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Wickenburg Municipal Airport Commercial Development
RFP # 25-02
PROJECT MANAGER:
Herschel Workman
928-684-5451 x1555
hworkman@wickenburgaz.gov
BID INFORMATION: Electronic Documents
www.wickenburgaz.gov/bids
BID SUBMITTAL DUE DATE:
Thursday, July 31, 2025 at 11:00 a.m., Arizona Time
Please Note: If documents are downloaded from the Town of Wickenburg website, the
contractor is responsible for obtaining any amendments either through updates on the
website or contacting the town through the project manager listed above.
NOTICE & REQUEST FOR PROPOSALS
TOWN OF WICKENBURG
Proposal Name:
Wickenburg Municipal Airport Commercial Development
Solicitation Number:
RFP 25-02
RFQ Opening Date:
July 31, 2025, 11:00 a.m.
Location of RFP
Opening:
Town Clerk’s Office
155 North Tegner Street, Suite A
Wickenburg, AZ 85390
RFP Documents
available at:
Electronic RFP Documents: www.wickenburgaz.org/bids
For assistance, please call Amy Brown, 928-684-5451, Ext. 1517
Date and Location for Submittal of Sealed Proposals: Sealed proposals will be
received at the Town of Wickenburg Clerk’s Office, 155 N. Tegner, Suite A,
Wickenburg, Arizona 85390 until 11:00 a.m. July 31, 2025, for the above services. One
(1) original and four (4) copies of the proposal must be submitted in a sealed envelope
clearly marked on the outside: “RFP 25-02 Wickenburg Municipal Airport Commercial
Development” along with the name and address of the business. Any proposal received
after the time specified will be returned unopened. It is the proposer’s responsibility to
assure proposals are received at the above location on or before the specified time.
Proposals will be opened at 11:00 a.m., July 31, 2025 in the Town Hall Council
Chambers, and the names of proposers publicly read aloud immediately after the time
for receiving proposals.
Pre-Proposal Conference: A pre-proposal conference will be held on July 9, 2025. at
11:00 a.m. at the Wickenburg Town Hall Council Chambers, 155 N. Tegner, Suite A,
Wickenburg, Arizona 85390.
Work Summary: The town seeks proposals from private developers or aviation
businesses interested in pursuing specific commercial development projects at
Wickenburg Municipal Airport. Potential projects may include hangar construction, Fixed
Base Operator (FBO) establishment, maintenance facilities, or other aviation-related
commercial uses, and other items as outlined in the current Airport Master Plan.
Proposals should address project scope, infrastructure needs, compatibility with airport
operations, proposed lease terms, and financial offering. The selected proposer(s) will
be expected to enter into a Development Agreement and/or an FBO Agreement with the
town within one hundred and twenty (120) days of selection; the town may extend this
timeframe at its sole discretion.
Proposal Requirement: Each proposal will be in accordance with the proposal
requirements, set forth in the Request for Proposal, which may be obtained at the Town
Clerk’s office, 155 N. Tegner, Suite A, Wickenburg, AZ 85390. Any proposal which does
not conform in all material aspects to the Request for Proposals will be considered non-
responsive.
Right to Reject Proposals: The town reserves the right to reject any or all proposals,
modify requirements or preferred projects as it sees fit, waive any informality in a
proposal or to withhold the Award for any reason the town determines.
Equal Opportunity: The town is an equal opportunity employer. Minority and women’s
business enterprises are encouraged to submit proposals on this solicitation.
DATED: June 11, 2025
TOWN OF WICKENBURG, ARIZONA
Amy Brown, Town Clerk
Publication Dates: June 18 and 25, 2025
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IMPORTANT
PROPOSER’S CHECK LIST
(To be submitted by Proposer with Proposal)
[ ]
1.
The proposal has been signed in the Proposer’s Offer Section. (Proposals not signed
in this section will not be considered.) Authorized Signature Form is enclosed.
[ ]
2.
The proposal prices offered have been reviewed.
[ ]
3.
Any required descriptive literature or other information have been included.
[ ]
4.
The Contract Time and/or schedules have been included.
[ ]
5.
Any addendums have been included/noted in Offer Section.
[ ]
6.
The mailing envelope/package has been addressed to:
Town Clerk’s Office
155 N. Tegner, Suite A
Wickenburg, Arizona 85390
[ ]
7.
Proposal Package/Envelope has been identified with proposal number and
title.
[ ]
8.
Proposal Package/Envelope has been identified with the name of the business and
business address.
[ ]
9.
The proposal with one (1) original and four (4) copies of the proposals is
submitted in time to be received and signed in by Clerk’s Office representative no
later than specified time on designated date. (Otherwise, the proposal cannot be
considered.)
2
REQUEST FOR PROPOSAL DOCUMENTS FOR
WICKENBURG MUNICIPAL AIRPORT COMMERICIAL DEVELOPMENT
AND PLANNING
The Town of Wickenburg seeks proposals from private developers or aviation businesses
interested in pursuing specific commercial development projects at Wickenburg Municipal
Airport. Potential projects may include hangar construction, Fixed Base Operator (FBO)
establishment, maintenance facilities, or other aviation-related commercial uses. Proposals
should address project scope, infrastructure needs, compatibility with airport operations,
proposed additional lease terms, and financial offering.
I.
REQUIREMENTS FOR PROPOSERS.
1.1
Proposal Opening Date and Location: Proposals will be received in the office of the
Town Clerk, 155 N. Tegner, Suite A, Wickenburg, Arizona 85390, until 11:00 a.m., on July 31,
2025, at which time the names of the proposers will be opened and publicly read. Proposal
prices will not be read. Late proposals will not be considered.
1.2
Proposal Documents Available: The Proposal Documents consist of four parts: I.
Requirements for Proposers, II. Applicable FAA Grant Assurances, III. Scope of Work, and IV.
Proposer’s Proposal (form). The Proposal Documents are available at the Town of Wickenburg
website at www.wickenburgaz.org/bids or by contacting Airport Director, Herschel Workman,
telephone no. (928) 668-0555, and may be obtained upon request.
1.3
Incorporation of Proposal Documents: All of the Proposal Documents apply to and
become a part of the terms and conditions of the proposal.
1.4
Proposal Form: Proposals must be submitted only on the proposal form. All proposals
must be submitted in a sealed envelope clearly marked “RFP 25-02 Wickenburg Municipal
Airport Commercial Development.”
1.5
Pre-Proposal Conference: A Pre-Proposal Conference will be held at 11:00 a.m. on July
9, 2025, at the Town Hall Council Chambers, located at 155 N Tegner Wickenburg, Az. The
Scope of Work will be reviewed, discussed, and opened for questions. Potential proposers are
highly advised to attend. Potential proposers will be able to ask for interpretations and
clarifications of this RFP at that time. The town will not be responsible for conveying any
clarifications to potential proposers who are not in attendance.
1.6
Town's Right to Reject Proposals: The Town of Wickenburg reserves the right to reject
any and all proposals and to waive technicalities.
