### VIA UPS AND REGULAR MAIL Office ofthe ChiefCounsel At1n: FAA Part 16 Docket Clerk AGC-600 Federal Aviation Administration 800 Independence Avenue, SW Washington, D.C. 20591 Richard

## J. Durden Attorney at Law 27987 Richmond HillRoad Conifer, Colorado 80433 616/901-6516 

### February 18, 2016

Re: 

### Michael Pelzer andPegasus Parachuting Service vs. The State of Michigan DocketNo. Notyetassigned Dear Sir or Madam: Enclosed for filing please find an original and three copies ofthe Complaint in the captioned matter. One copy is unbound, as requested by the FAA.

enc.
cc: Mike Trout, Executive Administrator, Office ofAeronautics, MDOT Michael Pelzer

### BEFORE THE FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.
MICHAEL PELZER and PEGASUS PARACHUTING SERVICE Complainant, 

# RECENED rEB 2 3 Z0\6 PART 16 DOCKETS**/~-/tt** 

# -czs vs. 

### ) ) ) ) ) ) ) ) ) ) ) Docket No.: Not Yet Issued THE STATE OF MICHIGAN Respondent



# ______________ ) 14 CFR Part 16 COMPLAINT 

### Please Serve: Richard

## J. Durden Richard

## J. Durden, Attorney at Law 27987 Richmond Hill Rd. Conifer, Co. 80433 T: 616/901-6516 avlaWYer@yahoo.com Counsel for Complainant



### I. Entities/Persons That 

### Are the Subject ofthe Complaint Mike Pelzerbrings this Complaintfor himselfand as owner ofPegasus Parachuting Service ("Mr. Pelzer" or "Complainant"). As represented by counsel, Complainantmakes the following Complaintunder FAA Rules of Practice for Federally-AssistedAirportProceedings, 

### 14 Code ofFederal Regulations ("CFR") Part 16 for violations of49 USC§§ 47107, 40103(e) and GrantAssurances 5, Preserving Rights andPowers, 

### 22, Economic Nondiscrimination 

### and 23, Exclusive Rights, 

### failure

### to comply with grant obligations and Federal Aviation Administration Order 5190.68,Airport Compliance Manual, 

### and related Advisory Circulars prohibiting establishment ofexclusive rights at an airport, unjust discrimination against a commercial aeronautical activity seeking airport access and the establishment of arbitrary, irrational, ad hoc, 

### unattainable and discriminatory standards for a commercial aeronautical activity seeking airport access; against the State of Michigan as the owner and sponsor oftheAirport, as will be more fully setout below. The State ofMichigan, through its Michigan Department ofTransportation, Office ofAeronautics, Executive Administrator Mike Trout, maybe reached at 2700 Port Lansing Road, Lansing, Michigan 48906-2160.

II. and Ill. 14 CFR §16.21 Certification and Factual Background



### For the sake of attemptingto shorten the length ofthis Complaint and avoid repetition, Complainant is respectfully combining the Part 16.21 Certification and Factual Background sections ofhis Complaint. The State ofMichigan is the owner ofRomeo State Airport (Airport). It 

### leases the Airport to a private company, Romeo Airport Management which is owned by Steve Mazur. The company and its owner are responsible for the day-to-day operation ofthe Airport. The State ofMichigan is a block grant state. It has received federal AlP funds that it has spent on the Airport. The Michigan Department ofTransportation ("MDOT") is responsible for oversight ofthe activities ofRomeo Airport Management.

2

### Mike Pelzer has been a private hangar tenant onthe Airport for over 20 years. He started Pegasus Parachuting Services in 1985 and was one ofthe earliest tandem parachute instructors in the State ofMichigan. He worked for a skydiving operation in Marine City, Michigan for several years before moving to Napoleon, Michigan in 1990. It

### became Michigan's first, full-time, turbine aircraft drop zone. In 2006, after years of commuting two hours and working a full-timejob in addition to running the drop zone, ]\![r. 

### Pelzer closed down the operation at Napoleon. Mr. Pelzer has been skydiving since 1979 and has been an instructor since 1985. He currentlyholds Coach, Static Line Instructor, Tandem Instructor, Tandem Instructor Examiner and Professional Exhibition Skydiver ratings from the United States Parachute Association and is a USPA Safety and TrainingAdvisor. He is also

one ofthe largest parachute equipment dealers in Michigan. Mr. Pelzer also holds a commercial pilotcertificate with an instrumentrating and has approximately 2,400 hours offlying time.


### February 2015 In February 2015, Mike Pelzer contacted airport manager Bill Decker about his company, Pegasus Parachuting Service, setting up a commercial skydiving operation and parachute landing area on the Romeo State Airport. Mr. Decker expressed enthusiasm, saying itmightbring morebusiness to the Airport. (Exhibit 1, 

### page 1-Note, Exhibit 1 is the communications log keptby Mr. Pelzer ofthe communications he had during the course oftrying to enter into a commercial

3

### skydiving operational agreement on the Airport. It will be referredto, with the appropriate page number, throughoutthis Complaint.)



### March2015 On March 6, Mike Pelzer had a telephone conversation with Steve Mazur,

owner ofRomeo Airport Management to setup a meeting for March 13. At the March 13 meeting, Mr. Pelzer wentthrough his plan for the business, including drop

zone location, hangar plan and projected fuel use. The business would be run from the Airport's community hangar ("Hangar"). (Exhibit 1, page 1} The Hangar (photos attached, Exhibit 2, Affidavit ofMarkWeigand) was/is run down and had been vacated by the previous tenant due to its condition-the subjectofa previous Part 13 Complaint againstMr. Mazur and the State ofMichigan. (Exhibit 2) Mr. Pelzer explained thatthe condition ofthe hangar precluded making necessary improvements to it-he would bring in a trailer for equipment storage and erect temporary classroom and office space thatwould notbe attached to the Hangar. He would also store one ortwo airplanes in the Hangar. Mr. Mazur expressed approval ofthe plan. On March 26, Mr. Pelzer received a Concession and Lease Agreement from Mr. Mazur. (Exhibit 3) Note, to tryto keep the size ofthis Complaint down and due to lack ofrelevance to any issue, the exhibits to the Agreement are not included. If they are desired, they will immediatelybe provided.) The agreed upon lease rate
was $950 per month. This was slightly higherthan, butconsistentwith, the $900 per month paid bythe previous tenant. (Exhibit 2} Mr. Pelzer reviewed the Agreement,



### 4

### thought itwas acceptable overall and noted some internally conflicting terms and

some thatwere not consistentwith whathe and Mr. Mazur had discussed. For example, despite itbeing a concession and license agreement, no commercial operations were allowed to take place in the Hangar even though that was where Mr. Pelzer had advised Mr. Mazur the business would take place within temporary structures. Also, despite there being room for multiple airplanes, the classrooms and office Mr. Pelzer planned to putin the Hangar, theAgreementonly allowed for storage ofone airplane. In addition, the Hangar hadbeen allowed to deteriorate to
an alarming condition, yet the Agreement putthe onus for maintenance on Mr. Pelzer. Mr. Pelzer was also concerned thattheterm was for one year, potentially making itdifficult for a commercialbusiness to plan for future operations. Oddly, the lease also said thatimprovements to the Airport were scheduled to begin in 2009, six years prior to the date ofthe lease. He emailed Mr. Mazur asking for clarification and corrections. (Exhibit 4)


### April2015 Once Mr. Pelzer had asked for clarifications and changes to some ofthe language oftheAgreement, Mr. Mazur demonstrated a behavior thatwould characterize and frustrate Mr. Pelzer's attemptto obtain Airport access-Mr. Mazur went quiet He refused to respond to telephone calls or emails from Mr. Pelzer. This continued through the entire month ofApril, when Mr. Pelzer should have been getting setup to begin his skydiving season. As part ofhis attempts to reach Mr. Mazur, Mr. Pelzer sent him a copy ofthe participantwaiver (hold harmless



### 5

### agreement) that Mr. Pelzer's companyrequires that each skydiver sign and which would include the airport and management company. (Exhibit 1, page 1)


### May2015 By early May 2015, frustrated with Steve Mazur's failure to respond to emails and telephone calls, Mr. Pelzer wentto his office and personallyprovided copies of his company's insurance and financial data. (Exhibit 1, page 1) Shortly afterthat, a meeting was organized between Juan Zapata ofMDOT, Bill Decker and Steve Mazur ofRomeo Airport Management and Mr. Pelzer to get MDOT's approval his proposed site for the parachute landing area. The meeting was held and MDOT approved the parachute landing area site the next day. (Exhibit 1, page 1 and Exhibit 5) On May 21, 2015, days offurther silence by Mr. Mazur, Mike Pelzer sentyet another email to Steve Mazur asking for clarifications onthe Agreement. (Exhibit 6) Thatday, they spoke on the telephone and Steve Mazur promised the revised Agreementthe next day. Nothing was provided and Mr. Pelzer left multiple telephone messages. (Exhibit 1, page 1) On May 26, Mr. Pelzer received a telephone message from Mr. Mazur saying he had "no excuse" for not getting backto him. (Exhibit 1, page 1) On May 27 Mr. Pelzer and Mr. Mazur met Mazur started whatwould be another two ofhis characteristicbehavior patterns during lease negotiationssuddenlyinterjecting newrequirements and fees for the lease and promising that Pelzer could start operating "thatweekend." This time itwas compensation ofthe farmer for the parachute landing area, even though there was nothing butgrass on

6

### the site. (Photo, Exhibit 5) Mazur first demanded $200 per month and Mr. Pelzer offered double whatthe farmer was paying. Mazur promised the revised Agreement "tomorrow morning" and that Pelzer's operation could begin skydiving that weekend. (Exhibit 1, page 2) When no Agreementwas forthcoming from Mazur the next day, as had been promised, Pelzer left six unanswered telephone messages and sent an email to him. (Exhibit 1, page 2, Exhibit 7) Mr. Pelzer was paying an attorney on retainer to be prepared to reviewthe Agreement on shortnotice so that he could startoperations immediately once the Agreementwas in acceptable form. He then called juan Zapata ofMOOT to express is frustration with the lack ofcommunication from Mazur. On the 29th, 

### Pelzer drove to Lansing to meetwith MOOT personnel aboutthe problems he was having dealing with Steve Mazur and provided a copy ofthe same insurance material and the participantwaiver he had given to Steve Mazur. (Exhibit 1, page 2) On the drive home, juan Zapata called Mr. Pelzer to say that Steve Mazur reportedthat, "they couldn't agree on price." Pelzer called Mazur and agreed to pay the farmer $1,800 for his loss assuming the space involved was less than three

acres. Mazur then promised the Agreement "on Friday." The next day Pelzer sent juan Zapata a textto update him on the situation. (Exhibit 1, page 2) Skydiving did not startthatweekend.



### June 2015 On the afternoon ofjune 1, Mr. Pelzer received the second version ofthe Concession and Lease Agreement. (Exhibit 8) Upon review, Mr. Pelzer discovered

7

### thatithad not addressed any ofthe issues he had raised with the first version (except allowing two aircraftto be hangered), including prohibition on commercial activity (even though the operation was to be a commercial skydiving business), aircraft storage, fuel, maintenance, and signage. The only change thathad been made was to raise the monthly fee by $200 and call it Parachute Landing Area (PLA) rent (Exhibit 8, page 4) Mr. Pelzer contacted Mr. Zapata atMDOT and advised him thatMazur had not addressed any ofthe issues with the original Agreement. (Exhibit 1, page 2) He then arranged to meetwith Mazur onjune 4. During the meeting the two reached agreement on most areas ofconcern-and Mazur said thatPelzer's company could startjumping that weekend. (Exhibit 1, page 3) Pelzertook action to have everything ready to begin skydiving, expending money on aircraft and equipment. The verynext day, onjune 5, Mazur called Pelzer and changedthe insurance requirements-sayingthe insurance policy Pelzer had provided and had never been

a problem, was suddenlyinadequate. Interestingly, Mazur also insisted that Pelzer

was to buy insurance from Mazur's insurance agent, Paul Calley ratherthan allow Pelzer to continue using the insurance agenthe had worked with for years. Mr. Pelzer's company didn't startjumpingthat weekend. Over the nexttwo weeks Pelzer worked with Mazur's hand-picked insurance agent, Calley, to tryto buy a policy that was acceptable to Mazur. (Exhibit 1, page 3) Initially, the agent said that a policy that would provide liability coverage ifa skydiver hitpersons or property was available and the costwould be somewhere between $15,000 and $200,000. When Mr. Pelzer asked for a copy ofthe policy, the

8

### agent was unable to produce one. The agent eventually said thatthere was no policy and that no such coverage existed. On June 19, Mazur said that skydiving would notbe allowed on the airport because ofliability concerns. (Exhibit 1, page 3) Mr. Pelzer recognized that Mr. Mazur's actions were contraryto the grant assurance's the Airport sponsor (State ofMichigan) had made and arranged a meetingthattookplace between on June 24 between Mazur, Pelzer and MDOT personnel to discuss insurance. (Exhibit 1, page 3) Two days later, Mr. Pelzer received a voicemail telephone message from Mazur in which Mazur said skydiving was good to go with the existing insurance but thatthe "costofdoing business"justwentup by $8,000 per year. 

### A transcription by

a courtreporter ofthe voicemail is attached. (Exhibit 9) The suspected "payto play" arrangementwas confirmed by Mazur in a subsequenttelephone conversation with Pelzer. (Exhibit 1, page 3) Pelzer then received the third version ofthe Agreement-withthe yearly cost suddenly $8,000 higher. Pelzer asked for a written description ofwhatthe additional $8,000 provided him. He never received

an answer. (Exhibit 10, page 2) On June 30, Mazur sentthe fourth version ofthe Concession and License Agreement (and, for the very first time, a Commercial Operating Agreementwhich contained no pricing or rent terms), with monthly hangar rentraised to $1,550 and PLA rental of$200 per month. (Exhibit 11, pricing page only) Despite the agreementthat had been hammered outby Mazur and Pelzer on the terms ofthe lease on such things as commercial operations, fuel, maintenance, aircraft storage

9

### and signage in their meeting ofJune 4, the fourth version ofthe Agreement addressed none ofthose items. Mr. Pelzer, responded, raising Mazur's continued failure to address issues and constantly increasing price as well as the inconsistencies between the Concession and Licensing Agreement and the new Commercial Operating Agreement. (Exhibit 12)


### July2015 Mr. Pelzer asked for additional parking space on July 3-an area 100 by 150 feet. Mazur responded on July 7 that ofthe additional $8,000 required annual "cost ofdoing business," $2,000 was now for parking and $6,000 for an insurance price increase that "may" happen nextyear. (It should be noted thatthe aviation insurance market has been "soft" for the lastten years and rates are going down, not up.) Pelzer advised Mazur thatfor $2,000, he didn't need the additional parking space. (Exhibit 1, page 4) Mr. Mazur and Mr. Pelzer then exchanged a number ofemails-Mr. Pelzer continued to question the $8,000 Mazur wanted. (Exhibit 13) On July 15, Mazur changed his tune yet again and said his insurance price increase was immediate and he was justprotecting his business and Mr. Pelzer's business withthe additional $8,000 fee. (Exhibit 14, page 2) During the email exchange in Exhibit 15, Mr. Pelzer reached outto Mr. Mazur suggested a temporary agreementto allow skydiving operations to begin-atthe price Mr. Mazur was demanding-while the two ofthem sorted outthe details ofthe Agreement. Mazur immediately shot down Mr. Pelzer's above and beyond attempt

10

### to find common ground with Mr. Mazur and begin operating with a resounding "no." (Exhibit 15) Because ofthe $8,000 "cost ofdoing business" fee and Mazur's continuing refusal to provide a written lease thatreflected the agreements thathe'd made on commercial operations, fuel, and signage, Mr. Pelzer's previous attorney sent a Part 16.21 good faith attemptto resolve a disputed matter letterto MOOT. (Exhibit 16) From what can be determined from correspondence, MOOT treatedthe letter as a Part 13 Informal Complaint and took some action to follow up by demanding documents from Mr. Mazur. However, after that, MOOT ignored the Complaint and did not ever make a finding. During the rest ofthe month there were exchanges between Mazur and Pelzer over the fee structure, including a meeting attheAirport on July 28 in which Mazur used a measuring wheel to measurethe ramp area and told Pelzer that he (Mazur) would be imposing yet another new, higher price schedule-this time Mazur was suddenly going to charge for ramp space (something no other tenanthad to pay for). On July 29, Pelzer received the fifth price schedule for the operation, $1,925 per month for the Hangar space plus $995.07 per month for parking and ramp areas (the previous tenanthad paid a total of $900 for the Hangar space, parking and ramp space.) (Exhibits 2 and 17)
August2015 

### During the first two weeks ofthe month, Mazur and Pelzer exchanged a number ofemails. Due to the radically increased price, Pelzer soughtto reduce the

11

### size ofthe area he was to lease. Mazur repeatedly asked for information that Pelzer had already provided. (Exhibit 17) On August 12, Mazur produced whathe said

was the final Agreement-with the sixth pricing structure. It charged $1,925 per month for the Hangar space, plus $689.43 per month for the ramp and vehicle parking. (Exhibit 18, pricing page only) (The previous tenant had paid a total of $900 per month for the Hangar space, use ofthe ramp and vehicle parking-Exhibit 2) The remainder ofthe month consisted ofMOOT encouraging Pelzerto work with Mazur to negotiate an agreement and Mazur being given a deadline ofAugust 31 to produce documents to MOOT for the Part 13 Complaint, which he failed to meet. (Exhibit 19)


### September 2015 On September 16, the promised deadline Mr. Mazur had established for his management companyto replace the entry doors on the Communityhangar came and went. (They still have notbeen replaced and, as the photos show, are rusted down to the foam core-Exhibit 2.) Mr. Pelzer continued to try to workthrough MOOT to get an agreement. The problems with Mr. Mazur's behavior having become so severe that MOOT escalated the matter to the top-scheduling a meeting thatincluded Mike Trout, MOOT's Executive Administrator, Office ofAeronautics. At thatmeeting, on September 28, which included Mr. Pelzer and Mr. Mazur, Mr. Trout and Mr. Mazur set outthe seventh price structure. This one totaled $1,800 per month. Mr. Troutconfirmed the proposed $1,800 monthly price the next day via an

12

### email. (Exhibit 20) The Agreement would run five years and contained pricing for each year. (The pricing included the unacceptable $8,000 "pay to play" fee.) Following the meeting Mr. Pelzer queried Mr. Trout about the repeated escalation ofthe price for the Agreement and received an email from Mr. Trout indicating a certain lack ofinterest in makingtheAirport competitive, user-friendly \ 

### and self-sufficient, "We have the rightto establish rates and charges and rules that suitus and are not obligated to match other airports, onlyto be consistent. Ifwe choose to charge higher fuel prices itmay notmake greatbusiness sense, butit is

our right." (Exhibit 21) Mr. Troutdid not disclose anything aboutthe process used for pricing in the Agreement or who conducted it, nor whythe price rapidly and repeatedly changed-hardly a transparentmethod ofrunning a State-owned airport.

October 2015 In keeping with his practice, Mazur immediately reneged on the agreement he had reached with Mike Trout ofMDOT in the September 28 meeting. On October 1 he sentoutthe eighth version ofthe Agreementin which he added $689.43 per month on top ofthe $1,800.00 monthly rate that hadbeen stated four days earlier byMazur and Mike Trout ofMDOT. (Exhibit 22) To keep Pelzer offbalance, on October 16 (Exhibit 22), Mazur suddenly added a new condition: He demanded architectural plans and drawings for the interior ofthe Community hangar even though he known since March about Mr. Pelzer's proposed use ofthe Hangar and that Mr. Pelzer was not going to make

13

### improvements, simply park airplanes and an equipment storage trailer and putin temporary classroom and office space not attachedto the Hangar. Nevertheless, Mr. Pelzer had scale drawings made and sentthem-Mr. Mazur approved them. Mazur also came up with another new condition-that Pelzer get an occupancy permitfrom Ray Township (in which the Airport is situated) for the Hangar, insisting thatthe entire hold up for the Agreement has been a lack ofan occupancy permit. (Exhibit 23) Mr. Pelzer contacted Ray Township and discovered that, as Mr. Mazur already knew, Ray Township had never inspected nor issued permits for buildings on theAirport and did not require such buildings to go through its permitting and inspection process. Mr. Mazur had recently constructed

a large building onthe Airport without any permits or inspections bythe Township. In addition, a large hangar that wasjust completed on the Airport was not required to have any building permits from the Township. (Exhibit 2) Nevertheless, Mr. Pelzer made several calls to the Township regarding permits and was repeatedly told thatthe Township didn't require permits or inspections ofbuildings on the Airport (Exhibit 1, pages 6 and 7)



### November and December 2015, January 2016 At some pointduring these months, MOOT quietly contacted Ray Township to attemptto force it to issue building and occupancy permits on the Airport as well

as inspectbuildings. The justification and authorityfor MOOT's actions is unknown.



### 14

### Mr. Pelzer learned in late December that MOOT's actions were successful and that Ray Township will go through a permitting and inspection process for buildings

on the Airport. Mr. Pelzer is willing to go through the permitting and inspection procedure, however, after expending over $30,000 on aircraft, life-limited skydiving equipment, insurance and attorney fees in preparingto start operations everytime Mr. Mazur said he could begin "this weekend" only to have another roadblock erected by Mazur, he is not willing to spend the money for a permituntil suchtime as he has a suitable signed Concession and Lease Agreementin hand.

Part 16.21 Certification As 

### maybe seen from the above, Complainant hereby certifies thathe and his companyhave made a substantial and reasonable good faith effortto resolve the matter informally-including a Part 16.21letterto MOOT, which MOOT apparently converted to a Part 13 Complaint butthen made no finding-and there is no reasonable prospectofpractical and timelyresolution ofthe dispute. As a result ofComplainant going above and beyond the demands of reasonableness in attemptingto enter into an appropriate commercial skydiving agreementbutbeingthwarted by the irrational behavior ofthe principal ofthe State's management company, and the State's condoning and supporting his irrational, ad hoc 

### and opaque decision-making, as well as the State's failure to act on
a Part 16.21letterthatit apparently converted to a Part 13 Complaint, Complainant



### 15

### elected to file this Complaint and respectfully requests that the FAA find he and his company have fulfilled its 14 CFR § 

### 16.21 obligations



### IV. Violations bythe State ofMichigan

What started as a routine negotiation ofa commercial lease became an expensive nightmare for Mr. 

### Pelzer, as Steve Mazur erected more and more barriers to access at the Airport. Every time Mr. 

### Pelzer complied with or agreed to a condition, Mr. 

### Mazur would either raise the price ofthe agreement or come up with new conditions. To make a grievous situation worse, Mazur demanded payment of$8,000 by Mr. 

### Pelzer to Romeo Airport Management in 

### what appears to be a shakedown, a demand for a bribe or, as is referred to in 

### Michigan, "pay to play." MDOT not only failed to rein in Mr. 

### Mazur's ever-increasing demands and pay to play scheme, it engaged in sub rosa 

### action by going to a sovereign Township and demanding that it create a building permit and inspection procedure for the Airport despite that Township historically refusing to establish such a procedure.



### 1. Grant Assurance 5, 

### Preserving Rights andPowers. GrantAssurance 5 states, in part, that an airport sponsor: "a. It will nottake or permit any action which would operate to deprive it of any ofthe rights and powers necessary to perform any or all ofthe terms, conditions, and assurances in this grant agreement withoutthe written approval ofthe Secretary, and will actpromptlyto acquire, extinguish or modify any outstanding rights or claims ofright ofothers which would interfere with such performance bythe sponsor. This shall be done in a manner acceptable to the Secretary."

16

### "f. Ifan arrangementis made for management and operation ofthe airport by any agency or person other than the sponsor or an employee ofthe sponsor, the sponsorwill reserve sufficientrights and authorityto insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances inthis grant agreement and shallinsure that such arrangement also requires compliance therewith." Grant Assurance Sahas been evaluated and interpreted bythe FAA to require that an airport sponsor make decisions regarding aeronautical activities and

users in a rational, coherent and transparentmanner. Seejeff Bodin and Garlic City Skydiving v. County of Santa Clara, California, 

### Final Decision, FAA Docket No. 16-11- 06 (August 12, 2013). In Gina Michelle Moor, individually and djbja Warbird Skyventures, Inc. v. Sumner County RegionalAirportAuthority, 

### FAA Docket No.16-07- 16, Director's Determination (February 27, 2009), the FAA found a sponsor in violation of GrantAssurance 

### 5 where "Respondent's processes and procedures for reviewing the Complainant's requestto provide an aeronautical service were entirely lacking in transparency or documentation, makingthem confusing in nature to the Complainant and generallyincoherent" In Warbird Skyventures 

### the FAA found thatthe "laxity and incoherence associated with the decision making process" made it unclearto the Director whether or notthe Respondent sponsor actually understood its Federal obligations. In that case the record showed the Respondent arbitrarily changing business practices, butthe record did not contain any information as to why or upon what information the Respondent denied the Complainant's business request. [Garlic City, 

### p. 41] The Director found that, in that
case, the "incoherent, ad hoc practices cede[ d] the Respondent's ability to adhere to

17

### the Grant Assurances which constitutes a violation of49 U.S.C. § 

### 47107(a) and Grant Assurance 5." [Warbird Skyventures, pp. 2 and 46] Steve Mazur has been referred to in southeastern Michigan aviation circles as "the man who can'ttake yes for an answer." As shown above, Mazur's inability to keep his word on an agreement and almost pathological need to irrationally demand additional conditions to any agreement, and MDOT's continued support ofhis unreasonable actions are notin keeping with the FAA's requirementfor rational transparent operations under Grant Assurance 5. Here, the inexplicable, ad hoc, incoherent actions ofthe Airport sponsor's agent, Steve Mazur, supported by MDOT, in repeatedly changing the price for the Agreement (eight different prices), reneging on agreements reached in face-to-face meetings between the parties, failing to amend draftAgreements to reflect the agreements reachedbetweenthe parties, suddenly demanding insurance estimated to cost as much as $200,000, then withdrawingthe demand and substituting a demand for $8,000 as a"cost ofdoing business," which he latertried to cover up as paying for a potential liability concern and then demanding nonexistentpermits and inspections are clear violations ofGrant Assurance 5. The behindthe scenes attemptby MDOT, without statutory authority, to force an independent political entity, Ray Township, to create permits and inspections it didn'thave, in support of Mazur's irrational demands, is further evidence ofa complete lack oftransparency in the dealings by MDOT and its agent, Steve Mazur. It should be noted that Steve Mazur and MDOT were previouslythe subject of

a Part 13 Complaintin which Mazur's erratic, unpredictable, irrational behavior in

18

### contractnegotiation meantittookthree years for that complainantto negotiate a simple land lease with Mazur so a hangar could be built on theAirport. (Exhibit 2) In contracting out airportmanagement, GrantAssurance Sfstates thatthe airport sponsor is not relieved ofits grant assurance obligation under such an arrangement-itmustexercise its rights and authorityto seethatthe management company complies with Federal obligations and grant assurances. In this matter, MOOT took no effective action to make sure Steve Mazur and Romeo Airport Management operated in a transparent, rational, predictable matter in entering into

a commercial operating agreement with Mike Pelzer after Steve Mazur had agreed to terms. Instead, it satback as Mazur repeatedly changed the pricing structure and imposed newterms and conditions-and then acted in supportofhis ad hoc, incredible actions by sub rosa 

### approaching a sovereign political entity and successfully compelling itto impose inspections and permitting on a potential airporttenant for the first time ever. The violations are open and obvious.



### 2. Grant Assurance 22, 

### EconomicNondiscrimination. GrantAssurance 2 2 states in part, that an airport sponsor: "a. It will make the airport available as an airport for public use on reasonable terms and withoutunjust discrimination to all types, kinds and classes ofaeronautical activities, including commercial aeronautical activities offering services to the public atthe airport" It goes on to sayin section (i) 

### that, "[t]he sponsor may prohibit or limit any given type, kind or class ofaeronautical use ofthe airportifsuch action is necessary for the safe operation ofthe airport or necessaryto servethe civil aviation needs of the public," however, the provision does notprovide the sponsor with unilateral 

### 19

### authorityto ban certain aeronautical uses atits airport. [Seejeff Bodin and Garlic City Skydiving v. County of Santa Clara, California, 

### FAA Docket No. 16-11-06, Final Decision (August 12, 2013)]. FAA Order 5190.6B further outlines the limitations on
a sponsor's restriction ofaeronautical activities. It states that anyrestriction must be based on safety and efficiency and adequatelyjustified and supported; must be reasonable and not unjustly discriminatory; and the FAA will be the final arbiter as to whetherthe particular activity can be conducted safely and efficiently and whether the sponsor's proposed limitations are reasonable. [Seejeff Bodin and Garlic City Skydiving] 

### Here, Steve Mazur's actions in repeatedly erecting barriers to Airport access in the form ofnew or changed conditions and a "payto play" demand, have worked to establish a defacto 

### ban on skydiving-despite any words to the contrary. Banning skydiving for the sake ofefficiency by refusing to enter into a lease is a violation ofgrant assurance 22.



