powers as an agent or representative of SSMA, or the City, for any purpose or to bind SSMA or the City. ARTICLE IV USE OF FACILITIES Section 4.1 Services Provided. During such time as this Agreement shall be in effect, "Licensee” shall be entitled to operate an ASO at SSPA and shall have the non-exclusive right to conduct the following operations and/or services: A. Aircraft Flight Instruction and Training B. Aircraft Rental Section 4.2 General Use of the Airport. Subject to terms, conditions and covenants of this Agreement, Licensee shall be entitled to use, on a nonexclusive basis, public areas of the Airport. SSMA and SSPA reserve the right to close any means of ingress and egress, so long as other reasonable means of ingress and egress are available to Licensee. Section 4.3 Terminal Building: Licensee shall have scheduled use of the conference room in the Terminal Building. Scheduled use of the conference room shall be allowed during such times as the facilities are not needed for regular or special meetings of the Airport Advisory Board, for construction conferences or for Joint Airport Zoning Board meetings. Licensee use of the conference room and other public areas of the Terminal Building, including restrooms, halls, and concession area, shall not interfere with normal airport business, and Licensee shall require its clients, visitors, and employees to keep such areas clean and orderly after each use. Section 4.4 Responsibility for Security. SSMA, the City and SSPA shall not be responsible for any losses due to inadequate security, theft, vandalism, fire, and/or crime. (See also obligations imposed upon Licensee by Article 7 of this Agreement.) ARTICLE V Rentals, Fees and Charges Section 5.1 License Fee. Licensee shall pay an ASO Annual Operating License Fee to SSMA in the sum of Five Hundred Dollars ($500.00) for the privilege of operating at SSPA subject to its Sublease Agreement with SSMA tenant and its approval by SSMA Licensee shall pay the annual license fee on or before the 2 commencement date and all subsequent annual fees shall be paid in advance on or before the first day of January of each year of the license agreement. Section 5.2 Review of Rentals, Fees and Charges. The SSMA has the right to review all Rentals, Fees and Charges and increase rentals, fees and charges as deemed necessary and appropriate during the term of this License Agreement or at renewal thereof. TIE-DOWNS: Any Tie-Downs needed for owned and/or leased aircraft shall be rented at the rate for monthly tie-downs of $45.00 per month, which is subject to change from time to time. All such payments of rental of tie-downs shall be due and payment made without demand by the 25th day of the month. T-HANGARS: Any T-Hangar needed for owned and/or leased aircraft shall be rented at the standard rate for monthly hangars, which is subject to change from time to time. All such payments of rental of hangar shall be due and payment made by the 25th day of the month. A delinquent payment shall result in SSMA’s assessment of a late fee to Licensee in the amount of ten (10) percent of the delinquent fee. Licensee agrees that upon the Licensee’s failure to pay fees, as provided by this Agreement, within thirty (30) days of date due, the SSMA may at SSMA’s option, declare this Agreement at end and terminate the Agreement Section 5.3 License Contingent Upon Payment. The grant by SSMA of the rights, licenses, use of facilities, services and privileges to Licensee under this Agreement shall, in each case be subject to the payment of the fees and charges required to be paid by Licensee hereunder. Section 5.4 Place of Payments. All sums payable by Licensee hereunder shall be delivered to: Sand Springs Municipal Authority 100 East Broadway Sand Springs, Oklahoma 74063 Section 5.6 Delinquencies. A payment shall be considered delinquent if not paid by the 25th day of January for the ASO Annual Operating License Fee and the 25th day of each month for Fuel Royalty Fee or Other fees. A delinquent payment shall result in SSMA’s assessment of a late fee to Licensee in the amount of ten (10) percent of the delinquent fee. Licensee agrees that upon the Licensee’s failure to pay fees, as provided by this Agreement, within thirty (30) days of date due, the SSMA may at SSMA’s option, declare this Agreement at end and terminate the Agreement. ARTICLE VI Insurance and Indemnity Section 6.1. Indemnity - General. Licensee shall indemnify, protect, defend and hold completely harmless, SSMA, SSPA, and the City, and their trustees, officers, councilors, agents and employees from and against all liability, losses, suits, claims, judgments, fines or demands arising from injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including reasonable attorney fees, court costs, and expert fees), of any nature whatsoever arising out of or incident to this Agreement, Licensee's use or occupancy of the Leased Premises, the Airport, or the rights, licenses, or privileges granted Licensee herein, or the acts or omissions of Licensee's officers, agents, employees, contractors, subcontractors, licensees, or invitees, regardless of where the injury, death or damage may occur, unless such injury, death or damages is caused by the sole negligence of SSMA. SSMA shall give notice to Licensee of any such liability, loss, suit, claim or demand, and Lice shall defend the same using counsel 3 reasonably acceptable to SSMA. The provisions of this section shall survive the expiration or early termination of this Agreement. Section 6.2. Insurance. Licensee shall maintain in force