1.7
Late Proposals: Late submittals and/or unsigned Proposals will not be considered under
any circumstances. Envelopes containing Proposals with insufficient postage will not be
accepted by the town. It is the sole responsibility of the Proposer to see that its Proposal is
delivered and received by the proper time and at the proper place.
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1.8
Proposal Amendment: A Proposal may be amended or supplemented prior to the due date
and time and may be withdrawn at any time.
1.9
Public Record: All Proposals submitted in response to this solicitation and all evaluation
related records shall become property of the town and shall become a matter of public record for
review, subsequent to proposal opening. Request for nondisclosure of data such as trade secrets
and other proprietary data, must be made known in writing to the town in Proposals submitted,
and the information sought to be protected clearly marked as proprietary. The town will not
ensure confidentiality of any portion of the proposal that is submitted in the event that a public
record request is made. The town will provide 48 hours’ notice before releasing materials
identified by the proposal as confidential or proprietary in order for the proposer to apply for a
court order blocking the release of the information.
1.10
Persons with Disabilities: Persons with a disability may request a reasonable
accommodation by contacting the Clerk’s Office. Requests shall be made as early as possible to
allow time to arrange the accommodation.
1.11
Proposal Acceptance Period: All proposals shall remain open for 120 days after the day
of the opening of proposals, but the town may, at its sole discretion, release any proposal and
return the proposal security (as applicable) prior to that date. No Proposer may withdraw his
Proposal during this period without written permission from the town.
1.12
Addendum: This Request for Proposals may only be modified by a written Addendum.
Potential Proposers are responsible for obtaining all addenda.
1.13
Proposer Registration: Proposers shall register on the town’s website at
https://wickenburgaz.gov/list.aspx, in order to automatically receive notification of Addenda to
this Solicitation or notice of other solicitation opportunities. A Proposer who is not so registered
must contact the Town Contact person, Airport Director, Herschel Workman, at (928) 668-0555
or hworkman@wickenburgaz.gov to make other arrangements to receive notice of Addenda to
this Solicitation. All addenda will be posted on the town website at www.wickenburgaz.org/bids.
1.14
General Evaluation Standards:
1.14.1 Evaluation Criteria: The town seeks to obtain the services described above in the
Scope of Work. The town will evaluate proposals on the selection criteria set forth below. The
town will be the sole judge of whether the services offered are acceptable. Proposals from
individuals who have provided inadequate services to municipalities in the past, or proposals
offering services proven unsatisfactory in the town’s sole judgment may be rejected and not
considered.
A.
The proposed project type
B.
Firm Experience and Capability
C.
Expertise of Firm’s Key Staff
D.
Other Prior Projects
E.
Financial capability of Proposer to undertake, complete and operate the
proposed project
F.
Insurability
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Proposals that the town determines are the best overall may be invited to make a
presentation to the town and respond to questions about the proposal. The town reserves the right
to forego the interview process if it determines that one of the proposals has the best combination
of capability and value.
1.14.2 Right to Reject: The town reserves the right to reject any or all proposals or any
part thereof, or to accept any proposal, or any part thereof, or to withhold the award and to waive
or decline to waive irregularities in any proposal when it determines that it is in its best interest
to do so.
1.14.3 Disqualification: A Proposer (including each of its principals) who is lawfully
prohibited from any public procurement activity may have its Proposal rejected.
1.14.4 Clarifications: The town reserves the right to obtain Proposer clarifications where
necessary to arrive at full and complete understanding of Proposer’s product, service, and/or
solicitation response. Clarification means communicating with a Proposer for the sole purpose of
eliminating ambiguities in the Proposal and does not give Proposer an opportunity to revise or
modify its proposal.
1.14.5 Waiver and Rejection Rights: The town reserves the right to reject any or all
Proposals or to cancel the solicitation altogether, to waive any informality or irregularity in any
Proposal received, modify requirements or preferred projects as it sees fit, and to be the sole judge of
the merits of the respective Proposals received.
1.15
Proposal Preparation:
1.15.1 Format: Proposers shall submit their Proposal with an original and four (4) copies
and the Proposal shall be submitted either on the forms provided in this Solicitation or their
substantial equivalent. Any substitute document must be legible and contain the same
information requested on the forms provided.
1.15.2 No Facsimile or Electronic Mail Proposals: Proposals may not be submitted in
facsimile or electronically. A facsimile or electronic mail Proposal shall be rejected.
1.15.3 Typed or Ink Corrections: The Proposal shall be typed or in ink. Erasures,
interlineations, or other modifications in the Proposal shall be initialed in ink by the person
signing the Proposal.
1.15.4 No Modifications: Modifications shall not be permitted after Proposals have been
opened except as otherwise provided under applicable law.
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1.15.5 Content: The Proposal shall contain all of the following information:
Brief Description of the Proposer’s Firm:
A.
Office location
B.
Length of time in business
C.
Total number of employees and number of local employees
D.
Names of principals, their disciplines, and Arizona registration.
E.
Services provided by the firm
F.
Experience in providing similar services within the last five (5) years
G.
Three (3) references
Subcontractors: Please list any firms that will act as subcontractors to your firm.
Provide information regarding prior projects on which subcontractors have worked with your
firm.
Project Team: List those individuals who will do the work on this Contract.
Provide the following information for each team member:
A.
Team assignment
B.
General qualifications
C.
Any project experience directly relevant to this Contract while with this
firm
D.
Indicate current workload and certify that no team members will be
substituted without prior approval from the Town of Wickenburg
Relevant Experience: Include brief descriptions of Services completed by the
project team that directly relate to this Proposal. Information requested includes project name,
client, locations, budget, completion date, and functional use of the facility. Current client
contact and telephone numbers for each project are also requested. Indicate whether the project
was completed on schedule, within budget, and please indicate and describe the circumstances.
Also, indicate problems encountered and solutions to those problems which were developed by
the project team.
Approach: Demonstrate the understanding of the Services and the steps you will
undertake to accomplish the task. Discuss the firm’s unique ability, if any, to professionally
provide project management services.
Graphic Material: Provide graphic examples of projects completed by your firm
that indicate the quality and character of your firm’s work. Projects named in “Relevant
Experience” above are of particular interest to the selection committee.
1.15.6 Solicitation Addendum Acknowledgement: Each Solicitation Addendum shall be
acknowledged in the Proposal Section, which shall be submitted together with the Proposal on
the Proposal due date and time. Failure to note a Solicitation Addendum may result in rejection
of the Proposal.
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1.15.7 Evidence of Intent to be Bound: The Proposal form within the Solicitation shall
be submitted with the Proposal and shall include a signature by a person authorized to sign the
Proposal. The signature shall signify the Proposer’s intent to be bound by its Proposal and the
terms of the Solicitation and that the information provided is true, accurate and complete. Failure
to submit verifiable evidence of intent to be bound, such as an original signature, shall result in
rejection of the Proposal.
