UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION) 

WASHINGTON, DC 

Springfield Flight Academy 

Coo^lainant 

The City of Springfield 

Respondent 

Docket No. /If'/O'&t 

COMPLAINT 

PURSUANT TO 14 CFR. Part 16, Springfield Flight Academy, 

Complainant files the within Complaint and in support thereof 

avers: 

1. Complainant is Springfield Flight Academy, a corporation, 

located at 1251 West Blee Road, Springfield, Ohio, 45502, 

(Hereinafter referred to as "SFA"). 

2. Respondent is the City of Springfield, Ohio, a governmental 

authority located at 76 East High Street, Springfield, Ohio, 45502, 

(Hereinafter referred to as ^'The City") . 

3. Complainant SFA exercised due diligence to engage in 

substantial and reasonable good faith efforts to resolve this 

matter pursuant to 14 CFR Part 16.21, which efforts were 

vexatiously rejected and thwarted by the Respondent, (See Exhibit 

1 
4, Springfield Flight Academy's claims against the City of 

Springfield, Ohio, are primarily regarding its management of 

Springfield-Beckley Municipal Airport (KSGH) in contravention of 49 

U.S.C. §§ 47107(a) and 40103(e]. 

Claims 

5. That on March 11, 2008, SFA entered into a one year lease 

with the City. (See Exhibit ''B", attached hereto) . 

6. That a detailed time-line of events leading to the City's 

violation of 49 U.S.C. §§ 47107(a) and 40103(e), is attached 

hereto as Exhibit "C". 

7. That the facts set forth in the Exhibit "C" time-lime are 

fully incorporated herein as though set forth in this Complaint in 

full. 

8. That as a result of various discriminatory practices set 

forth in Exhibit "C" by the City against SFA, SFA requested the 

assistance of the Federal Aviation Administration and other 

authorities to remedy same, as detailed in Exhibit "C". 

9. In retribution for SFA seeking the help of the FAA and 

other Governmental Agencies, the City vexatiously refused to 

discuss, negotiate, or even entertain any dialog regarding SFA's 

reasonable and justified request for a lease extension of SFA's one 

year lease, which expired with the City on March 11, 2009. 
10. In retribution for SFA seeking the help of the FAA and 

other Governmental Agencies to remedy the City's discriminatory 

practices, the City punished SFA by continuing their tenancy at a 

Federally Funded Airport on only a month to month basis. 

11. The City now seeks to evict SFA, in furtherance of its 

discriminatory practices. 

12. That the City owns a fuel farm on the airport at KSGH, and 

in a discriminatory manner gave S-Jet exclusive rights to this 

public fueling facility, to the exclusion of all other Fixed Base 

Operators(FBOs) on the field. 

13. That the City refuses to allow all FBOs on the field equal 

access and rights to the City's fuel farm, and further gave S-Jet 

• the discriminatory power and authority to charge whatever price 

they want for fuel at the City's fuel farm to SFA and the other 

FBOs at the airport, thereby placing SFA in a position where it has 

to exercise self fueling rights to be competitive and stay in 

business. 

14. That the City, in a discriminatory fashion, is trying to 

enforce its minimum standards on SFA, but does not do the same with 

S-Jet on the field, as S-Jet does not provide two aviation services 

as is required, and does not have a 1000 gallon fuel truck as is 

required by the minimum standards. 

15. That the City discussed this exclusive use matter with SFA 

by way of a letter dated November 9, 2009, wherein the city 

rationalized it's grant of exclusive use of the fuel farm to S-Jet 

as "on a short term basis", which in fact was completely 

disingenuous and a fabrication. 
16. That the city allows S-Jet to act in an exclusive fashion 

as the only "FBO" fuel provider, when in fact S-Jet is not an FBO 

and does nothing but sell fuel. 

17. That under the City's minimum standards, SFA is required 

to construct two metered filter-equipped fuel storage tanks at 

prohibitive expense to SFA, (see City's Minimum Standards, paragraph 

959.12(d)(5), attached hereto as Exhibit "D"), while S-Jet has 

exclusive use of the City owned tanks with no expense at all, and 

without having to comply with the minimum standards. 

18. That SFA is in compliance with the literal interpretation 

of 959.12(d) (5) in that they have a Motor Fuel Dealer's License at 

their airport facility, and have an 1000 gallon fuel dispensing 

truck. (See Exhibit "D") 

19. That SFA is not allowed to access the City owned public 

fuel tanks. 