during the Term and any extended period commercial general liability, bodily injury and property damage insurance in comprehensive form including but not limited to airport liability, aircraft liability, and broad form property damage with any excess liability in umbrella form, with such coverage and limits as reasonably may be required by SSMA from time to time, but in no event for less than the sum of One Million Dollars ($1,000,000) combined single limit on services provided. An insurer licensed to do business in the State of Oklahoma shall issue the insurance. Licensee agrees to maintain contractual liability insurance to insure Licensee's obligation to indemnify and hold SSMA, SSPA, and City, their councilors, trustees, agents, officers, servants, and employees harmless and in accordance with the indemnification provisions of this agreement. Concurrent with the execution of this Agreement, Licensee shall provide proof of insurance coverage by providing a certificate of Licensee's insurance coverage, a copy of the declarations page of the insurance policy, and a copy of all endorsement(s) applicable to the insurance required herein. The certificate(s) of insurance, or endorsement(s) attached thereto, shall provide that (a) the insurance coverage shall not be canceled, changed in coverage, or reduced in limits without at least thirty (30) days prior written notice to SSMA, (b) SSMA, SSPA, and the City, and their trustees, councilors, agents, officers, servants, and employees are named as additional insureds, (c) the policy shall be considered primary as regards any other insurance coverage SSMA or the City may possess, including any self-insured retention or deductible SSMA or the City may have, and any other insurance coverage SSMA or the City may possess shall be considered excess insurance only, (d) the limits of liability required therein are on an occurrence basis, and (e) the policy shall be endorsed with a severability of interest or cross-liability endorsement, providing that the coverage shall act for each insured and each additional insured, against whom a claim is or may be made in a manner as though a separate policy had been written for each insured or additional insured; however, nothing contained herein shall act to increase the limits of liability of the insurance company. Any deductibles must be declared in writing to and approved by SSMA. At the option of SSMA, either (a) the Licensee shall reduce or eliminate such deductibles as respects SSMA, the City, and their trustees, councilors, agents, officers, and employees or (b) Licensee shall procure a bond equal to the amount of such deductibles or self-insured retentions guaranteeing payment of losses and related investigations, claims administration and defense expenses (including attorneys' fees, court costs and expert fees). If the insurance coverage required herein is canceled, changed in coverage or reduced in limits, Licensee shall, within fifteen (15) days, but in no event later than the effective date of cancellation, change or reduction, provide to SSMA a certificate showing that insurance coverage has been reinstated or provided through another insurance company. Upon failure to provide such certificate, without further notice and at its option, SSMA either may, in addition to all its other remedies (a) exercise SSMA's rights as provided in the default provisions of this Agreement, or (b) procure insurance coverage at Licensee's expense whereupon Licensee promptly shall reimburse SSMA for such expense. ARTICLE VII Regulated Substances Section 7.1 Regulated Substance Compliance and Indemnity. Licensee shall not cause or permit any "Regulated Substance" as hereinafter defined, to be brought upon, generated, stored, or used in or about the Leased Premises by Licensee, its agents, employees, contractors, or invitees, except for such Regulated Substance of the type and quantity as is necessary to Licensee's business and with prior written notice to SSMA. Any Regulated Substance permitted on the Leased Premises as provided herein, and all containers 4 therefor, shall be used, kept, stored, and disposed of in a manner that complies with all federal, state and local laws or regulations applicable to this Regulated Substance. Licensee shall not cause or permit, release, discharge, leak, or emit, nor permit to be discharged, leaked, released, or emitted, any Regulated Substance into the atmosphere, ground, storm or sewer system, or any body of water, ditch, stream, if that Regulated Substance (as is reasonably determined by SSMA, or any governmental authority) does or may pollute or contaminate the same, or may adversely affect (a) the health, welfare, or safety of persons, whether located on the Leased Premises or elsewhere, or (b) the condition, use or enjoyment of the building, facilities or any other real or personal property. Licensee shall fully and timely comply with all applicable federal, state and local statutes, ordinances and regulations relating to protection of the environment, including, without limitation, 42 U.S.C. §6991-6991i. 1. Disclosure. At the commencement of each year of the term hereof, Licensee shall disclose to SSMA the names and approximate amounts of all Regulated Substance that Licensee intends to store, use, or dispose of on the Leased Premises in the first year of the Term hereof. In addition, at the commencement of each additional year of the Term hereof, beginning with the second year, Licensee shall disclose to SSMA the names and amounts of all Regulated Substances that were actually used, stored, or