### 3. Grant Assurance 23,

### ExclusiveRights. GrantAssurance 23 implements statutory provisions 49 §§ 

### 47103(3) and 47107(a)(4) providing, in summary, thatthere shall be no exclusive rightfor the use ofany landing area on which Federal funds have been expended and there will be no exclusive rightfor the use ofthe airportby anyperson providing or intendingto provide, aeronautical services to the public. An exclusive right is defined as a power, privilege, or other right excluding or debarring another from enjoying or exercising a like power, privilege, or 

### right. [See

20

### FloridaAerialAdvertising v. St. Petersburg-Clearwater InternationalAirport, 

### FAA Docket No. 16-03-01, Director's Determination (December 18, 2003)] Such a right conferred on one or more parties, but excluding others from enjoying or exercising a similarright or rights would be an exclusive right. [FAA Order 5190.1A, Exclusive Rights atAirports, 

### p. 1] Itis the FAA's policy thatthe sponsor ofa federally obligated airport will permit no exclusive right for the use ofthe airportby any person providing, or intendingto provide, aeronautical services to the public
...will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right atthe airportto conduct any aeronautical activities. [Florida Aerial Advertising] 

### The application ofany unreasonable or unjustly discriminatoryrequirement

or standard to proposed aeronautical use ofsuch airports is considered a constructive grant ofan exclusive right contraryto applicable law and FAA regulations. [Florida AerialAdvertising] 

### By unreasonably denying access to a proposed aeronautical activity, an airport sponsor is in violation ofthe exclusive rightprohibition. FAA Order 5190.68,Airport Compliance Manual, 

### describes in detail the responsibilities assumed bythe owners ofpublic-use airports developed with Federal assistance. It clearly defines parachute activities as an aeronautical activity and gives that activity no greater or lesser weightthan other aeronautical activities protected by grant assurances. Chapter 14 explains thatparachute activities are given equal access to airports developed with Federal assistance as are all other defined aeronautical activities.

21

### 49 USC § 40103(e) prescribes, in part: "No Exclusive Rights at Certain Facilities.-Aperson does not have an exclusive rightto use an air navigation facility on which Government moneyhas been expended." FAA Advisory Circular AC150/5190-6, was created bythe FAA to provide guidance to airport sponsors in complying with the statutoryprohibition on granting ofexclusive rights (49 USC§ 40103(e) and unjustly discriminating against aeronautical users ofairports. Itmakes clear in Section 1.2 Agency Policy: "An exclusive rights violation occurs when the airport sponsor excludes others, either intentionally or unintentionally, from participating in an on-airport aeronautical activity." (emphasis added) 

### As shown above, the sponsor, through its airport managementcompany, has implemented a defacto policy ofprohibiting skydiving and implemented itthrough continuously imposing newbarriers, conditions and pricing structures and refusal to live up to agreements reached in face-to-face meetings. The FAA has long recognized that delay ofapproval for airport access is denial ofaccess. [See Frank Hinshaw, Skydiving School, Inc. djbja Skydive Hawaii andIsland Skydiving, L.L.C. v. The State of Hawaii, FAA Docket No. 16-12-04, Director's Preliminary Determination, (August 18, 2014)] Here, Mazur's actions have effectively denied airport access to Complainant, a violation ofGrantAssurance 23. The FAA has a statutorymandate to ensure that airport owners comply with sponsor assurances under the Federal Aviation Act andAirport and Airway ImprovementAct of 1982 as amended and recodified, specifically underthe statutes referenced above. FAA Order 5190.6B provides the policies and procedures to be
22

### followed bythe FAA in carrying outits legislatively mandated functions related to federally obligated airport owners' compliance with their sponsor assurances. The FAA monitors the administration ofthe valuable rights pledge by airport sponsors to the people ofthe United States in exchange for monetary grants to ensure the public interestis being served. The FAA considers itinappropriateto provide Federal assistance for improvements to airports where the benefits ofsuch improvements will notbe fully realized due to inherentrestrictions on aeronautical activities. [See Skydive Perris, Inc. v. Henry County, Tennessee, 

### FAA Docket No. 16-05- 06, Director's Determination Qanuary 20, 2006).] 

### Conclusion As shown above, the irrational, ad hoc and opaque actions ofthe sponsor's agent and sub rosa 

### actions ofthe sponsor in compelling a sovereign political entity to create more and more conditions as barriers to Airport access have functioned as
an effective denial ofaccess for a year. Complainant asks for a determination thatthe State ofMichigan, as sponsor ofRomeo State Airport, is in violation ofgrant assurances 5, 22 and 23.



### V. How Complainant Has Been Affected
Complainanthas expended ofover $30,000 as described above preparing proposals for the Hangar use, drop zone location and skydiving operation; putting insurance in place that wasn'tneeded, life-limited skydiving equipmentthat couldn'tbe used and attorney fees as he repeatedly prepared to start operations on

23

### theAirport and then was subsequently denied access by Mr. Mazur; he made repeated trips to Lansing and the Airportto meet with MDOT officials to attemptto get an agreement with Mr. Mazur, losttime at workto go to those meetings, and suffered an estimated loss ofrevenue or $200,000 to $300,000 for the 2015 skydiving season due to the irrational and adhoc 

### actions ofMr. Mazur and MDOT in denying commercial skydiving access to the Airport. Individuals who were to come to work with Mr. Pelzer's company as skydiving instructors, parachute riggers and_pilots turned down otherjobs because Mr. Mazur repeatedly said thatMr. Pelzer could start operating "thatweekend" and Mr. Pelzer passed that word along to those individuals. Many then had to start looking for work again because they could notwork with Mr. Pelzer's company. Mr. Pelzer has paid taxes that have gone into Federal Grants made to the State ofMichigan for the Airport, but has been denied the benefits ofusing the Airport. Complainant has incurred the costs ofinstituting Complaint.



### VI. ReliefDesired
Complainant seeks an Order from the FAA requiring: Thatthe State ofMichigan issue, within 30 days, approval for Complainantto begin commercial parachute operations onto the Romeo State Airport immediately, and its immediate approval for Complainantto lease the community hangar for

24

### office and classroom space, as well and ramp and parking use atthe price originally quoted byMr. Mazur ofa total of$950 per month.

Dated: February 18, 2016

25 Respectfully submitted,
Richard 

## J. Durden, Attorney at Law Attorney for Complainant**By:,?<;~~~~~.,_**



### . urden ichmond Hill Road Conifer, Colorado 80433 (616) 901-65156 avlawyer@yahoo.com

### CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing 14 CPR Part 16 Complaint on the following person at the following address by mail: l\1Llce Trout Executive Administrator, Office ofAeronautics Michigan Department ofTransportation 2700 Port Lansing Road Lansing, Michigan 48906-2160 Dated this 18th day ofFebruary, 2016

### (

Feb 2015 3/6/2015 3/13/2015 3/26/2015 3/31/2015 4/17/2015

Early May 5/13/2015 5/14/2015 5/21/2015 5/22/2015 5/26/2015 Spoke with Bill Decker (airport manager) about setting up a Drop Zone and he thought it was a good idea and may bring some additional business to the a Initial phone conversation with Steve Mazur, owner of airport management company. Meeting with Steve Reviewed first version of Concession Agreement from Steve. Hangar rent $950/month. Mike P. emailed Steve with concerns in the Agreement. Emailed Steve the waiver Iuse. Went to Steve's office with my financials and current coverage because he ignored my numerous phone calls and voice mails. Had a meeting with Juan (MDOT), Bill Decker and Steve. State approval Sent Steve an email with concerns. Iwas suppose to have paperwork agreements and did not. Left Steve multiple messages, no response. Received phone message from Steve stating he had "no excuse" for not getting back with me.**~~""""**

E,x//1$;) 

# I

,-::.?/1 /**~** J(

5/28/2015 5/29/2015

5/30/2015

6/1/2015 6/2/2015 6/3/2015**/~** i \

Met with Steve to work on COA. He brought up compensating the farmer for the landing area. Steve wasn't sure on the size of the landing area but I told him that I would give the farmer what he was paying for it. Steve said $200 per month and when I asked how he came up with that number, he couldn't come up with a good explanation. I asked what the farmer was paying and I mentioned that he didn't even farm the majority ofthe landing area. Together we estimated that the farmer was paying less than $100 per acre per year for the property he was farming. I offered to pay double for what the farmer was paying for the property and that's where it was left. I asked "how much longer on the paperwork" and was told, "you'll have it tomorrow morning". I asked if it was safe to tell my staffthat we can get started this weekend and he said "Okay".
Left six messages for Steve beginning at 1:30 p.m., no response. Called Juan. Out of frustration because ofthe lack of response from Steve, I decided to drive to MDOT in Lansing to express my concerns about the response time and the way things were being handled with Mr. Mazur. I spoke with Mark Noel who listened, made a few comments and before leaving I gave him a copy of my waiver as well as my insurance coverages. On the trip home, Juan called and said to call Steve. Steve told Juan that "we couldn't agree on price". (Steve was asking me to pay $200/month for property that was being leased to a farmer for less than $100/acre per YEAR. Called Steve, told Steve $200/month for 9 months ($1,800), he said he was about to go into a meeting and said that he would "contact me when he was out". He also said that he set aside four hours to complete the agreement on Friday and if it wasn't finished would complete it on Saturday. I attempted to contact Bill Decker about a current hangar lease and had no response or contact from either ofthem.
Sent Juan a text to update him on the situation. Spoke with Juan at 8:47 a.m. and was told that I should have an agreement in ut an hour. That afternoon I received the Concession and License and Romeo COA. Reviewed documents and sent email to Steve with concerns. Spoke with Juan.



## 1.4 U L6/4/2015

6/4-6/10 6/10-6/19

6/17/2015 6/18 and 19

6/24/2015 6/26/2015

6/29/2015 Met with Steve and almost had the agreement complete. Asked for written fuel price agreement, trailer, signage, entry way doors. He showed me an email from his "insurance guy" with insurance requirements. I told him that that type of coverage was unattainable and he agreed to what was written in the contract. I also asked if it was safe to tell my staff we could get started and again he said yes. I struggled to find an insurance policy that met his insurance agent's requirements, but was able to find something. Received on June 11th. I had numerous discussions with Paul Calley (Steve's insurance agent) in regards to insurance. Mr. Calley claimed he may be able to come up with a policy that met all of his requirements. I still have not seen it but Mr. Calley quoted me prices ranging from $15,000 to $200,000 per year. He also made attempts to call the shots and make demands that do not conform to industry standards or FAA regulations. Most ofthis has been forwarded to Juan Zapata.
I was told by Steve that he would "make a decision tomorrow". I have heard nothing from him. I discussed insurance and other demands from Paul Calley with Juan. Juan told me that Paul was going to cancel Steve's insurance if he allows skydiving. Steve said he is out because of liability concerns. Meeting with Steve at his offices. 10:20 a.m. phone message from Steve saying that we were good to go but the rent is increased by and that it's "the cost of doing business". Miraculously all the insurance requirements that Mr. Calley was demanding went away and an additional $8,000/year would suffice. 10:40 a.m. returned Steve's call, no answer. 10:54 Steve called back, I inquired what the $8,000/yr was for and was told it was insurance requirement. I pressed for details and asked for a copy of his policy and a written explanation of what the $8,000/yr was covering. Side note: Ihadbeen toldfor the lastfive weeks Iwould have an agreement. It would get close to the endofthe week and my texts and emails would be and unreturned bvSteve. This was a 7:27 p.m. I received an email from Romeo Airport Management with the latest version of the agreements and I could not open them.



### f/Jli£. 37/3/2015 /2015

7/9/2015

7/16/2015

7/17/2015 7/20/2015

7/21/2015**,~**

Received a readable version of the agreements. This version didn't change much from the version received on 6/1. There were some spelling corrections that we worked on in our meeting on 6/24 but the bulk of the issues in this version and the 6/1 version remained opened. Rent increased to $1,550/month plus an additional $200/month for landing areas.
I did ask for an additional parking area, 

### ifneeded, because ofthe speed at which things had been moving and didn't want to cut myself short. This area was approximately 150'x 100'. I was told in an email that the $8,000 was for parking and insurance: $6,000 for insurance and $2,000 for parking. Mr. Mazur said the insurance increase would happen December or January, or maybe not at all. Wondered if he was underinsured to begin with.
Switched back to the original parking area because of the price change. ($2,000) I was told the insurance increase was immediate, that the nature of my business was increasing his liability and that he was protecting himselfandmybusiness. This was a red flag that he was probably underinsured for approved aeronautical activities.
Because of Mr. Mazur's constant changes and delays, I asked my attorney to send a letter to MOOT in regards to an informal Part 13 complaint.

I asked if the increase was covering myjumpers since this was a huge concern of his back in June. His response was "No it does not. For anyone or any business to cover your jumpers it is cost prohibitive". Still no explanation for the $8,000. I asked to add this wording into the agreement
... This Agreement is being entered into between Romeo Airport Management, L.L.C., and Pegasus Parachuting Service, Incorporated, withoutprejudice to any 14 CFR Part 16 AirportAssurance matters raised by Pegasus Parachuting Service and/orMike Pelzer.

He refused to enter the above statement. He was asked to enter the email exchanges between him and me (from 7/3) as an exhibit.



## f4C£ '-I7/28/2015

7/29/2015

7/31/2015

8/3/2015

8/10/2015

8/14/2015

8/24/2015 ("',

He ignored the last email and asked to set up a meeting to measure the hangar space and parking area to set up yet another new pricing structure, He claimed that I changed the area needed for parking three times, There was only one change that was not in a direct relationship to a price change that I made,

was mformed that the previous tenant paid $900/month for the same area in the hangar that I was attempting to leasR They did pay parking or ramp rentals. They left when an attempt was made to raise their rent to $1693.75 per month.
Met with Mr. Mazur at the airport. He walked around with a measuring wheel, told me what the new rate would be on a per square foot basis. He didn't ask what I needed for ramp area and informed me that I would now be responsible for the lawn maintenance in the parking area. I was informed what my new rent would be based on his newprice schedule, $1 for the ramp and parking. This amount seemed excessive so I asked for a diagram showing what he had measured.

I received the diagram. I once again had to change the areas I needed to operate because of the price structure changes and the delays caused by Mr. Mazur in completing an agreement. It was getting close to the end of my season. I received an email from Mr. Mazur in regards to changes in the area 1 need. He was asKrng tor rntormation mat was provided. Rather than produce an agreement he chose to send additional emails requesting information that he already had.

an agreement. In addition,

the final agreement. In his email he stated that he refuses to further negotiate on price or areas. He had either developed another new price structure or has ignored the emails in regards to the area I need to operate because the numbers changed yet again. Hangar $1 ,925/month and ramp and parking is $689.43. ramp area according to my request acknowledge he had the information). His reasoning was because of "my type of business".
Because of his inaction, Mr. Mazur was given a deadline of to produce a response and documents in regards to the complaint**Jf'kl-L~~**9/28/2015

10/28/2015**/~.**

Mr. Mazur missed his deadline for replacing the deteriorated hangar doors (as of 10/4 the doors still hadn't been replaced).

I attended an aviation event at PTK and introduce myself to Mike Trout. I expressed my displeasure and some opinions as to the way things were being handled. That·evening in an email exchange we decided to try another meeting. Mr. Trout, myself, Steve Mazur and his father met at Romeo Airport. We discussed several items and came up with a price that was

I sent an email to Mr. Trout with some of my concerns in regards to Mr. Mazur's pricing structures and lack of attention to items discussed since dav one. I received the latest revision of documents from mr. Mazur which included a note from Steve saying that he was going to charge me for parking which was rolled in to the monthly rent rate. This is adding $689.43 per month and comes to more than $43,000.00

In emails from the 16th and 10/20, Mr. Mazur switched gears again. He is now requesting "architechtual plans and drawings", claiming he'd known nothing about parking situations, and also claiming that these Items have been the delay for "several months" even though these were the first requests. He is also looking for "occupancy permits and approval from the township. He was told back in March that nothing would be done without the township's approval.

Received another email from Mazur asking about items like plumbing, parking Jot striping, flooring, heating and cooling. He's full well that all ofthese items are additional roadblocks and hoops to jump through. Portable toilets don't use plumbing. The state approved the parking plan months ago. Carpeting or gym floor type padding would be laid on the floor to pack parachutes on. There is no heating or air conditioning to be added. 

## f'lhlf

## 0

## d'IN
../i: 

# 9-

### AIHDAVIT OF l\IIARK**VJ1~IGftJ'fD**

l. I 

### am the chiefpilot

### tbr Excavating, a lt..!ficbigao"1 corporation. I an1 

### also an atto:r:ney licensed to practice law· in '1:he §tRte ofl·llictDgan. I rr1ake this affidavit based on rny personal kn{P,v1edge and could testify to the rvontents ifcalled to do so. 2. ItJ.2012 1 and since**2002~ Dan~s**  Excavatingrented about halfofthe large con1mlLnity hangar eGHangi:U. '') at Romeo State Airport, located in Ray T**ov:,mship~** lVlic:bJgan: ('"A'**,...~r) 'T'~** **--~~** ' .I " .,_**.;;-~ ~**  . (;,: , :.n}JO.u. , JLl1.e purpose**ot~.ne rern.:a~**  was £0 

### store
..rte con1pa:ny s**rurcrru-i:~ mos~;**  recently a Cessna CJ4, a general avfationjet. As 

### ofthe iline Dan,s Excavating vacated 

### the**Hai1gar~** 

### the rental fee ·was $900 per m,onili. 3. I have spoken to**N~Hce** Pelzer and be has a1vise,el Y'11e**thtr~** he vvisb.es to :rent Dm1l's exca>1ating '"v-acated, to use to**~tt1n** a corc:rnerd<Jl skydiv-ing**ope:~ation.,** space

4. I have attached f.Jurphotographs depictir1g the condition ofthe Har.tgat 

### in 2013. I took 

### the photog;raphs and they truly and accurately shov; tl;;e condition ofthe Har.:g;ar**then~** and today a.s vvelL 5.**Ron~eo** State 

### Airport is ovvned by the State of}<A:ichigan. The lvHchiga.11**Depa.'<"tr1err~** of Transportaticm OITice ofAeronautics**("~A_efonautics~~)** leases itto Rorneo JJ.rpcrct 

### M t v " 0 

### ("RA

- 1 "'"' anagen1en**~** L.L.L. .,. ,-.• Vt J·



### cvvr1er of:R..4Jvf, eJnd told the H.a.ngar ·vv&s in suchpoorrepair that 1'1:**~,;vas** :J.eaz·iy unirJ1abitable and that Den**~s Exca:vath~1g**  ;,vanterl to build ZJ. private hwgarJ 'l;vlth self
..fueiing**fa(·.ilit-f~** on ii1.e AJ:t;OCIJ"1 to house its aircraft. I told him that Dan,s Excavating wished to euter into a land lease for the space on which the hangar y;,rou.ld be built 

### 7. for 

### the next 311nonths 

## t &.rtd our cornpany, continued to mt;ke requests ofRAJ\1 

### and**consiste-r~tly** 

### Tefused to provide alease that did not**vio1at~** 

### Grant Assu.rw"'lces orto sen fuel to the**public~** and several times he gave 1ne a comrnercialland use agreement to that effect. Even if0&"1 9s Excavmi:ng 1Nould ha-ve been vvHHng to sen fuel tc the public (it was not), th-e leases provided 

### by RAivl not have enough space to erect a f.xel fann. During those 31 m.onths I repeatedly told RMvf that**Dar.1~s** 

### Excavating only**~wanted** 

### a hangar**~vhere** 

### it could store and service its 

### aiq;lan:e along**v~'ith** 2. suitable**self~**fueling agTeement and :eetm.11ed marked up versions ofthe lease to RAN'L**_RI\~1I** never agreed to such 1:1n arrang.exnent. To n1-y k.novvledgeJ PJlJVi has never aUo-.Ned self.,fueling on the .AJrport. g. 

### The cvn1m.erdallfh>iJt.d use agmennent proposed by R..AJvl also had a pro·vision**aHo~vir:tg** Ron1eo .l\.irpor.t**f".1anagem~ent** to confiscate vrhat vvould be a hangar costing :rnore than $250,000 should Dr:m' s**Exc~:nn:atlng** violate any term ofthe agrecanent even**once~** vvithout regard tv**~~lfichigan** foreclosure**law~** and the due process oflaw. 9. I contacted Aeronat..<t:ics several times throughout the 31 month period in an attempt to get assista:t1.Ce in obtaiTiirrg a pdvare hangar grou..n.:d.**ler.~.Se** agreerrtent inp1aee. AU ofthe attet:npts vvere unmJ.ccessfuL 10.**P~fter** 31 n1onths ofbeing unable tn even get a draft p:dvate hangar ground lease agreement from "R.P,_l\.'1, I retsJned cov.nse1 on behalfof**Dan~** s Excavating. Son1..e vveeks**later~** onl\fovem.ber**12~** 2013 1 counsel filed a. Pa._rt 13 Complaint alleging violation of G:ra11t Assurances by the State oftvlic:fdgan and Romeo Airport IVIanagement for the failure to aUo¥,r construction ofa private hangar and self-fueling facility on the Airport. 11.**J~rter** filing the Psrt 13**Con1pk•int~** vve received a draft private hangar emd self-fheling lease frorn RAlVL Kt conta:L.-,ed ter1ns ond conditions tJu:rt vve"t.'e not n:;asona.ble and RP1.l\1I "lvas contacted to negotiate the terms. Over the next 111nonths, vvith the Involvement of J1teronautics a.nd the F**f\J.i~s** Great Lakes Region Allpcrts**office~** I**att~.mpted** to negotiate an app:n1priate lease vl"lth IV[;;:. lvfazwr. I found 'Nhen I would agree to lease**tenns~ RJ.~Jvi**  wm.dd irrr_mediately**eith~.er** chan,ge thenJ. or add. ne<Jl/ conditions t-,u {he lease that V{e:re unacceptable. 12. During the course ofthe Part 13 Complaint, RJuvf provided a dr!IJ.'l: land lease to the FA.J't/s Great Lakes Region Airports office. On October 28, 2014, itfm.md that the draft**lease~s** tenns did. not violate gra:nt: assur--ances. I 9orrtin.ued to negol:iate v..-ith RAlvL 

### to corne uu an acceptable 

### Ieas·t-he conti:n:ued to ch?-U.J.ge te:rrns I bad. agreed

.**~** • I p ' • •**~** • "'D ' p . to**tf1ern~** m.c..w::.n1g_, 

### at one**pornt~** :n1strtrn.g a tenn tnat requrrea ..;tir-1 s**~xcavatrng** to lTISUl'e13.1nDecen1ber**2014~** an agreernent ¥las reached. on a badlease, but not**self~**fueling. The land lease ViaS placed in final fonn ibr 1\l.fr.lll:azrrr's signaU.tte. P-JJ:Jvl took no action for the next tP.;ree**r.non:ths~** and did not retmn telephone caHs ur emai1s. 14.lnMarch**2015~** a rneeting 1:vas held ft-
..

### eronaudcs and R.PJ\A to sign the 

### lease, It

date. The tenns heproposes J:nake**self~fu.eliug i.r.a.possible~**  so hls FBO h?JJs a n.1oncpoly 

### on 11leli.."lg on. the Ah1'ort.

15. On Iviarch 20$ 2015 5_vvhich ·was after the h&.'1ga:r grr:nmd lease was**sigx1ed~** we and our building cornpany,**E3B1~** LLC sent an ema11 to R.A.N{ and**Aeronautics~** to resolve the ren1aining issues with regard to the**Sf;If~Fneling** u1.atter. The m.e.rno c;ontained a &·aft of a SelfpFueHng Agreem.ent (v 2/13/2015) that 3eeu1.ed tf'J' :meet 7Nuid. be ccrapliance ;,.\rith the Grani Assmm1ce:s. 16.**f~o r<;~sponse**  hcr.s been received to mouths. parties needs fuld

last 12

17. Before co:nstn1ction ofthe hangar beg&!, 011 "tlno occasions both I and**Dan~** s building n18.11age.r contacted Ray Township to inquire 

### if

### it ·would issue a buHdh1g**perrnit~** inspect the hangar a11d issue an occupancy permit. I was infc1n1ed that 

### Ray Tovvnship does not go du·ough a pennitting process 

### foi· buikHngs on the i\irport.
Ht Bofh D?:r/·s building**~:.ae,.:.11ager** and I inqu.i.red ofthe Building Department ofthe State of ?vi:ichlgan o.borrt the pr:::rr.t1itting process. TFJe >,vere told to cor.n.pkte tbJ-e application !3.nd. send 

### it specified fOr a pennit. It v;s..s: retmned, ·vvith a statem.ent that the building -was**~**N"ot 11ilithln Their Juzi.sdiction' 

### 19. The hangar \vas plarn±.ed. ?:rrd built to 1:11eet o1· 

### exceed**standc.~nis. f..i.,_ccordingly~**  construction ofthe hangm· ·wer1t**:f"'):t~.T>Jsrd V;,~thout**  a permit frou1. either Pc..ay Tovn1ship or the BuildingDepartrru::nt. The ht:ngar is .notv co111plete End in use. '[ou should see it. f(s w;;ry tdce.20. J.11**Septentber~ 2014~**  both ofthe Airpo:rfs Instnu:.uent Approaches \Vere restricted to daylight only operations. 21. On December 23,2014 and Jam.;a, 0 6, 2015, F"'>A Detroit ADO conferred with lv!DOT 

### about conecting the dosu...re ofboth runway**approaches~** 

### vvhere it 

### seerned that only one dosu.re**~vvcw rec1uired~**  Pilld t.\at fviDOT**ag~·ee0._** to work to Correct t1.1e obstacle that closed the remaining n.m.\vay IFR approach, 22. 

### Tf..1ose**conversations~** and an agreed upon schedule for correction, Vias mernorlaHzed in a A.ero:nautics on February**5~** 2015 (ati:ached), and 

### it requested that a '>Nrhten**rr.J:itigctior~** plan 

### by Ivfttrch**6~** 2015.**"""'~** 1 "'-' t •**.~** ' ""' t ' •)t'- ' • • • A L:;. 

### Jte:.cer no ©d 

### trlat- u1·an iissura:o.ce
.....

### v reg_u1res appropnate act1onro protect 

### anu. 1Iiliigate. 24. I •vva.s told on February J_, 2016) by the Detroit ADO p·ersonnel, that no plan 'Was received in iVIarch 2015 ElS agreed. 25. As cfth.is date, and for about 18 months**prior~** both night appX"oaches are not**authorized~** and there is no da';e by which they may be expected to be restored.

Furtl.ter Affiant sayeth naught.

Mark**~**eigarxd

j

# AA**a.M~**

# fXtz:;&k- · " }\Jotary Maria Plantus Notary Publlc of Michigan Qakland County Expires 01**20~** 8 ACting in the County o · 

## ;".. !J, )/J/( t__,.- I**/~~i** DateU.S. Department afTranspor!afion Federal Aviation Administration February 5, 2015 Ms. Carol Aldrich Detroit Airports District Office 11677 South Wayne Road Suite 107 Romulus, MI 48174

Michigan Department of Transportation Office of Aeronautics 2700 Port Lansing Road Lansing, Ml 48906 Dear Ms. Aldrich: NOTAM Airport Runway Closed for Night Operations Romeo State Airport (098) Romeo, Michigan This letter is a follow-up to a January 6, 2015 telephone inquiry by the Aircraft Owners and Pilots Association (AOPA) to the Federal Aviation Administration (FAA) about night time closures at Romeo State Airport. As a reminder, the Michigan Department of Transportation-Aeronautics (MOOT) is responsible for project accomplishments at all airports covered by the State Block Grant Program (SBGP), including Romeo State Airport. However, the FAA had a teleconference regarding this matter with representatives from MOOT and AOPA on December 23, 2014. Based on this discussion and further investigation by the FAA, we offer the following information:
• If penetrations are to the 20:1 visual area surface of the airport's instrument approach procedure for Runway 18, then only that runway end is restricted at night for IFR operations. We would not restrict VFR operations and aTNOTAM would be issued for the procedure. Consequently, there is no need to issue a local NOTAM.
• If trees penetrate the visual approach surface, as defined in Table 3-2 of FAA Advisory Circular 150-5300-13A (Airport Design Standards), the airport would need to restrict operations to only the Runway 18 end.
• If trees are penetrating the Part-77 Approach Surface, we would ask the airport to file an airspace study through the FAA's Obstruction Evaluation Airport Airspace Analysis (OEAAA) website. The airspace determination would provide recommended mitigation (if any). Issuing a NOT AM to close the entire runway at night restricts operations to Runway 36, which appears unwarranted. Restricting more than what is required may result in non-compliance with the Sponsor's Airport Improvement Program Grant Assurances since they are not making the airport available for public use. Specifically, Grant Assurance# 20, Hazard Removal and Mitigation, states the Airport Sponsor "will take appropriate action to assure that such terminal airspaceas is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards." The FAA treats each runway end independently. If Runway 36 has no 20:1 penetrations, this runway can remain operational at night when Runway 18 is NOTAMed closed. We recommend reviewing the 40:1 departure surface for Runway 36 to ensure there are no "new" penetrations. MOOT provided the following information to the FAA on January 29, 2015: • MOOT is working with the airport to get the runway at Romeo back online as soon as possible. • Negotiations for acquisition of avigation easements are in process to allow the airport to cut trees north of the airport. • MOOT is working with the airport to move the displaced threshold an additional 169 feet. o The displaced threshold lights are scheduled to be moved by February 4, 2015. o There are issues with relocating the runway markings due to weather conditions. MOOT is proposing to temporarily mark the new displaced threshold with yellow cones placed over the displaced threshold light mounts. This would be supplemented by a NOTAM indicating non-standard runway markings for the Runway 18 displaced threshold. o Once the temperatures allow for painting, they will go ahead and remove the existing displaced threshold markings and repaint the markings in the new location. • The PAP! for Runway 18 will remain unusable, and RNAV (GPS) approach procedure to Runway 18 will remain NA for night operations. Please provide an update to AOPA and FAA with respect to the mitigation plan by MOOT regarding this matter by March 6, 2015. If you have additional questions please contact me at (734) 229-2909. Sincerely, 

## ORIGINAl SiGNED BY Marion D. Pefia Program Manager, Detroit Airports District Office

cc: 098 Airport- Steve Mazur AOPA- Adam Williams AOPA- Mark WeigandI .ICE'IiSOR: 

# c
UCENSEI·::

) RO\!EO AIRPORT \lA'> H;f:\lF'IiT, LLC. 2146 U\ER'IiOIS TROY, \liOHGA:"i 41'101!:1

I'FGAStS I'ARACHI Tl"!(; St:RVIO:, l"iCORI'ORATEI) 1!!-15 U m;\TE L\'liE RO( '!lESTER !!ILLS, \HCIUGA'\ 41!309

# ( CO:'\CESSIO:">i A"ilJ UCE"iSE .v;REE:\IE\T THIS AGREF:\tENT**mad~** Ihi>**d~:>** of**\l~rch.** :'01 '·h) Jnd l:x:!\\c,·n Romeo Airport**\t:.~na~ement~ L~L~C·~**  (hercirmftcr rdCrred to as .. i**.i(..;:n~.;;n(')** a \tichigan Limihxi I.iahllit;. CtH'poratitlrL \\hose**at:kfr~=~~** is 2l46 f_!\**('t1h1i·:;~ -~roy.** **\fi\.'hig~ln** 480S_,_ anJ I)C$!USUS**Parat~huting Sen·ic(~s~**  lnt"orporakd.**\'.hos~·** aJdrl'SS**i:~** !R45 f udg:.th.' l.ane.**R{)Ch~..?skr** Hills. 1vikhlgan 4K10t}_ (hereinafter**rt:f~.."rn.·d** h)**a~** ·"1.1n·n-;_cc--).