1.15.8 Non-Collusion and Non-Discrimination: By signing and submitting the Proposal,
the Proposer certifies that: the Proposer did not engage in collusion or other anti-competitive
practices in connection with the preparation or submission of its Proposal; and the Proposer does
not discriminate against any employee or applicant for employment or person to whom it
provides services because of race, color, religion, age, sex, national origin, or disability, and that
it complies with all applicable Federal, state and local laws and executive orders regarding
employment.
1.16
Inquiries:
1.16.1 Duty to Examine: It is the responsibility of each Proposer to examine the entire
Solicitation, seek clarification (inquiries), and examine its Proposal for accuracy before
submitting the Proposal. Lack of care in preparing a Proposal shall not be grounds for modifying
or withdrawing the Proposal after the Proposal due date and time, nor shall it give rise to any
Contract claim.
1.16.2 Contact Person: Any inquiry related to a Solicitation, including any requests for
or inquiries regarding standards referenced in the Solicitation should be directed solely to the
Contact person listed on the cover page of the solicitation. The Proposer shall not contact or
direct inquiries concerning this Solicitation to any other town employee unless the Solicitation
specifically identifies a person other than the Contact Person as a contact.
1.16.3 Submission of Inquiries: All inquiries except those at the Pre-Proposal
Conference shall be submitted in writing and shall refer to the appropriate Solicitation number,
page, and paragraph. Do not place the Solicitation number on the outside of the envelope
containing that inquiry, since it may then be identified as a Proposal and not be opened until after
the Proposal due date and time. The town shall consider the relevancy of the inquiry but is not
required to respond in writing.
1.16.4 Timeliness: Any inquiry regarding the solicitation shall be submitted as soon as
possible and should be submitted at least ten (10) days before the Proposal due date and time for
review and determination by the town. Failure to do so may result in the inquiry not being
considered for a Solicitation Addendum.
1.16.5 No Right to Rely on Verbal Responses: A Proposer shall not rely on verbal
responses to inquiries. A verbal reply to an inquiry does not constitute a modification of the
Solicitation.
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II.
APPLICABLE FAA GRANT ASSURANCES
The Authority is subject to the FAA Grant Assurances, including Grant Assurance 5 (Rights and
Powers), Grant Assurance 19 (Safe Operations), Grant Assurance 22 (Economic Non-
Discrimination), Grant Assurance 23 (Exclusive Rights), Grant Assurance 25 (Airport Revenue),
and Grant Assurance 29 (Airport Layout Plan Compliance) all of which pertain to hangar leases
and FBO operations. The FAA has advised that airport sponsors can maintain compliance with
these assurances by maintaining and implementing reasonable minimum standards and by
negotiating in good faith for the lease of suitable space with those who are willing and qualified
to provide commercial aeronautical products and services.
III.
SCOPE OF WORK
Wickenburg Municipal Airport is a public airport owned and operated by the Town of
Wickenburg. The Airport is located approximately 4.5 miles west of downtown Wickenburg in
Maricopa County, Arizona. The airport serves general aviation users, including recreational,
business, and instructional aviation activities. The airport features Runway 05-23, which is 6,100
feet in length and fully capable of accommodating a range of aircraft, including business jets.
The town is looking for development at the airport which includes, but is not limited to the
following:
•
Expanding hangar capacity for both based and transient aircraft
•
Establishing or enhancing a full-service Fixed Base Operator (FBO) operation
•
Attracting aviation service providers and support businesses
•
Identifying locations for aviation-related commercial development and negotiating
hangar lease agreements
•
Other items as outlined in the Airport Master Plan
The town seeks proposals from private developers or aviation businesses proposing projects such
as hangar construction, FBO development, or other aviation-related uses on airport property.
Respondents should be prepared to enter into a Development Agreement and/or an FBO
agreement with the town.
Respondents should describe:
•
The type, scale, and configuration of the proposed project (e.g., number and size of
hangars; FBO terminal concept)
•
Infrastructure or site access needs
•
Compatibility with the existing airport layout and operations
•
Proposed lease area(s), term, and proposed financial offering, including the amount the
proposer would be willing to pay for ground lease payments and any planned capital
investment including any expected capital contributions from the town.
•
Proposed timeline for permitting, design, and construction
•
Relevant experience and qualifications
The town is particularly interested in development concepts that align with its current Master
Plan and demonstrate readiness to proceed toward an FBO agreement. While this RFP does not
8
solicit design, engineering, or construction services at this time, those phases will follow in
subsequent agreements or solicitations with selected proposers.
A sample FBO agreement is attached for reference only.
IV.
PROPOSER’S PROPOSAL
4.1
Proposer’s Proposal: For the proposal opening July 31, 2025.
4.2
Covenant Clause: It is expressly agreed by Proposer that these covenants are irrevocable
and perpetual.
4.3
Conditions Accepted: The undersigned Proposer declares that before preparing this
proposal, he or she has read the Proposal Documents carefully, and that this proposal is made
with full knowledge of the kind, quality, and quantity of services to be furnished by signing this
proposal. Proposer agrees to all conditions contained in the Proposal Documents.
4.4
Contract Acceptance: Proposer proposes and agrees that if this proposal is accepted, he or
she will enter into a contract with the Town of Wickenburg within ten (10) days after the town’s
acceptance of this proposal at the listed scheduled price.
4.5
Affidavit: The following affidavit is submitted by the Proposer as part of this proposal:
State of Arizona
)
) ss.
Maricopa County
)
The undersigned deponent, of lawful age, being duly sworn upon his oath, deposes and
says:
That he/she has lawful authority to execute the within and foregoing proposal; that he/she
has executed the same by subscribing his/her name hereto under oath for and on behalf of said
Proposer; that Proposer has not directly or indirectly entered into any agreement, express or
implied, with any Proposer or Proposers, having for its object the controlling of the price or
amount of such proposal or proposals, the limiting of the proposals or the Proposers, the
parceling out to any Proposer or any other person of any part of the contract or any part of the
subject matter of the proposal or proposals or of the profits thereof, and that he/she has not and
will not divulge the sealed proposal to any other person whatsoever, except those having a
partnership or financial interest with him and said Proposer, until after the sealed proposal or
proposals are open.
That Proposer has received and reviewed all Addenda Nos. ___________________
issued for this Proposal. (Proposer’s failure to list all Addenda numbers issued shall be grounds
for rejection of the Proposal).
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__________________________
Signature
__________________________
Name
__________________________
Title
SUBSCRIBED AND SWORN TO BEFORE ME this ____ day of ___________,
2025, by _______________.
__________________________
Notary Public
My Commission Expires:
1
TOWN OF WICKENBURG, ARIZONA
AUTHORIZED SIGNATURE FORM
Town Contract Number: RFP 25-02 Wickenburg Municipal Airport Commercial Development
Contractor Name: ___________________________________
WHEREAS, the Town of Wickenburg requires that Contractor execute documents
necessary for the prompt and efficient execution of the business related to the CONTRACT;
NOW, THEREFORE, on behalf of the Contractor, I hereby declare that
________________________________________ is/are authorized to execute and sign on behalf
(Name of Parties Authorized)
of said Contractor the following documents:
1. The CONTRACT
4. CHANGE ORDERS
5. All other papers necessary
2. Payrolls
for the conduct of the
3. Claims
corporation’s affairs and
the execution of the CONTRACT
The above-named person is granted the authority and duties herein referenced for the
duration of the CONTRACT for this PROJECT or until express notice of revocation has been duly
given in writing, whichever is the lesser period. In the event Contractor is governed by a Board of
Directors, a copy of the Resolution of the Board granting authority to said person(s) is attached
hereto, and I hereby verify that such Resolution remains in full force and effect.