Legal Authority 

20. That from the period beginning approximately March 11, 

2008 through the current date, the City has violated the following 

provisions of Federal Law, Rules and Regulations. 

21. Federal Airport Assurance 22(a) relating to the City's 

failure to make KSGH available for reasonable terms and without 

unjust discrimination to SFA. 
22- That the City discriminated against SFA by providing 

exclusive use of the City owned public fuel tanks to only one 

operator at the airport. 

23. Federal Airport Assurance 22(d) relating to the City's 

failure to allow Springfield Flight Academy the right to service 

itself in light of the fact that SFA has a State of Ohio Motor Fuel 

Dealers License, allowing them to sell fuel at KSGH. (Attached 

hereto as Ex. "E") 

24. Federal Airport Assurance 22(h) relating to the City's 

unjust discrimination practices and conditions imposed upon 

Springfield Flight Academy, that were not • imposed on other 

operators at KSGH. 

25. That the City discriminated against Springfield Flight 

Academy by unreasonably, arbitrarily and capriciously enforcing its 

Rules and Regulations on SFA, but not on other similarly situated 

entities at KSGH. 

26. That the City discriminated against Springfield Flight 

Academy by unreasonably, arbitrarily and capriciously allowing 

S-Jet exclusive access to the City owned fuel farm, in complete 

contravention of compliance with 49 U.S.C. §§ 47107(a) and 

40103(e). 
Conclusion 

For the foregoing reasons it is alleged that the City of 

Springfield did unjustly discriminate against Springfield Flight 

Academy, causing them damages including unjust eviction litigation 

and the cessation of SFA operations at KSGH, and that this 

continuing course of discriminatory and penalizing practices 

against Springfield Flight Academy by the City to date requires the 

immediate intervention of the Department of Transportation to 

enjoin and thereafter remedy the discriminatory practices and 

subsequent attempted eviction. 

Respectfully Submitted 

)SEPH MICHAEL LAMONACA 

Attorney for Springfield Flight Academy 

P.O. Box 10583 

Wilmington, DE 19850-0583 

(610) 558-3376 Office 

(302) 221-2347 Fax 
A\7 i A/ EXHIBIT "'A 
JOSEPH MICHAEL LAMONACA 

Attorney ar Law, P.C., Inc. 

Reply to: 

Media OfScc 

•V) New Casdc Coumy 

Aiiport Offia 

Mr. Jerry Strozdas 

Office of the Law Director 

The City of Springfield 

76 East Hi ^ Street 

Springfield, Ohio 45502 

August 10,2010 

Telephone (610n58-3;}76 

fiix (302) 221-2347 

755 North Monroe St. 

Mcdiq.l'A 1^063 

New Cwrfe County Alrpon 

GO. Box 10383 

V/lbiiugton, DE 19850-0583 

t * Joacpb M^ctutal Lunon 

Esqvirt 

PeSK^rOaren 

Biuaie^UNobtry 

Ot'Giunset 

R^; Sprwgffl^M y^s^^t Ac«4^my ^?«'^ 

Unitod gtat«« Pepartment of Tranaportadon Rule 16 Diacrimimitinn rrni^jjigjl^ 

Dear Director Strozdas, 

Please be advised that I represent Springfield Flight Academy in aUnited St^es Department 

of Transportation Rule 16DibcrinunationactionagainsttfieCityof Springfield, related to activities 

at Springfield-Beckley Municipal Airport, (KSGH). 

Before filing the Complaint in this matter it is required by regulation, UCFRPart 1621,that 

we undertake to resolve this matter. As such, I would propose we teleconlerence the matter at your 

earliest conveniaice in the hope of resolving the matter amicably. 

Thank you tor your attention to this matter and I hope this letter finds you well. 

Very truly yours. 

cc: Mr. Aaron Coleman 

file 

Lainonaca 
JOSEPH MICHAEL LAMONACA 

Attorney ac Law, P.C., lac Telephone (610) 558-3376 

RB (302) 221-2347 

755 North Afonret St 

Media. PA 19063 

September 7,2010 

New Castle County Airport 

P.O. Box 10583 

"Wilmington, DE 19850-0533 

t*JOMpkMU:U*l 

Eupiitt 

htndigJtNetary 

OfCoBJOKl 

Esqian 

tl«*Ml»HHlH« 

p Media Office 

j ^ i New Casde County 

Aiiport Office 

Andrew J. Bxnkhloda, Esquire 

Deputy Law Director 

The City of Springfield 

76 East High Stteet 

Sioingfieki, Ohio 45502 

^ e - Spr^gff^M Wight Ap^amy 

Lease Revisions 

Dear Mr. Burkholder, 

Per our conversation regarding attenq;>ting to settle the DOT matter, below please find a 

Ust of proposed modifications to &e current terms in Springfield FU ^ Academy's Lease. 