Liccns
... •c**al.!J'l'l':-~** fll h:;is.c flh..TrimJfk'r lilt,_·**-·_-\"\2r\.:-l~ml'nt** .. l thr FP!h.f\\11112.**~rat:c-** Cnrnrnunit\ Hanear

.._ ' .. - '- - -**~** Buddin2-**th.:rr.:in~1~k·r** thr**"Pr~·mi'~~·** i**Lu1gar'"J~** The: Prrmisl.' t !angar**~mJ** Bui!dmg m·l' ..,hnwn in E\:hihit**.-.,c'!-~** ;HJ:a(:h1.xi hcn.:·in. TlH_.· Prx.·1nis.c .I L1ngar -shall h(" U:-\cJ and**i.)Ctupil._~d** h: t icrn-st:e snh.:·l}**t~w** the :--;!orag.t.:· of**~!lit'** ain

. :rufl \.\ ith th;;.'" t\ flin\\**in~.** :\ irLT<lt1 !delHi llcHiPn \:Wllher i h,_.-rdn afh:r r('fcn\_·d io a;; the ·":\m.:rafi'-)
..**i.iccns-t;~..;:** rna;. :-..lor.;; Jnut!wr**simib~·ain..:r~ll1** ...ntd;**o\-\H~d** and up..:r-a.tt:d hy Lic-..en:.:..t_"(' (th-::
..... Substitute**Ain·r~ff~** L pnn**id~.·d lh~**  Suhslituh.· Airt.::mh has {1htaln..:d tlw v.rittr.:n**tY~1t:;.~..;m** (\:Vrittcn Consent Contr-a\.'t! ifnm i**ir~.·nst~r.** In th
..- J...''\·'l·nl**l.ir;,;cn~t:t..'** ic,; pt:nnin.:d tn ">hlrt' n Suh;-;tilttk'

..**-\in.:r~111** in tht::**Pn:m;:~l,._~** i!angdr. ,tll rnt\dl·gr:-;**h~H·tn-nfthi-s i\grt"(:lll~n\**  and the \\"ritkn Cons\;nt Cnm.ract shall apply !ii hnth thr.: Suh-;;tituh..'**~tnd** :\]rL·rart dt:'-l'riheJ h..:-rt.·in tf**i.ircns"-·~** Jo'!.'S no-t ha\;: \\ntkn**pt..'JTlHs~.;_iun** fpr nth
.... ·r unomthnTil.l'd ::lirLTalt**~mtntnnhik:-;,** anJ uthJ..'r**rn·rrati~maf** \-L'hidt.:·s. tb
....**~n** L!(t.:rJStlf**m:..~:·** terminate**th~:.:** :\,Y..rccrni2'nt lmm.:Ji:.ndy and {..'hargt::: Lit:",.:·nsct.' h\'o Ihtndn
.. ·J Perct:nt**C200°·i~)** adJiti•.·mai rt.'nP. ll-r**irnrnediatd~** n:.'mtHC dk:**Ain.:r~ln** and flthcr**\.·chick~** fmm the**Prc-mis'l~** i bngar tu !h('**oubid~** ramp arl";J and**ch~H·~-.;** a daily ran1p rt::ntal t'i.:e

.. 2. AIRI'OIH DE\"ELOI'.\lEYL The- :"\irport Dt..·,ciuprn
...·nt i:-;. lh.:Hn-t'd anJ**s~Watcd** on n:al prorH:rt;, h.lt..'ai..cd. in IIK· cily nf Ra:,. l**~-~40** 

### .i:' \lik Rr>ad. \.1id1igan 4R041l. as k:;alh Jeoceril>ed in Exhibi! ";\-. In :oddili<>ll lo this ,'\gi\:"mt::nL**Lit:J...;n.st';,_~** agn ...·e;-; tn ahido...' h3 and i:., :-;.u.h.it...'l....'l: tn thr.: Ruk's anJ**Rl'"guLHi~1!b** linduJing..**tlx~s~...· :-;~,·i.** **t~H·th** in Exhibit nf"' aUathcJ hcrC'to) as shall he**~.:·hanged** and adopted**fn"~-rn** tlrnc l{'l lime without no-1ict:..• sold::r h:,-**l.i'-.'i..~m>t'r ~md**  \fl 1r: 

## n rh-c**Pr,~·mi.::**.. ; i t.angar and Hullding i"' part nf thl,: ..\iq-,on Di.;"\·clttrrnt·nt, as**d~s;__:ri1"11."·d** w E'hihit**·~tr~** attad1
... ·J herrin. Thl· Pn:mi:--;l' J!angar including hut not llmih:J to <.ill huildings. brxL !\):ads
.. infrastn1t;:'!urc. uti!itil'"> •Pf**an~-** kind.**St:\\l~f ~~nd**  v\ah.·r 1Jn th,;; Airport l)('vd·npmc--n! <m,· unJ"'-·r**th~,.·** -l':\dusivt· d..:\ek;pnwnL managl'nKnt and**~o..'lmlrol** h: i i(:!.,:'!l:-;nr and \fDU 

### r sha!! ht)ld i**.1\..~t·n:..;c~;** lwhk· and rcspon:::.thh.· for**.:.d~** budd**in~ nl.a~nh:n.am;.·;.;,** **"'-'f1·M~4tt: md.:..·r~..:d**  utditlt.:s. 1.nnfng**e-nd.::~;,** and rule::-; and rcguJatinn:; as**c~t.ahl~shcd r~ofl.iccnsnL**  \-·ti)()"j :md lht: t-.,:\.A

.. ·\!t par/..:ir.:g areas**~hall** incluJl" ;JnJ h...:- li:-mitJ..:d h1 ar<;;.'"a:'- a." > ..**h.:-l~o'l·d l·~**  l**K~.~n~~..tr** !"rom time h) tin1e**Jut~** tn thl' Pn**g_c1in~** n .... 'no\:ath.H"J)-lt.r {hl'**.\iq'1~W1** D
.... ·\l'loprn,::nL {n no**f..'\1.,;11~** :-.;hall**Llt.:~nset..'** ahanUon**~H1:;.** machinc1·:

_**~:qutrment** or ;.Htkltnol"'ilc nr hlo(}.; {•r hinJl'"r nH l\<..'m(·nl lo**1.1T1~** nf th\...:**hulk.llngs~** taxiv.,.a:\**:~­** Jt1 \ t,;\.\**ay:~,.** n.tn\\a;,"' (>r an;**~.-n** ht;t**<.k·:,·d.:.;rrnr~nr \.\·hah~;h,:\**  t>r. Llcl"lb·:...'·'-' ma: park {"Jl !ht s.idc pf or !n;-.;i.dc Iht: Pt-,:·mts;.; II<Jn_gar Budding,. hw nt,'\<..T PH lh1.:**~ra_..,::> ~n·ca;;.**  [n**~-~Jdith:tr:L l.ll'L'l"\:>1..'~.:**  ft.dl) \.l!h
....kr;-;.t:md;;, Jnd**h1~-;** hct...'n no!1**ll~,.·d** herein th;H**th~.,·** :\ irpt·ln**[)~,..·"** doprncm**~hall** h--t' tmrni'.\_·d t'lver th
....·**Filh.:~n** \ 15}**~cars inrJudln~.t**  a**inm~J(-,rrnaliL.lfl** ft_>r ;t**sat~·L (Jc-an.C~',**  nl:tJt'C '-.h..:s!rah]e ruhl!C :1irpnrt**COnliH-I.."llt~lng** in the _).(';lf 

## ·:ooq_ l ),:t.'lbi.:c**~hal!** rh

... '\\'T Hlh:rfcrl· \\ith this -dc\'"'k1pm-,'nl \\hatsncn.:r. i iccnst'e -.;ha!l J'l('\-tf**ahatl~<** (\d 1:dT {)r ,_kduc1 rent during**~m:** part c,( th.._" m:pm;, c·men! !h_T;nd Hi" d<.Jring !h..: knn nf thh \gru

.... 'mcnl

## ( 3. TER:VI OF AGREEMENT Ihe ··icrm·· nfth<:**A~r;:c·nwnl** is for On.: (I ) 'car cornm;:ncing on Arril l. 20 I5 anJ shall krminate at midnight on \:br<:h 3l. 2010. Licensor and**Lic-ense~** shalt mutually conHrm the Cnrnmencem;:nt Date In 8 v .. rittr.:n**n:~:t:rnorandum** anar-hcd hereto il:-' 1->dti:hit 11 IV' if! .icensec**rcftht~.s** lo sign Exhibit .;."0"',**th(,~n** Li!i:cnsc!...'- :;hall accept**l.iccn~nr·** s ( ommcnct.:rncnl Dati.? a;.:; thr.: h.:ginning of" th!,'- lertn ofthh t\en:t:ment herein \\-i1hcnH**~un-** tC'(t"l\W::.;.(' nr r\eht tn**n:fut~.~** auainst Llc-c·ns.or \\hatst.H:vtr.



# - ,. \.:. 

### ·- 4. LICE:'iSOR .\NI) UCFNSFE'S WORK [**ict..'rlS~t..' at~re~·:--~**  to**Uk(~** !1!1.
.. '**Pri.Tnl~~l·** ..**~~" i~-t·** **~md** r**.{CL'n.;,;,~~** shall r...**~t.urn th~..·**  Pn.:mLS('**~** hmgar tmd**f~ud-dint:** to f i\:('lbnt in thl..· S-tH'>ii.' m ht.:Hcr t:ondittnn**~ll** thl..· end df thl'.; ..-\gn
. .:<.::JTil"nl**Lict:n.•;c~;: ~lgrccs**  to rnuintnjn the**Pr"'·rni~~** I f4H1g_ar**~rnJ** pcrf(nrn**maink·n:.~nn:** hi insure ih sakt:
...**<.il't'uri~:** and**prop~...·r op~..·ratwn.**  l itr."-"tJs.(·c agn ..·t..·s that**th~..::.· sh~llllk'\'cr**  rn.Jkc ;my**~hiditit_Hb.** slrntlllrill or**c~.l:.;.m.::l~c** rhangc'S**'"'-hatso~...·\** cr to the Pn.·mis...:: Hangar or .;.:dlov,. an:nnc tn p(:rfl1nn an: \\nrk in. Pn or tu thl' Pn.::rnist 1 hmgar \\ithout**auhnn~lica!ly krminal~ng**  this**.-\gn;-~rnc·nL** {.ltlly i .icJ,;nsor ts.**a!k~\\** ..:-d**~o in~t.dl** **~~n;** hi.·at**g~n~~·rat;ng !;;q,uirm~nt**  inside tht: Pr!2-m i.sL i Jangar at the :-;nk**~\fH.::nsc** oft**.iCJ.,'rb..:~.** Onl,\ l\'1-o (2 1· !yp--t,:s flf 11.:::11 gcncr.;:1 ing equirnh,·nt ..;;hall he all>tnvcd in**t.h~** Pn:mise !**Jan~ar·** 12.ns fnrccd J>Jl dfl\ !.·n hit)\\t:r un**I~_;,** t)r**~a:~ r~-1d1ant**  tul"1>C heaters"**~otv.** ithstandine. the "'- '- '**~** - ... [11'0\**J~,{ons** of !hi:-:;**S(,•(1i'i1!1~** 

### t.H:V.:ItSOf**.\h~~n** Htl\ ht.: !;,'i,.{lli_n."d li) ptnY]d(' an: beat ;:and Of**{l~f** CtmJitkH1ing 10 th;..•**Prt:~nlis~** fiangar fHlr1ilHl**~lfth..: Prnn-1:-;~_·lLmg~n**  Huitdlng ;ls h;_·r..;in**pr~~"ided.** i,ie-cnsee shall n(·rt us.t' additionalllt:at**gt.~nt·rating** cquipn1Cnt nr**lig_h~_ing** lither \h:.m :-.tandard**Pn.:mis~..~** 

### rfaagat llghb that alrc-ct tht:" ternperatm\.'**oth~~n\is.:** n1alnuincd**h~** naturat**n~J-'.\.** 5. A.N'>jlTAL RENT. (.1-cen-set.: has .agrct_·d l\"; 

## ra:· i**i~v();.;i1f** tb._· j,)lh!'\-\ Tng_**na~l.'** RL:nf_ \\ i1ht?U! JcJUL1ions or '-'l't-offs**\-\-h~HSOI,_.Yi.,,'r,** in**.it~h·ant:l,".** on (h-e lirs1 dny nj**~\l(..;'h !,:ah.~nd<lf**  Hlon!}L -\.il B<.lSC**R~nl** ..;.hall h-e raiJ_ at the chk!r(':.ss nf**Lil,.,'t;n~or** given ahn\·t.: pr at such nthJ.?r pkv.
.. -:1..·**a::-~ Lic~..~n:.;.or**  rna;**dc~.;,1gnal.t.:** fh-Hl1 time to**t~rne** in v,riting. The Bast.: Rc-nl i"or tht.:**l'~rm** nf**~hi.._ .-\gr\.''...'lll~nl**  "'hall**h~:** fl.'ll,lg,:!r \lomhl_:**B:"~ R,~n!**  S<.J50.oo i\nD>E\L.H<l,SE."n! S i I AWI.OO It' t**H,:t:n;:;;~.;~ f~lih.**  to**ra~** :.wd tk·lt n:ran:, i'll:it;)!!r:n.cni ,d. Annual Ho_tsc Ro.:JH \\ithin**L~n.**

### .. tJl)_) dd)'S**ntk~r** th\..· fir-o
..a**da~. ~tf-;:\~~ry**  nwnrh during tht.'·**~-~:n1·l** oflh(,"**.'\gn.:~.;mcrH 1** **Lit:L'ns~c ·-zh~11!** **ra~** (\n adJitinn w .and at the r1me ('}f pa:-·ing sucb**in:-n~tllrnt'nt -~**  :.m**addi!.ft)n~ll** n:nt**chur~c** in thl" am()unt l,_'lf**t!~\5~!:!!:l.:D_~-~.;_,J}qll;lG~! ~A~LWL.LOiLl$.?.:~:Qtc!__]**  fkT mnnth_ ln**~u.kiit:HllL** an.\ and a!! "U\:h unpaid ;HlltHJnts shan hear**in!t:n'~t** at iht;,· rate ()f**L'JJ~een J\.=_x~~!U_**  L]

__**·~-~-".1** p.:r**~~lliEH\1** unti! p:lid.

# c

( 5.1 AOIJITIONAL RE:\T 1'.\Y\lf::>iT. 

### :\* t("pi\'s(·nt;.;**u~** illlit·s anJ t.**in.'n:.;~~ s~Mll** **p~1y dirl'i;lJ~,**  :1!1 h1l**~s** !'i.1r**dt:~;tr1(.:.** gas anJ h('at. i (**aq~iJahk.** and an: t.Hhcr uti lily**~;nnsum.;:J** in**~md** firr the Pr<trnist: H:,:tngar upnil (:Ol1Hl11..'I1Ccmcnt**ofth~** lt·n11 C< n..·prl"Sl'nts all utilities-gas,**dt.~(tric ht.~~H** **~md** \\;:Her 

### ifavailahk').**Lic\.'n~c~,..·** must m;1ke a!! anung-:mcnh anJ :;;hal! cnsul\

.. '**1h~:rt** all**utiliti~..·s** arr .. · n:g_i::.;,tcn_·J in th('ir**hu~lncss** 1.1r pt."rsona! name. I.iLenst':'t: b rc"'ponsihk for**~md** shaH turn on ail udHth:s.,**~n** their name__ as. nt•cdr:d to operate**th~i** r**utiHtic~** and l'nntinu.,; unld iht' !·crm**r:~_\pirat!mt** and**~.>;Hl1if'll11: durin~**  1hc Tcrrn tn pa)**~!U** utllitli..·s in nrdr::r**no~** to Jm-rJag
.... • tht: Prt'mi:-.J.; nang ..u· .;md Bullt!ing. 

### L.i
....**:~;.:nSJ;.."l,."** shaH**mainl~tin** and \\arrant at its**cxp~..~nsc** tht" prt"lfK'f functwn ofnil md-l'rs rnca;;.uring ihc crm3ump1[nn nfthe t..ni!Jtics**\\-~!hin** and ust•d fnr**th-t~** Pn:rnl:
...**~' fbng~tr.** **Lic~:rr:-;.;:.._· ~~hall**  pay all utili!: amounts**a:~** h!ik\J h.:**th~.·** utili1:1 cnn1pank•;.; v .. itht)tl1 an) d(·duction:::. nr St.'(**~or"f** \\ hat:;ocY'-'L

l**ic~** ..'n:-.cc**:~gr.:'"·:.;** ln sakly and**tY·~r~.:~:tftdl}** u:s.;:. m;:.un!-:.!in anJ**ot\,:up~· th~..,-**  Pr1,_:mis.:..· Hangar durin_t; tht: tt..·rm t**~r** (his**i\gn:cnh..~nt.** l_Jcc/bc-L' !s**~nkl_:.** ft."Sf'\t'll1:>ihh: fnr**an~ :.:.ccur1t~.**  s.y -;h:m and (l'f pt..·rsunn'-·l n..·garJmg**th~ Pn.'rni~~e**  llangar lnduding but 11l'tt limit(':J 1-n I h..: sL-L'Urit; 

## or its Aircraft and**r~~r:->onal** ik-n1S. Lict.'TlSL'L'"**~,hall in~U.I\'**  thai hi;-;...-'ht:r hangar ddor and**~lH** oth-

.... ·r**~ntranccs** to**th~:** Pntmisl' Ifangar an:**h1~.:-kC"J** upon cntcrinf!: and**k~n.-in~** !he Pn..:mi.s
... • I bni_!aL l.ict.T!Sl?t.'**~hall t!Uuram:~**  th3t th.: Ain..Tal)**~-;ha!i** be :-;.tcm..::J lns.iJl.' the Pre.mis.t::] iangat**a~** all tirnc;.. if ti'H::" Aircraft is not**hL~ing** US{."d fnr n:·ing purpose;;,. I**_icL"nS{.'~ ~tgn:cs**  In remain in C\lt--npliilnc.;..• \\, ith I Iomcland Sr.:!curity. ihe StJ.tr nf \li-chigan and I_icens-t'lt-- s eJl1:-wt;.; to keep the Airport as s..af(? und-er the pn•setH and**tmgnin~** cn:ru.:erns. ! .kt.::nset_• agrees to**:Safd~** :-:.tntt· and ">lXUfl; ;;dt**~;..·ys ~o**  thl' Prt·mist: 1--hmgar and Ain.:raft**nfl"c;Et~·** t·n pre\·enl the l!kdihotJJ**nfth~,~ Aircr~tn**  hcing :s!.ok·n vdK·n it is nol in u:->t:. !**.ic!.:n:s,_--~,.-** :-.;hall not do. pt...Tnlt{ ur**sutl~.;r ~m~**  :Jet llr thing tn hL' dllfK' '1\·hirh i"> mjurinu-s tn fh(:' Pn..:-rnis(" liang.arbL hHtlding Pr A!q;;nn Dt..'\Cl.;,lpn:enL 1shich**!~a** nuisancr.**tontrar~.** hl any hw-.. ordinance. ruk·. rr:gubei..-•n ()r nn .. h..·r of Lkcnst··,r_ ]\1[)( 

### rr or the)·**./\~A. ~.!censor**  shall hi.nc**~K'~CSS** i.O**th~..· Prcrnf~**  Hangar at aH tir:ncs. !o i:nsp-e-\.'"1**1~Jt'** Fin: ("ode**Ylobtinn.:-~.** inspect ckLmlml'ss and nrderl_;.**hu:si~K·:s.s,** No**nut~.;lde** t..'nmpani\?"s. \HHsid-t' rnod**corn.panir.:~.** Yl'nding n1t..K·hinrs and nr**rah..:R~rs.** rnaintcnani;C**p\-~rsonn~;,~[** or oth('r**atrp~)rt** related st:n·kcs arc .aihn\eJ nn 1..tr in tht..' Prcrni:->l·l iangar or Airport**Dl'v-doprn.~;nt** unkss**~_:.-** a \\riUcn 3-pp-ru\ aJ th-wn [**.icen~~:n·** ·**~:** and \1 l)O**~--....;** (**·~Hl'!mi.Tcjal** (**)p~raling** Agrccn1.:nl. Fue-l Conrt'sslon .-\gn.:o;:men1 or a Land l.t:zt.;.c Cnl:KL""S:siun**Ag.l\.."t..~m~.TlL I.i-r"-"n::-;~:t..~** **sh~l!l** kr:cp thl;." Pn:m.isc f**bnF~r** dean and**fre~:·** (:.f**d~hri~** ::n],J oth
..·r ha;anh)us**mat..:-rta~.** 1**.i..:~ns.:c gu:..m.mt(~_:.;.**  to i

..**it:t.•n:~or** th:Jt lht;:'_- \\ill n(>t permit d-aJ"'fl<l.;i"C' Pr' conHnit \\a:;;..t>;; \If damage to**th~ Pn·ml~.:.c**  r**L:tng~r.** building or '\irpor1 { ·ornrnon _·\re:'ls. f**i~z.·n;.;eL' sh;~ll** **lh~l** t.:nndm::f**i.'~r** aflo'.\ :tn;**cPmm..:r~ia!** adi\ h;.- nf an: kimL including flight sdwoi**tr~tinin_;;.** rrn..**·~-~hanica! n~r"'ai** **r~.** 'ir ''"-"**hno!in~**.. 1-d ht:' cnndw..:JLJ hy !jc;.:'n:'<r..."'-' 1"lt ihl' [**.-iccn::-:.~..·t..~;.,** ill\ it<:(:- (**~,").** i tL rron1 t)r arnu.nd**rh~..,** Pn..·mi**"'·~~** l**Lm_~~tr** \**c~J.** \:o cnainl.r:-nancc nn th<_' .:\ir..::raft :->hall 

### n._, pc-rlim11-:d in t'lr on**th~...·** Pn:rni...;;: I**lang~n** {':.;! \X ilhn•Jr rr1nr \\**nn~n** ilf'lfHn\**~11** nf I**_.iccn~.;,lH**..**L\t~pi** such**m~nur rnaint..:;nan~e**  a.s**\'~** ou!J fl<)l111a!!

## ybt: fli..Tli. >rrnt
.. 'l,_l h_:- :H1 ;_l( fl_T;l

## n 0\\ HL'f v.;! thouatht.•**.Js;.;.istan~**. .'L' cd'**~Hil** al n;ra

## nmechanic i l f rcrsonnd. I ic..:nst..:l'**m~~\'** .allen\·**maimt:·r'E-ln,~<.·** hi h.:**pcrti1rrr~<LJ** •.us his. (lr**h~,..~r** .\in.:ran in the Premist: 

### jbngar ;Yr .-\!rTH.irf nl_'\\
..**~fprrn.cni** and hudJing prYn idcd that :;;uc-h**~·~cn·icl~\ ~~rl'**  nnl**on(·n:.~d** (1["J**th~~~** Alrpt:>rt**f);._~\ c.."l,npn1~n~** **h~** tht.· l**_i~l**__**'n~dr ~~~r**  \>. ith 1 h;.: \..''\i:;tmg (i \._.,j**ha~c** op<.Tatf"Jt' .\n:- and**~~n J-1tTStH1n~l** 



### _,

# ( pcrforrning aircratl maintenanct.? ofany kind \vhn do not**h~n ~**  a signed CommJ.:rcial Opt;rating Agr(·cmcnt by and from Licensor and or \·IDOT arc· not rcrm)Hc·d in''' on the Airport Development whmsoc\cr and shall pay l.ict.:llS<lr all costs 1o rcmLn c them. [.ic·cnscc shall take all steps to ensure that the performance nf any and ail**maintt..~nance** work shall not damage- the**Prt:mi~e!** iangar (s). Airport**l)t'vc-!t)ptn~nt** (}f other areas \vherc 1**,ic-ensnr~s** \\ork is**p'l"'d~.lfm~:?d. Lic~..·nsc-~**  shall cr,ntrol the c·ondu..:t and dt.:tl'll..-:anor ufits t:mplo;t'l's, guL·sb and**invftL·L~s..** and ofthose doing**hu~ines;;:** wfth hirn/h,-·r in and arf<unz'l**1!1<.:~** Prcmi;:;c i !angar t

### <r. and shaH**tak~** all steps nt:ces:iar) to rcmo\.¢ persons \\hom Lic
...**~nsor** may_ fnr good anJ**surt!ci~nl** t:a:tJSl". dt:"('lll ohjt'ctionahk f()r pri\.tKY-**~al"\:ty.** and -sCt'Uflty**purp~lSL'S-.** Licensor .'-'hall prn\ idt.:-**~h(:-** [**.t~;.._·n:--;.;-..·** \\ 11h on..; f. 

### t \ ma::>!<."r**kl..-'~** that sha!l pnwi,._h.:_.**~h.:.:C\.'s.s.** to tht:**Pr(:mi~c** Ifan gar tsJ t.>ntranccs.**l.lccH:-;~(·** agl\;

..·;;.; to**pa~** for ;l**~;.h,:~ptl~i~** of ri It) (S50JIO) Do

### Hats_ ifthe key ts nn1**rdurn~d** \;,hen this. Agn:t:ffJ<:nt ]:-, h.:nnin. •.lh.:i..L 1.h
..**~** l.it.:"l.:n;.;;;;.,.: \\ill**!~uk·i1** tht: i.kpo:-.lt. lo cover lohnr**tlJ~~t~** h) ;:mJ install <:t**n~\\ ~..~:-**  tindt;r. lf th:
.. · kt:;. 1s**n:turn~..·d.** thtTl i**.it:~ns,)r** ·shall n:t·und thl.'" t..kp(lslt- A**<kpo~it** was r¢c(·ivt:d hy; At!**kc~s** ant.! lnck:-;. must**r._~main** m1tkr**tht~** mask·r k1..'"\ system**~..~~.!ahlt~h~~·d** h: l.iccnsor for s.;;dl't} and -;.ccurity purposLs
During**!h~ t~rm** **of\hi~** i\gn.>.:rn!('nt**L.itcHS\.~~..-** at**Li~.:J.:rli.S~\.~ ·~** **:sok~** t:PS.t :-.h;lll**k~t:p ~md**  rnaintain in the sa.rni.": condition anJ**n:p~tir** as. on thL·**C.:.Hl1111l.:'ilt:-(ml'..~tH Dm~..·.** **th~.,·** Prt:mls-.: ILmgar. Building and every purt**th~rc-t~r.** im.:l:uding al!**f!'\tur\_·~- k·a:.l,"h~:.!d**  irnpn)\\..'lllt.:nh. inh.TiiJr \'1--t"llh.**tlniW~.** ceiling.**\~indnvos.** doors. all '-"k:..::trlcat**f~lciilti~...·s** anJ equipment. in\.:fw
..hng lighi!ng**ll:..;tun.~s.** bmps.**lims~** and**ck~ctrica!** motors. all o!bccr aprlianccs and cqmpmcn! n(nny kind 'md muurc· and all other nnn-slructural rermrs.**n:plact~ilH** ..**~nts** and**n:sinratinn~** to th\2' Pn::nJise ! !angar.. ShnuiJ l**.in~m•ct:** \:HttS(' Urbj**d~Ul"l;~gc lf~**  the Premise l Iangar or Airport**DcYdopm~nL** Ucenscc shall repair the- Jarnagc at**lhl~ir** sok cost ln nn t..'Ycnt shaH**l.iccn:-;.c~** -nr any of ih**suht·nntract~)rs.** in\.-itccs. ·nr employees**h~** aihl\\l'd on**th~..:** roof**\\·hats~Jev~r.** l.iccnsec**;)gfC'~S** not hring upon or Shlfi.
. .' in the**Airp~Jn** Dt.:\-t1llprn('nt rc'tl"t'ti·-cUH'I: proJucts,. t:\plosi\,(,."S,**nr~amlS ~unless**  i

..Eccnset.' has a ('PI**-·cnne~aled** pistol !k·t'n:-;-:···,1, HlhHik or l1arnmabk t.:hcmu;als nr any**oth~~r** property which \\'OHJd (:t'catc**~a** potendat fin: h::u:an.L destruction or securltj: hrc·<.H.::h to**th~ .J\irr~w1**  DevdrtpmenL Tht:**shw~iff~** ofaYiatitm**ga:-;otin~ i~**  lirnikd to that slon:d in iht: Aircran fud tanks at ali times and !s !irnited h\ tl\('" (5}**g.alinn~ "'u.tsiJ~,.,** **th~** Ain.:r:11l in**nt.m~-cornbuslibk· \.'"On~ain~.-·rs,** **Th~** :-;tn·ragc nr housing nf**r1W~<tor y,;h:i:~.;k**  fud is strictly**prohihit~U.** I**·icen~J,;l'** shall he**n.·~pon.sih-k** cd·'**rrnr':l~.;rl;-** dispnslng i)fali li.ld fftmi surnpC<!,**~.;·ngin;;:{<l- t.:ngin~.?**  Gil**\\ti~l-\.'** and**!uhri~ant:->, DlsfX1~i.d**  orall**\\;J:;(~.,~ proJw.;t~;**  upon the ground];-., spccitlc:.dl;. prohlhittd anJ v.Ht he dc;.;mt'ti a**J~·rault** in**a~;.:cor-dant;\;** \\·ith this par:.tgraph. Lict·nscc and Ken :\ndn:v.-s**pt..T'>Ota<.~Hy** agn;c;.;**h~** !nJl:mnif;. and hold Liccn:-;or hanT;k-:ss for all cn..:h incunl"J In**~til\** and JH**dcanur~~** l\
..**·~;uhing** rrorn a spi!f of**\V.a~tr:** product:.;. rue!**(~r nfl~::l'.an~.**  kirK! in**Ll~~nse..:;"~ ~·rt~ntrn!**  1!. !NSiiRA:\( E A:\11 1:\I>E'.I"iiFIC.\TION. f**k~ns.ct.:' ag.r~r:~**  in**crht~ln** and**tn~un1~un** :.It a!!**iim~·:o:** arid sun l1..·lng 1his AiJ_re-cment dur1ng and f(u· any· and aU**Hiigmi~_-;n** that rna;. arL;..: during tl11.:· l crm_ a builJ]ng anJ ..:stah; instmmce po!i.cy·. l(ir HK

# ( hcrh
..:tlr an!l..f**C~)V;..T:..H.;c** or**Liccnst~t'** and Llcl'HSOL in:;urinc ili!ainsl**~mv** J..nJ all !iahdit\ fbr**Jama~~** and

.... '"
.... .. .. 