_______________________________
Name
_______________________________
Title
(Seal of Corporation)
STATE OF _________________
)
) ss.
County of __________________
)
I, ____________________________of the ______________________________
corporation, do hereby certify that the above is a true and correct copy of a resolution adopted by
the Board of Directors of said corporation, at a meeting of said Board held on
_________________________, 2025, and that the same is in full force and effect at this time.
2
DATED __________________________________, 2025.
____________________________________
(Officer of Corporation)
(Seal of Corporation)
STATE OF _________________
)
) ss.
County of _________________
)
This instrument was acknowledged before me this _____________ day of
___________________________, 2025 by ____________________________________,
appearing before the undersigned Notary Public and stated that he executed such instrument on
behalf of said corporation for the purpose and consideration therein expressed.
____________________________________
Notary Public
My Commission Expires:
___________________
1
SAMPLE - TOWN OF WICKENBURG
WICKENBURG MUNICIPAL AIRPORT
FIXED-BASE OPERATOR'S AGREEMENT
THIS AGREEMENT is entered into between the Town of Wickenburg Arizona, as the airport
owner of Wickenburg Municipal Airport (“Airport”), in the Town of Wickenburg, a municipality
existing by and under the authority of the laws of the state of Arizona, hereinafter referred to as
the “Town” or ''Lessor", and _______________, a Fixed Base Operator, hereinafter referred to as
the “Lessee” or "FBO" or "Operator".
WHEREAS, the Town of Wickenburg owns and operates an airport known as the Wickenburg
Municipal Airport, and Lessor is desirous of leasing to Lessee certain premises located on the
airport, together with the right to use and enjoy individually, and in common with others the
facilities; and
WHEREAS, Lessee may engage in the business of selling aviation gasoline, oil and other
lubricants, maintaining and operating full aircraft servicing facilities, selling aircraft engines,
accessories and parts, providing storage space for aircraft, a repair shop for the repairing and
servicing of aircraft engines, instruments, propellers and accessories in connection with said
business, providing flight instruction, providing pilots for operating planes for others and carrying
passengers and freight for hire all as more particularly set forth on Appendix B attached hereto
and made a part hereof by this reference (collectively, the ”Permitted Services”), and desires to
lease property and rights from the Lessor.
NOW, THEREFORE, in consideration of the rents and covenants of this agreement, the Lessee
leases from the Lessor the following premises, rights and easements on and to the Airport upon
the following terms and conditions, for the Term, at the Lease Rate (as hereinafter defined), and
in accordance with the provisions set forth herein, the "Property," which is commonly known as
one or all of the following;
A. Property Description. DESCRIPTION.
B. Property/Premises.
a.
Hangar __, __' x __' Town owned hangar, located at
,
together with all improvements which now exist or hereafter placed thereon and
any and all appurtenances thereto.
b.
The Wickenburg Municipal Building is approximately _____ square feet. The
Town shall lease office space to Lessee for FBO operations while the remainder of
the building (restrooms, lobby/pilot lounge, airport manager’s office) will remain
open and available for all users on a 24-hour basis.
2
c.
Area located on both sides and behind Hangar __ within ___ feet (__ft) of Hangar
__. Maintenance for the apron, the ramp, and the pavement in front of Hanger __
is the responsibility of the Lessor. NOTE: A __' clear area must be maintained
around Hangar __ for Town fire truck access. See Attached Airport Layout Plan
View as Appendix A to this Lease incorporated herein by this reference.
d. The Property/Premises described in this Section B is leased to Lessee in its present
condition as of the date of this Lease, without representation or warranty by the
Town, and subject to any state of facts that an accurate survey or physical inspection
might show. Lessee warrants that it has inspected, examined and approved the
Property/Premises as suitable for its intended Permitted Uses. Lessee warrants that
all existing improvements and fixtures in and on the Property/Premises are in good
working order.
1. New Building Construction. Lessee shall have the right to erect, maintain, and alter office
and administration buildings, shops, hangars, radio antennae and other buildings or structures
on the described premises, providing such buildings or structures conform to the Building Code
Requirements of the Town of Wickenburg, and any ordinance of any jurisdiction, now or
hereafter in effect. All plans for buildings or structures shall be reviewed and approved in
writing by the Lessor prior to construction and must be approved by the Town. Building
permits must be issued by the Town prior to commencement of any construction requiring such
a permit. Title to such buildings erected by the Lessee shall remain with the Lessor. During
the construction of the improvements, Lessor, its architects and engineers, and any authorized
representative may (but shall not be obligated to) inspect the construction of the improvements
and all construction plans, drawings and documents, change orders, addenda, shop drawings,
and samples in the possession of Lessee and it contractors for the purpose of confirming that
such construction is being performed in accordance with the final plans, the requirements of
all public authorities having jurisdiction, and the other requirements of this Lease. Any such
inspection shall be performed solely for the benefit of Lessor and shall not be relied upon in
any manner by Lessee or any third party.
a. Payment; Indemnity. Lessee shall be responsible for payment of all costs and charges
for any work done by or for it on the Property or in connection with Lessee’s occupancy
thereof. Lessee shall keep the Property free and clear of all mechanic’s liens and other
liens and encumbrances on account of work done for or authorized by Lessee or persons
or entities claiming under it. In no event shall any such lien attach to fee title to the
Property. Lessee expressly agrees to and shall indemnify and hold Lessor harmless
against liability, damages, costs, attorneys’ fees and all other expenses or loss on
account of claims of lien or other encumbrances of laborers or materialmen or others
for work performed or materials or supplies furnished for or authorized by Lessee or
persons or entities claiming under it. Further, any contracts between Lessee and any
3
mechanics or subcontractors shall expressly hold Lessor harmless against any liability
arising from such contracts, as described above.
b. Notice. Should any claims of lien or other encumbrances be filed against fee title to
the Property or any action purporting to affect fee title to the Property be commenced,
the party receiving notice of such lien or action shall immediately give the other party
written notice thereof.
2. Damages to Premises. The Lessee shall repair all damages to the premises, or other airport
improvements, caused by or resulting from the Lessee, its officers, employees, patrons,
invitees, agents, contractors, subcontractors, customers or guests of its operations thereon or
use thereof. Any damage shall be reported to the Airport Manager and repaired to the
satisfaction of the Lessor. The Lessor will notify the Lessee of any required maintenance or
repair and, if such maintenance or repair is not undertaken by the Lessee within twenty (20)
working days after receipt of written notice, Lessor or its representative, shall have the right to
enter upon the leased premises and perform the necessary work at the full cost to the Lessee.