disposed of on the Leased Premises if those materials were not previously identified to SSMA at the commencement of the previous lease year. 2. Compliance Action. Licensee shall, at Licensee's sole expense, clean-up, remove, and remediate (1) any Regulated Substances in, on, or under the Leased Premises in excess of allowable levels established by all applicable federal, state and local laws and regulations, and (2) all contaminants and pollutants, in, on, or under the Leased Premises that create or threaten to create a substantial threat to human health or the environment and that are required to be removed, cleaned up, or remediated by any applicable federal, state, or local law, regulation, standard or order. This obligation does not apply to a release of Regulated Substances, pollutants, contaminants, or petroleum products that existed on the Leased Premises prior to the execution of the agreement caused solely by the act or omission of the SSMA or a third party for whom the operator is not responsible (e.g. not a customer, invitee, employee, agent, or person having any contractual or business relationship with Licensee). 3. Definition of Regulated Substances. Regulated Substances: As used herein, the term "Regulated Substances" means and includes any and all substances, chemicals, waste, sewage or other materials, which are now or hereafter regulated, controlled or prohibited by any local, state, or federal law or regulation requiring removal, warning or restrictions on the use, generation, disposal or transportation thereof, including, without limitation (a) any substance defined as a "hazardous substance", "hazardous material", "hazardous waste", "toxic substance", or "air pollutant" in the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. §9601 et seq., The Hazardous Materials Transportation Act (HMTA), 49 U.S.C. §1801 et seq., The Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et seq., Federal Water Pollution Control Act (FWPC), 33 U.S. §1251 et seq., or the Clean Air Act (CAA), 42 U.S.C. §7401 et seq., all as amended and amended hereafter; (b) any substance defined as a "hazardous substance", "hazardous waste", "toxic substance", "extremely hazardous waste", "RCRA hazardous waste", "waste", "hazardous material" or "controlled industrial waste", as defined in the Oklahoma Industrial Waste Disposal Act, 63 O.S. §1-2000 et seq.; (c) any Regulated Substance, hazardous substance, hazardous waste, toxic substance, toxic waste, hazardous material, waste, chemical, or compound described in any other federal, state, or local statute, ordinance, code, rule, regulation, order, decree, or other law now or at any time hereafter in effect, regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic, or dangerous substance, chemical, material, compound or waste. As used herein, the term Regulated Substance or "hazardous substances" also means and includes, without limitation, asbestos, flammable, explosive or radioactive materials; gasoline; oil; motor oil; waste oil; petroleum (including without limitation, crude oil, or any fraction thereof); petroleum based 5 products; paints and solvents; leads; cyanide; DDT; printing inks; acids; pesticides; ammonium compounds; polychlorobiphenyls; and other regulated chemical products. 4. Indemnity Non-Compliance/Notice of Violation. Licensee hereby fully agrees that it shall be fully liable for all costs and expenses related to the use, storage, and disposal of Regulated Substances kept on the Leased Premises by Licensee, and the Licensee shall give immediate notice to SSMA of any violation or potential violation of the provisions hereof. Without limiting any provisions of this Agreement, Licensee shall defend, indemnify, and hold harmless SSMA, SSPA, the City, and their trustees, councilors, officers, agents, and employees from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorneys' and consultants' fees, court costs, and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to (a) any liabilities, damages, suits, penalties, judgments and environmental cleanup, removal, response, assessment, or remediation costs, arising from actual, threatened or alleged contamination of the Leased Premises; (b) the presence, disposal, release, or threatened release of any such Regulated Substance that is on, from, or affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise; (c) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to that Regulated Substance; (d) any lawsuit brought or threatened, settlement reached, or government order relating to that Regulated Substance; or (e) any violation of any laws applicable thereto. The provisions hereof shall be in addition to any other obligations and liabilities Licensee may have to SSMA at law or equity and shall survive the transactions contemplated herein and shall survive the termination or expiration of this Agreement. Section 7.2 Survival of Provisions. The terms, conditions, provisions and requirements of this Article VII shall survive the expiration or earlier termination of this Agreement. ARTICLE VIII Governmental Requirements Section 8.1 Governmental Requirements - General. Licensee shall comply with all Governmental Requirements including the SSPA Minimum Standards for Commercial Operations, SSPA Rules and Regulations that are applicable to Licensee's use of the Airport and operation. Licensee shall also require its guests, invitees, and those doing business with it, to comply with all applicable Governmental Requirements. Section 8.2 No Liability for Exercise of Powers. Neither SSMA, SSPA, nor the