## .. loss to Liccns..:.:'s AtrcrulL personal properly, Prcmisl· Hangar. r<:al <:state and liability !(;r any and all personal injtll)' and death and pr<" iding**in:;urmw~ pmtc~:tion**  to I,iccnsnr, This polic: :>hull abo insure against any and ali ca... ;,;uahy and**propt.~rty d~H1htgt.::** **~~)r** I**HO~'i-'** of**n:pLJ11;~mcnt to~t**  ofthe Pn.:mis.e, f!angar, Building and Ct,'tl1prdl¢nsin: guwra!**puoli~:** liability insurance, Ucc-ns;;c shall provide**l.k~rt:'illf..** uron nn;.. and uH**r~ncv.·als** and**('hangt~s. ct~rifficak">**  \,Tid"·m:lng**th~.:"** exish.·nc'-' ofHK· pt)tky. lht: !lahlllt: and**prnptn~** l'tl\"Cfa!:{C under the policy 5haH namt.• i .!censor and**Lk~nsnr's miJrtgag~..~~** **a~** an addi1ional insured
.. and \l;iJ! rnn·id...: i,."nmpn:hcn:c:i\'t:=**gt:n~rill publi~**  !i;Jhlliiy insurartce on:erage against duims I(.H or**ari~ing** out nfbnJil:-. inJur:.**d~..~mh** or**prnr1..~rty** Jamag(:. m:4;urring. in, on or ahout th<: Premise I !angar. Building and ,\irport LkwlnpmcnL l'hc' polic·\ shall han: a**cnr11!1in~d** bodily iniuf\ <>r**d~a!h** nr 3 sm!'k P'"""n nnl k" than (lnc Millinn Dollar' 1 SlJJOOJlOIHlO) p,·r ncnnrrene<\ and \J.;Ith rcsr(·d tn an: P1h.:**(·l~t."u.rn.:ncL'** l,lf pror:.crty dan'Jag·.: {itK.!uding aircraft**damag~)** Hf nul kss. than**On~** !'vfi!linn (S i J)OO.OOO_OO)**Dotbr~** and thcr-:after in such**f!2;JS-~.-.nahly appropriat~~** **in~:r~as-.\J** ankn.mts a:-; tHa} ht:: d.!.:'k.Ttnincd h) Lic;,·nsoL pnn,-idt:-LL hti\\ l'\ cr, that thL' a.tTHHlrif 1.1f CP\'crag.c \\ill not**h~..· in-~.;n.:ascd** **mor~ fr~Lp.J<:r11f;** .. thm1 al**on~..~** {! :l )-.:-ar mkr\als. Th"-"**~h:ductihk** nn such**ins.unuK·~,.·** \\ill nt>t C\cc·c·d on.: lhnus;md and (J()i

### ton 1 SlJlllfUIO) dnllars ;,nd any om! all clt:ductihk·s in tll.: :1hon:**dcscrih~d insur;.mc~**  poiil'y shaH b
...**~ a::''-:Unl~',j**  h_:. and**h~,·** for thl·**~tl~t~oun!** ot'. mad at**ih~** snlc risk (lf f it"t:nscc_ '). INUENMifiC!ltTIO:'>i A:'>![) IIOU> liARMEU:ss Licr.:n:..c·t: '.i..'Ui\l:-s an: and idl**\,2bim~~ ~.,1r** **:~ctim1s** that ma: .. arise against**Th~.~** Statl.: \ff**\H~higan~** Th.: Michigan Dcpnrtm..:nt pf lr;;:mspor!aiH.Hl and i(;.; ( 'ommiss.ions
... !.ict...:ns,lf an:J**it'~** ovuH.::rs.**i.hre~,:tors. manag~..·rs** .....**~rnpf.oyel'S. gu(·~.;,t'S,** **ag~,.·nts** and ali falnHy lll(:"mhcrs. a.s a rt!sull of an:-. tkaHt. injurie-s. l<t):SS. th(:n or**dumag~.~** to an: or**Liccn:sc\.~:~ /\lr(.::f~ln.**  or**r~r-sona! it~rn;.;.** **~nduding** anJ \Vithout**Emitatirm~ p~..::rsnnaL**  huddy or m':ntai in_1ury. cconnmi..:: lns:S or HH)**d;_·~mag~.;** 1o**l.lc:~nsce-s** spo.tt:.;,l..

.... children or gucs.ts rl'suhing from nny .a\.'tion or nrm**<.H.~titHl. ncglig'l~m.:~..:**  <:)f**d~s.rt.~g..;:mJ** nf \-tJ)( 

### Yr nr LicensnL if lhi..TC 

### ban: daim ofany kind hy nr from Licensee or irs in\·itees
.. ha.st.:J nn but not lln1ited to any injury. !nss. thet1 n1· l.hlmagc thnt**in\'(:h·~:s** l**k-cn;:.;.e~,** or an; person or personal ih.:·m that is pan oft icl.."n.sec·s, nr rdated ro tht: Airpor! L}e\(:lnprnt:nt, I**i~;\.."!ht:C .-~t:'-ret;s**  tn Jeft:nJ l\-·1D()'I.**~nd Lic~...,.nstW**  agams1 any and aH s.uch daims and 1**j~r.;-nscc** shall pa) \H)O 

### r and**I.k~~nsor** f{.tr a1!**cxr~nSi..''>~** induding liqutdah.."'rl damages, rt'hiting to s.m..:h cbtms. ;.lnd**in1.kr11nd~** and hrdJ !\-·H)( fl and i .i(J.:ns-or harrnkss**t~.r·** all obligati-ons re;-;tdt.ing fl\Hn ail**~;uch** cialrns In addi1ion. Lii..'t:nse...:-**agr~es** that in**an~** untl..-,rtunatl'**t'\'J....~nt th~H**  ij(:cns,·t.•**incur~.** ;;m:: and aH injury**int,."iudin~** hut tWl lirnttcd to inJuries. that rcs.utt m**~..kath** and**~lf** i..;**ph~sical!:y.** emi..)thmaHy or**nK~ntally di~;ahk,d**  1.\hik utdii'ing**th~** AirpPrt**De\dnp!Th.~nt** l .iccns
...**~e** sha,H**indcmn~f~** and hold**Liccn~rw harmks~**  n:k:a:;c LH.::.
..·nsor lfom**~-Hl)** and 11il**li3hdlt~.** nnt hring k·gal ;Kfinn**again~t** Licc-nsor. ifs rn\nc-rs.**Jirc~t.nrs.** Ltmdy**m~~mbt:rs..** manag-ers. heirs.**etnplo]-~...·~~** or -cnntn.u,:tors a;;. a r·csuit fjf r.my**death~ an~**  and 

# an mjun·.**di;:;al_,ilit·~.** i!tn
...·s"i nf an> kind rJr nature thaf**tit~(:ur.s,** and**1.!..:-cn"'~t.'** anJ aU of i(s**in\·~.tccs** sh;::dl**..:lnp!;y~, ...:tHm(·~l** **:~ati:.;.f~Kl.Pr)** to I iccnsnr.**~-,~r** ilt Lict:nsnr oplitm, i icc-nsnr m::.ry i'C'tlin**i~·"'** tJv,:n l:ihmcii at**th~.?** '
.. ·xpt·ns.;: pf Licrn::.;-.:..;,· ur L.i-c-.:tb.:c:-:. in\·it'i:\2'::>. to**proso;,."I..'Uh~.** t.kl¢!kL and nl;!gollatt: an;. and all l"h!im::->
.. actinn;.; or**t',;,Ht~.:;t...':'->** n( aui•.ins nnd Licensor s_hatl haY<: rb..; riglH tn cnmprnnJis"-' or -..;'("Uk: an:, :mch c !ai**rn~.** ad**inn~;** nr**~ausl..':s** nf.ad;nn.o; \\**l~hout :Ji.im~Hing**  Jctual hubi lit;.· anJ**\\·~thout** L**i·n.:-nst:~** t1r

# c Licensees itnitecs**cons~nL** I**ic~.:ns.t:l..'** s.h.a!l puy any and all**irKkht~dnt.•ss** arising urH..icr said indemnity and hnki J.iccnsor ham·dt:s.s**tr~** immediately upon**d~mand** h: I**.kcn~or** iogcthcr with**intcr~st th~r~.:.·on.**  at the R.:mdy Ra!::. from the dat;; such indchwdnc''**'m~es** until p;1id.**Li~cns.:e** and invitc..:s duty 

### w indemnify and hold**l.ic~nsor harmks~**  shan survl ,.l' th.: termination ur t:xpimtion of this t\grt:t:m{;nt. In tht: t:\\:nt thnt**l.ii.:~nst;\.'** '-hK·s hring adinn again:-.\ any nfthc pank·s**m~ntinncJ** hcrdn. it \\Hi he a hre.ach of" this Agn
..**~-..·m~~nt** gidng the \1DOT. ifs**J'"T:t~H1mt:nts.and** Lk:ctl"·Or a right tn s\!ek and obtain any**ncct.~ss~try** rdicfor**rem~d)** !ncitaJing a**judgrn~n1 i~)r**  mont::**~bmag1.:s** against J.kcnscc induding any and ail i.:'"-OS!S**rt'btt~d ~0** **1h~ r~·li,._.-f**  '\.)f**i..hfn1<l~<i..';S** S>..>ugh[ rhc i**.it~.-~lT::'-C-C h~..·r~hy**  gin.,·:;; and**gmnt~** to \clllOl and Ji<:.:nc;or a li<:n upon allltxturcs. chands and fl<Tsnnal pwpall ol"ewry kind and description flO\\ or**hcr1.:.~after** to he**pi~K·~·d_** instalkd or slor('d h)**l.ic:.:n-scc~** at th\."**Airp~:1rt** Dc-vdoplTH.'llL and agn:t:s**th~tt** in th-e**~vent** nfony 1-ai!urc on the part oftht:**l.i~(-ns.ce** tn comply wi.th each and**~..~·.:cry** onC" ofthe cnYenants**~tnd** obligations. b.:.-r-t:oL ;.tf in**d1(~ ~_~v\:lH**  of**an~ '-kf~nlli**  con1 irwing**t~w** sixty d.J.)iS nf .J.ny spcdlir;,:J r,;nt. Alq1-nr1 rk'u.,-h.lrH11J,:nt**md~** tal..
...**~ pos:-:.<..:~s.i<:ill**  nL:md S·dlthi..' sam;: in W1)**manrw..~r** ptO'Vlth:-d hy Ln-v**~md** rna;.**.;,;n.~dit** !hi.·**n~..~~ pnli,_:~i:d~**  upon**~w:** nH.kl"l-kdn'l.·;_.;.:-;**du(~** or tL_unagt: s.ustaincJ**b~** Airport**Dc\·t.~loprtl(:n1.** \\ithout prcjudit:(: l!.i rurth\."r**1..~lalms** thi.'Tt:aticr**th~H** arisr: WKkr**lh~ ~~nns**  hl:!'COf rhis intkrnndlcation shaH SUf\-'1\l.."lhn.Y Y'-'ar:; aftrr**~ht.: tt.:rrntn~ttion**  ofthis ,:\grt\,'nK·nt HI. 'WAIVER OF Sl BRO(;ATION. Licensee pt:rsonaH; sh.<Ji!J c;:msc .:a.ch insurance p·ojic)**carri~J** hy**Lk·L~nsee ~mJ**  insuring tht.·**Pn:n1is~ ~**  langar and Building and iH fi:xrun:s and cnnk•nts nf l**ic~:nsc..:-s:** prnt)('rty+ li-xtun.•s and contr.:nts against**!o~:s** h)· flrt: and caus.cs t:n\**~r~d** i."l:**1.:'\~~ndt•d lt"l\·~rag.~,** **~o** he\\ ritlt.:'n in a manner sn as tn proviJc that Ut:en;-;ee and its**in;;urani.:t.~ ,:arri~,.~r** **v.ai\'1..~~** ul! right of n..·,nvcry h,: '\.\·a.y of suhrogatinn against**Lk~nsnr** and ih insurance t:arrit..T and**poli..:·!~..·:S \-Vh~ttsn"o\** **t..~r.** I I. ACTS Of' OTHER 

## un::-;su:s. Liccrtsor shall not he- rl...'spnnsibk (if**~klhk** tn**!.ic~nsce i~x**  any loss nr lkm1agc- that HKlJ he orca.sionnl hy**~Jr** through the acts o-r .-nni<.;sinn.s n( rersnrh o!2"LlJp) ing. the**Pr~.:m[s.;,~** Hangar or arry part ofthe Building f(•r any**!o~:-{** nr**dam3~C** re.s.u!ting hl l.kcn;;.c-c nr hi"" prop.::·rt;. frorn the**t~1lh:n\-·Ing** hut nnl liml1-ed to: int-erruption ofdccirkai ser\**i~.:l'** Pr the bursting. sh)ppngt: nr kahing of**w~-tl>~..~r.** ckctrlc rmd ga,:;**t~dures.** nr ffom ::my other**cJ:u~..:'** \\-hat.sOC\'t.'r inc-luding at"h "-'f(fnd and**na~urt·. Li"-x~nst.lr**  agn::·cs tn use lts l1:l.:"S[**d1~H'lS** to**r~..·qu1r~ ~llt** **ikc-nsce~-..** tu cnrnpiy \Vith the Ruk-:-: and**1\xg.uiation~ ~is**  requir'-'d in the existing a8"fllX'1lk"tHs 31 lh.c Pn.
.. -·-rnist:! b.ngar. i4uilding ;.1JiJ**A~rpon** [)t:vdnpn1cTH. 12. StiBORIHNATION AND**.c\T'TOI~:"<i\IF.NT.** I !'ens(>( shan l1t:**t:ntiili.~d** ln**~u~l~·~...:\** mh..l snht-1!'\.finart.: rhi:-; Agreement_ at aH tlmr..'s. t.o the lien t)f any mongag.: nr**!Hd-r1gag~s** nn\\ nr h!.,Tt:at'tc·r pl,:_t\:t.'d Uj''IPn**fh~ ,.\1rp~Jn** **n~_-,.,** dnpm-rnL**rro\'idt,~d** that iLmd ','t.·"!''J":n any sw;h**fHt.lngag~.~** is pbn:d. llw**m~H'\g.o·1gc~** .;;haU**cl¢:;1\~...:- t·~Jr**  it;;ctf anJ li.)r l'Y>l·ry**o.;uhs.~...~qucnt hold-.~r**  •'.ff ov-dkT of th<.:**nwrtg<i~t;-." ,::~nd**  kn' any**r\.'c.;,+~,_,r** nr purchaser of the**_..\irpt"'~rt** Lkvdopmcnt. 1hat in dll.:**1:\.-~11~** or i(Jrt:dosurc l**iJ;,.:~ll~l·J:'S qui~.~t** **P,.1S,;;.~S::i-ion** nf th(:' Pn:misoe i hmgar wdl Dt.H 1:1.;**di.sturh~d** fH! 3:CLOtmt 

# or saiJ mortgag.: o:r**h~** n .. ·ason of**~m:~thir1g** dt)fh.!' !he-r..:**lJ.tki~L ·~o** **ion~** as**Ut:t.~nst.•(," pt~ys**  thr.: Rent and kt:.:."ps th(' other Cfl\cnant...:. on lts. part k> he**p!..:·d~1n11~J. Liccnst2'~**  shall at**~11) tint~.""**  UfH..if1 the request of i .k-.:nsttr.**cx~cut~** and ddin

.. ·r in n.·cprJahk !t}rm anJ in**suh~tan{.\,~ satisti~~Wry**  to l**it:-.':n~;;~.:I'.** an**(:'~.;topp~d t:~rtiticak** **ccrtit~ing:** th<.:· date 1**ict:~t'>'CC <-H.:c~..~ptcd** **nccup~~n;:~;** or the Premist:: l bngnr: the dak· to \\hich Rem has. hccn p.ai-tl tht: tHH-PUlH nr**an~.·** S<t;urit) Dcpof;iL that this**Agn.~t;mt:nt i~**  in full fi)n:e J.nd effect and has tWtt**hcc~n** modifit..·d or**amt~nd~d** (nr if i1ll_)di**n~d** or an-l

...**~th_kd'** de"scrl hmg th-e \\ rlttcn tnu.tually**agn.:~d up~H1**  tl"fnlS.) and. [O the best of**Lkens~('';.;** !..no\\**h.:dg~ ~HH.i**  bdi.:.·t·**~mJ \-\;~dKlut**  dttL' dilq;
... ·nct: and irn**~stigmion.** thm thcrr: arc nn**Jcft.:'ns-e~** n.r offSets thero;.:to nr Jcfault::-; of**Lkcn~or** Hnikr t.hi;;. :\g_n:crn-l,.'nt (or i

### rany hl..' z·l::iimJ...:d.**de~crihing 1h~**  ;:;.aml2 

### r anJ**~;w.::h** dlhcr rnaH!...'r;;.**a~** 1 icl"nsnr nld) n:ast1nahly requ't·:-;L**Li~.:cnsee's. fai~un:-**  tu thAiver such c-crtificat'i,; \"-!thin thirty { -;o}**J3:··:-~** nf lb.: dcmar:d**1h~·r~.:fnre** '<hall**tx~** a dd:rull r1f thi;\**A~reernr.:nL**

! iccnsL"c shall nl'\('r**~L..;~ign.** i.r:.m:-.kr many rnanncr. hypu!ht.:cHc.**n:rjrtga~L'.** sublet**~'r** furnis.h to any t)!.hcr rC'f."iOli. i.'Hrporalitm**~rr** ;:_H]tlth..:r**'"'nttt~** thL Pr
....**~mis-c** i LmFar**~H'** an:.**ti~ht** \OJ' pri\**ikg~** \-dia{:-!.\ti;\'i;t" in nr i.'111 the Airpo-n**D'l'\\_·k,pmGn~** \Vithuut tbc**rri~)f** \HiHen COih;;2'111 of I**.il:~n~or.** :\**\-j~;)]ali-t_Hl O.:tf1hi~**  prn\ i<;ifHt :•;hn:l! in1Hlt."l..hat\:1)**t~.'rmlnak** this
..\grcernent and t.hc !.io.:nsr1r shall h;_;n.c irnm-t:l...li.at.: po:'>:.:,t:ssion of {he**Pr~.-'"1111:->-r** ! L.mgar. !ltL' tKCL'[)tancc of n:n1 frr'!tn an a:.;signct:.**;;;uh-h-~;~·ns"·.;** or tK\:Hpant shaH nol ronsw.ut;,:· a n:h.:;Js<.:-**i.~!"** i .ict.:nsc.;: h-rmt**th~** oh·liJ-;;,atiolh**~md** t..:O\ ('mmts in**th~:-;.** Ag:n:crn>:nt.

If part o(or lhr: t;'ntir-.·
..·\irporr !k'\c[nrnk'n! i..-: takl'n**h~ an~v**  public**aulh~.-H·it_y** lllH.k•r th...:-**p~_Iw..:r** of**~nti!h..'!H** dumain. IJK·n 1 his Agn:-:mcnt shall tcrminah.: nn**th~** date**poss~ssit** HI nf thl' Premise l Iangar**i~** ddi\(T('d tt; su(h puhflc**~wthorit:-. Ba~c**  RLTi.t shaU b-e paid to th;:H tbtc and proratL'd accordingly
. ..\n} and all amounrs a"xardcd {t_i J.j,_.:,_'T!"";nr l'Dr**ti.:.Hnagc~** arc 1**ic~n:-;.tif:'<.** I**kr..·n~.:;:cc ha~**  lh1**dairn~** n-r at:"t!nns**;l~ain:-->t** trr !l.)'r**l.i~t:nsor:..; i..'i.''~ndernn_;_HJ,_HJ-a\'l.an..I**  that**i~** ail,;.H

. .:ahic ttl the Pn:mlse**~** langar. \;tJt\--\il.bstandini;**rhl,~ ft1n:~olog.**  l i(''-.'Tl;o;.i

.**.'t..~** sha!l ha•.-,.; the righl ln maki:? a**d~~im** ag.atn.sl the**cnnd~rrmin~** authority tl:1r the**rt..:-a~~nnahk** \·ah_K" of l.iL'l'nS('t;\ trade riX t\lrl..:'S., ftt'l'll itun,;,**p('-tSCtna~** prflf'L'rty, itttt,"·rn.Jption Ot dis[o!§.;a1ion Of**busH"lC:~.s-** loss \·1fgnod ;.viU anJ lor**tlh•\·in~ ;~nd** **r'L'fHtllidln~** (""Xf't::ns-:s. 15. UEFAI LT ANH RE'\U:I>IFS. An: nft!w**ftJtlO\\in~:** occurr<elh;r::-;. hut no1 tinlih:d to**t_h~,·s.l~· h~:n.:in,.** **:->lwll.;(m~,;,t[tuh:** additional Fvt;nts of lkicwlt. :\. I_icc-nsc-t.· Ltil"' to ra; any insLdltnt:nt ;."Jf Rent b; th1..· lin-ada)**~~r** ew:.h mlmHt H. J .icc!ht:'i...'**d('·cbr~,·.:;** m:-:;ohcnc
....-: banknlp!t.:: nr!**it.:~n">t~r** .;,_h_·clarl.";.; an !·:vent 1."Jf**Dd~u.rlt** :y;**p~..·nm** th.·d in t**hi~;,** -**\~**n:**~.Trh.'** ;H

. ( · f .iu..:nsi.'l" \**iiJ.bl.,>~** i'f bd":.'- i_(;. o....:ompt:, .,.., i:;b nr**i~** m**t..kl~wll.** in**tht~** p..:-rf<.-wmant::c- ,)j" .any**nth~r** f'Jl'O\**i:;,;i~_H1** \1 J" thi;-;.**\gn.'t.'int.~ri(** 1\:.•r a p1..:riod or \t;H ( [ 0) ._JH:;- S. aftl'r wtith;-n nolitC" frOtll { it.:t,.'I\:-i{)r u(**~~uch** l-!nh!Ju·n.**n~lnrnmrd<m.,·-..·, ~.·~r**  l,_h:Lmlr. D f**.!ctT~S"-"t." ~~~d.;.**  h'r f;,:rair. maintam ur n:phH

.. ';,;' an:- ih.-nl d.S**r~·q~~'l'SH,:d** h) r**ii."~il"1i_l·f** \\ ithin**k~n!** t0)**J~1~** "- 1-**Li.~c·nsc\.'** assignc' :x :;ubkts am**r:.~rt** ur an ,,fllw l'rc·nw;,: llangur or slor<:s an aherna1c .J.irrraft nr Ptbcr \'1.-'hick:--:-:. I.

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. I '-
..**~** In an Even! of Defauli. and notwl!hst:mding**l.ic~nsPr** may ha'c other**r~mcdics** umkr the· Agre-ement. Ia\\ or in {,"quity. Lict·nsor may**gi'\·~** Liccnsz'e wrl1tcn**nntl~c** {tbt' HTcrmination \iotke") ofthe intention**~o <~nd** **th~.."** Term of thl!<t**Agre~'OK"nt. :;pt:-ci(~**  h:!:;t a day {''Tcrrnination**Dat~"). Th~**  lcrrnimuion N(Jtict.--: shall ,;pc·cifv that th.;**Agre~mcm** and ·krrn '\hall expire and termirlill<" "ith the same**lilr~c** and d"fect as if the**f'~n11inatinn** Date \\('t(:' t!K·**~xplratinn** Jak of !ha:**Agn~·t·rncrH** and ail**right~** of License(·**~haH** ten11inat(:. Lk¢ns.nr and Liccns.:t mutmdly agn:c that**Licn~sor** is entitled**~o.** \\ithuut demand or further noti-::c.**rc~~ntcr** and**po~:.;s;t"ss** rhc Prcn1iscs. by s.tnnmary proo.:ettdings,**t~ic\..:tm~nt** or as**otb.;-r\vl.s~** rcnttittcd**h~ hrw~**  ;_md flTi10\':l' Lken;;,ec anJ r-cr·::.(ttl:·• and prnrel1Y from thl' Preml'lC$ and**han~~** hnhi anJ enjo) lhc Premise:.;; \\ith lhc rlght L(t n;t;:eivt:< aH**r~nt** and mht:'r inc-orne. l.iccn:.:.or, z:1t its**oplHJn~** rna;**,J.:"t~hca** tcnrnnaht thi:.:. ..-\;;n:t'HliO::n1 h; gning**tht..~** Termi-nation**Nc~tH.::c d~.,-..;_;.;(l'lbll:J** **all~n.** t.: or. \J. lthou1 tl'rminatlng th1s .i\gn
.. ·cmt-nt n:--k'L a he**Pn.~mis~;s.** or an;. part th("n:·of**~)n** !'";uch**ti.~rms** and conditions a;;. Liccns.nr d.ct•ms**~H.ivi:-iahtt:** in its suk· d}scrcuon. The proi\:t;.·cds or ;.;w.:h**ft,'"~** ktting shaH he arr:.lh:.·d. {a) rir"l.. lO th;,..•**p;..~~men!** u( an:; in\..h.:htt:dncs;\ nf**i.i~t~!1Si..'t":** \0**Lic~nsor** o{hc-r than I\·!Ininum1 Annual RenL (b)**~ccr•nJ,** tct tht pl:lyllk'li1 r.d' an_y**r~asnnahk** costs**t~f** such n>kttfn.g inchKHn.g the t"OSl nf an:-- n:asnnablc**a!tcra~inns** and**repair~** tn ifK Pn.::mis.-cs. f;rnki.T3gc**kt:~.;** and C\**pt.:nS1.:'~. ~ldv.:rti.sing**  ;,.··.;,pt;ns.;;\,**H1:.c.;p~...:.._:~** ion !'<:i..'.;; :md ;}HfirtK',\**~** fees: (c) i'hlrJ. to the payment nf \-1\n!mum Annual**R~.~nt** Ju
...**~** and unpmd**hcr;:uJhk~r;** l-d) 1-'ourth. lu an) damagt:s_ co;-..ts an.J expenses iacurn,:J hy i .ict...•nsor**a~** a n .. 'Std1 or f.[.c
...**Tr~;:l·'s P:n.:~.u.::h:** **and(;,~) Th~:** **rJ,.~;.;idu..;,** 

## rr an; .. ;;hail he hdd hy LJcens.:H .and applk·J in paynR'tH. 1li. futun.:**R"-~nt a~**  the ;;.amc rna)**h~cnmc** dw: 

### umJ payahk hereunder. Should**th~** proceeds of such**rc-kH~ng** during**an~** month ht: k·ss than thi.:**111t.H1~hly** instaHments 0f i\•1ininuJrn _.\nnual**R-~,.~nt n:qulrt~d** **h~J\.zundcr,** th;.:n**l.iLL'n~cc** shal! J.urtng such month p.ay such dcl'iv:iencj to l.kcn:.sor up1m**dt.~minhJ. ~~-**  xc(·pt**u~** othcrwi;,;c pnJ\ i(kd hy la\\. 1.**i~:cns.{lt'** :<>hall**hu\·~.._~** no tiai'i"ility lH' responsihiEty in any "vay**\\·hatsn~-..·\'t:f** n.lr !b**~~lfhlr~** h.f n>kt lhl..' Pn:mi:-.;1,,;:.:.**or~** in lhc**C\·..;n~** uf**rt.'··ktting~ f~x**  faBun: to Ct"tk\:'t**lhti..~** ReT>! unda**su~h** rc··i<'Hing. Except '" nlh<:rwis<: pr<,,ided hy b\\
.. Licensors failure' to r.:·kt the**Pn~rni:'-iC:--::** nr ;_my part**!h~n..~flf** shall**no~ r~..~h:ast:**  or**:1fl~·d** I.icens..:.:s**l~nhility** f.t')r rent or damages. On.: or**m(Jf\~** v.-aivt:r b\ Lic;.;n:-:.nr of an) krrn or condilion ht:!'I.!Hndcr nr**d~~~~wh** hy Lict:>nsce hereunder shaH not he crmstrut:d as a \\:a]\t;.'f of**s,u-~.:Ji t~rm**  or**~ondldfm** or det;u.Jh in tht· fuwn: or any**subst.)LjUf..~n! Jt~fm.ilh**  for the s;.m1\"..'**caus~..·_** ,.\ny**cons~._·n(** or appn_Ha1 ghcn h: I**.i(·~nS(lf** r>.:'quiring suL":h (.:onscnt or .appnn al shall not constitute**cnn~nt** nr approval !o an;- suhs-l'"qw:nf similar**a~1** hy J.kenscc
..**~n** the c\:cnt Licensor dects to terminate thi-:-: _.-\gn
..**~crr~~**.. ·nt. Lu.:;;;rhor shall ha\e the right to ao ..**~ckratc** all nfthc Rem t,to the**~..~--..:tent dett.:rmin~di**  due ht'f('tmdcr**f(~r** the**h;:·d~HK-e** !.lfthc Tenn. Licensee sh.aH pay to ! .iu;nsor upcm demand
.. as liquidah:J darnagc1. thJ..? <..kt"i1.."i.J:rh.:;. hd.\\o,;en t.be amount of said**U\~ci.:!kfah..~d** R-<;:rtt nnd th.: procet.:ds of rL'-lclt int:: !'nr \-\·**ha~** \\ou.ld ha'<t' Plh.:n\**i:s~·** cort;;lituted tht.:**ha!aw..::~:::-** of tht: T;,;;m1
.. in**~.~fnnpu~ing 1iquld~tkd**  damklg_c..; I**.i~t:ns1.\r** shall add any ;;..·-...:.lx:nsl'."s incurred in connc·-crion**v~,:ith -nl_,~aining** **pns::z;;;.;s.i~~n** 11f ;:md**t'1>k·uin~** tht: Pn:lT!lscs mcludin);_ hvt not**l!rnit~d** to aH>1Jl11l'YS**!~t.:s.** brob
.. Tag.;.:-**t~** ...t-.'4 and**t..:\p-cn~;~"'·** adv-;,:rti:"iin;;**~xpcn:ses**.. rea:-;.pnabk· alh:rations. an:..f repairs to th.t..·**PrcTnis~...~s.**