1. Article I» Exhibit A: Eidubit A should be updated to illusbale Springfield Flight 

Academy's use of designated space on the airfield; 

2. Article I, Section B: Should include the designated ramp space available, 

specificaUy the tv(« dedowD locations cuttmtly associated with hd^intenance Hanger 

#1; 

3. Add Article I, Section D: In the event tiiat Maintenance Hangar #1 beooroes 

unusable or is scheduled tor removal during the term of the Lease, LESSOR will 

make accommodations for LESSEE to continue normal operations on the airport, in 

comparable &cilities to the current floor space and rent 

4. Article II, Section A: Add to the "conductii^ oriist the following: 'the seilf fueling 

of ainanft, fiiel sales to the public. Part 135 operations, aircraft mani^ment and 

contract operations, and airborne services including aerial |diotograplQr, banner tow, 

agricuUuial spn^ing, aerial survey, and airaaft sales." 

5. Article VI: Extend the Lease period to Five years (5), with two three^year options. 

6. Article XZ, Section A« Pamgraph F: Remove Lhc language "and disposal** as the 

City ah^ady provides for the actual disposal of trash, waste and Other refuse. 

,„„j -
JOSEPH MICHAEL LAMONACA 

Attorney at Law, EC, Inc. 

7. Article X: Lease price Structuring to remain the same. 

Finally, as we discussed, Springfield FU ^ Academy is awdting approval of aa FAA Part 

135 Cratificate. The Part 135 Operation wiU be called Mad River Air, LLC.. 

Thank you for your attention to this matter sid I hope this letter finds you well 

Very truly yours, 

Michael Latnonaca 

cc: Mr. Aaron Coleman 

file 
The City of 

Septerr^jerlS, 2010 

Joseph Michael Lamonaca, Esq. 

New Castle County Airport 

P.O. 80x10583 

Wilmington, DE 19850-0583 

RE: Springfield Flight Academy 

Dear Mr. Lamonaca. 

We received your letter of September 7.2010, providinsf a Sprlngfleld Flight 

Academy proposal wherein Springfield Flight Academy seeks a new lease with the 

City of Sprir>gfield at the Springfield-Beckley Munidpal Airport. As you know, 

Springfield Flig^ Academy's F^xuary 1,2008 lease agreement with the City of 

Springfield expired by its own terms as of March 1,20^ . Since the expiration of 

the February 1,2008 lease, Springfield Flight Academy has been a hold over 

tenant. 

Paragrai^ 4 of your S^iember 7,2010 proposal letter states that SprintiAiiyL...., ~ 

Right Academy wants a lease that wir aSow it to engage in fuel sates to me 

public." The proposal provides no information regaiding the concfitions under 

which Springfield Rigfit Academy would engage in fuel sales to the puUia" 

However, in the past, Springfield Rght Academy has requested that the City of 

Springfiekj change its minimum standards to allow an FBO to ^gage in fuel ssdes 

to the public cSrectiy from fueling trud<s which the FBO would use to bring fuel 

onto the airport and to not restrict fuel ssdes to the pubKc just to fuel piffnped 

through the City of Springfield's fuel storage tanks at the Springfield-Beckley 

Murtidpal Airport. The City of SpringfiekJ does not Intend to changes its minimum 

standards regarding the sale of fuel to the public at the SpringTiekl-Beckley 

Municipal Airport; according, the City of Springfieki mans^ement beReves that 

the parties continue to be at an Impasse on the fuel sales to the public' issue. 

On August 16,2010, Springfield Flight Academy received a notice from the City of 

Springfield informing it that its tenancy in Maintenanoe Hangar #1 at tiie 

SfMingfidd-BecMey Muniopal Airport \xaR been tenninated by the City of 

Springfield effective Si^ember 30,2010 and demanding that Springfield Flight 

Academy vacate Maintenance Hangar #1 and cease fixed base operator functions 

on or before 0<Ac4>er 1,2010: That notice oontinuee in eff ^ and Springfield 

Flight Academy is required io vacate Maintenance Hangar #1 and cease fixed 

base operator Hinctions on or before October 1,2010. 