Lessee shall, throughout the Term, and at the Lessee's sole cost and expense, maintain the
Premises and all improvements in clean and safe condition of maintenance and repair, in
conformity with the requirements of any applicable law or regulation. Lessor shall be under no
obligation to maintain, repair, rebuild or replace any improvements on the Premises. Lessor
shall maintain any Town owned facilities that are not to be maintained by the FBO in the scope
of work.
3. Title of Designated Improvements to Revert. At termination or expiration of lease, all below
ground and ground level improvements constructed by Lessee remain vested with the Airport.
If deemed unusable or undesirable by the Lessor, Lessee agrees to remove said improvements
within ninety (90) days of lease expiration date at Lessee's expense, and at the Lessor's
direction.
4. Term. The initial term of this lease shall be for a period of five (5) years, and provided Lessee
is in full compliance with the terms and conditions of this Lease, with options to renew
additional 5-year terms upon mutually agreed terms and conditions of Lessor and Lessee. This
first term shall commence on __________________________________, and expire on
___________________________________.
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5. Rent and User Fees.
a. The Lessee agrees to pay to the Lessor for the use of the premises, rights, and easements,
a monthly fee of $_______________ for the land leased in the commercial aeronautical
areas as designated in this lease.
b. The Lessee agrees to pay all utility charges for Hangar __.
c. The Lessee agrees to pay a user charge of $0.____ per gallon of any retail fuel sold at the
airport, as a fuel flowage fee, on a monthly basis. Lessee shall submit to Lessor a statement
showing the amount of retail fuel dispensed in the previous month, with such reasonable
detail a breakdown as may be required by Lessor.
d. Lessee agrees to pay a _____% fee on a monthly basis for any gross revenues realized from
any other retail activity generated at the Wickenburg Municipal Airport including, but not
limited to, lease of tiedowns, hanger rental, other aircraft storage fees, retail sales activity,
or aircraft maintenance charges per the Aeronautical Commercial Minimum Operating
Standards, as amended and approved by Wickenburg Town Council for the first twenty-
four (24) months, then increase to ____% for the remaining thirty-six (36) months. This
does NOT include the sale of fuel for which a flowage fee is paid or overnight transient
parking fees which will be split on a 50/50 basis between Lessee and Lessor.
e. With the payment of percentage fees on gross revenues, Lessee shall submit to Lessor
a statement showing gross receipts from the operations of its business for the preceding
month. The statement shall show such reasonable detail and breakdown as may be
required by Town, including separate accounting of revenues from fuel sales on forms
agreeable to Lessor.
f. All land rental, fuel flowage, retail, and other airport fees shall be paid monthly, for the
previous month's charges. All required financial reports must be submitted to the Town of
Wickenburg Director of Finance, through the Airport Manager, on a monthly basis. The
Airport Manager and Director of Finance shall have the authority to request additional
reasonable reports as needed by the Town.
g. All payments for the previous month's flowage fees and gross revenues, shall be due and
payable on the 1st day of each month, or other payment date as agreed in writing, to by the
Finance Department. All payments shall be made to the Town of Wickenburg, and sent to
155 N. Tegner Street, Suite A, Wickenburg, Arizona 85390.
h. If Lessor has not received payments by the 15th day of the month, for the previous month's
charges, a late charge of 10% will be applied.
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i. There will be an additional 1.0% late charge per day, starting on the 4th day of the month,
for any unpaid balance.
j. It is expressly understood between the Lessor and the Lessee that the rate of ground rental
per square foot per annum herein specified, together with the fuel flowage fee and transient
parking fees, shall be subject to re-examination and readjustment at the end of each five-
year period of this lease, provided that any readjustment of present rates shall be
reasonable.
k. Lessee shall submit an annual report to the Lessor detailing all revenue and revenue
generating activity at the Wickenburg Airport as detailed above. The annual report and
payment shall be due by April 15th of the following calendar year. The report shall be
submitted to the Lessor in a sealed enveloped labeled confidential. The envelope will be
turned over to a third-party accountant who will verify that the correct fees have been paid.
6. Insurance. Lessee shall procure and maintain, or cause to be procured and maintained, the
following types and amounts of insurance with respect to the Premises: 1) Those insurance
requirements set forth in the Wickenburg Minimum Standard Requirements for Airport
Aeronautical Services; and 2) Worker’s Compensation insurance, as required by law, and
Employer’s Liability insurance in the amount stated in the Wickenburg Minimum Standard
Requirements for Airport Aeronautical Services.
Each insurance policy obtained pursuant to this Section, except for Worker’s Compensation
and Employer’s Liability policies, shall: (i) name Lessor as an additional named insured; (ii)
contain a provision that written notice of cancellation or modification thereof shall be given to
Lessor not less than thirty (30) days before such cancellation or modification takes effect ten
(10) days in case of nonpayment of premium); and (iii) contain a waiver of subrogation in
favor of Lessor. Lessee shall not permit any insurance policy to be canceled or modified
without Lessor’s written consent unless equivalent replacement policies are issued with no
lapse in coverage. All policies shall be obtained from insurance companies authorized to do
business in the State of Arizona and possessing a rating of at least A - VII or higher from the
A.M. Best Company, or an equivalent rating and approved by Lessor.
Lessee shall deliver a certificate of insurance for each policy or self-insured letter to Lessor, in
a form acceptable to Town, prior to the Effective Date and shall continue to provide such
certificates or self-insured letters throughout the term of this Lease.
At any time during the term of this Lease, Lessor may, if in its reasonable determination the
insurance coverage required by this Section is no longer adequate, require Lessee to increase
its coverage to commercially reasonable amounts.
Lessee’s insurance obligations under this Lease may be satisfied by means of “blanket” or
excess policies.
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In the event Lessee shall fail to procure any insurance or provide evidence of self-insurance
required hereunder, Lessor may, upon written notice to Lessee, procure and maintain any or
all of the insurance required of Lessee under this Section. In such event, all costs of such
insurance procured and maintained by Lessor on behalf of Lessee shall be the responsibility of
Lessee and shall be fully reimbursed to Lessor within ten (10) business days after Lessor
advises Lessee of the cost thereof. Lessee may select deductibles or self-insured retentions to
satisfy the insurance required herein.
7. Lessee Rights. Lessee is hereby granted the non-exclusive right and privilege to engage in
business as a Fixed Base Operator at the Airport and shall be required to provide the Permitted
Services in Appendix B – Scope of Work. By providing any of the Permitted Services, Lessee
agrees to provide such service(s) to standards consistent with the high quality of facilities and
in accordance with the current edition of the Minimum Standards Wickenburg Municipal
Airport. Lessee shall also have the right to:
a. In common with others so authorized, to use common areas of the airport, including
runway, taxiways, aprons, and roadways.
b. To the nonexclusive use, in common with others, of the airport parking areas,
appurtenances and improvements thereon, but this shall not restrict the right of the Lessor
to charge visitors a fee for the use of such areas.
c. To install, operate, maintain, repair and store subject to approval of Lessor in the interests
of safety and convenience of all concerned, all equipment necessary for the conduct of
Lessee's business as an FBO at the airport.
d. Of access to and from the premises, limited to streets, driveways or sidewalks designated
for such purposes by the Lessor, and which right shall extend to Lessee's employees,
passengers, guests, invitees, and patrons.
e. In and on the premises, to sell gasoline, oil and other lubricants, maintain and operate full
aircraft servicing facilities, sell aircraft, engines, accessories and parts, and provide storage
space for instruments, propellers and accessories in connection with the business.
f. Lessee must get proper licenses and permits from the Town, and all other governmental
agencies, as well as permission from the Town, to conduct non-FBO related activities, such
as providing flight instructions, providing air charter services, aircraft leasing, flying
freight, or other aviation related activity.