')16. SEClfRITY 

## m:rosrr. Upon c•xecution ofthis :\gf(ccmcllt.**Li~:c·ns.:c** >hall dcliwr tn LHxnsor the swn ofnine hundn:d tifty and 00/lllO {$950.001 dollars. which rcprc;;.:ms the first month rent and.a security deposit of(951l00) a..;, consid-cratton f()t th\.,·**[~tithhJl p.cr1t)n1lcmct:~**  hy J.icensce ofall ofthe tenns and conditions**ofthi~ Ag_1·\~crncrH.**  in 

### rhe e\·ent Llcenst:c defaults in any rtfth..:- tcrrns and**condition~** 

### ofth1s**,-\grc~n1cnt.** Licensor shaH ha\'t:**th~** right (hut rh.lt tlw obl·iga{i4)n} lo apply any part of th\.·**scr..~urity depos~t**  to cure an;. :;.ut:h**'-h;t~tult.** induding**Jamagc~** or Jdlcicncy in the**r~..:-k.·uing** of thJ.:" !>remise l kmgar. in t.hc**~v~·nl** I**kt:n~or ~o**  applies**th~ s~;.·cur1!y**  dep-osit I**jcen~ee** shall upon 1.kmanJ !mmt>diatdy deposit v.:lth**Li\:cn~or** an amount suffident tn fund the s.t>curity t.k•p{JSit in**th~** anh.Hmt requirt:J hereunder. If Lkenset:'**dtH.~s** not**depn~i!** tht:'**rcqHt.~S~t:d Jllon~}** **~qu.a!** !o th(' nrig_imll :·oll.:"(Hrit:-**d~posit** amount Zero**{$000.00)~** then I.icenst:'e shrd! b-e in (i.;LtUh nf1his _,;\gn:cnH:nt. In thl:**c-v~nt** l.kr.:n!{t!C duHy cnrnplh:s v.-ilh a.H the l..crms and conditions of 1his**-\gr.:~tnJ;nt.** the**~l.-·cudty** depnstt or ha1anci"**~hereof,** possL"ssion of th.:**Prt:mis~** f bngar to I**.i{:t.'11:..,~iL l.ic~·nsnr** **;.;h;~ll** ntH h'l..· o-bligated to**k.r:~.;p** th.._·**s~.::-curity** deposit a.s a**;t.;<i.-~purat..~** fund but may I..:'OH"lr111ng_h: .such\\ !th I,ict:nsors funds provi.J(:d I .it't;.Tls.tX maintains s.cparah: ar:._:(;otmting n ...**~~,nd~** ktr such**zkpns~t** 17. NOTICES. if in the Agreement a prrn iskm ;.._made f(-;r any k[nd nf nntict: cottld he neccssar:;.. induding**th~** mfHHhl_: !'Cnt**coupon~;,** it sh<Jll hr.:**Jecrn~d** s.u!1k!ent notke and**~ef'\·i-ce** th..:-re·nf if such**notic~.."!"** to l.ice:nsc(• is in v. dting addressed h) i

.. iccrtsc\· at Ann. \1lk¢**Pd1~r** at l**X4~** I.udgatc I
. .ane. Rochester Hills.**!\hchig~n** 4&.109 and dcpusit<:d in !ht: mail 'en! by regular iirsl class maiL with pos!age prepaid. Notict." nceJ**n~** SC"nl to nnly nne [**.i'l.:.:.::n~;cc** \Jr \Vh<;.Tt' l.it:cnsCt._' is more than Ollt: person.

Licensor shall have easements**14:-~r,** existing pipes and \\'Ire conduits on. in.**undt.:~r.** over ami through the PrlCm.ist." f-latigar**forth~·** bent:- fit,_\!. I .icensnr**<.U1d:'~H·** •"thcr**llccn~1.'t'~** in**th~·** Premise I fangar Building.**L~censor** n13j· cnkr the Premise Jbngar f(H' the purpose ofrepbclng such itcn1s" providcJ that.**~xf..:cpt** in the t·v('n1 ofan**t:Tncq~ciKy,** Lio:t:llstlr**·~.hail ~nlct**  1he Prt:mise Hangar fnr "'uch purpo$CS only (a) up-on rr.;-a;;onahk \\·tiHcn no(ic;:- to!**.it:~nst;;;,** th} at such tirnes a:-; n:1ay**h~** approved. by**Lict:n;s"-~...:.** and (c) in**~'uch** a rnanncr ,a,;;; to cause**rh~.,·** rninimum**di~rurHinn** tn Licens.ee's**empl~."i'J** cl:s and persona!**at"tiviti~:S** on th.;- AirpfH1**Dcv~!,opm~rH. \.~\:}t\\-ithstanding**  the : .. d:m\'t: Lkcnsor may not dirninish**Li('Cli;)~t:S.** no-or arc.a (H"**alf~ct** I .icense,·s us.: ...**~r** the**Pr~mis.:.•** lIangar. 19. TRIAl BY .HRY.**Lic~nsor** anD**Lit.:~tn~~..· h~r~h:**  nruHmH;- \.\ai-,.·c**tria~** hy jury in any**ac~ill)n: pn.lc~.:·t;;ding**  or l:Ountcrda!m**Prough~** hv**-.:ithj,_~f tlfth'l~m** **~agamst** th1.: ntht:r**~H)** an)**rnau-:r~** \"\h3tsoC\Cf**;:~rl-sing.** from Li-cerbec's. us,;: or**ncc~upam.·~** ,.Jftht;;:**Prem1s~..·** }hfngar and .\lrpnrl**Dt:<\'dr~pm~nL** 1.1r any claim of injur;.
..**d~ath** nr d;.urw.ge ofarn kirHJ v.:hcHs.Oc\·>:T

# (

( 20. ilOLI)I:\G OVER. lr. tht.' e\cnt of J**Jc~n;;;;t;¢** hoidim.! f,)H;r : ..dlcr thl'**~:xpiratinn** ofthb**Acr~cmcnt.** thereafter the Tcrrn shall only he from month to tnonth

### i~ the

### ah~ence ofa v.riHen

### agn:cmt:n~ s1gncd mutualiy hy

### Li~cnsor and l.kemcc w the cmnmry. In such**~'entthe** mnmhly inswlimvrll ortlw Annual R•·m shall lie Twt> HundreJ (200°·o ljWfl;cnt 

# "r lh<: !a.sl mtmthly r<:nt in>talimc·m of the Agreement and all other terms and condhtons orthi;:;**Agn;~menL** mdutJing_ Additional Rent shaH ht.'**applicahl~** h!-**th~** rnomh ttl month**Tt..~Tm,** 

### 21. SIG:\S.**l.!c~.~n.s~.:** shall not**t..:rc~t** or instal'! ;:my**cxh:ri~··r** or lnti2'rinr Premis(' l Iang.iJr nr Buih.Iing sign::._**a\-~;-nlng:;~** lights. tksigns.**flags~ sateJ!hes~**  \\in:-.; or ..:qu!prnc·nt**\\hat;)tK'\~L** 22. SI<TESSORS**A~D** ASSIG:\S. rhe -co\·cmmts. ennditinns and**Jgr~,·cn'lt.:ni.\ m~lt.k~** **~~nd cmt:n~d**  into b; r**u.:i,~n:o;.nr** and l kr;:n;{t.;'t;: hereto**~lr(~** dedan.:d**hindin~** ;,Jn ilh.:ir**n,;sp~o·..:ti'>-'t'lwirs, ~~w.:·t.·<:ssors.** **"iU(Tt.:~sc~rs.** m**im~n:st n:rn:s~.:nwtiv\."s**  and

23. FORCE. MA.lEI HE. fn th\-' ;.;v-cn1 that**Lic('n~;;or** shaH hL'**dd~j~,.-....~d** (lr hindered in 11r pl\:\c-nted t!'O!l'l the pt'rf()rnlanet! oL:my m::t required**h~...·rc:under** h; rcas·on**ofsaik.:s~** redt:\dopnK"ill (jfthe 3l:rpnrL**lo\.:k-ouls~** labor**troubfcs~ in~~hiiit_;.**  to**procun.~ 111Jkrbl"'~** **~~tiiun:** n( fil!\\'C!'. snO\\-· !){Orrns, mln, h.aiL nn:. flfKtd. accident Act of God. resldcti\-T gnvemmcntal !a\\S vr r-t.·gu!ations. riots.**in8urr-teti,)·n~** \var**o~Jtr r~thcr**  reason or cause ofa like r1aturc lxc)nnd the contrnl of Liccn<;or. then licensee agn,rs to rd.:asc. indemnil) and hold Licensor**h~1rrnk•:;s** rrorn Hnd**ag~~in~t** aH hahi!itit:s cost.;:; and dmnap
..**~s** ofany kmd as aln:ady**c-.:.pn:~st:d** herein :)Od**l.i~;,:~n.st')r** shall n:ol ht." hab!c k
..r 1hi.s failure to perform thi·s**Agn:cm~nl** or**~rt(ln'ning** \\ork or doing .cu..·ts. n:quir;.;J unJ.:r the terms of !his**Agreem~nt.** l'his docs no! include the**pert{·~m1:.mce** and**nhl!gat~nnlo** r-ay aH**n:~nts** anJ additional**rt"n~~·** a?-; f!'l,n·J by**f.k~..~ns~.>** ..:**t~)** the**Statt...~** cd' \-1h:higan or !_itt:.:nsor.

I**[ct,~ns~;.-1.."** shaiL a1 its '!'de exrcn;-;.1..."_ ht': in full cornpli.anct' "'"" ith aH k.nYs.**nrdinant..:c~~** ruk·s and rcguiatlons. cnat:kd**~l1r** the**protecti~Hl** nf lhc cnvir\HUncnt :Js tht:y Jl'lT1ain in activities on the Airport Ueve!oprncnt as \"etl as an:· uJ'!Sttt: iflh!igati,Jrb ussociah:.:d tht:rt:'-A-ith.**l.i~..Tnsce** shall not**spi~J.** introduce. discharge or bury**~m~ h·~xic** **ch~n1icaL** g3s-_**~1\** iatinn fuel ofany kmJ. oils of any**n::rtur~. s-uhstant:"~**  or contaminant nfany kind in. on or tmdcr th<.: /\irp;_•rt**Dr.:;,ck'~rn!o..~nt** 1.1r cmy rortion**th!..!r~nf.** or pt·nnit**th~,_~ dischatl~'-'** **tb.:n:o.finh~ th~...·** **sani-t.tr~** t>r**~•lorn-!** sC\\<.::r or \vakT s;st-i..."n:"l st:n·fng 1!11:.·**Airp~}rt** Dc\-etopmenl in\\ hich the Premise Hang.ar Bui1ding rna} l.J-c h.lc.Hcd. or mto an> rnunicrpal or ntht:r**govcrnmcnta~** \\iJiC'f s::::;tcrn Ol' :'11J)f1n**and·'(~f** ;;anh<IJ)'" SCW!Cif S]'"-;tCrn_**'.V{lb(~Ut** 

### nrst nhtalning tht: \'1-fitten**lk·r.,•nst~. fl~tmi~** **oroth~r.appn.J\~ll** ;ifafl 1]<.)\:,;rnmer!la! :lh)_C'!H.:iC:i**h~Y\ingjurisdictil.rl)** thi:rC OVt;r, and in an::· event**Liccn~.:e** sl-raH 

### cmptt·,y.- all**approrri(H~ .:-..nf~guarri~~**  and**procedure-~** required hy**bv~.-** 

### 1.X othtT\\i:-:.t: nt:ct:·:.;;sary or uppropn;Jtl' h' pn:+ ...:l.'t su<.:h s:-st-t.:'nt:;.. !"rm_-n 1.2Urllarninatinn. l.ll't-"BS<t.'t:, at its sok
l j

# c cost and cxpc11s.L" sh:1l! he fiJI!) respons.ibk**f~.a·** ohtaining and complying with all nect.'Ss.i.try cn,-irnnmental pt:rrn!t:.:,**ll'.'C~ht._:s** and**-~._-nh~r** authorizations rd::Uc-dln an:·' v.:ay to**it"~** activities on the Airport Devdnpmcnt. A!l storage of

# ,,il ami polluting materials hy**th~** Lken,;cc shall h.: in and all other applicahk**~,;nvironmcnt}t** b\\-S.**ordinanc~~- rul~s** **~md** regulations. I.icenst:c shall \·crba!ly notify I.1{,:t:nsor fT 1f any vil,Jatjon nfthe prod;.-;lnn <:'11' !his**~(~ction** .;l....; S-t){H1 ;Js pnssiOk· Out no iuk·r than**t\vt.~nty~** fiHlr(14J**h~~..mrs** anr;;.•r l..icensce dtsC:0\1;\'S ..;w;h violat\OJ1, I.ic..:cns-('t""**~shall** provide \-\Tlth.:n nolitkatinn of any \·hJiation tn Lkcnst)C\\lthin**~cvcnt)·~two** (72} hour">. Licensee shall immeJiateiy Lmdt·rtake, at its expt:.'t1se" Jn;- n(:CL"SS-ar; awlor appropri.;.H.c deanup proc,.;-5-s in conn..:d.}on \\-ith any hrcaeh**c~fthe** foreg-oing \;nvcnmH. aJ1d '\\ithou\ limiting**Licenst:~'s** other inJ..:mnit) or insurance ohHgati(ms under this ..-\grc..:n1cnL Licensee shn\1 p•.:rsmMily d;.;·f\:nd. indcrnni(y nnd htJkt I-it..:t;ns.or harrnks'< from anJ againsf ail**lbhilir~** _**\\hclh(.~r** Jin.·\.'L md1n:cL**·~·nn~cyut·ntial** ur**f\fhcr\-.l~c** inehuJing all costs and**attnrn~y** tl::-t:':i. arising kom un;. i**nc~,Jcrlt** nr**;.>c\.'urn.-nc~** Gwsed by t.ic-cibC1;2'_ irs emplo)**~es, ag~ms.**  cnntrjct.ors.**gu~;,·s.ts** (H" tn_\ llt:-:s**<.~n** Pr about \h('**Pn~nHsc** l !angdr or Ihc Airport De\dopmJ.:nt in '"'hich**~ht.·** P!"t.'Trti:•A.: I**hng~.tr** Budding**~mJ** !and ma_:. h>:**tt~.;..-.-Jk'd p~.,.·rtai111ng**  tq**an~** environrncnta! or tuxic cnndilimi. 25. CLEA:-i l'i[)OOR AIR I'OUCY. The \iq>M! lk\dqpmnH ;, non-"m>kmg.**r.:~ul;,kd** umkr 1hc !\!Jchigall Ckan Indoor .-\1r :\l'l (**19~6** P,,\ 11 -IX**~ls ;:lmt.~n~kd**  h:**l9~S** P :'\.**2\}-~.** :::96. :md 31 S }. Smuking .._,ill he prnhihitn!**ins~d;,_:** uny and a11 .-\irpt}ft huild1ngs and hangar;.;. Sm-oking.**~;ha~l ~**  ... ·**pn~hihitcd** in or on an:. State pf**~vtkhigan** or 1.k:cnsor**prnp~_'rt)** or huiiding, 

### 26. FIRE PREVENTIO"i**Li~xn~~~:~l'"** :;.halL at its 1.n.\n**e\p~n:>.e,** tn:--otall and mainL.un tin: c-xtinguis.htr:-!. hJgi..·thcr v.ith an:.·-**o~hcr** fin**prokt.~t!Pn. ptC\'eiH~nn**  (W v .. arnin:g t.k\ k-.:-s. (_other than the ;.;pri nkkr sy sterns or similar capital imrrn\'Cmcnls extep1 i 

### r**rcquir~.;d** h:,**r~:lisrm** nr f**.kc-n:_;;~t:~** panicubr usi.'" of the Pn.:-mf.qe i fangar}_**License~** i-"' respnns.ibk· and liahh::·**t~x** th(: prorcr**rnainkrn:~ncc** ;:md functifm anJ any damagJ.? caused Jue to the rnalfunt::tion**ufth4.~** fit'<.>**pr(:v~..~n1iol!** :md**pr~J-h.:-ction** dc\iCi.."S_

I
..tCci'i;.;l..'".: shuJl nni L)flt'll**~!1~.:** Pn..'1Tti·o;._-: Ilangar**Bi~l'tJid** t.kH)f rf\\ i1hJs**~~n.: ~;:\<,:(,'t;:ding** **l\v~.,.·n.t:** -fi;,..,_•**(_"~S** HLp.h.} miks**r~:r** hour_**Lk~n~~c t~** **rcsp-~**lfhthk f(l \ t:ri fy and l:aU !**~&no~**\\'XBRn-T 1l1gh1 ."i\,·n--icc co:;SS'; to pR'\\.:nt any**dan1ag~ ~n**  the Prr.:m!s.c Hangar doors. Hui!Jlng
.. :\(reran and peupk f.ict.:ns..;t;:" is n

...·<.;.nonsihk- j;)r anv antl aH**tk!rna~:.:** cau:..;L·1J tP tlK' P'n.·mist' Hant!ar Donrs.**Bi~!~)ld** door. or**rnHin~** dnnr,;;,

• ' " '- c '· anJ "·lhaH r..:imhurs.._. LicL'n?<or J(·,r**~Ul)** cn1d all n:pairs**m:o.:~.s~lf)** dw
..**~** 

### w**~my damagt.~**  t-n tht·**PrL:-rnl~c** Hangar and**B~~ddin:.;,**

L

## ( 28. E"'TIRE**AGREr~MEi'iT:** 

### :VJODIFICATION: SEVEIUBILITY. Thfs**A~re"rn~nt** contains th.,_· entin: agreement hei\Yt.?Cn thl" Li-censor and i .-k-cnsee and no**rcprcsl~ntmlnn. induccmt:;nts~**  promises or agreem-ents, nral or otherxi"e.**C'ntcn.;~d** into prior tn the**~xc<:ution** nf**~hls** Agnx·n1ent will alt.::r tht: 

### \.'tn·enar.ns.**ugr~cm!.."nts** and**und~naking.s h~rcin** **s;~t** fiwth. i'h1s**..\gn:::ttml~fH** shaH not be modified in an; manner ('\(t:pt**h~** an lnstrum<.;nt in \Vti[jng C\.Ct:"Utt:d mutually hy hoth i .kcnsor and J.**kcns1.~c. ~fan;**  tt.:nn or**pnn-i~ion** ofthis**,\gn.:crn~nt** or thl.;' applkation there-of. to any person or**circumstan~..'l~** shall. to any t'X!enL h<L invalid >)f U!''l<t:nfon:-cahk· forth(·**r~mninJ..:-r** of this ...\gn.:l.?mcnL or tltt.• application of su<eh it:m·t or proYision to persons or circumsh.nKe.; other than**those~-'** to which it is h.cld imalid ,,r un.:cnt(wceahk-_ 'hall nnt he afticcted thereh: and each term and pl'o\'ishm nrthi·.;,**.:\g!\;-t,_'!~lt:'nt** sha11 ht: \aJi-d and ht.•**~·n!"t"'lrt;:~d** tn the**fut!i;S-~** C"\.It:m**fli:~rmlHed** by la\4.. WIT'iESSEI) BY:

WITi\ESSE:D B'l': UCf:\SOI{:**l~omco** Airport \lanagemenl, L.L.C. lA**\llchi~,tan** l.imitcd liahility Corporation)

!late: IJ(EC\SEE:**l'e·ga~us** Parachuting Service, Incorporated i. A \·1khigan**Cnrpnr:1~ion)** lly:

' ' 

### ''( \



# c j_j_j_j_j_L

Subject: Fw: Pegasus Lease. From: Mike Pelzer (mikeyp@prodigy.net) To: mbdevelopment@comcast.net; Cc: mikeyp@prodigy.net; Date: Wednesday, April1, 201510:23AM

Sent fi·om Yahoo Mail on Android From:"Mike" <mikeyp@prodigy.net> Date:Tue, Mar 31, 2015 at 7:36am Subject:Pegasus Lease.



### Hi Steve, rage 1 

### or L



### I'm still out oftown but will be back on Thursday afternoon. Sorry for the delay inmy response. I'm not sure ifyour working Friday but ifyou are, maybe we can touch base? I am wondering if you're still working on the building site as well? The agreement that I received looks likejust a template buthere are some suggestions for changes to make your life, mine, and Bill's a little easier in case we get pushback from other tenants. Language forjumpers landing onthe airport Section # 1 says that I can only have one aircraft in the building. (There will most likely be a minimum oftwo and an enclosed trailer to secure my gear) Section #4 

### refers to Licensor and Licensee work. We will be 

### workL'lg in the hangar. Section #6 

### talks about no commercial operations without a "commercial operating agreement"? Section #7 Am 

### I responsible for maintaining the bifold doors? Ifthey're damaged due to my misuse or negligence I don't have a problem fixing them but given their current conditions, it could be a problem at any time? Exhibit D Start and end dates. Ifthe building plans move forward and they're complete before the end date on the agreement, am I paying rent on both parcels? There are some other items in the Romeo Rules section to cover all ofus but those seem more easily workable. Let me know what you think?

https://us-mg5.mail.yahoo.corn!neo/launch?.partner=sbc&.rand=7ftdde8n66adk 

### 11114/2015( \



# c 1 11HL
Thank: You! Mike Pelzer (586) 484-9384 (517) 536-5252

Sent from my iPad

https://us-mg5.mail.yahoo.com/neollaunch?.partner=sbc&.rand=7ftdde8n66adk J:'age L OIL

I 1114/2015

# c

\. RICK SNYDER GOVERNOR

Steve Mazur STATE OF MICHIGAN DEPARTMENT OF TRANSPORTATION LANSING May 14,2015

Romeo Airport Management, LLC 2146 Livernois Troy, Michigan 48083 RE; Skydiving operations at Romeo State Airpmt Dear Mr. Mazur, We're writing this letter per your request to have the Office ofAeronautics recommend a location where skydivers can land at the airport. Attached is the recommended Parachute Landing Areas (PLA's) at the airport. KIRK T. STEUDLE DIRECTOR

In selecting these PLA's we referenced the document titled "Development of Criteria for Parachute LandingAreas onAirports" (DOT/FAA/AR-11130). Since skydiving operations are considered an aeronautical activity perF AA regulations, they are to be held to the same standards as any other aeronautical activity on the airport. We expect the skydivers to adhere to federal, state and local regulations, as well as to United States Parachute Association (USPA) basic safety requirements. Since the skydiving operation will occasionally need to retrieve a skydiver from other areas on the airport, we will require that the retrieval vehicle be equipped with a flashing yellow light and a two way aviation radio. Any operator ofthis vehicle is to be familiar with airport communication procedures. We would also like to see a 30-day termination clause in the commercial agreement in the event this operation is unable to comply with the rules and regulations ofthe airport. Ifyou have any questions or comments concerning this issue do not hesitate to contact me.

lH·lAN·O (01/11) Sincerely, ,_:....,.

# _____**j/l/~~** Mike Trout Executive Administrator Office ofAeronautics

Aeronautics**B~flding** - 2700 Port Lansing Road, lansing, Michigan 48906 ww•.v.mfchigan.gov • {517} 335·9283 

# f XI}; /31:7 

# s-Main .!"LA

### Pnnt Page 1 

### ot L

Subject: Romeo Lease From: Mike Pelzer (mikeyp@prodigy.net) To: mbdevelopment@comcast.net; Date: Thursday, May 21, 2015 4:23AM

Hi Steve, Here it goes. 1hope this makes sense to you? I'm breaking tt down by sections in both the lease agreement and the airport rules. I think that a lot ofthis can be written into a separate document or the Commercial Operating Agreement (if it is a separate document?} In The GOA put language permitting

...... Jumpers to land on the airport in the designated landing areas we discussed. Us to perform the routine maintenance and inspections on OUR aircraft. Us to have vending machine/s and a water cooler. Us to install telephone, TV, and internet. I'm not sure ifthis will be a satellite dish or wiring?

I would also like to put up some signs for both safety and advertising purposes. Business name, parking area, landing area, keep out, etc., etc.

1feel that we should include the ramp on the West side ofthe hangar as part ofthe lease so that I can keep people off for safety reasons and such.

Give the GOA priority over the "Concession & License Agreement" and "Airport Rules" because a lot ofthe above items are in those documents and it would probably take forever to pick out all the spots where they are referenced. Most ofthat is usually prefaced or followed by something like "without prior written consent of the Licensors" (Romeo Airport Management)

In the Concession and License Agreement page 2 section 1 Can we change that to 2 small aircraft or 1 large aircraft? I will also have an enclosed trailer or something to secure our gear in there. Page 3 section 3 References dates, adjust accordingly. I would like to have a minimum of5 years? Whether in that building, one that the airport builds, or one that I build. Page 3 section 4 1 Stop the last sentence ofthe first paragraph at "Premise Hangar" we will be working in the hangar

. • Page 4 section 6 and 7


### https://us-mg5.mail.yahoo.com/neollaunch?.partner=sbc&.rand=7ftdde8n66adk 

### 11114/2015

# ( l'nnt 

### !'age 2 

### ot 2

Talks about the GOA, vending machines, and such. It also talks about the building maintenance. I have no problem with minor routine stuff but don't feel I should be held responsible ifthe bi-fold falls apart or a wall falls down. Page 11 section 21 Signs, satellites, wires, and equipment

ExhibitO Dates

In The Airport Rules 1.27 Signs 3.1 Commercial Operating Agreement 4.2 Consent for TV, internet, & phone 5.4 Permission for signs 6.16 Skydiving 7.11 Fueling Operations A. Allow us to fuel the aircraft with the engine running provided approved procedures are followed. (Bill and I can come up with something)

These seem to be the most obvious things we should probably addressjust so that no one can say that either one of us is acting improperly or in violation ofanything. I'm looking forward to getting this done. Ifyou still have the furniture and idea ofwhen I may be able to grab it (I have people available from Friday through Monday), or have any questions, please let me know? Thank you! Mike (586) 484-9384



### https://us-mg5.mail.yahoo.com/neollaunch?.partner=sbc&.rand=7ftdde8n66adk 

### 11114/2015rnnl

Subject: commercial agreement From: To: Date:



### Hi Steve, Mike Pelzer (mikeyp@prodigy.net) mbdevelopment@coincast.net; Thursday, May 28, 2015 2:31 PM



### Is t4e agreement available for reviewing? I've got my attorney on standby. Mike Pelzer (586) 484-9384
Sent from Yahoo Mail on Android

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### 11/14/2015

### LICENSOR:


## (

'-- -- 

### LICENSEE: CONCESSION & 

### LICENSE AGREEMENT

ROMEO AIRPORT MANAGEMENT, L.L.C. 2146 LIVERNOIS TROY, MICIDGAN 48083

PEGASUS PARACHUTEING SERVICE, INCORPORA TED 1845 LUDGATE LANE ROCHESTER IDLLS, MICIDGAN 48309

### (



# ( CONCESSION AND LICENSE AGREEMENT TIDS AGREEMENT made this

__ day ofJune, 2015, by and between Romeo Airport Management, L.L.C., (hereinafter "Licensor") a Michigan Limited Liability Corporation, whose address is 2146 Livernois, Troy, Michigan 48083, and Pegasus Parachuting Service, Incorporated, whose address is 1845 Ludgate Lane, Rochester Hills, Michigan 48309, (hereinafter referred to as 

### "Licensee"). 1. PREMISES HANGAR. Licensee agrees to occupy, use, maintain and pay for (hereinafter "Agreement") the following hangar space inthe Community Hangar Building, Premises 1 (hereinafter "Premises Hangar). The Premises Hangar and Building are shown in Exhibit "C" attached herein. The Premises Hangar shall be used and occupied by Licensee solely for the storage ofup to two (2) aircraft with the following Aircraft Identification Numbers: C-182 N and C-206 N or one large aircraft: C208, King Air, DHC-6 or Kodiak N (herein after referred to as the "Aircraft"). Liseasee may store another similar airsrafi: selely evmed and operated by Lieeasee (the "Sftbstitute Airer11ft"), fl£6Vided the Substitute Aireraft 

### has obtaffied the vlrittea eoosent (Written Consent Contrllet) frem Lieeaser. IH the e'/eHt Lieeasee is permitted 

### te store a Substitute Aireraft ffi the Premises Ilangar, aH privileges 

### herem efthis i\greemeat and the Wri-ttea CeHSeat Coiltraet shall apply te beththe Substitute and Aireraft deseribed herein. IfLicensee does not have written permission for other unauthorized aircraft, automobiles and other recreational vehicles, then Licensor may terminate the Agreement immediately and charge Licensee Two Hundred Percent (200%) additional rent or immediately remove the Aircraft and other vehicles from the Premises Hangar to the outside ramp area and charge a daily ramp rental fee. 