•*a*ii»«<ir"-

• '1" -

76 East High Street • Springfield, Ohio 43502 • (937) 324-7351 • hx (937) 328-3919 • www.d.springfield.oh.us 
Thaik you for your attention. 

Sincerely, 

THE CITY<W\SPRINGFIELD, OHIO 

Andrew J. I^^okier 

Deputy Law Director 

AJB:sl 

cc Jim Bodenmiller 

Pat Richards 

MickLecocq 

MarkB«^dahl 

BobMauch 
rage i oi i 

Peggy 

Ffom: Joe Lamonaca [aviaw^prodlgy.net] 

Sent: Wednesday, September 15,2010 5:52 PM 

To: Peggy 

Subject: Fw: Springfield Flight Academy 

— Original Message — 

From: Joe Lamonaca 

To: Andy Burkholder 

Cc; Aaron Cdaman 

Sent: Wednesday, September 15,2010 5:49 PM 

Subject: Re: Springfield Flight Academy 

Dear Andy. 

I am Sony that the City of Springfield and youiself used this valuable Rule 16 l\Aandatory Settlement time 

for the sole purpose of a stall tactic regarding the Rule 16 filing, and looal local counsel filing. 

This vexacious stall tactic action wilt not be taken lightly. The City Failed in any way to engage in 

meaningful settlement under the Rules and I will certify same to the United States Department of 

Transpotation. 

Yours, 

Joe Lamonaca 

www.avlaw.u3 

CONFIDENTIALITY NOTICE 

UNAUTHORIZED INTERCEPTION IS PROHIBITED BY FEDERAL LAW [Electronic 

Communications Privacy Act of 1986,18 U.S.C. 2701(a) and 2702(a)J 

This message Is being sent by Joseph Michael Lamonaca, Attorney at Law, 

P.C.. a law firm. It is intended exclusively for the individuals and 

entities to which It is addressed. This communicafa'on, including any 

attachments, may contain infomiation that is proprietary, privileged, 

confidential, or otherwise legally exempt from disclosure. If you are not 

the named addressee, you are not authorized to read, print, retain, copy or 

disseminate this message or any part of It. If you have received this 

mess^e in emor, please notify the sender immedtat^ by email and delete 

alt copies of this message. 

— Original Message — 

From: Andv Burkholder 

To: ilamonacataavlaw.us 

Sent: Wiednesday, September 15,2010 4:04 PM 

Subject Springfield Flight Academy 

Dear Mr. Lamonaca, 

1 have attached a letter in response to yours of September 7,2010 regarding Springfield Flight 

Academy. We were unable to send the letter to you by FAX. A hard copy will follow. 

Thanks. 

Andy Burkholder 

10/5/2010 
rage 1 oiI 

Peggy 

From: Joe Lamonaca [avlaw@prodlgy.net] 

Sent: Thursday, September 23,2010 9:00 AM 

To: 'Andy Burkholder' 

Cc: springfleidfllghtacademyi^ahoo.com; Peggy 

Subject; RE: Springfield Flight Academy 

Dear Andy, 

I am with Chief NTSB Judge Fowler this week for a hearing in NY. At present 1 am moving as 

expeditiously as possible on the DOT Rule 16 Complaint, and advised Aaron to Immediately retain local 

counsel regarding the lease and this matter as well. I will advise you of the attorney's name and contact 

information. 

As I said in my previous e-mail, I truly wish you had told me when we first talked, or shortly thereafter, 

that Springfield was going to move to evict Aaron reuardless of our settlement negotiations. This was 

disingenuous on the part of the City and placed us in a very bad position. It is clear to me that the City 

had no desire to settle this matter, even on an interim basis, and I wish that was communicated to me, 

as I would have taken action sooner, and had Aaron retain local counsel sooner. The DeparUnent of 

Transportation requires we engage in good faith settlement negotiations. I am sorry the City refused to 

do so. 

Yours, 

Joe Lamonaca 

From: Andy Burl(holder [mailb>:aburl(holder@ci.springf1eld.oh.us] 

sent: Wednesday, September 22, 2010 5:00 PM 

To: Joe Lamonaca 

Cc Jim Bodenmiller; Pat Richards 

Subject: Re: Springfield night Academy 

Joe, 

I received your telephone message and I attempted to call your cell phone twice today and follow 

up on my Monday message to you advising that Springfield's termination of the Springfield 

Flight Academy tenancy wlU stand and indicating dial I would like Vo talk with you to further 

explain. 