8. Maintenance of Buildings. Lessor is responsible for normal maintenance and repairs to the
current infrastructure of the leased Hanger __, including plumbing, electrical, and roofing,
shall maintain the infrastructure in good order, and make repairs as necessary. Any additions
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as a result of remodeling, shall be the responsibility of the Lessee. Lessee is responsible for
maintenance of the landscape and appearance of the surrounding land premises. All waste
products must be disposed of in accordance with applicable federal, state, and local regulations.
In the event of fire or any other casualty, the owner of any structure so affected shall either
repair or replace the building or remove the damaged building and restore the leased area to its
original condition; this action must be accomplished within one hundred twenty (120) days of
the date the damage occurred. Upon petition by the Lessee, the Lessor may grant an extension
of time if it appears an extension is warranted.
9. Right to Inspect. Lessor reserves the right to enter upon the premises at any reasonable time
for the purpose of making any inspection it may deem expedient to the proper enforcement of
any of the covenants or conditions of this agreement during normal business hours.
10. Lease Transfer. Lessee may not, at any time during the term of this lease, assign, or transfer
this agreement or any interest therein, without the written consent of Lessor.
11. Laws and Regulations. Lessee agrees to observe and obey during the term of this lease, all
laws, ordinances, rules and regulations promulgated and enforced by Lessor, and any other
proper authority having jurisdiction over the conduct at the airport, including, but not limited
to, NFPA 407 and FAA Advisory Circular 150/5230-4 with respect to fueling procedures.
Lessee shall take all measures to prevent contamination or pollution of the leased premises by
petroleum products or other containments and shall pay all costs for the treatment of storm
water runoff from leased premises, which can be determined by have been caused by Lessee,
now required or which may in the future be required by any local, State, or Federal agency.
Lessee shall pay all taxes, licenses, costs of building permits for improvements required or
authorized by this Agreement, and any other charges levied or imposed upon the rights,
leasehold interests, or other property of Signature.
12. Hold Harmless. Lessee agrees to hold Lessor free and harmless from loss from each and
every claim and demand of whatever nature, made on behalf of or by any person or persons,
for any wrongful, careless or negligent act or omission on the part of the Lessee, his agents,
servants and employees, and from all loss and damages by reason of such acts or omissions.
13. Quiet Enjoyment. So long as Lessee conducts his business in a fair, reasonable and
workmanlike manner, Lessee shall peaceably have and enjoy the leased premises, and all the
rights and privileges granted.
14. Signs. Lessee may post signs on the airport property, at the terminal, and inside the terminal
building, with the approval of the Airport Manager; however, monument signs and external
facility signs require the approval of the Airport Manager and the Town to ensure compliance
with applicable Town codes.
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15. Environmental Covenants.
a. Fuel Storage. All fuel tanks, associated pumping equipment and fixtures, and related
buildings and structures utilized by Lessee in the storage, pumping, and dispensing of fuel
shall be continuously maintained in compliance with the national Electric Code, the
National Fire Code of the NFPA, applicable codes and regulations and advisory circulars,
and all other applicable local, State, Federal fire and safety codes, standards and
regulations.
b. Fuel Spill Prevention and Cleanup. Lessee covenants and agrees at all times during the
term of this Agreement to comply with Federal, State, local regulations. Tenant shall not
release or allow the release of petroleum products, hazardous or regulated materials on the
Property, Premises or at the Airport. In the event Lessee, its employees, or agents shall
spill, leak, or otherwise discharge any fuel onto the leased premises, or any other areas of
the Airport, Lessee shall take immediate steps at its own expense to clean up, contain, and
dispose of all spilled materials and comply fully with applicable regulations while engaging
in such clean-up operations. Lessee shall assume the full financial and legal responsibility
for properly disposing of all materials that it, its employees, agents, officers and
contractors, bring upon the Property or Premises and for any necessary remedial actions.
Lessee shall be solely responsible for all expenses and costs of any kind that may arise
from the release, disposal and remediation of any materials, including petroleum products
and hazardous or regulated substances that it, or its agents, employees or contractors, may
bring onto the Property, Premises or the Airport. As used herein, “hazardous” and
“regulated” materials are intended to include, but not be limited to, all of those materials
that are defined as “hazardous materials,” “hazardous waste,” “hazardous substances,” and
“regulated substances,” under all applicable state and federal laws regulating the use of air,
water and land and the disposal or release of materials therein.
c. Failure by Lessee to take immediate action to clean up any spills or leaks shall entitle
Lessor to proceed with clean-up procedures and action; the entire expense of which shall
be paid in full by Lessee within ten (10) days after notice and invoice from the Airport
Manager of the actual costs incurred in such clean-up operations.
16. Fair and Nondiscriminatory Services. Lessee in the conduct of any aeronautical activity for
furnishing services to the public at the Airport, shall furnish services on a fair, equal and not
unjustly discriminatory basis to all users, and shall charge fair, reasonable and not unjustly
discriminatory prices for each unit or service; provided that the Lessee may be allowed to make
reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions
to volume purchasers.
17. Title VI, Civil Rights Assurances. The Lessee, for himself, his personal representatives,
successors in interest, and assigns, agrees that (1) no person on the grounds of race, color, or
9
national origin shall be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities, (2) that in the construction of any
improvements on, over, or under such land and the furnishing of services thereon, no person
on the grounds of race, color, or national origin shall be excluded from participation in, denied
the benefits of, or be otherwise subjected to discrimination, (3) that the Lessee shall use the
premises in compliance with all other requirements imposed by or pursuant to Title 49, Code
of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part
21, Nondiscrimination, in Federally Assisted Programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964, and as the Regulations may be
amended.
18. Nonexclusive Rights. It is understood by both parties that this lease agreement does not
convey any exclusive rights to the FBO and within the Federal Aviation Administration's
guidelines for the operation of multiple FBOs on an airfield, any FBO wishing to supply similar
level of services, improvements, and who fulfills all the requirements of this agreement, the
Aeronautical Commercial Minimum Operating Standards, and the Airport Operating Rules,
may also enjoy similar benefits to this agreement.