### In addition, Licensee shall pay for the use, maintenance and care for the Airport land (Parachute Landing Areas "PLA's")located inthe northwest comer ofthe Airport, as shown inExhibit "F", solely for a drop zone for their skydiving business and for no other purpose in the recommended Parachute Landing Areas (hereinafter "PLA's) at the Airport as established by MDOT and mutually agreed upon by Licensee and MDOT. 2. AIRPORT DEVELOPMENT. The Airport Development is defined and situated on real property located in the city ofRay, 15340 32 Mile Road, Michigan 48096, as legally described in Exhibit "A". In addition to this Agreement, Licensee agrees to abide by and is subject to the Rules and Regulations (including those set forth in Exhibit "E" attached hereto) as shall be changed and adopted from time to time without notice solely by Licensor and MDOT. The Premises Hangar, PLA'S and Building are part ofthe Airport Development, as described in Exhibit "B" attached herein. The Premises Hangar and PLA'S including but not limited to all buildings, land, roads, infrastructure, utilities ofany kind, sewer and water onthe Airport Development are under the exclusive development, management and control by Licensor and MDOT shall hold Licensee liable and responsible for all Premises Hangar and PLA'S maintenance, separate metered utilities, zoning codes and rules and regulations as established of Licensor, MDOT and the F.A.A. All parking areas shall include and be limited to areas as defmed by Licensor from time to time for safety purposes and due to the on going renovations to the Airport Development. Licensee shall use 

### 2

## ( the concrete ramp in front ofthe Premises Hangar western bi-fold door for customer, guest and employee parking and must provide a parking design, stripe, maintain and secure in writing an approved parking plan from Licensor before commencement ofthis Agreement. Inno event shall Licensee abandon any aeronautic devices, machinery, equipment or automobile orblock or hinder movement to any ofthe hangars, buildings, taxiways, driveways, runways or any other development whatsoever. Licensee may park onthe side ofor inside the Premises Hangar Building, but never on the PLA'S or any grass areas. In addition, Licensee fully understands and has been notified herein that the Airport Development shall be improved over the Fifteen (15) years including a transformation for a safer, cleaner, more desirable public airport commencing inthe year 2015. Licensee shall never interfere with this development whatsoever. Licensee shall never abate, set offor deduct rent during any part ofthe improvement period or during the term ofthis Agreement. 

### 3. TERM OF AGREEMENT The "Term" ofthe Agreement is for Five (5) years commencing on July 1, 2015 and shall terminate on miduight on June 30, 2020. Licensor and Licensee shall mutually confirm the Commencement Date in a written memorandum attached hereto as Exhibit "D". IfLicensee refuses to sign Exhibit "D", then Licensee shall accept Licensor's Commencement Date as the beginning ofthe Term ofthis Agreement herein without any recourse or right to refute against Licensor whatsoever. 

### 4. LICENSOR AND LICENSEE'S WORK. Licensee agrees to take the Hangar Premises and PLA'S "as is" and Licensee shall return the Premises Hangar, PLA'S and Building to Licensor inthe same or better condition at the end ofthis Agreement. Licensee agrees to maintain the Premises Hangar and PLA'S and shall perform daily maintenance to insure its safety, security and proper operation. Licensee agrees that they shall never make any additions, structural or cosmetic changes whatsoever to the Premises Hangar and PLA'S or allow anyone toperform any work in, on or to the Premises Hangar and PLA'S without written approval from Licensor orthis Agreement can be automatically terminated by Licensor with a thirty (300 day written notice. Licensee is allowed herein to install temporary and unattached but safe fixtures including drywall and stud framed walls for skydiving classroom purposes. Only Licensor is allowed to install any heat generating equipment inside the Premises Hangar at the sole expense ofLicensee. Only two (2) types ofheat generating equipment shall be allowed in the Premises Hangar: gas forced fan driven blower units or gas radiant tube heaters. Notwithstanding the provisions ofthis section, Licensor shall not be required to provide any heat and or air 

### conditioning to the Premises Hangar portion ofthe Premises Hangar Building as herein provided. Licensee shall not use additional heat generating equipment or lighting other than standard Premises Hangar lights that affect the temperature otherwise maintained by natural flow. 

### 5. ANNUAL PAYMENTS. Licensee agrees to pay Licensor the following Base Rent, without deductions or set-offs whatsoever, in advance, on the first day ofeach calendar month. All 'Base Rent shall be paid, at the address of Licensor given above or at such other place as Licensor may designate from time to time in writing. The Base Rent for the Term ofthis Agreement shall be:

3Years 

### 1-5 Premises Hangar Rent $950.00N* PLA'S Rent Annual Base Rent $200.00 $13,800.00N* IfLicensee fails to pay and deliver to Licensor any installment ofAnnual Base Rent within Ten (1 0) days after the first day ofevery month during the Term ofthe Agreement, Licensee shall pay (in additionto and at the time ofpaying such installment) an additional rent charge inthe amount of Seventv-five Dollars and 001100 ($75.00) permonth. 

### In addition, any and all such unpaid amounts shall bear interest at the rate ofFifteen Percent (15%) per annum until paid. 

### 5.1 ADDITIONAL RENT PAYMENT. N* represents utilities, that Licensee shall pay directly to the utility providers, regarding any and all bills for electric, gas and heat, ifavailable, and any other utility consumed in and for the Premises Hangar upon commencement ofthe Term (Nrepresents all utilities-gas, electric, heat and water if available). Licensee must make all arrangements that any and all utilities are in and registered in their business or personal name and shall tnrn on all utilities as needed to operate their utilities and shall continue to do so until the Term expiration in order not to damage the Premises Hangar and Building. Licensee shall maintain and warrant, at its expense, the proper function ofall meters measuring the consumption ofthe utilities within and used for the Premises Hangar. Licensee shall pay all utility amounts as billed bythe utility companies without any deductions or set-offwhatsoever. 

### 6. USES AND OCCUPANCY. ( Licensee agrees to use, maintain and occupy the Premises Hangar and PLA'S during the Term. Licensee is solely responsible for any security system and or personnel regarding the Premises Hangar including but not limited to the security ofits Aircraft and personal items. Licensee shall insure that his/her hangar door and all other entrances to the Premises Hangar are locked upon entering and leaving the Premises Hangar. Licensee shall guaranty that the Aircraft shall be stored inside the Premises Hangar at all times 

### ifthe Aircraft is not being used for flying purposes. Licensee agrees to remain in compliance with Homeland Security, the State ofMichigan and Licensor's efforts to keep the Airport as safe under the present and ongoing concerns. Licensee agrees to safely store and secure all keys to the Premises Hangar and Aircraft offsite to prevent the likelihood ofthe Aircraft being stolen when it is not in use. Licensee shall not do, permit or suffer any act orthing to be done which is injurious to the Premises Hangar(s), PLA's, Building or Airport Development, which is a nuisance, contrary to any law, ordinance, rule, regulation or order ofLicensor, MDOT orthe F

### .A.A. Licensor shall have access to the Premises Hangar at all times to inspect for Fire Code violations, inspect cleanliness and orderly business. Licensee can provide and bring onto the Airport aircraft maintenance personnel for scheduled maintenance on Aircraft used by Licensee's skydiving business uuless those services and other Airport related services are on the Airport. Licensor shall review Licensee's services annually and may require Licensee to enter into additional written operating agreements upon Licensors sole discretion including but not limited to a Commercial Operating Agreement, Fuel Concession Agreement or a Land Lease Concession Agreement. Licensee shall keep the Premises Hangar and PLA's clean and free ofdebris and other hazardous objects and material. Licensee guarantees to Licensor that they will permit damage or commit waste or damage to the Premises Hangar, building or Airport CommonAreas.
4

# ( Licensee shall not conduct or allow any connnercial activity ofany kind, including flight school training, skydiving, mechanical repairs, or schooling, to be conducted by Licensee orthe Licensees invitee (s), in, from or around the Premises Hangar (s). No maintenance on the Aircraft shall be performed in or on the Premises Hangar (s) without prior written approval ofLicensor, except such scheduled maintenance as described above and herein and as would normally be 

### performed by an aircraft owner without the assistance ofan aircraft mechanic orpersonnel. Licensee may allow maintenance to be 

### performed onhis or her Aircraft inthe Premises Hangar or Airport Development and building provided that such services are not offered onthe Airport Development by the Licensor or with the existing frxed base operator. Any and all personnel performing aircraft maintenance ofany kind who do not have Licensor's or MDOT's Connnercial Operating Agreement are not permitted in or onthe Airport Development whatsoever and shall pay Licensor all costs to remove them. Licensee shall take all steps to ensure that the performance ofany and all maintenance work shall not damage the Premises Hangar (s), Airport Development or other areas where Licensor's work is performed. Licensee shall control the conduct and demeanor ofits employees and invitee, and ofthose doing business with him/her in and around the Premises Hangar (s), and shall take all steps necessary to remove persons whom Licensor may, for good and sufficient cause, deem objectionable for privacy, safety, and security purposes. Licensor shall provide the Licensee with one (1) master key that shall provide access to the Premises Hangar (s) entrances. Licensee agrees to pay for a deposit ofFifty ($50.00) Dollars. Ifthe key is not returned when this Agreement is terminated, the Licensee will forfeit the deposit, to cover labor costs to and install a new cylinder. Ifthe key is returned, then Licensor shall refund the deposit. A deposit was received by:
. All keys and locks must remain underthe master key system established by Licensor for safety and security purposes. 

### 7. LICENSEE'S MAINTENANCE. During the Term ofthis Agreement, Licensee, at Licensee's sole cost and expense, shall routinely keep and maintain in the same condition and repair as onthe Connnencement Date, the Premises Hangar and Building and every part thereof, including all fixtures, leasehold improvements, interior nonstructural walls, floors, ceiling, windows, bi-fold door cables, latches, motors, man doors, all electrical facilities and equipment, including lighting fixtures, lamps, fans, and electrical motors, all other appliances and equipment ofevery kind and nature and all other non-structural repairs, replacements and restorations to the Premises Hangar. Should Licensee cause any damage to the Premises Hangar or Airport Development, Licensee shall repair the damage at Licensee's sole cost and expense. In

### no event shall Licensee or any ofits subcontractors, invitees or employees be allowed onthe roof whatsoever. Licensor shall only be responsible for the catastrophic or gross negligent failure ofthe hifold door or walls. Licensor shall replace the two (2) entry way man doors. In 

### addition, Licensee shall routinely care for and maintain the PLA's including but not limited to the safety ofthe PLA's land and ground, grass and weed cutting, fill any and all holes, maintain and repair safe landing land grades, remove any and all unsafe debris and objects on a daily routine basis and insure a safe PLA's according to all Airport, local, state, MDOT and federal rules and regulations and laws.



### 5Licensee agrees not bringupon or store inthe Airport Developmentpetroleum products, explosives, firearms, volatile or flammable chemicals or any other property which would create a potential fire hazard, destruction or security breach to the Airport Development. The storage ofaviation gasoline is limited to that stored inthe Aircraft fuel tanks at all times and is limited to five (5) gallons outside the Aircraft in non-combustible containers. The storage orhousing ofmotor vehicle fuel is strictly prohibited. Licensee shall be responsible ofproperly disposing ofall fuel from sumps, engine(s), engine oil waste and lubricants. Disposal ofall waste products uponthe ground is specifically prohibited and will be deemed a default in accordance with this paragraph. Licensee and 

### Mr. Mike Pelzerpersonally agrees to indemnify and hold Licensor harmless for all costs incurred in any and all cleanups resulting from a spill ofwaste products, fuel or oil ofany kind in Licensee's control. 

### 8. INSURANCE AND INDEMNIFICATION. Licensee agrees to obtain and maintain at all times and surviving this Agreement during and for any and all litigation that may arise during the Term, a building and real estate insurance policy, for the benefit and coverage ofLicensee and Licensor, insuring against any and all liability for damage and loss to Licensee's Aircraft, personal property, Premises Hangar, real estate and liability for any and all personal injury and death and providing insurance protection to Licensor. This policy shall also insure against any and all casualty including personal injury and death, property damage and for 100% of replacement cost ofthe Premises Hangar, Building and comprehensive general public liability insurance. Licensee shall provide Licensor, upon any and all renewals and changes, certificates evidencing the existence ofthe policy. ( The liability and property coverage under the policy shall name Licensor and Licensor's mortgagee as an additional insured, and will provide comprehensive general public liability insurance coverage against claims for or arising out ofbodily injury, death orproperty damage, occurring in, on or about the Premises Hangar, Building and Airport Development. The policy shall have a combined bodily injury or death ofa single person not less 

### than One Million Dollars ($1,000,000.00) per occurrence, and with respect to any one occurrence ofproperty damage (including aircraft damage) ofnot less than One Million ($1,000,000.00) Dollars and thereafter in such reasonably appropriate increased amounts as may be determined by Licensor; provided, however, that the amount ofcoverage will not be increased more frequently than at one ( 1) year intervals. 

### 9. INDENMIFICATION AND HOLD HARMELESS Licensee waives any and all claims or actions that may arise against The State of Michigan, The Michigan Department of Transportation and it's Commissions, Licensor and it's owners, directors, managers, employees, guests, agents and all family members as a result of any death, injuries, loss, theft or damage to any of Licensees Aircraft or personal items including and without limitation, personal, bodily or mental injury, economic loss or any damage to Licensees spouse, children or guests resulting from any action or non action, negligence or disregard ofMDOT or Licensor. Ifthere is any claim of any kind by Licensee or it's invitees, based on but not limited to any injury, loss, theft or damage that involves Licensee, or any person or personal item that is part ofLicensee's, or related to the Airport Development, Licensee agrees to defend MDOT and Licensor against any and all such claims and Licensee shall pay MDOT and Licensor for all expenses relating to such claims and ( indemnify and hold MDOT and Licensor hannless for all obligations resulting from all such claims.

6

# ( In addition, Licensee agrees that in any unfortunate event that Licensee incurs any and all injury including but not limited to injuries that result in death and or is physically, emotionally or mentally disabled while utilizing the Airport Development, Licensee shall indemnify and hold Licensor harmless release Licensor from any and all liability, not bring legal action against Licensor, it's owners, directors, family members, managers, heirs, employees or contractors as a result of any death, any and all injury, disability, illness of any kind or nature that occurs, and Licensee and all of it's invitees shall employ council satisfactory to Licensor, or at Licensor option, Licensor may retain it's own council at the expense ofLicensee or Licensees invitees, to prosecute, defend, and negotiate any and all claims, actions or causes of actions and Licensor shall have the right to compromise or settle any such claims, actions or causes ofactions without admitting actnalliability and without Licensee or Licensees invitees consent. Licensee shall pay any and all indebtedness arising under said indemnity and hold Licensor harmless to immediately upon demand by Licensor together with interest thereon, at the Remedy Rate, from the date such indebtedness arises until paid. Licensee and invitees duty to indemnify and hold Licensor harmless shall survive the termination or expiration ofthis Agreement. In 

### the eventthat Licensee does bring action against any ofthe parties mentioned herein, it will be a breach ofthis Agreement giving the MDOT, it's departments and Licensor a right to seek and obtain any necessary reliefor remedy including ajudgmentfor money damages against Licensee including any and all costs related to the reliefor damages sought. The Licensee hereby gives and grants to MDOT and Licensor a lien upon all fixtures, chattels and personal property ofevery kind and description now or hereafter to be placed, installed or stored by Licensee, atthe Airport Development; and agrees that in the event ofany failure on the part ofthe Licensee to comply with each and every one ofthe covenants and obligations hereof, or inthe event ofany default continuing for sixty days of any specified rent, Airport Development may take possession ofand sell the same in any mauner provided by law and may credit the netproceeds upon any indebtedness due or damage sustained by Airport Development, without prejudice to further claims thereafter that arise under the tenns hereof. This indemnification shall survive three years after the termination ofthis Agreement. 

### 10. WAIVER OF SUBROGATION. Licensee and Pegasus Parachuting Service, Incorporated personally, collectively Licensee, shall cause each insurance policy carried by Licensee and insuring the Premises Hangar and Building and its fixtures and contents ofLicensees property, fixtures and contents against loss by fire and causes covered by extended coverage, to be written in a marmer so as to provide that Licensee and its insurance carrier waives all right ofrecovery by way ofsubrogation against Licensor and its insurance carrier and policies whatsoever. 

### 11. ACTS OF OTHER LICENSEES. Licensor shall not be responsible or liable to Licensee for any loss or damage that may be occasioned by or through the acts or omissions ofpersons occupying the Premises Hangar or any part ofthe Building for any loss or damage resulting to Licensee or his property from the following but not limited to: interruption ofelectrical service or the bursting, stoppage or leaking ofwater, electric and gas failures or from any other cause whatsoever including acts ofGod and nature. Licensor agrees to use its best efforts to require all licensees to comply with the Rules and Regulations as required in the existing agreements atthe Premises Hangar, Building and Airport Development.

7

### 12. SUBORDINATION AND ATTORNMENT. Licensor shall be entitled to subject and subordinate this Agreement, at all times, to the lien ofany mortgage or mortgages now or hereafter placed upon the Airport Development, provided that, ifand when any such mortgage is placed, the mortgagee shall agree, for itselfand for every subsequent holder or owner ofthe mortgage and for any receiver orpurchaser ofthe Airport Development, that in the event offoreclosure, Licensee's quiet possession ofthe Premises Hangar will not 

### be disturbed on account ofsaid mortgage orby reason ofanything done there under, so long as Licensee pays the Rent 

### and keeps the other covenants on its part to be performed. Licensee shall at any time upon the request ofLicensor, execute and deliver in recordable form and in substance satisfactory to Licensor, an estopped certificate certifying: the date Licensee accepted occupancy ofthe Premises Hangar; the date to which Rent has been paid; the amount ofany Security Deposit; that this Agreement is in full force and effect and has not been modified or amended (or if modified or amended, describing the written mutually agreed upon terms) and, to the best ofLicensee's knowledge and beliefand without due diligence and investigation, that there are no defenses or offsets thereto or defaults ofLicensor under this Agreement (or ifany be claimed, describing the same); and such other matters as Licensor may reasonably request. Licensee's failure to deliver such certificate within thirty (30) days ofthe demand therefore shall be a default ofthis Agreement. 

### 13. ASSIGNMENT/SUBLETTING. Licensee shall never assign, transfer in any manner, hypothecate, mortgage, sublet or furnish to any other person, corporation or another entity the Premises Hangar or any right or privilege whatsoever in or on the Airport Development without the prior written consent ofLicensor. A violation ofthis provision shall immediately terminate this Agreement and the Licensor shall have immediate possession ofthe Premises Hangar. The acceptance ofrent from an assignee, sub-licensee or occupant shall not constitute a release ofLicensee from the obligations and covenants in this Agreement. 

### 14. CONDEMNATION. If

### part oforthe entire Airport Development is taken by any public authority under the power of eminent domain, then this Agreement shall terminate on the date possession ofthe Premises Hangar is delivered to suchpublic authority. Base Rent shall be paid to that date and prorated accordingly. Any and all amounts awarded to Licensor for damages are Licensors. Licensee has no claims or actions against or for Licensors condemnation award that is allocable to the Premises Hangar. Notwithstanding the foregoing, Licensee shall have the right to make a claim against the condemning authority for the reasonable value ofLicensee's trade fixtures, furniture, personal property, interruption or dislocation ofbusiness, loss ofgood will and for moving and remodeling expenses. 

### 15. DEFAULT AND REMEDIES. Any ofthe following occurrences, but not limited to these herein, shall constitute additional Events of Default: A. Licensee fails to pay any installment ofRent by the first day ofeach month. B. Licensee declares insolvency; bankruptcy or Licensor declares an Event ofDefault as 8

# ( permitted in this Agreement. C. Licensee violates or fails to comply with or is in default inthe performance ofany other provision ofthis Agreement for a period often (1 0) days after written notice from Licensor ofsuch violation, noncompliance, or default. D. Licensee fails to repair, maintain or replace any item as requested by Licensor within ten (10) days. E. Licensee assigns or sublets any part or all ofthe Premises Hangar or stores an alternate aircraft or other vehicles. F. Licensee violates this Agreement, the Rules and Regulations, Macomb County, MDOT or FAA laws or rules. In 

### an Event ofDefault, and notwithstanding Licensor may have other remedies under the Agreement, law or in equity, Licensor may give Licensee written notice (the "Termination Notice") ofthe intention to end the Term of this Agreement, specifYing a day ("Termination Date"). The Termination Notice shall specifY that the Agreement and Term shall expire and terminate with the same force and effect as if the Termination Date were the expiration date of the Agreement and all rights of Licensee shall terminate. Licensor and Licensee mutually agree that Licensor is entitled to, without demand or further notice, re-enter and possess the Premises Hangar, by sununary proceedings, ejectment or as otherwise permitted by law, and remove Licensee and persons and property from the Premises Hangar and have, hold and enjoy the Premises Hangar with the right to receive all rent and other income. Licensor, at its option, may either terminate this Agreement by giving the Termination Notice described above or, without terminating this Agreement, re-let the Premises Hangar or any part thereof on such terms and conditions as Licensor deems advisable in its sole discretion. The proceeds of such re-letting shall be applied: (a) First, to 

### the payment ofany indebtedness ofLicensee to Licensor other than Minimum Annual 

### Rent; (b) Second, to the payment of any reasonable costs of such re-letting including the cost ofany reasonable alterations and repairs to the Premises Hangar, brokerage fees and expenses, advertising expenses, inspection fees and attorneys fees; (c) Third, to the payment of Minimum Annual Rent due and unpaid hereunder; (d) Fourth, to any damages, costs and expenses incurred by Licensor as a result of Licensee's breach; and (e) The residue, if any, shall be held by Licensor and applied in payment offuture Rent as the same may become due and payable hereunder. Should the proceeds of such re-letting during any month be less than the monthly installments of Minimum Annual Rent required hereunder, then Licensee shall during such month pay such deficiency to Licensor upon demand. Except as otherwise provided by law, Licensor shall have no liability or responsibility in any way whatsoever for its failure to re-let the Premises Hangar or, in the event of re-letting, for failure to collect the Rent under such re-letting. Except as otherwise provided by law, Licensors failure to re-let the Premises Hangar or any part thereof shall not release or affect Licensees liability for rent or damages. One or more waiver by Licensor of any term or condition hereunder or default by Licensee hereunder shall not be construed as a waiver of such term or condition or default in the future or any subsequent default for the same cause. Any consent or approval given by Licensor requiring such consent or approval shall not constitute consent or approval to any subsequent similar act by Licensee.



### 9

# ( In the event Licensor elects to terminate this Agreement, Licensor shall have the right to accelerate 

### all ofthe Rent (to the extent determined) due hereunder for the balance ofthe Term. Licensee shall pay to Licensor upon demand, as liquidated damages, the deficiency between the amount of said accelerated Rent and the proceeds ofre-letting for what would have otherwise constituted the balance ofthe Term. In computing liquidated damages Licensor shall add any expenses incurred in connection with obtaining possession of and re-letting the Premises Hangar including but not limited to attorneys fees, brokerage fees and expenses, advertising expenses, reasonable alterations and repairs to the Premises Hangar. 

### 16. SECURITY DEPOSIT. Upon execution ofthis Agreement, Licensee shall deliver to Licensor the sum ofNine Hundred and fifty and 00/100 cents ($950.00) Dollars, which represents the first month rent and a security deposit of ($000.00) as consideration for the faithful performance by Licensee ofall ofthe terms and conditions ofthis Agreement. In the event Licensee defaults in any ofthe terms and conditions ofthis Agreement, Licensor shall have the right (but not the obligation) to apply any part ofthe security deposit to cure any such default, including damages or deficiency in the re-letting ofthe Premises Hangar. In the event Licensor so applies the security deposit Licensee shall upon demand innnediately deposit with Licensor an amount sufficient to fund the security deposit inthe amount required hereunder. IfLicensee does not deposit the requested money equal to the original security deposit amount Zero ($000.00), then Licensee shall be in default ofthis Agreement. In the event Licensee dully complies with all the terms and conditions ofthis Agreement, the security deposit, orbalance thereof, possession ofthe Premises Hangar to Licensor. Licensor shall not be obligated to keep the security deposit as a separate fund but may commingle such with Licensors funds provided Licensor maintains separate accounting records for such deposit. 

### 17. NOTICES. Ifintlle Agreement a provision is made for any kind ofnotice could be necessary, including the monthly rent coupons, it shall be deemed sufficient notice and service thereofifsuch notice to Licensee is inwriting addressed to Licensee at Attn. Pegasus Parachuting Service, Incorporated at PO Box 667 Grosse Ile, Michigan 4813 8 and deposited in the mail sent by regular first class mail, with postage prepaid. Notice need be sent to only one Licensee or where Licensee is more 

### than one person. 

### 18. LICENSOR'S EASEMENTS. Licensor shall have easements for, existing pipes and wire conduits on, in, under, over and through the Premises Hangar for the benefit ofLicensor and/or other licensees .in the Premises Hangar Building. Licensor may enter the Premises Hangar for the purpose ofreplacing such items, provided that, except inthe event ofan emergency, Licensor shall enter the Premises Hangar for suchpurposes only (a) upon reasonable written notice to Licensee, (b) 

### at such times as may be approved by Licensee, and (c) in svch a manner as to cause the minimum disruption to Licensee's employees and personal activities on tjJ.e Airport Development. Notwithstanding the above Licensor may not diminish Licensees floor area or affect Licensees use ofthe Premises Hangar.

10

## ( 19. TRIAL BY

### JURY. Licensor and Licensee hereby mutually waive trial byjury in any action; proceeding or counterclaim brought by either ofthem against the other on any matters whatsoever arising from Licensee's use or occupancy ofthe Premises Hangar and Airport Development, or any claim ofinjury, death or damage ofany kind whatsoever. 

### 20. HOLDING OVER. In the event ofLicensee holding over after the expiration ofthis Agreement, thereafter the Term shall only be from month to month inthe absence ofa written agreement signed mutually by Licensor and Licensee to the contrary. In 

### such event, the monthly installment ofthe Annual Rent shall be Two Hundred (200%) percent ofthe last monthly rent installment ofthe Agreement and all other terms and conditions ofthis Agreement, including Additional Rent, shall be applicable to the month to month Term. 

### 21. SIGNS. Licensee shall not erect or install any exterior or interior Premises Hangar or Building signs, awnings, lights, designs, flags, satellites, wires or equipment whatsoever without providing Licensor with design and plans ofthe signage and the written approval from Licensor. Licensee shall secure all local building and sign permits. 

### 22. SUCCESSORS AND ASSIGNS. The covenants, conditions and agreements made and entered into by Licensor and Licensee hereto are declared binding ontheir respective heirs, successors, successors in interest, representatives and asstgns. 

### 23. FORCE MAJEURE. In the event that Licensor shall 

### be delayed or hindered in orprevented from the performance ofany act required hereunder by reason ofstrikes, redevelopment ofthe airport, lock-outs, labor troubles, inabilityto procure materials, failure ofpower, snow storms, rain, hail, fire, flood, accident, Act of God, restrictive governmental laws or regulations, riots, insurrection, war or other reason or cause ofa like nature beyond the control ofLicensor, then Licensee agrees to release, indemnifY and hold Licensor harmless from and against all liabilities costs and damages ofany kind as already expressed herein and Licensor shall not be liable for this failure to perform this Agreement or performing work or doing acts required under the terms ofthis Agreement. This does not include the performance and obligation to pay all rents and additional rents as owed by Licensee to the State ofMichigan or Licensor. 

### 24. ENVIROMENTAL PROTECTION. Licensee shall, at its sole expense, be in full compliance with all laws, ordinances, rules and regulations enacted for the protection ofthe environment as they pertain to activities on the Airport Development as well as any offsite obligations associated therewith. Licensee shall not spill,
11

## ( introduce, discharge orbury any toxic chemical, gas, aviation fuel ofany kind, oils ofany nature, substance or contaminant ofany kind in, on or under the Airport Development or any portion thereof, or permit the discharge thereofinto the sanitary or storm sewer or water system serving the Airport Development in which the Premises Hangar Building may be located, or into any municipal or other governmental water system or storm and/or sanitary sewer system, without first obtaining the written license, permit or other approval ofall governmental agencies having jurisdictionthere over, and in any event Licensee shall employ all appropriate safeguards and procedures required by law or otherwise necessary or appropriate to protect such systems from contamination. Licensee, at its sole cost and expense, shall be fully responsible for obtaining and complying with all necessary environmental permits, licenses and other authorizations related in any way to it's activities onthe Airport Development. All storage ofoil and polluting materials by the Licensee shall be in and all other applicable environmental laws, ordinances, rules and regulations. Licensee shall verbally notify Licensor ofany violation ofthe provision ofthis section as soon as possible but no later than twentyfour (24) hours after Licensee discovers such violation. Licensee shall provide written notification of any violation to Licensor within seventy-two (72) hours. Licensee shall inunediately undertake, at its expense, any necessary and!or appropriate cleanup process in connection with any breach ofthe foregoing covenant, and without limiting Licensee's other indemnity or insurance obligations under this Agreement, Licensee shall personally defend, indemnify and hold Licensor harmless from and against 

### all liability, whether direct, indirect, consequential or otheryse, including all costs and attorney fees, arising from any incident or occurrence caused by**Li~ensee,** 

### its employees, agents, contractors, guests or invitees on or about the Premises Hangar orthe Airport Development in which the Premises Hangar Building and land may be located pertaining to**an~cenvironmental** 

### or toxic condition. 

### 25. CLEAN INDOOR AIR POLICY. The Airport Development is non-smoking, regulated under the Michigan Clean Indoor Air Act (1986 PA 198 as amended by 1988 P.A. 294,296, and 315). Smoking will 

### be prohibited inside any and all 

### buildings, and Hangars. Smoking shall be prohibited in or on any State ofMichigan or Licensor property orbuilding. 

### 26. FIRE PREVENTION. Licensee shall, at its own expense, install and maintain fire extinguishers together with any other fire protection, prevention or warning devices, (other than the sprinkler systems or similar capital improvements except ifrequired by reason orLicensees particular use ofthe Premises Hangar). Licensee is responsible and liable for the proper maintenance and function and any damage caused due to the malfunction ofthe fire prevention and protection devices. 