City, shall be liable to Licensee for any diminution or deprivation of its rights which may result from the proper exercise of any power reserved to SSMA, SSPA, or the City in this Agreement; Licensee shall not be entitled to terminate this Agreement by reason thereof, unless the exercise of such power shall interfere with Licensee's rights hereunder so as to constitute a termination of this Agreement by operation of law. Section 8.3 Nondiscrimination. Licensee, and its successors in interest, and assigns, as a part of the consideration hereof, does covenant and agree hereby that Licensee shall operate its services in compliance with all requirements imposed pursuant to Title 49 CFR Part 21, (Non-discrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964), Part 23, (Participation by Minority Business Enterprises and DOT Programs) and Part 27 (Nondiscrimination on Basis of Handicap and Programs and Activities Receiving or Benefitting from Federal Assistance) and the regulations promulgated thereunder or may hereafter be amended. To the extent applicable, Licensee assures that it will under-take an Affirmative Action Program as required by 14 CFR Part 152, Subpart E, to ensure that, on the grounds of race, color, creed, national origin or sex, no person shall be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Licensee agrees that it will require that its covered suborganizations provide assurances to 6 SSMA that they similarly will undertake Affirmative Action Programs and that they will require assurances from their suborganizations as required by 14 CFR Part 152, Subpart E to this same effect. ARTICLE IX Events of Default Section 9.1 Events of Default Defined/Cure. The following shall be "events of default" under this Agreement, and the terms "events of default" or "default" shall mean, whenever they are used herein, any one or more of the following: a. Licensee shall fail to pay when due and owing any fees or charges payable hereunder and such nonpayment shall continue for thirty (30) days after written notice thereof by SSMA; b.Licensee shall (1) mortgage, pledge or encumber, any portion of its interest in this Agreement; or (2) transfer, sublease or assign, either voluntarily or by operation of law, any portion of its interest in this Agreement, except in accordance with the provisions hereof; c. Licensee shall terminate its corporate structure, except as permitted herein; d. Licensee shall file a petition requesting relief or institute a proceeding under any act, state or federal, relating to the subject of bankruptcy or insolvency; or an involuntary petition in bankruptcy or any other similar proceeding shall be instituted against Licensee and continued for ninety (90) days; or a receiver of all or substantially all of the property of Licensee shall be appointed and the receiver shall not be dismissed for thirty (30) days; or the Licensee shall make any assignment for the benefit of the Licensee's creditors; e. Licensee shall abandon, desert, or vacate the Licensed Premises voluntarily; f. Licensee shall breach any term, provision, condition, obligation or covenant under this or any other agreement to which Licensee and SSMA, Licensee and the Authority, or Licensee and City are parties; or g. Licensee shall fail to comply with insurance requirements imposed in Section 6.2 hereof. If Licensee commits an event of default as set forth in Subsections 9.1(b) through (g) hereof, and such failure shall continue unremedied for ten (10) days after SSMA shall have given to the Licensee written notice specifying such default; then SSMA may proceed without further notice in accordance with Section 9.2 of this Agreement. Provided, SSMA may grant Licensee (in writing) such additional time as reasonably is required to correct any such default if Licensee has instituted corrective action and is diligently pursuing the same. Section 9.2 Remedies upon Licensee's Default and Failure to Cure. Whenever an event of default of Licensee shall occur, and upon Licensee's failure to cure, SSMA may pursue any available right or remedy at law or equity, including: a. Termination. SSMA may terminate this Agreement without delivery of notice to Licensee. In the alternative, and at its exclusive option, SSMA may deliver to Licensee written notice of termination, specifying the date upon which the Agreement will terminate. In the event of termination, Licensee's rights to operate at Sand Springs-Pogue Airport immediately shall cease. b. Cumulative Remedies. Each remedy available to SSMA under this Section shall be cumulative and shall be in addition to every other remedy of SSMA under this Agreement or existing at law or in equity. 7 Section 9.3 Nonwaiver. Neither the waiver by SSMA of any breach of Licensee of any provision hereof nor any forbearance by SSMA to seek a remedy for any such breach shall operate as a waiver of any other breach by Licensee. Section 9.4 Event of Default by SSMA, Licensee's Remedies. SSMA shall not be in default in the performance of any of its obligations hereunder until SSMA shall have failed to perform such obligations for thirty (30) days or such additional time as is reasonably required to correct any such nonperformance, after notice by Licensee to SSMA specifying wherein SSMA has failed to perform any such obligations. Neither the occurrence nor existence of any default by SSMA shall relieve Licensee of its obligation hereunder to pay fees and charges. However, Licensee may institute such action against SSMA, as Licensee may deem necessary to compel performance or recover its damages