19. Affirmative Action. The Lessee assures that it will undertake an affirmative action program
as required by 14 CFR Part 152, Subpart E, to ensure that no person shall on the grounds of
race, creed, color, national origin, or sex be excluded from participating in any employment
activities covered in 14 CFR Part 152, Subpart E. The Lessee assures that no person shall be
excluded on these grounds from participating in or receiving the services or benefits of any
program or activity covered by this subpart. The Lessee assures that it will require that its
covered sub-organizations provide Assurances to the Lessor that they similarly undertake
affirmative action programs and that they will require assurances from their sub-organizations,
as required by 14 CFR Part 152, Subpart E, to the same effect.
20. Aircraft Service by Owner or Operator. It is clearly understood by the Lessee that no right
or privilege has been granted which would prevent any person, firm, or corporation operating
aircraft on the airport from performing any services on its own aircraft with its own regular
employees (including, but not limited to, self-fueling, maintenance and repair) that it may
choose to perform
21. Hours of Operations. Lessee agrees to maintain operations during a schedule of hours, which
schedule shall be filed with and approved by the Airport Manager. Hours of operation shall
not be reduced below the minimum without written consent of the Airport Manager, except
during any period when the airport is closed by any lawful authority restricting the use in such
a manner as to interfere with use by the Lessee for its business operation.
22. Control. Lessee shall control the conduct, demeanor, and work activities of its employees,
and shall be responsible for the safety of persons and property that may in any way be
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affected by Lessee’s business as a Fixed Base Operator at the Airport. Lessee shall not
maintain in its employ any person who is objectionable to Airport management on account
of said person's character, reputation, appearance, dress, or conduct. Lessee will adopt and
implement a substance abuse policy in accordance with FAA requirements.
23. Airport Closings. During any period when the airport shall be closed by any lawful authority
restricting the use of the airport in such a manner as to interfere with the use of same by Lessee
for his business operation, the rent shall not abate, and the period of such closure shall not be
added to the term of this Lease so as to extend and postpone the expiration thereof.
24. Taxes. Lessee shall pay all taxes or assessments that may be levied against the personal
property of the Lessee or the buildings which it may erect on lands leased exclusively to
Lessee.
25. Airport Development. Lessor reserves the right to further develop or improve the landing area
of the airport as it sees fit, regardless of the desires or view of the Lessee, and without
interference or hindrance. If the development of the airport requires the relocation of the
Lessee, the Lessor agrees to provide a comparable location and agrees to relocate all buildings
or provide similar facilities for the Lessee at no cost to the Lessee.
26. Lessor's Rights. Lessor reserves the right, but shall not be obligated to 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 direct and control all activities of Lessee in this regard.
27. Obstructions. Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the airport against obstruction, together with the right to prevent Lessee
from erecting, or permitting to be erected, any building or other structure on the airport which,
in the opinion of the Lessor, would limit the usefulness of the airport or constitute a hazard to
aircraft. Lessee shall, upon approval by Lessor and prior to any construction of any nature
within the boundaries of the airport, prepare and submit to the Federal Aviation
Administration, FAA Form 7460-1, "Notice of Proposed Construction or Alteration", as
required by Federal Aviation Regulation Part 77.
28. Subordination to Federal Aviation Administration and State of Arizona Agreements.
Town hereby advises Lessee that Town has entered into agreements with the United
States Government (Federal Aviation Administration) and the State of Arizona regarding
the improvements at the Airport. Town further represents that it intends from time to
time hereafter to enter into additional agreements with Governmental agencies with respect
to applications for funds for improvements to be made at said Airport, as required by pertinent
statutes, rules, and regulations of duly constituted governmental authorities having
jurisdiction thereof. This lease shall be subordinate to the provisions of any existing or future
agreement between Town and the United States or the State of Arizona, relative to the
11
operation or maintenance of the airport, the execution of which has been or may be required
as a condition precedent to the expenditure of federal or state funds for the development of
the airport. Furthermore, this lease may be amended to include provisions required by those
agreements with the United States or the State of Arizona.
29. Financial Disclosure. Lessee shall furnish such evidence as may be reasonably requested by
Lessor to show the Lessee is financially capable of providing the services and facilities set
forth in the lease.
30. Events of Default. The Lessee shall be deemed in default upon:
a. If Lessee fails to perform or comply with any material term of this Lease and such failure
continues for three (3) days after the receipt of Notice of Default from Lessor; provided,
however, that with respect to any such failure which is of such nature that although curable,
it cannot, with due diligence and adequate resources, be cured within three (3) days, a
default shall not be deemed to exist if Lessee commences curing such failure within a forty-
five (45) day period and thereafter proceeds with reasonable diligence and action to
complete curing such failure.
b. To the extent then allowed by law, if Lessee files a voluntary petition in bankruptcy which
is not dismissed within ninety (90) days after the filing thereof; is adjudicated bankrupt or
insolvent; files any petitions or answers seeking any reorganization, arrangement,
composition, readjustment, liquidation, dissolution or similar relief under any present or
future federal, state or other statute, law or regulation; seeks, consents to, or acquiesces in
the appointment of any trustee, receiver, or liquidator of Lessee or of all or any substantial
part of its respective property or of the pertinent portion of the Premises; makes any general
assignments for the benefit of creditors; or admits in writing its inability to pay its debts
generally as they become due.
c. To the extent then allowed by law, if a petition is filed against the Lessee seeking any
reorganization, arrangement, composition, readjustment, liquidation, dissolution, or other
similar relief under any present or future, federal, state or other statute, law or regulation,
which remains undismissed or unstayed for an aggregate of ninety (90) days (whether or
not consecutive), or if a trustee, receiver, or liquidator of Lessee, or of all or any substantial
part of the Property is appointed without the consent or acquiescence of Lessor and such
appointment remains unvacated or unstayed for an aggregate of ninety (90) days (whether
or not consecutive). The commencement of a proceeding for dissolution or for the
appointment of a receiver.
d. Abandonment of the leased property.
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31. Remedies. Subject to the notice and cure provisions set forth herein, if default exists, Lessor
may exercise, in addition to its rights at law or in equity, any of those remedies set forth below:
a. Lessor may terminate this Lease and declare all rights of Lessee ended.
b. Lessor may enter upon the Property as the agent of Operator/Tenant by force or otherwise,
without being liable in any way therefore, and sublease or assign portions of the Premises
as the agent of the Operator/Tenant at such price, upon such terms and for the duration of
time as Lessor may determine, and receive the lease payments or payments thereunder, in
which event Lessor agrees to use its best efforts to sublease or lease the pertinent portions
of the Property.
32. Waivers. No waiver or breach of any term of this Lease shall be construed as a waiver of any
succeeding breach of the same or any other term.
33. Cancellation for Conflict of Interest Under A.R.S. § 38-511 - Cancellation of Political
Subdivision and State Contracts. This Agreement is covered by A.R.S. § 38-511 in its
entirety. In brief, the state, its political subdivisions or any department or agency of either may,
within three (3) years after its execution, cancel any contract, without penalty or further
obligation, made by the state, its political subdivisions, or any of the departments or agencies
of either if any person significantly involved in initiating, negotiating, securing, drafting or
creating the contract on behalf of the state, its political subdivisions or any of the departments
or agencies of either is, at any time while the contract or any extension of the contract is in
effect, an employee or agent of any other patty to the contract in any capacity or a consultant
to any other party of the contract with respect to the subject matter of the contract.