### 27. WIND. Licensee shall not open the Premises Hangar Bi-fold door ifwinds are exceeding Twenty-Five (25 m.p.h.) miles per hour. Licensee is responsible to verify and call 1-800-WXBRIEF flight service (SSS) to prevent any damage to the Premises Hangar doors, Building, Aircraft and people. Licensee is responsible for any and all damage caused to the Premises Hangar Doors, Bi-fold door, or rolling doors and shall reimburse Licensor for any and all repairs necessary due to any damage to the Premises Hangar and Building.
12

# c 28. TERMINATION COVENANT. In the event that Licensee fails to comply with the conditions as listed in this Agreement, or the conditions listed in the Minimum Standards and Requirements for Commercial Aeronautical Activities at the Romeo State Airport, Airport Management and orManager will notify Licensee in writing of such violations. IfLicensee fails to correct the violations within the time specified, the Airport Management and or Manager may take any action deemed advisable by the State ofMichigan-Office ofAeronautics, to include revocation ofthe Commercial Operating License. 

### 29. ENTIRE AGREEMENT; MODIFICATION; SEVERABILITY. This Agreement contains the entire agreement between the Licensor and Licensee and no representation, inducements, promises or agreements, oral or otherwise, entered into prior to the execution ofthis Agreement, will alter the covenants, agreements and undertakings herein set forth. This Agreement shall not be modified in any marmer except by an instrument in writing executed mutually byboth Licensor and Licensee. Ifany term orprovision ofthis Agreement orthe application thereof, to any person or circumstance shall, to any extent, be invalid orunenforceable for the remainder ofthis Agreement, orthe application ofsuchterm orprovision to persons or circumstances otherthan those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision ofthis Agreement shall be valid and be enforced to the fullest extent permitted by law.


### WITNESSED BY:

WITNESSED BY: LICENSOR: Romeo Airport Management, L.L.C. (A Michigan Limited Liability Corporation) By:
_____________________ ___ Print Name:
__________ _ Date:
_____________ _


### LICENSEE: Pegasus Parachuting Service, Incorporated (A Michigan Corporation) By:
____________ ___ Print Name:
___________ _ Date:
_____________ __

131 2 3 4 

### TRANSCRIPTION OF AN AUDIO RECORDING OF 5 

### A TELEPHONE MESSAGE RECORDING 6 

### FROM STEVE MAZUR TO MIKE PELZER 7 8 9 

### 10 11 

### 12 13 

### 14 15 16 17 18 19 201 

### 21 

# zz 23 24 

### 25

1 2 

### MR. MAZUR: Mike, Steve Mazur. I just got confirmation from my agent and 3 the insurance company that we are all set. No 4 additional insurance is required but the rental and 5 the cost of doing business for that hanger is going 6 to go up $8,000.00 annually. 7 Please give me a 

### call to discuss further 8 and we are ready to go. 9 Thank you. 10 11

## z 12 13 

### 14 15 16 

### 17 

### 18 19 20 

### 21 22 23 24 

### 25

1 

### 2 STATE OF MICHIGAN ) CERTIFICATE3 ) 

### 4 COUNTY OF SAINT CLAIR) 5 

### 6 I, JILL L. SPITZER, HEREBY CERTIFY that I 7 transcribed this audio recording and that this is a 

### 8 full true, complete and correct transcription of 9 said audio recording. 10 11 

### 1Z JILL L. SPITZER, CER 5503 Notary -Publ-ic 13 

### Macomb County, Michigan My Commission Expires: 11/19/2021 14 15 16 17 

### 18 

### 19 20 21 

# zz 23 24 

### zs

# ( ragt: 1 01 .t.

Subject: Re: Romeo Airport From: mbdevelopment@comcast.net (mbdevelopment@comcast.net) To: mikeyp@prodigy.net; Cc: zapataj@michigan.gov; Date: Monday, June 29, 2015 7:28PM


### Hello Gentlemen, Attached are the Commercial Operating Agreement and Lease from the desk of Steve Mazur. Please review and speak with Mr. Mazur if you have any questions or comments. Thank you, -Michael S.- Romeo Airport Management, LLC. M&B Development 248-7 40-8700 mbdevelopment@comcast.net 

### From: "Mike Pelzer" <mikeyp@prodigy.net> To: mbdevelopment@comcast.net 

### Sent: Friday, June26, 201511:11:52AM 

### Subject: Romeo Airport Hi Steve, Here is my hit list

...
6/26/2015 

### I need a current copy of all documents

WORDING CHANGES orADDITIONS INTO THE AGREEMENT These have all been previously discussed.
My cost of fuel? $1.00 over wholesale deducted from the monthly rent. Permission for trailer in the hangar for secure storage ofequipment. Signs are needed to direct and protect the public Is the wording ofthe documents cleaned up? Length of agreement (at least six years) Replacement of 3 entry doors (timeline on completion?) 

### https://us-mg5.mail.yahoo.com/neo/launch?.partner=sbc&.rand=7ftdde8n66adk 

### &rtu,r I CJ 

### 11114/2015

# (**~ ~.t..Ltt.** 
Hangar Condition (the outside needs to be cleaned up) Move dumpster to east side of building Snow/Lawn care is Airport managemenfs responsibility.

When do we discuss the new Building possibilities?
Copy of your insurance policy and written proof of $8,000.00 increase specific to skydiving. You can email the documents to me at mikeyp@prodigy.net Business address is 1845 Ludgate Lane Rochester Hills, Ml 48309 (586) 484-9384 (517) 536-5252



### Attachments

• Pegasus Parachute and Mik:e Pelzer.doc (98.50KB) • RAM Commercial Operation Agreement.doc (145.00KB)

https://us-mg5.mai.Lyahoo.cornlneo/launch?.partner=sbc&.rand=7ftdde8n66adk \



### 11114/2015

# ( Years 1-5 Premises Hangar Rent $!,550.00N* PLA'S Rent Annual Base Rent $200.00 $2l,OOO.OON* IfLicensee fails to pay and deliver to Licensor any installment ofAnnual Base Rent within Ten (10) days after the first day ofevery month during the Term ofthe Agreement, Licensee shall pay (in addition to and at the time ofpaying such instalhnent) an additional rent charge inthe amount of**Seventy~five** Dollars and 00/100 f$75.00) per month. In addition, any and all such unpaid amounts shall bear interest at the rate ofFifteen Percent (15%) per annmn until paid. 5.1 ADDffiONALRENTPAYMENT. N* represents utilities, that Licensee shall pay directly to the utility providers, regarding any and all bills for electric, gas and heat, ifavailable, and any other utility consumed in and for the Premises Hangarupon conimencement ofthe Term (Nrepresents all utilities-gas, electric, heat and water if available). Licensee must make all arrangements that any and all utilities are in and registered in their business orpersonal name and shall turn on all utilities as needed to operate their utilities and shall continue to do so until the Tenn expiration in order not to damage the Premises Hangar and Building. Licensee shall maintain and warrant, at its expense, the proper function ofall meters measuring the consumption ofthe utilities within and used for the Premises Hangar. Licensee shall pay all utility amounts as billed by the utility companies without any deductions or set-offwhatsoever. 6. USES AND OCCUPANCY. Licensee agrees to use, maintain and occupy the Premises Hangar and PLA'S duringthe Term. Licensee is solely responsible for any security system and orpersonnel regarding the Premises Hangar including butnot limited to the security ofits Aircraft and personal items. Licensee shall insure that hisJher hangar door and all other entrances to the Premises Hangar are locked upon entering and leaving the Premises Hangar. Licensee shall guaranty that the Aircraft shall be stored inside the Premises Hangar at all times ifthe Aircraft is notbeing used for flying purposes. Licensee agrees to remain in compliance with Homeland Security, the State ofMichigan and Licensor's efforts to keep the Airport as safe under the present and ongoing concerns. Licensee agrees to safely store and secure all keys to the Premises Hangar and Aircraft offsite to prevent the likelihood ofthe Aircraft being stolen when it is not inuse. Licensee shall not do, permit or suffer any act orthing tobe done which is injurious to the Premises Hangar(s**)~** PLA's, Building or Airport Development, which is a nuisance, contrary to any law, ordinance, rule, regulation or order ofLicensor, MDOT or the F.A.A. Licensor shall have access to the Premises Hangar at all times to inspect for Fire Code violations, inspect cleanliness and orderly business. Licensee canprovide and bring onto the Airport aircraft maintenance personnel for scheduled maintenance on Aircraft used by Licensee's skydiving business unless those services and other Airport related services are onthe Airport. Licensor shall review Licensee's services annually and may require Licensee to enter into additional written operating agreements upon Licensors sole discretion including but not limited to a Commercial Operating Agreement, Fuel Concession Agreement or a Land Lease Concession Agreement. Licensee shall keep the Premises Hangar and PLA's clean and free ofdebris and other hazardous objects and material. Licensee guarantees to Licensor that they will pennit damage or commit waste or damage to the Premises Hangar, buildlng or 4

# (

( Subject: Fw: Agreements From: To: Cc: Bee: Date:

Steve, Mike Pelzer (mikeyp@prodigy.net) mbdevelopment@comcast.net; zapataj@michigan.gov; mikeyp@prodigy.net; Tuesday, June 30, 2015 6:37 PM

The Commercial Operating Agreement and Concession & License Agreement that I just received have not changed much from the version sent on 6/1/2015. The concerns I had back then are still in these documents (please see the forwarded email from 6/2/2015) and are still concerns. The only changes I can see are some spelling issues, the dates, and dollar amounts. Also nothing in my email from 6/26/2015 has been addressed. When will these items be taken care of? Mike Pelzer



### ----· Forwarded Message
----- From: Mike Pelzer <mikeyp@prodigy.net> To: "mbdevelopment@comcast.net" <mbdevelopment@comcast.net> Sent: Tuesday, June 2, 2015 5:10PM Subject: Agreements Steve, Please look over the highlighted areas. Concession Agreement Spelling on the name. Section 1. I am not sure why items are lined out? Section 2. Using the ramp for parking? See attachment. Section 6. Still says that we cannot have commercial activities in the hangar. Section 17. Incorrect address. Section 21. Signs, satellites, and wires. I still need something written in the agreement to permit this. I also need something written into the concession agreement about fuel prices as we had discussed earlier. ($1.00 more per gallon than airport costs or mutually agreed upon amount)

Commercial Operating Agreement
1. Apron is to be used for aircraft. 3. Does this statement mean snow shovels and rock salt or does it mean that I'm responsible for plowing the snow? For example, am I required to come out and clean snow in the middle of February when the business is closed? If so, why should it be different than in the past? 

### https://us-mg5.mail.yahoo.com/neo/launch?.partner=sbc&.rand=4be47fd6d72cu 

## Zmtg;] 12.. ll/15/2015

# (

·-....__**~** .l.l.L.U.

Subject: Romeo Paperwork From: To: Cc: Bee: Date:

Hi Steve, Mike Pelzer (mikeyp@prodigy.net) mbdevelopment@comcastnet; zapataj@michigan.gov; mikeyp@prodigy.net; Wednesday, July 1, 2015 2:29 PM ra.l:'V 1 U.l 1

After further review, these documents appear to be in the same condition they were when we had our meeting on Junfl 4th. The only new changes I see are the dates, the striping and parking situation ofthe ramp, and the amount I am paying for rent The spelling corrections and address change were made in my presence at that afternoon's meeting. There are still issues that haven't been addressed, (parking, fuel price, doors, etc.). These have been discussed and mentioned in numerous e-mails. There is aiso contradicting language between the Concession Agreement and the Commercial Agreement I would like to see these items addressed before sending this to my attorney for review. Mike Pelzer

/"' 

## k ><'iallh{ )3 https:/ /us-mg5.mail.yahoo.com/neo/launch?.partner=sbc&.rand=4be47fd6d72cu 11/15/2015**~ ~!HL** 
Subject: Re: Romeo Airport From: To: Cc: Bee: Date:

Hi Steve, Mike Pelzer (mikeyp@prodigy.net) mbdevelopment@comcast.net; zapataj@michigan.gov; mikeyp@prodigy.net; jlamonaca@avlaw.us; Thursday, July 9, 2015 6:39 PM

I'll take things right down the list: r a.t;c; 1 Vi 'T

The reason for 11/9/2020 is that I want five complete seasons and a normal season usually ends around November 1st. Also, looking ahead at the calendar for 2020, November 9th would give me a solid weekend to vacate the hangar and clean ifyou decide not to renew or operating out of Romeo is cost prohibitive. (You can refer back to the comments in the concession agreement seclion 3.) My biggest concern was the striping of the ramp area. In your revised contracl, this seems to be taken care of. M3 -Again, I want to make sure I am clear, are you saying I am responsible for coming out in the middle of February and clearing snow when not in operation? Ifwe are open for business, I will insure that the ramp area will be clean and suitable for pedestrian traffic. I feel the snow plowing portion should continue as it has in the past. M4 Check ( M5 Check
Concession and License Agreement #1 Check #3 Check #6 I want to verify the Commercial Agreement has priority over the Concession Agreement. #7 M6 I would like a timeline on the doors. M7 I'm okay with that, the biggest concern was the grass cutting portion. # 21 Signs- Two signs for the business, one on the North wall (West side) and one on the West wall near the entryway door. Is there criteria as to size, shape, etc.? I will submit a more detailed plan for parking and crowd control signs.
Do I still need written permission for phone, internet, and cable. When do we discuss building possibilities?

As we discussed in our very first meeting, we need to have something that works for both of us. In the last 3 consecutive years I have purchased at least 10,000 gallons of Jet-A per season and about 1,000 gallons of 100LL (May-Oclober). You have not provided me with what you would like to see. As of yesterday my least expensive price on Jet-A delivered was $2.03 and was 15 day net. I will need to calculate costs for a tank or truck. Romeo is showing $4.09 self serve. Barnstormers at Pontiac is currently charging $3.37 full service and they will "hot fuel" me, resulting in additional savings for aircraft maintenance. The aircraft descent profile would take me to Pontiac for the same dollar amount as it would to Romeo. I would spend a small amount for fuel on the return flight but would make up the savings in fuel price and AIC maintenance.
https://us-mg5.mail.yahoo.com/neo/launch?.partner=sbc&.rand=15uh7cdrrk48d 

### t;<H tJ!,r) 

## I

# 1 11115/2015

# ( .1 llllL

Romeo is $5.48, Ray Community is $4.58. At Ray they also have a fuel discount club which is $0.05 per gallon. Sending the aircraft away for fuel does not look professional on my part, your part, or MOOT's part so I'm hoping we can come to an agreement.
The last issue is the $8,000. This is where I feel we have the biggest gap. First, I have lost half of my season in advertising and revenue because of needless delays. I have been paying on a useless insurance policy for nearly a month, I have taken on expenses for equipment maintenance and replacement, I have put people's lives on hold for jobs, incurred administrative costs, and considerable other expenses. I understand the need for protecting yourself (I would do the same), but I am looking for a long term agreement and in turn will protect you, the state, myself, the sport, and everyone else involved to make this happen; as well as, being safe, efficient and profitable for all. I feel like this is where the gap starts and I am bearing the load. I jumped through hoops to get the coverage I obtained, which goes above and beyond what most drop zones across the country carry. Yetthat wasn't good enough. Your insurance agent, Mr. Calley, was requiring astronomical amounts in both premiums and coverage for a policy he has yet to produce and in the end all those requirements went away for an additional $8,000.00 per year. The explanation I'm given for the $8,000 is because of insurance costs, yet I still haven't seen any documentation to support those costs. Now, you tell me it is for parking areas and insurance. I am already paying 4 to 5 times more per acre than other commercial operators. So I am clear, you are asking for $2,000 for the additional parking area, correct? Ifthat is the case, I'll limit my business to the original parking area. In addition, in your e-mail below, you are asking for $6,000 for an insurance increase you may or may not receive in December or January. It doesn't seem reasonable to pay for a cost you have not incurred yet. By my calculations that is close to $3,000 out of my pocket in addition to all the lost revenue. Please review the information above and give me a call ifyou would like to discuss. Mike

From: "mbdevelopment@comcastnet" <mbdevelopment@comcast.net> To: Mike Pelzer <mikeyp@prodigy.net> Cc: "Zapata, Juan" <zapataj@michigan.gov> Sent: Tuesday, July 7, 2015 9:10PM Subject: Re: Romeo Airport 

### Mr. Mike Pelzer, In regards to your comments and requests in the Commercial Operation Agreement: The commencement date for both License and Commercial Agreement shall be described in Exhibit "D" (Commencement Date Confirmation) of Concession and License Agreement since they both shall be signed simultaneously. In addition, this simplifies the commencement date, makes it consistent with all other past agreements and we do not know when this actually will get signed. You stated 11-9-2020, why this date? M2
- This shall not be deleted since this refers to adequate aircraft parking and that you have secured enough land and both aircraft and automobile parking. Exhibit "F" will be "Airport Land for Parachute Landing and Parking Areas" M3
- I cannot change since it is already in another airport agreement specifying that the owner/tenant is responsible for snow/ice removal. Removal ofthis language would discriminate against other owner.
https:/ /us-mg5.mail.yahoo.com/neo/launch?.partner=sbc&.rand=15uh7cdrrk48d 11/15/2015

# c r111U _._ Q.l::)\,.- _._ V.l J

Subject: Re: Romeo Airport From: mbdevelopment@comcast.net (mbdevelopment@comcast.net) To: mikeyp@prodigy.net; Cc: zapataj@michigan.gov; Date: Tuesday, July 7, 2015 9:10PM


### Mr. Mike Pelzer, In regards to your comments and requests in the Commercial Operation Agreement: The commencement date for both License and Commercial Agreement shall be described in Exhibit "D" (Commencement Date Confirmation) of Concession and License Agreement since they both shall be signed simultaneously. In addition, this simplifies the commencement date, makes it consistent with all other past agreements and we do not know when this actually will get signed. You stated 11-9-2020, why this date? M2
- This shall not be deleted since this refers to adequate aircraft parking and that you have secured enough land and both aircraft and automobile parking. Exhibit "F" will be "Airport Land for Parachute Landing and Parking Areas" M3
- I cannot change since it is already in another airport agreement specifying that the owner/tenant is responsible for snow/ice removal. Removal of this language would discriminate against other owner. M4 -I agree. M5
- I agree that Airport Manager is responsible for lawn cutting.
In regards to your comments and request in the Concession and License Agreement: #1 Premises Hangar: Lined-out sentences portion has been removed. Exhibit "F" has been edited to include the following wording "AIRPORT LAND FOR PARACHUTE LANDING AND PARKING AREAS." The enclosed trailer used to store equipment for added security will be permitted and allowed but must be stored only in the Premises Hangar and not outside. You will have written permission for the use and storage of an enclosed trailer. #3 Term ofAgreement: Date has been modified/removed to be written in when signed. #6 Uses and Occupancy (page 

### 5): I cannot delete this language due to that fact it is in every other license agreement. You Commercial Operating Agreement does allow you to perform maintenance on your aircraft and allows for this commercial activity.

https://us-mg5.mail.yahoo.com/neo/1aunch?.partner=sbc&.rand=4be47fd6d72cu 11115/2015

# ( r lUll**.tae,~,;.,** "'-V.l J


### #7 Licensee's Maintenance: M6- Updated to "Licensor shall replace the three (3) entry way man doors." M7
- Updated to "In addition, Licensee shall routinely care for and maintain the PLA's including but not limited to the safety ofthe PLA's land and ground, fill any and all holes, maintain and repair safe PLA's land grades, remove any and all unsafe debris and objects on a daily routine basis and insure a safe PLA's according to all Airport, local, state, MOOT and federal rules and regulations and laws." #21 Signs: M8- You must submit plans for any building or parking signage to Licensor to enforce the Airport Rules and Regulations, prior and current agreements, and for the safety and security ofthe Airport. Exhibit "D": M9, M10- Dates to be updated and written in upon signing. Regarding the fuel situation, currently and in the past no one has received a fuel discount though I did discuss with you the possibility of a fuel discount. I need to know the quantities offuel you will be purchasing in order to justify any 

### and all fuel discounts. $1.00 over wholesale at my current price would be getting fuel for free. Regarding the rent increase, this is due to the extra land your leasing for parking needs and that my insurance upon signing these agreements will go up in excess of $6,000 per year due to the nature ofyour business. My insurance premiums will increase in December 2015 or January 2016. In regards to clean up the hangar, we will pickup the pieces of crumbled block but will not make any repairs to Premises Hangar block. You may move the dumpster to east side of building and upon commencement will be responsible for the monthly dumpster rental fee. Please review and call me if you have any questions or concerns. Thank you, Steve Mazur Romeo Airport Management, LLC. 248-7 40-8700 mbdevelopment@comcast.net From: 

### "Mike Pelzer" <mikeyp@prodigy.net> To: 

### mbdevelopment@comcast.net Cc: "Zapata Juan (MOOT)" <zapataj@michigan.gov> Sent: 

### Friday, July 3, 2015 8:33:43 AM Subject: 

### Romeo Airport Steve, Please review the attached documents. I still would like something in writing in regards to the fuel situation. $1.00 over wholesale to be deducted from the monthly rent. I also need to know what the $8,000.00 increase. is specifically for. The other two items I have are smaller ones. Cleaning up the outside ofthe hangar and moving the dumpster to the east side


### https://us-mg5.mail.yahoo.com/neo/launch?.partner=sbc&.rand=4be47fd6d72cu 11/15/2015

# ( ru1u

of the building. I would also like a timeline on completing the paperwork, door replacement, moving in, and getting started. I don't feel that these items or any ofthe changes or requests I'm asking for in the agreements are unreasonable. Thank you. Mike Pelzer (586) 484-9384


### Attachments

• Pegasus Parachute and Mike Pelzer.doc (3.10MB) • RAM Commercial Operation Agreement.doc (143.50KB)

https://us-mg5.mail.yahoo.corn/neo!launch?.partner=sbc&.rand=4be47fd6d72cu 11/15/2015

# ( _._**a.e.~** 1 U.1 11

Subject: Re: Romeo Airport From: mbdevelopment@comcast.net (mbdevelopment@comcast.net) To: mikeyp@prodigy.net; Cc: zapataj@michigan.gov; Date: Tuesday, July 21,2015 5:13PM


### Dear Mr. Pelzer, I cannot add your last request anywhere in any ofthe agreements and my attorney will not add this into the agreements. Ifthis is your final change in request and you accept this response, then we can proceed to draft the final agreements for signature. Sincerely, Steve Mazur Romeo Airport Management, LLC. 248-740-8700 mbdevelopment@comcast.net From: "Mike Pelzer" <mikeyp@prodigy.net> To: mbdevelopment@comcast.net Cc: "Zapata Juan (MOOT)" <zapataj@michigan.gov> Sent: Monday, July 20, 2015 5:09:27 PM Subject: Re: Romeo Airport Hi Steve, Most of this looks good. I would like you to add this somewhere into the agreement... 

### This Agreement is being entered into between Romeo Airport Management, LL.C., and Pegasus Parachuting Service, Incorporated, without prejudice to any 14 CFR Part 16 Airport Assurance matters raised by Pegasus Parachuting Service and/or Mike Pelzer. Thank You! Mike

From: "mbdevelopment@comcast.net" <mbdevelopment@comcast.net> To: mikeyp@prodigy.net Cc: "Zapata, Juan" <zapataj@michigan.gov> Sent: Monday, July 20,2015 2:37PM Subject: Re: Romeo Airport
https://us-mg5.mail.yahoo.com/neo/launch?.partner=sbc&.rand=1 citkupjcul2i 11/15/2015Ynnt Page I of 10

Subject: Re: Romeo Airport From: Mike Pelzer (mikeyp@prodigy.net) To: mbdevelopment@comcast.net; Cc: zapataj@michigan.gov; Bee: jlamonaca@avlaw.us; mikeyp@prodigy.net; Date: Monday, July 20, 2015 5:09PM



### Hi Steve, Most ofthis looks good. I would like you to add this somewhere into the agreement.. 

### This Agreement is being entered into between Romeo Airport Management, LLC., and Pegasus Parachuting Service, Incorporated, without prejudice to any 14 CFR Part 16 Airport Assurance matters raised by Pegasus Parachuting Service and/or Mike Pelzer. Thank You! Mike

From: "mbdevelopment@comcast.net" <mbdevelopment@comcast.net> To: rnikeyp@prodigy.net Cc: "Zapata, Juan" <zapataj@michigan.gov> Sent: Monday, July 20, 2015 2:37PM Subject: Re: Romeo Airport 

### Dear Mr. Pelzer, Steve Mazur responses are in

httpsJ/us-mgS.maiLyahoo.com/neo/launch?.partner=sbc&.rand=1 citkupjcu12i 11115/2015rtull

From: "mbdevelopment@comcast.net" <mbdevelopment@comcast.net> To: Mike Pelzer <mikeyp@prodigy.net> Cc: "Zapata, Juan" <zapataj@michigan.gov> Sent: Wednesday, July 15, 2015 6:35PM Subject: Re: Romeo Airport 

### Dear Mr. Pelzer,

Hi Steve, I'll take things right down the list: 

### Page 2 of 

### 10

The reason for 111912020 is that I want flve complete seasons and a normal season usually ends around November 1st. Also, looking ahead at the calendar for 2020, November 9th would give me a solid weekend to vacate the hangar and clean if you decide not to renew or operating out of Romeo is cost prohibitive. (You can refer back to the comments in the concession agreement section 3.)

My biggest concern was the striping ofthe ramp area. In your revised contract, this seems to be taken care of. M3 -Again, I want to make sure I am clear, are you saying I am responsible for coming out in the middle of February and clearing snow when not in operation? Ifwe are open for business, I will insure that the ramp area will be clean and suttable for pedestrian traffic. I feel the snow plowing portion should continue as it has in the past.

M4 Check M5 Check



### https://us-rng5.mail.yahoo .corn!neo/launch?.partner=sbc&.rand=1 citkupjcu12i 11115/2015Print Page 3 oflO

Concession and License Agreement #1 Check #3 Check #6 I want to verify the Commercial Agreement has priortty over the Concession Agreement.

#7 M6 I would like a timeline on the doors. M7 I'm okay with that, the biggest concern was the grass cutting portion.

# 21 Signs- Two signs for the business, one on the North wall (West side) and one on the West wall near the entryway door. Is there criteria as to size, shape, etc.? I will submit a more detailed plan for parking and crowd control signs.

Do I still need written permission for phone, internet, and cable.

https://us-mg5.mail. yahoo.cornlneo!launch?.partner=sbc&.rand=

### 1 citkupjcu12i 11/15/2015Ynnt 

### Page4 of 10

When do we discuss building possibilities?

As we discussed in our very first meeting, we need to have something that works for both of us. In the last 3 consecutive years I have purchased at least 10,000 gallons of Jet-A per season and about 1,000 gallons of 100LL (May-October). You have not provided me with what you would like to see. As of yesterday my least expensive price on Jet-A delivered was $2.03 and was 15 day net. I will need to calculate costs for a tank or truck. Romeo is showing $4.09 self serve. Barnstormers at Pontiac is currently charging $3.37 full service and they will "hot fuel" me, resulting in additional savings for aircraft maintenance. The aircraft descent profile would take me to Pontiac for the same dollar amount as itwould to Romeo. I would spend a small amount for fuel on the return flight but would make up the savings in fuel price and NC maintenance.

Romeo is $5.48, Ray Community is $4.58. At Ray they also have a fuel discount club which is $0.05 per gallon. Sending the aircraft away for fuel does not look professional on my part, your part, or MOOT's part so I'm hoping we can come to an agreement.

The last issue is the $8,000. This is where I feel we have the biggest gap. First, I have lost halfof my season in advertising and revenue because of needless delays. I have been paying on a useless insurance policy for nearly a month, I have taken on expenses for equipment maintenance and replacement, I have put people's lives on hold for jobs, incurred administrative costs, and considerable other expenses. I understand the need for protecting yourself (I would do the same), bull am looking for a long term agreement and in turn will protect you, the state, myself, the sport, and everyone else involved to make this happen; as well as, being safe, efficient and profitable for all. I feel like this is where the gap starts and I am bearing the load. Ijumped through hoops to get the coverage I obtained, which goes above and beyond what most drop zones across the country carry. Yet that wasn't good enough. Your insurance agent, Mr. Calley, was requiring astronomical amounts in both premiums and coverage for a policy he has yet to produce and in the end all those requirements went away for an additional $8,000.00 per year. The explanation I'm given for the $8,000 is because of insurance costs, yet I still haven't seen any documentation to support those costs. Now, you tell me it is for parking areas and insurance. I am already paying 4 to Slimes more per acre than other commercial operators. So I am clear, you are asking for $2,000 for the additional parking area, correct? Ifthat is the case, I'll limit my business to the original parking area. In addition, in your e-mail below, you are asking for $6,000 for an insurance increase you may or may not receive in December or January. It doesn't seem reasonable to pay for a cost you have not incurred yet. By my calculations that is close to $3,000 out of my pocket in addition to all the lost revenue.



### https://us-mg5.maiJ.yahoo.com/neo/launch?.partner=sbc&.rand=

### 1 citkupjcul2i I I/15/2015J..LHU.

Please review the information above and give me a call if you would like to discuss. Mike

From: "mbdevelopment@comcast.nef' <mbdevelopment@comcast.net> To: Mike Pelzer <mikeyp@prodigy.ne!> Cc: "Zapata, Juan" <zapataj@michigan.gov> Sent: Wednesday, July 15,2015 6:35PM Subject: Re: Romeo Airport 

### Dear Mr. Pelzer,

Hi Steve, I'll take things right down the list: 

### Page 

### 5 oflO

The reason for 11/9/2020 is that I want five complete seasons and a normal season usually ends around November 1st. Also, looking ahead at the calendar for 2020, November 9th would give me a solid weekend to vacate !he hangar and clean if you decide not to renew or operating out of Romeo is cost prohibitive. (You can refer back to the comments in the concession agreement section 3.)