for nonperformance. ARTICLE X Miscellaneous Section 10.1 Agreement not Assignable. This Agreement is not assignable, in whole or in part, by either SSMA or Licensee. Section 10.2 Notices. All notices, certificates, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments, designations or other communication which may be or are required to be given by either party thereto to the other shall be deemed to have been given sufficiently on the fifth day following the day on which the same are mailed by certified mail, postage prepaid as follows, if to SSMA or the City of Sand Springs: Sand Springs Municipal Authority or City of Sand Springs Attention: City Manager 100 East Broadway Sand Springs, OK 74063 and if to Licensee: Horizon Aviation, LLC 32235 W. Highway 16 Bristow, OK 74010 SSMA, the City of Sand Springs, and Licensee, by notice given hereunder, may designate any further or different addresses to which subsequent notices; certificates or other communications shall be sent. Section 10.3 Severability. In the event any provisions of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, unless such holding shall materially and adversely affect the rights of either party as set forth herein. Section 10.4 Entire Agreement; Modification. This Agreement expresses the entire understanding of SSMA and Licensee concerning the Licensed Premises and all agreements of SSMA and Licensee with each other concerning the subject matter hereof. Neither SSMA nor Licensee has made or shall be bound by any agreement or any representation to the other concerning the Licensed Premises or the subject matter hereof which is not set forth expressly in this Agreement. This Agreement may be modified only by a written agreement of subsequent date hereto signed by SSMA and Licensee. 8 Section 10.5 Execution of Counterparts. This Agreement simultaneously may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 10.6 Effect of Sundays and Legal Holidays. Whenever this Agreement requires any action to be taken on a Sunday or a legal holiday, such action shall be taken on the first business day occurring thereafter. Whenever in this Agreement, the time within which any action is required to be taken, or within which any right will lapse or expire, shall terminate on Sunday or a legal holiday, such time shall continue to run until 11:59 p.m. on the next succeeding business day. Section 10.7 Descriptive Headings; Table of Contents. The descriptive headings of the Sections of this Agreement and any Table of Contents annexed hereto are inserted or annexed for convenience of reference only and do not constitute a part of this Agreement, and shall not affect the meaning, construction, interpretation or effect of this Agreement. Section 10.8 Choice of Law; Enforcement. This Agreement shall be construed and enforced in accordance with the laws of the State of Oklahoma. Whenever in this Agreement it is provided that either party shall make any payment or perform, or refrain from performing, any act or obligation, each such provision, even though not so expressed, shall be construed as an express covenant to make such payment or to perform or not to perform, as the case may be, such act or obligation Section 10.9 Force Majeure. Neither SSMA nor Licensee shall be deemed in violation of this Agreement if it is prevented from performing any of the obligations hereunder by reason of embargoes, shortages of material, acts of God, acts of the public enemy, acts of superior governmental authority, weather conditions, floods, riots, rebellions, sabotage, or any other circumstances for which it is not responsible or which are not within its control, and the time for performance automatically shall be extended by the period the party is prevented from performing its obligations hereunder; however, these provisions shall not apply to the failure of Licensee to pay the fees and other charges required hereunder. Section 10.10 Construction of Agreement. This Agreement and each term, provision and covenant hereof shall constitute both a contract and a license by and between the parties hereto. Section 10.11 Consent Not Unreasonably Withheld. Whenever it is provided herein that the consent of SSMA, the City or Licensee is required, such consent shall not be unreasonably withheld, conditioned or delayed. Section 10.12 Recovery of Attorney's Fees and Costs. If either party bring any legal or equitable action against the other the non-prevailing party shall pay the prevailing party's reasonable attorney's fee and costs incurred in such action and any appeal therefrom. For purposes of this section, "costs" shall include expert witness fees, court reporter fees, and court costs. Section 10.13 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon SSMA, its successors and assigns, Licensee and their respective heirs, personal representatives and assigns, if such assignment shall have been made in conformity with the provisions of this Agreement. 9 IN WITNESS WHEREOF, SSMA and Licensee have entered into this Agreement at Sand Springs, Oklahoma, to be effective ________________, 2025. APPROVED by the Sand Springs Municipal Authority this ____ day of ____________, 2025. Sand Springs Municipal Authority By:__________________________________ James Spoon, Chairman APPROVED: APPROVED AS TO FORM: By:___________________________ ____________________________________ Janice L. Almy, Secretary David Weatherford, Authority Attorney ATTEST: Licensee ___________________________ By: _________________________________ Corporate Secretary Title: ______________________________ 10