I will attranpt to call your cell phone again tomorrow. 

Andy 

Original Message 

From: "Andy Burkholder" <aburkhoIder@ci.^ringfield.oh.us> 

To: "Joe Lamonaca" <avlaw@prodigy.net> 

Sent: Thursday, September 16,2010 3:32:23 PM 

Subject: Re: Springfield Flight Academy 

10/5/2010 
rage zotJ. 

Dear Joe, 

I have passed your suggestion on to our City Manager. The young lady who assists the City Manager 

with airport issues is out of her office this afternoon. We will respond to you as soon as possible. 

Yours, 

Andy Burkholder 

Original Message 

From: "Joe Lamonaca" <avlaw@prodigy Jiet> 

To: "Andy Burkholder" <aburidiolder@cLspringfield.oh.us> 

Cc: "Aaron Coleman" <springfieldflightacademy@yahoo.com>, "Peggy" <Peggy.Craven@prodigy.net> 

Sent: Thursday, September 16,2010 3:19:22 PM 

Subject: Springfield Flight Academy 

Dear Andy, 

I have reviewed your September 15,2010 letter in detail. Since the only "impass" set forth in the letter Is 

in regards to "sales of fuel to the public", would the City londly consider extending Springfiekj Flight Academy's 

Lease for one year, or month to month, without prejudice to either party, with the understanding that Springfieki 

Flight Academy will not sell fuel to the public. This Agreement would be pending the outcome of the DOT Rule 16 

Action, and/or State Acdon by local counsel 

Thanks you for your attentnn to this urgent issue. 

Yours, 

Joe Lamonaca 

www.avlaw.us 

CONFIDENTIALITY NOTICE 

UNAUTHORIZED INTERCEPTION IS PROHIBITED BY FEDERAL LAW [Electronic 

Communicatiorts Privacy Act of 1986,18 U.S.C. 2701(a) and 2702(a)] 

This nnessage is being sent by Joseph Mlchaet Lamonaca, Attorney at Law, 

P.C, a law Hmi. It is intended exclusively for the individuals and 

entities to whk:h It Is addressed. This communteat'on, including any 

attachnnents, may contain infbnnatkjn that is pitiprietary, privileged, 

confidential, or otherwise legally exempt from disclosure. If you are not 

the named addressee, you are not authorized to read, print retain, copy or 

disseminate this message or any part of it if you have received this 

message in emx, please notify the sender immediately by email and delete 

all copies of this message. 

10/5/2010 
X uacw i. \j± 1 

Peggy ^^_^^^^^^ 

From: Joe Lamonaca [avlaw@prodlgy.net] 

Sent: Thursday, September 16,2010 3:19 PM 

To: Andy Buricholder 

Cc: Aaron Coleman; Peggy 

Subject: Springfiekj Flight Academy 

Dear Andy, 

I have reviewed your September 15,2010 letter In detail. Since the only "impass* set forth in the letter is 

in regards to "sales of ftiel to the public", would the City kindly consider extending Springfield Flight 

Academy's Lease for one year, or month to month, without pre^udkje to either parly, with the 

understanding that Springfield Flight Academy will not sell fuel to the public. This Agreement would be 

pending the outcome of the DOT Rule 16 Action, and/or State Action by local counsel. 

Thanks you for your attentkjn to this urgent issue. 

Yours, 

Joe Lamonaca 

www.avlaw.u8 

CONFIDENTIALITY NOTICE 

UNAUTHORIZED INTERCEPTION IS PROHIBITED BY FEDERAL LAW [Electronic 

Communications Privacy Act of 1986,18 U.S.C. 2701(a) and 2702(a')] 

This message is being sent by Joseph Michael Lamonaca, Attorney at Law, 

P.C, a law firm. It is Intended exclusively for the individuals and 

entities to which it is addressed. This communication, including any 

attachments, may contain infomiation that Is proprietary, priviieged, 

confidential, or otheo^se legally exempt from disclosure. If you are not 

the named addressee, you are not authorized to read, print retain, copy or 

disseminate this message or any part of it If you have received this 

message in en-or, please notify the sender Imnnediately by email and delete 

all copies of this message. 