34. Indemnification and Environmental Damage. The FBO shall indemnify, and hold harmless,
the Town of Wickenburg, including its officers, officials, employees, agents and contractors.
a. Losses. Lessee shall hold harmless and indemnify the Lessor (Town of Wickenburg,
Arizona) from all liability, fees, costs, damages and penalties, including attorneys’ fees,
court costs and other legal expenses arising out of or relating to Lessee's occupation and
use of Premises. Lessee agrees to indemnify Lessor for any such losses except such matters
caused by or directly resulting from misconduct, misfeasance, or gross negligence of
Lessor or its agents, employees or mechanics.
b. Defense. In the event that an action or proceeding is brought against Lessor reason of any
such occurrence, Lessee shall, upon Lessor’s request, and at Lessee's expense, resist and
defend such action or proceedings, or cause the same to be resisted and defended either by
legal counsel designated by Lessee or, where such occurrence is covered by liability
insurance, by legal counsel designated by the insurer if so required by such insurer.
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c. Indemnity and Hold Harmless. Lessee further contracts and agrees to indemnify
and hold Lessor harmless from and against any and all losses Lessor may suffer as a
result of any fines or penalties imposed against Lessee by any Federal, State or
local agency, and any loss of grant funds from the United States Federal Aviation
Administration or the Arizona Department of Transportation, which may be incurred
by Lessor by reason of any acts or omission of Lessee, its employees, agents,
contractors, or customers while exercising the rights and privileges granted in this
Lease. The provisions of this section shall apply regardless of whether Lessor has
received notice, actual or constructive, of any violation that results in the fines,
penalties, or loss of grant funds.
d. Environmental Damage. Lessee shall indemnify and hold Lessor harmless from and
against any and all liability, obligations, losses, damages, penalties, claims, environmental
response and cleanup costs, fines and actions, suits, costs, taxes, charges, expenses and
disbursements, including legal fees and expenses of whatsoever kind or nature
(collectively, “claims” or “damages”) imposes on, incurred by, or reserved against the
Lessor in any way relating to or arising out of a release of any "Regulated Substance," on,
under or from the Property occurring after the effective date of this Lease
("Commencement Date") due to the occupation and use of the Property by the Lessee. For
purposes of this Section, "cleanup costs" include any claims or damages in any way related
to or arising out of removal, treatment, storage, disposition, mitigation, and cleanup or
remedying of the Regulated Substances on, under or upon the Property.
For the purposes of this Lease, the term "Regulated Substances" shall include but not be
limited to substances defined as "regulated substances," "hazardous wastes," "hazardous
materials,” “toxic substances," “pollutants,” “toxic pollutants," “herbicides," “fungicides;”
“rodenticides,” “insecticides,” “contaminant,” or “pesticides” in the Resource
Conservation and Recovery Act, as amended by the Hazardous and Solid Waste
Amendments of 1984; the Comprehensive Environmental Response, Compensation and
Liability Act; the Hazardous Materials Transportation Act; the Toxic Substance Control
Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Clean Water Act; the Safe
Drinking Water Act; the Arizona Environmental Quality Act; the Arizona Hazardous
Waste Management Act and the Arizona Underground Storage Tanks Regulations Act; and
any other relevant federal, local or state environmental or pollution laws, and the
regulations, rules and ordinances adopted or promulgated pursuant thereto.
This indemnification shall include, without limitation, claims or damages arising out of
any violations of applicable local, state, or federal environmental laws, regulations or
ordinances, or provisions thereof, regardless of any real or alleged fault, negligence, willful
misconduct, gross negligence, breach of warranty or strict liability on any of the
14
indemnities. This indemnification shall survive the expiration or termination of this Lease
and/or any transfer of all or part of the Property by the Lessor.
In the event any such action or claim is brought or asserted against Lessor, Lessor shall
give immediate notice thereof to Lessee, provide lessee with such reports, tests, studies,
analysis, or other information the Lessor may have with respect thereto and the Lessee shall
have the right: (i) to participate in the conduct of any further required cleanup, removal or
remedial actions and/or negotiation and defense of any claim indemnifiable under this
environmental indemnity provision, having reasonable regard to the continuing conduct of
the operations / businesses located on the Property; and (ii) to participate in negotiating
and finalizing any agreement or settlement with respect to any such claim or cleanup.
35. Termination and Rights After Termination. In the event of termination for default by the
Lessee or cancellation due to conflict of interest under A.R.S. § 38-511, the Lessor shall have
the right at once and without further notice to the Lessee, to enter and take possession of the
premises occupied by the Lessee, by force or otherwise, and expel, oust and remove any and
all parties who may occupy any portion of the premises or Airport covered by this Lease, and
any and all goods and chattels belonging to the Lessee or its associates which may be found,
without being liable for prosecution or to any claim for damages.
Upon such termination by the Lessor, all rights, powers and privileges of the Lessee shall
cease, and the Lessee shall immediately vacate any and all space occupied by it under this
Lease and shall make no claim of any kind whatsoever against the Lessor, its agents or
representatives, by reason of such termination, or any act incident thereto.
In the event of termination for any cause which is determined by the Lessor to be beyond the
control and without the fault or negligence of the Lessee, payment to the Lessor hereunder
shall immediately cease, and the Lessee shall be entitled to have monies which have been
prepaid or advanced to the Lessor predicated on occupancy of the premises to the end of the
period, if any, refunded by the Lessor. The Lessee shall, in addition to other rights provided
for by law, be permitted to remove his operating facilities, merchandise, etc., in a manner and
at a time agreed upon by the parties.
36. Governing Law, Attorneys’ Fees, Waiver of Jury Trial. This Agreement is governed by,
and construed and enforced in accordance with, the laws of the State of Arizona, with venue
for any action hereunder the Arizona Superior Court in Maricopa County, Arizona. If either
Party resorts to legal action to enforce any Agreement term or to recover damages for the
breach thereof, the prevailing party is entitled to recover reasonable attorneys' fees in addition
to the amount of judgment, costs and other expenses as determined by the court and not a jury.
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37. Lessor Responsibilities – Lessor shall:
a. As part of the lease, provide access to the Wickenburg Airport Terminal Building,
associated hangars, adjacent land areas, transient aircraft tiedowns, and parking areas, as
generally depicted in the attached Airport Layout Plan View.
b. Be responsible for airport utility costs excluding Hangar __.
38. Lessee Responsibilities – Lessee shall:
a. Be responsible for maintenance in and around Hanger __, including the area adjacent to
the hanger (sides and back) and general field maintenance (trash pick-up, foreign object
debris removal, inspection of bathrooms in the terminal and __ Hangar, etc.).
b. Be responsible for maintenance and upkeep on all Town owned fuel tanks.
Obtain any applicable business permits and licenses.
Appendix A: Airport Layout Plan View
Appendix B: Scope of Work
Appendix C: Airport Fee Schedule
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Appendix C
Airport Fee Schedule