My biggest concern was the striping ofthe ramp area. In your revised contract, this seems to be taken care of. M3 -Again, I want to make sure I am clear, are you saying I am responsible for coming out in the middle of February and clearing snow when not in operation? Ifwe are open for business, I will insure that the ramp area will be clean and suitable for pedestrian traffic. I feel the snow plowing portion should continue as it has in the past.



### https://us-mg5.mail.yahoo.com!neo/latmch?.partner=sbc&.rand=lcitkupjcul2i 

### ll/15/2015

# ( JOSEPH MICHAELLAMONACA Attorney at Law, P.C., Inc.
Reply to: 

## ,[Xi Media Office 

# n New Castle County**~** Airport Office



### Mr. Steve 

### Mazur Romeo Airport Management, LLC M&B Development 2146 Livernois Troy, Michigan 48083 

### Mr. 

### Juan Zepata Michigan Department ofTransportation Office ofAeronautics 2700 PortLansingRoad Lansing,**~>"..ichigan** 48096-2160 July 16, 2015 Telephone (610) 558-3376 N (j l 'f, 755 North Monroe St, Media, PA 19063 New Casde County Airport P.O. Box 10583 Wilmington, DE 19850-0583

t 

### *Joseph Michael Lamonaea Esquire Peggy Craven ParalegaUNotary OfCounsd **GregoryP. Lamonaea Esquire**'"McmberP.~~au** tAi.<lineT"""J"'r<l'ilo< ••M.o<nber Pcnnsyh=ia &:NowJ=qBar



### Re: Pegasus Parachuting Services. Incorporated- FAARule 16 Settlement Letter

Dear 

### Mr. Mazur and 

### Mr. Zepata, Please 

### be advised that my office was retained to represent Pegasus Parachuting Services, Incorporated, and Mr. Mike Pelzer' regarding 

### 14 CFR Part 

### 16 FAA Airport Sponsor Assurances violations by Romeo Airport, (hereinafterreferred to as the "airport"). As such, please accept this letter as 

### Mr. Pelzer's 14 CFR Part 16.21(a) GoodFaith Effort to Resolve the DisputedMatters'. Primarily, Mr.Pelzer, onbehalfofPegasusParachuting Services,Incorporated, asserts that Romeo Airport (D98) is in violation ofa minimum ofthe following FAA Grant Assurances:

1 Mr. Pelzer and Pegasus Parachuting Services are used 

### as one in the same in this Good Faith Settlement Letter.
2 This Good Faith Settlement Letter is without prejudice to any matter or damages that may

### be asserted by Pegasus Parachuting Services, Incorporated, and/or 

### Mr. Pelzer 

### in any Rule 

### 16 Complaint filed in this matter.

www.avlaw.us

### JOSEPH MICHAEL IAMONACA Attorney at Law, P.C., me.
1) Assurance 21

- 

### The airport 

### has made no effort to restrict the land adjacent to, or in the immediate vicinity of the airport, to activities and purposes compatible with normal airport operations, in that the airport 

### is allowing a farm field to exist at a substantially reduced rental structureperacre,andwithoutthe sameinsuranceconsiderations,asthat

### beingofferedtoMr.Pelzer. 2)Assurance22{a) 

### and Assurance 22(h) -Theairporthas offeredunreasonabletermstoMr. Pelzer, byrequiring 

### himto pay an unsubstantiated $8,000.00 per year surcharge for his use ofthe airport for an FAA approved aviation/aeronautical activity. Further, the airport has engaged in unreasonable and substantially delayed negotiations regarding unnecessary and unreasonable insurance requirements, which delays have cost Mr. Pelzer serious economic damages during his busiestseason. These economic damages toMr. Pelzer'sbusiness are estimated at$50,000.00 as of June 1,2015. Mr.Pelzerbegan

### fumphonediscussionswithSteveMazurregardinghis aeronautical activity use plans onMarch 6, 2015. These negotiations were unreasonably delayedby the airport withrequests for insurancecoveragethat

### was not

### industry standard and did notexist, issues about farmer'scompensationonthe airport,lackof returncalls, andotherdocumentedunreasonableissues raised bythe airport, which continuesto this day. 3) Assurance 24

- The airport fee and rental structure is unclear atbest for t..he facilities and ( · services at Romeo Airport. 4) Suchother Grant Assurances and violations as maybe deemed violated bythe airport. 5) Such other Grant Assurance violations as may be deemed to have been violated and/or disregarded bythe airport. As such, ina GoodFaitheffortto settlethismatterwithoutintervention oftheUnited States Department ofTransportation and/or the Federal AviationAdministration, Mr. Pelzeris 

### willing to settle this matter for the following: 1. Rent at $950.00 per month with the agreement to pay an additional $200.00 per month for designatedparachute landing and parking areas. 2. $8000.00 surchargeperyear to beremovedbythe airport. 3. Length ofagreement betweenthe airport and Mr. Pelzer to be 

### 5 years and 4 months. 4.Firstmonthsrentfree inconsiderationforMr. Pelzeragreeingnotto seekrelatedeconomic damages. This provision is optional, and Mr. Pelzer is willing to discuss this in Good Faith. 5. Mr. Pelzerwill agree notto pursue a 14 CFRPart 16 action related to the above matters, andnotto seek additional economic damages.

# ( JOSEPH MICHAEL LAMONACA Attorney at Law, P.C., Inc.



### Mr. Pelzerwantsmetoconveythathetrulywantsagoodrelationshipwiththeairport,

### airport management,andMichiganDepartmentofTransportation, Officeof Aeronautics,and

### inthatregards has made a "GoodFaith Effort" above, toresolve this matter. If the matter cannot beresolved 

### in a timely fashion, I would insist on an interim agreement being executed immediately between the airport andMr. Pelzer, to mitigate further damages duringsettlementnegotiations and/or the Rule 

### 16 Complaint process, which 

### we truly hope will notbe necessary.



### cc: 

### Mr. Mike Pelzer File 

### Very Truly 

### Yours,

Joseph Michael Lamonacat'nnt**rag~:** 1 01 l"'t

Subject: Re: Romeo Airport From: Mike Pelzer (mikeyp@prodigy.net) To: mbdevelopment@comcast.net; Date: Wednesday, July 29, 2015 3:13PM

Hi Steve, Please include a diagram ofall the areas I am being charged for 

### with your Agreements. Thank: you! Mike Pelzer
Sent from Yahoo Mail on Android 

### From:"mbdevelopment@comcast.net" <mbdevelopment@comcast.net> Date:Wed, Jul29, 2015 at 3:02PM Subject:Re: Romeo Airport Dear Mr. Pelzer, Thank you for meeting with me at Romeo State Airport on Tuesday 7/28/2015. Bill and I revealed to you yesterday the following per square foot prices that we charge to all aviators that either rent a hangar or lease land for aviation purposes. The comparable per square foot price for the community hangar, which includes the same price that Dan's Excavating paid per square foot, is $3.08 per square foot. The land lease per square foot price for aviation purposes, which includes the same price that Chris Peyerk is currently paying, is $0.3036 per square foot. Based on your requirements as of 7/28/2015 for hangar, ramp, and parking land needs are the following per square foot measurements and prices: Ramp Size: 16,750 square feet Parking Size: 21,000 square feet Total Land Size: (37, 750) x ($0.3036) 

# =$11,460.90/12 

# = $955.07 per month Hangar Size: (7,500 square feet) x ($3.08 per square foot)= $23,100/12 

### = $1925.00 per month
I will be emailing you a blank land lease based on the same terms as recently negotiated and mutually signed by MOOT, Romeo Airport Management, LLC, and ESB1, LLC.

https://us-mg5.mail.yahoo.com/neo/launch?.partner=sbc&.rand=1 citkupjcu12i f.,..M,et;Y 

# It 11115/2015

### ( r1un rage L 01 l't


### Thank you for your consideration and if you have any further requests or changes, please do not hesitate to contact me or Mr. Juan Zapata. Sincerely, Steve Mazur Romeo Airport Management, LLC. M&B Development 248-740-8700 mbdevelopment@comcast.net 

### From: "Mike Pelzer" <mikeyp@prodigy.net> 

### To: mbdevelopment@comcast.net 

### Sent: Monday, July 27, 2015 3:48:43 PM 

### Subject: Re: Romeo Airport Mr. Mazur, I will see you at 5pm tomorrow. Mike
Sent from Yahoo Mail on And;oid From:"mbdevelopment@comcast.net" <mbdevelopment@comcast.net> Date:Mon, Jul 27, 2015 at 2:29 PM Subject:Re: Romeo Airport Dear Mr. Pelzer, I am available to meet tomorrow (Tuesday) or Wednesday at 5:00pm at Romeo State Airport. Please let me know which day is convenient with your schedule. My cell phone number is 248-730-1 060. Thank you, Steve Mazur Romeo Airport Management M&B Development 248-740-8700 mbdevelopment@comcast.net 

### From: "Mike Pelzer" <mikeyp@prodigy.net> 

### To: mbdevelopment@comcast.net 

### Sent: Thursday, July 23, 2015 4:31:19 PM 

### Subject: Re: Romeo Airport

https://us-mg5.mail.yahoo.com/neo/launch?.partner=sbc&.rand=Icitkupjcu12i 11/15/2015

# ( j_ j__ll.lL

Subject: Re: Romeo Airport From: mbdevelopment@comcast.net (mbdevelopment@comcast.net) To: mikeyp@prodigy.net; Cc: zapataj@michigan.gov; Date: Monday, July 27, 2015 2:29 PM

Dear Mr. Pelzer, I am available to meet tomorrow (Tuesday) or Wednesday at 5:00pm at Romeo State Airport. Please let me know which day is convenient with your schedule. My cell phone number is 248-730-1060. Thank you, Steve Mazur Romeo Airport Management M&B Development 248-7 40-8700 mbdevelopment@comcast.net 

### From: "Mike Pelzer" <mikeyp@prodigy.net> 

### To: mbdevelopment@comcast.net Sent: Thursday, July 23, 2015 4:31:19 PM Subject: Re: Romeo Airport
Hi Steve, I will be out there in the morning tomorrow with an 8:30 scheduled departure and a 3:30 return. I will also be there on Saturday morning with a 1:30 departure and 3:30 return. If you can make it tomorrow, Juan said that he may be able to make it. He also said that you may have some availability on Sunday, if so please let me know. If none of that works, I can be there at 5:00pm on Tuesday or Wednesday. Let me know which one works for you? Mike

From: "mbdevelopment@comcast.net" <mbdevelopment@comcast.net> To: Mike Pelzer<mikeyp@prodigy.net> Cc: "Zapata, Juan" <zapataj@michigan.gov> Sent: Thursday, July 23, 2015 3:26 PM Subject: Re: Romeo Airport

https://us-mg5.mail.yahoo.com/neo/launch?.partner=sbc&.rand=1citkupjcu12i 11/15/2015

# ( rU . .lU

Subject: RE: Romeo Airport From: To: Date:

Mike, Zapata, Juan (MDOT) (ZapataJ@michigan.gov) mikeyp@prodigy.net; Friday, July 24, 2015 7:54AM rugc .1 u.1 .tu

Dan's Excavating were paying $900 per month for 7500 sq ft atRomeo's community hangarjustbefore they left for Pontiac. MB Development was trying to raise the rent fee to $1,693.75 starting in June of2014, Juan.

From: Mike Pelzer [mailto:mikeyp@prodigy.net] Sent: Thursday, July 23, 2015 4:36PM To: Zapata, Juan (MDOT) Subject: Fw: Romeo Airport



### Juan,

Ijust sent this offto Steve.

Mike

-----Forwarded Message

----- From: Mike Pelzer <mikevp!alprodigy.net> To: "n1bdevelopmentf2Vcomcast.net" <mbdevelopmentCCllcomcast.net> Sent: Thursday, July 23, 2015 4:31 PM Subject: Re: Romeo Airport



### https://us-mg5 .mail.yahoo.com/neo/launch?.partner=sbc&.rand=4be47fd6d72cu 11/14/2015

# (**~ ~HiL** **~** ae,v""'**v~ ~v** 


### Hi Steve, I will be outthere inthe morning tomorrow with an 8:30 scheduled departure and a 3:30 return. I will also be there on Saturday morning with a 1:30 departure and 3:30 return. Ifyou can make it tomorrow, Juan said that he may be able to make it. He also said that you may have some availability on Sunday, 

### ifso please let me know. Ifnone ofthat works, I can be there at 5:OOpm on Tuesday or Wednesday. Let me know which one works for you? Mike

From: 11mbdevelopment@comcast.net" < mbdevelopment(@comcast.net> To: Mike Pelzer <mikeyp@prodigy.net> Cc: "Zapata, Juan" <zapatai@michigan.gov> Sent: Thursday, July 23, 2015 3:26PM Subject: Re: Romeo Airport 

### Dear Mr. Pelzer, In order to avoid future litigation and the feeling I am getting that this is the direction you are heading, I amrequesting a meeting with you at Romeo Airport for the following reasons: 1.) Properly remeasure the space you need inside the community hangar and establish a new persqua..re-foot rate in order to avoid any notion ofdiscriminate pricing. 2.) Properly remeasure the area you need for parking since it has changed three times in our negotiations in order to avoid any notion ofdiscriminate pricing. 3.) Discuss and fmalize you and your attorneys' intent regarding his most recent correspondence. Other 

### than your last email, I have agreed to all the other terms.

# ( r llHL**rug~;** 1 u1 11

Subject: Re: Romeo Airport From: mbdevelopment@comcast.net (mbdevelopment@comcast.net) To: mikeyp@prodigy.net; Cc: zapataj@michigan.gov; Date: Thursday, July 23, 2015 3:26 PM


### Dear Mr. Pelzer, In order to avoid future litigation and the feeling I am getting that this is the direction you are heading, I am requesting a meeting with you at Romeo Airport for the following reasons: 1.) Properly remeasure the space you need inside the community hangar and establish a new per-square-foot rate in order to avoid any notion of discriminate pricing. 2.) Properly remeasure the area you need for parking since it has changed three times in our negotiations in order to avoid any notion of discriminate pricing. 3.) Discuss and finalize you and your attorneys' intent regarding his most recent correspondence. Other than your last email, I have agreed to all the other terms. I can meet anytime next week. Please contact me at 248-730-1060 to confirm a date and time to meet. Sincerely, Steve Mazur Romeo Airport Management, LLC. M&B Development 248-740-8700 mbdevelopment@comcast.net From: 

### "Mike Pelzer" <mikeyp@prodigy.net> To: 

### mbdevelopment@comcast.net Cc: "Zapata Juan (Moon" <zapataj@michigan.gov> Sent: 

### Tuesday, July 21, 2015 5:27:28 PM Subject: 

### Re: Romeo Airport Steve, If you're unwilling to add the language, then I am requesting that the letter from Joseph Lamonaca along with all e-mail exchanges starting on July 3, 2015 between me and Romeo Airport Management/M&B Development be added as an Exhibit into the contract. Mike

https://us-mg5.mail.yahoo.com/neo/launch?.partner=sbc&.rand=lcitkupjcu12i 11/15/2015

# ( The Base Rent for the Term ofthis Agreement shall be: Years

1-5 Years

1-5 Premises Hangar Monthly Rent *$1925.00 per month Total Land Monthly Rent *689.43 Premises Hangar Annual Rent $23,100.00N* Total Land Annual Rent $8273.16 IfLicensee fails to pay and deliver to Licensor any installment ofAnnual Base Rent within Ten (1 0) days after the first day ofevery month duringthe Term ofthe Agreement, Licensee shall pay (in addition to and at the time ofpaying suchinstallment) an additional rent charge in the amount of Seventy-five Dollars and 00/100 ($75.00) permonth. In addition, any and all such unpaid amounts shall bear interest at the rate ofFifteen Percent (15%) per annum until paid. 

### 5.1 ADDITIONAL RENT PAYMENT. N* represents utilities, that Licensee shall pay directly to the utility providers, regarding any and all bills for electric, gas and heat, 

### ifavailable, and any other utility consumed in and for the Premises Hangar upon commencement ofthe Term (Nrepresents all utilities-gas, electric, heat and water if available). Licensee must make all arrangements that any and all utilities are in and registered in their business orpersonal name and shall 

### tum on all utilities as needed to operate their utilities and shall continue to do so until the Term expiration in order not to damage the Premises Hangar and Building. Licensee shall maintain and warrant, at its expense, the proper function ofall meters measuring the consumption ofthe utilities within and used for the Premises Hangar. Licensee shall pay all utility amounts as billed by the utility companies without any deductions or set-offwhatsoever. 

### 6. USES AND OCCUPANCY. Licensee agrees to use, maintain, and occupy the Premises Hangar, PRLA'S, and PLA'S during the Term. Licensee is solelyresponsible for any security system and orpersonnel regarding the Premises Hangar including but not limited to the security ofits Aircraft and personal items. Licensee shall insure that his/her hangar door and all other entrances to the Premises Hangar are locked upon entering and leaving the Premises Hangar. Licensee shall guaranty that the Aircraft shall be stored inside the Premises Hangar at all times ifthe Aircraft is not being used for flying purposes. Licensee agrees to remain in compliance with Homeland Security, the State ofMichigan and Licensor's efforts to keep the Airport as safe under 1i'le present and ongoing concerns. Licensee agrees to safely store and secure all keys to the Premises Hangar and Aircraft offsite to prevent the likelihood ofthe Aircraft being stolen when it is not in use. Licensee shall not do, permit or suffer any act or thing to be done which is injurious to the Premises Hangar(s), PRLA'S, PLA'S, Building orAirport Development, which is a nuisance, contrary to any law, ordinance, rule, regulation or order ofLicensor, MDOT or the F.A.A. Licensor shall have access to the Premises Hangar at all times to inspect for Fire Code violations, inspect cleanliness and orderly business. Licensee can provide and bring onto the Airport aircraft maintenance personnel for scheduled maintenance on Aircraft used by Licensee's skydiving business unless those services and other Airport related services are onthe Airport. Licensor shall review Licensee's services annually and may require Licensee to enter into additional written operating agreements upon Licensors sole discretion including but not limited to a Commercial Operating Agreement, Fuel Concession
4

# ( RICK SNYDER GOVERNOR



### Mr. Stephen Mazur STATE OFMICHIGAN DEPARTMENT OF TRANSPORTATION LANSING August 24, 2015

Romeo Airport Management, LLC 2146 Livernois Ave Troy, MI 48083 Dear Mr. Mazur: KIRK T. STEUDLE DIRECTOR

This office has not received a response to our letter dated August 11, 2015. We are now requesting a written response to be received by our office no later than August 31, 2015. Your response needs to address each ofthe alleged grant violations as stated in the complaint. Along with your response we need copies ofall leases, contracts and commercial operating agreements the airport has with all commercial operators based at the Romeo State Airport. I suggest, to expedite the handling ofthis complaint, all interested parties receive copies ofall pertinent future correspondence. Ifyou have any questions regarding this matter I can be reached at 517-335-9679 or by e-mail at zapataj@michigan.gov. Sincerely, /_...) 

### ·,**~.** 

### C-1**~-~**

' / 'l.

v.,_ I \**:'."~iJcr./'-1' "~~** **\..-~** _...-"\ I

### J~C. Zapata, Cdmpliance Officer MiChigan Department ofTransportation Office ofAeronautics

Cc: Joseph Lamonaca, Attorney at Law James Shell, Asst AG

LH-LAN-0 (01111) Paul Lo, FAA Great Lakes Region

Aeronautics Building- 2700 Port Lansing Road, Lansing, Michigan 48906 www.michigan.gov • {517)**335~9283**

# ( than 0.15 cents per gallon. Attached is yesterday's price quotes from two companies that I have used in the past. The current price on Airnav shows Romeo at $4.09 per gallon and Romeo's price on 100LL is 0.90 cents per gallon more than what Ray Community airport charges. Hopefully we can continue to move towards an agreement. In the meantime, I would agreement that is acceptable by all. Let me know if 

### you have any questions. Thank you. Mike Pelzer

From: ''Trout, Michael (MOOT)" <TroutM1@michigan.gov> To: "Zapata, Juan (MOOT)"**<£.§.R:ata~~n.cov>** Cc: 'steve Mazur' <mbdevelooment'ilicomcast.net>; Mike Pelzer <mikey.:Q_@pradigv,net>; "Shell, James (AG)" <She!1J2@-mlchlgan.gov> Sent: Tuesday, September 29, 2015 10:38 AM Subject Agreement for 098 

### Juan: The following issues were discussed on September 28, 2015 at 5:00 p.m. at the Romeo Airport terminal building between Mr. Pelzer, Mr. Mazur, and Mr. Trout. Also in attendance was Mr. Mazur (Sr.). In addition to the standard provisions of our agreements the commercial operating agreement for this sky diving operation will include: Business Name: What is the legal entity and who is the responsible party for the Operator. Lease Term: 5 years to begin upon execution. 

# I Rate: Year 1 - $1 ,800 mo./$21 ,600 yr. (2.88 s.f.) 

### I 

# I Year 2 - $1 ,862.50 mo./$22,350 yr. 

### (2.98 s.f.)

. Year 3 - $1 ,925 mo./$23,100 yr. (3.08 s.f.) Year 4- $1,987.50 mo./$23,850 yr. (3.18 s.f.) Year 5 - $2,050 mo./$24,600 yr. (3.28 s.f.) Parking: Included in rate however a designated area will be assigned by the Airport Utilities: Paid by Operator and shared among occupants of the community hangar

### rnm !'age 1 ot 2

Subject: Re: Agreement for 098 From: Trout, Michael (MOOT) (TroutM1@michigan.gov) To: ZapataJ@michigan.gov; mikeyp@prodigy.net; Cc: mbdevelopment@comcast.net; SheiiJ2@michigan.gov; Date: Wednesday, September 30, 20151:11 PM

Mr. Pelzer. Just so you are aware the FAAprocess wil only determine ifwe have violated a regulation, and will not address our negotiations. We can provide you with an agreement but it will be your decision on whether it works for you or not. We have the right to establish rates and charges and rules that suit us and are not obligated to match other airports, only to be consistent. Ifwe choose to charge higher fuel prices it may not make great business sense but it is our right. The FAA will not be involved inprice negotiations nor should they. Thanks. Mike Trout On: 30 September 2015 12:59, "Mike Pelzer" <mikeyp@prodigy.net> wrote: Mike, ( Thank you for your time on Monday to discuss the airport lease agreement. Although there has been some progress, I am still greatly concerned over the various price versions (including the latest one} I have received. When this process began last March, I was quoted a monthly rate of $950 and that amount has grown considerably since then and now. I feel the $8,000 surcharge from June is rolled into other areas. I would still like clarification on what the previous tenant paid, how much space he was paying for, and his reason for leaving. Other items you mentioned in yotlr email (business name, signage} have been discussed and agreed upon. I would still like to see more of a discount for fuel than 0.15 cents per gallon. Attached is yesterday's price quotes from two companies that I have used in the past. The current price on Airnav shows Romeo at $4.09 per gallon and Romeo's price on 1DOLL is 0.90 cents per gallon more than what Ray Community airport charges. Hopefully we can continue to move towards an agreement. In the meantime, I would like to see the FAA complaint process continue to move forward until we have an agreement that is acceptable by all. Let me know ifyou have any questions. Thank you. Mike Pelzer

https://us-mg5.mail.yahoo.com/neo/launch?.partne:r=sbc&.rand=1citkupjcu12i 

## fix HIJJJ'T 

# c2 I ll/15/2015

### ( Licensor given above or at such other place as Licensor may designate from time to time in writing. The Base Rent for the Term ofthis Agreement shall be: Years

I 2 

### 3 4 

### 5 Years

1-5 Premises Hangar Monthly Rent $1800.00 per month $1862.50 per month $1925.00 per month $1987.50 per month $2050.00 per month Total Land Monthly Rent *689.43 Premises Hangar Annual Rent $21,600.00 N* $22,250.00 N* $23,100.00 N* $23,850.00 N* $24,600.00 N* Total Land Annual Rent $8273.16 IfLicensee fails to pay and deliver to Licensor any installment ofAnnual Base Rent within Ten (10) days after the first day ofevery month during the Term ofthe Agreement, Licensee shall pay (in addition to and at the time ofpaying such installment) an additional rent charge inthe amount of Seventv-five Dollars and 00/100 ($75.00) per month. In addition, any and 

### all such unpaid amounts shall bear interest at the rate ofFifteen Percent (15%) per annum until paid. 

### 5.1 ADDITIONAL RENT PAYMENT. N* represents utilities, that Licensee shall pay directly to the utility providers, regarding any and all bills for electric, gas and heat, ifavailable, and any other utility consumed in and for the Premises Hangarupon commencement ofthe Term (N* represents all utilities-gas, electric, heat and water if available). Licensee must make all arrangements that any and 

### all utilities are in and registered intheir business orpersonal name and shall turn on all utilities as needed to operate their utilities and shall continue to do so until the Term expiration in order not to damage the Premises Hangar and Building. Licensee shall maintain and warrant, at its expense, the proper function ofall meters measuring the consumption ofthe utilities within and used for the Premises Hangar. Licensee shall pay all utility amounts as billed by the utility companies without any deductions or set-offwhatsoever. 

### 6. USES AND OCCUPANCY. Licensee agrees to use, maintain, and occupy the Premises Hangar, PRLA'S, and PLA'S during the Term. Licensee is solely responsible for any security system and orpersonnel regarding the Premises Hangar including butnot limited to the security ofits Aircraft and personal items. Licensee shall insure that his/her 

### hangar door and all other entrances to the Premises Hangar are locked upon entering and leaving the Premises Hangar. Licensee shall guaranty that the Aircraft shall be stored inside the Premises Hangar at all times ifthe Aircraft is not being used for flying purposes. Licensee agrees to remain in compliance with Homeland Security, the State ofMichigan and Licensor's efforts to keep the Airport as safe under the present and ongoing concerns. Licensee agrees to safely store and secure all keys to the Premises Hangar and Aircraft offsite to prevent the likelihood ofthe Aircraft being stolen when it is not inuse. Licensee shall not do, permit or suffer any act orthing to be done which is injurious to the Premises Hangar(s), PRLA'S, PLA'S, Building or Airport Development, which is a nuisance, contrary to any law, ordinance, rule, regulation or order ofLicensor, MDOT or the F.A.A. Licensor shall have access to the Premises Hangar at 

### all times to inspect for Fire Code violations, inspect cleanliness and orderly
4

## ( _l_.l.HU rage:: 1 u1 .c..

Subject: Romeo Airport Management, LLC
- Pelzer Lease From: mbdevelopment@comcast.net (mbdevelopment@comcast.net) To: mikeyp@prodigy.net; Cc: troutm1@michigan.gov; zapataj@michigan.gov; Date: Friday, October 16, 2015 3:32PM

Dear Mr. Pelzer, I am responding to Mr. Lamonaca and your request for Mr. Trout to enforce the terms ofour meeting. Since 2005, you have abided by your hangar license agreement with Romeo Airport Management and have been a good tenant. This year you have requested to not only lease an additional hangar, specifically 50% ofthe community hangar (7,500 square feet) to store your aircraft but to restart your parachute business. In order to do so you have verbally and repeatedly stated your business needs that include hangar space for 1-2 aircraft but also you will be using the hangar building for commercial operations incorporating and adding office space, classroom space, bathrooms and parachute preparation space. By doing so, you have changed the use ofthe existing hangar building for solely aircraft storage to a commercial office and educational building combiuing aircraft storage. As I have been telling you since the inception ofour negotiations regarding your proposal, when you requested inbuilding out orthe need for the office and classroom space, you changed the intended use ofthe hangar building. By doing so, you are required to not only abide by Romeo Airport Rules and Regulations, the Departments codes and laws but Ray Township building and fire codes and laws. At our meeting with Mr. Trout you never disclosed this critical term and your business requirements and needs, i.e. bathrooms and offices. As you full are aware, I have been asking from you and need your space plans and requirements. Ifyou are going to need, install, or change the use ofthe hangar, any additions other than your aircraft(s) will need to be first known and plans submitted for approval from Romeo Airport Management and the Department and secondly sent to Ray Township for approval and permitting. Lastly, as stated inyour 2005license agreement and the current agreement, when using any hangar at the airport for aircraft storage only, you mayparkyour vehicle either in front of the hangar door or inside the hangar but never shall you park a vehicle inthe grass areas ofthe airport. When you requested office and classroom needs you also requested customer parking needs in exc((ss of20 cars ormore at any one time. At our summer 2015 meeting with Mr. Juan Zapata, Mr. Bill Decker, and I, you requested that you wanted to use the western portion ofthe concrete ramp area in front ofthe hangar for parking. For safety purposes alone, we all agreed this was not safe and 5 or more cars at any one time on the ramp was not safe. In addition, the ramp area for parking this many cars was not the intended use ofthe ramp. Hence, this is why you requested the use ofthe land onthe north side ofthe hangar building. Though we were trying to accommodate your commercial lease needs, and can charge you for the land use, it is still unknown by boththe Department and Ray Township whether or not you canpark.vehicles on grass while occupying a building in Ray Township to operate a commercial business. Therefore, you must submit your space plan and/or architectural plans for approval and must provide the necessary building and land to satisfY the use according to your use ofthe airport to the Department, Romeo Airport Management, and Ray Township. Ifyou have any further questions, please do not hesitate to contact me via emaiL

https:/ /us-mg5.mail.yahoo.com/neo/launch?.partner=sbc&.rand=1 citkupjcu12i 11115/2015rnHL Sincerely, Steve Mazur Romeo Airport Management, LLC. M&B Development, Inc. 248-7 40-8700 mbdevelopment@comcast.net 

### Mtaehments

• Mike Pelzer Lease page 2.PDF (109.36KB)

https://us-mg5.mail.yahoo.com/neo/launch?.partner=sbc&.rand=1 citkupjcu12i 11/15/2015