10/5/2010 
EXHIBIT WT^fr ^'B 
.0) 

a. 

o 

o 

c 

A N ORDINANCE NO. 02 SO 

3 ! 

0 Authorizing the City Manager to enter into a Genersd Fixec^Base Operator Lease 

3 . A^eement by and behween the City and Spnngiield Flight Academy, LLC, and 

declaring an emergency. 1. 3 

0) 

«Q ...oooOOOooo.. 

3-

Q) WHEREAS, the operation of the Springfield-Beckley Municipal Airport, induding 

^ those allied services essential to the public convenience, is a function of Iti e City of 

o Springfield, Ohio; and ^ 

<D 

ffl WHEREAS, the City has proposed that certain services to jthe public allied to the 

g operation of the Sfxinglield-Beckley Municipal purport be provided by private enterprise 

=} uider an appropriate lease from the City; and 

CD ' 

o . WHEREAS, the City has detennined that Ihe operation of iircrBft flight 

^ instruction and rental of aircraft related to providing flight instructipn at the 

g Springfield-Beckley Municipal Airport and hangar space rental at iho Springfiatd-

,..,. Beckley Municipal Airport is in the pidilic interest; and t 

O WHEREAS, SFtflngfiekl Flight Academy, LLC wishes to prdtvide to the public 

^ - aircraft flight instruction and rental of aircraft related to providing |ight instruction s i the 

5 ' Springfield-Beckley Municipai Airpcxrt; and < 

9L 

0) WHEREAS, aircraft flight instruction eoid rental of aircraft i^ated t o providing 

^ flight instruction are an essential adjunct to ftie operatton of the ^ngfield-Bedde y 

-.• Municipal Air|x ^ and these services can properiy t>e prtmieti through the grant of a 

^ lease under terms and conditions which will ensure that services ^vide d al the 

^ Springfield-BacKlay Municipal Airport meet standards appropriate^to the City's 

c responsit>iiity fOr public property and services; are provided at a reasonable cost to the 

® public and a return to Springfield Flight Academy, LLC, which willjancourage quality 

3 and continuity of service; and are provided in crmtptianca with the; Minimum Standards 

; o s ^ forth and defined In Ct«^7te^ 959 of the City's Codified Ordinances, as they may 

from time to tinne t)e amended; and j 
WHEREAS, it is necessary that this Ordinance become ef^iv e immediately in 

order to obtain tlie services of the Springfield Flight Academy, LLP, before the end of 

March, which V^9 Ccxnmission finds creates an emergency to pr^i^erve the public 

peace, properiy, health, safety and welfare necessitating the imrr^iate effectiveness 

of this Ordinance: NOW, THEREFORE: 

BE IT ORDAINED by the City Ck>mmission of The City of Sjpringfieid, Ohio, at 

least four of Its memtjers concurring: 

V. 

Section 1. That the City Manager is hereby authorized to |ntar into a General 

Fixed Base Operator Lease Agreement t>y and between the City and Springfield Flight 

Academy, LLC. | 

Sedjon 2. That said Agreement, a copy of wtiich is attached hereto, Is hereby 

approved. ; 

Seclton 3. That by reason of the emergency set forth and j^Jefined in the 

prramble hereto, this Ordinance shall ^ e efi^ect and t>a in force |nnmediately. 

PASSED this '' ^ day of illoJLCJLJ^ i .AD..2008. 

^V<<3^Jv^^a^ ^ . 

PRESIDEhTT OF THE CITY COHIMISSION 

CLERK OF THE CITY COMMI^ION 

(Hot Published) ^ 
GENERAL FIXED BASE OPERATOR LEASE^GREEMENT 

, "mis AGREEWOENT made and entered into dfecdve this 1st da | of February, 2008, hy 

and between THD CITY OF SFRINGFIELD, OHIO, a municipal cor^oradon wtiose mailing 

address is 76 East High Street, SpdngSeld, Ohio 45502 ^eroDafter refelred to as LESSOR) and 

SPRlNGFnU) FLIGHT ACADEMY, LLC, an Ohio limited liabilitjs^company whose 

mailiDg address is 1249 West Blee Road, Springfield, Ohio 45S02 (hete^iaAer reiened to as 

LESSEE): | 

WTTNESSETH, J 

•I 

WHEREAS, Uta operetdon of tiie Springfield-Beckley Municipal Airpittt, including those 

allied services essential to the public convenience, is a fimction of the LESSOR; and, 

4. 

WHEREAS, the LESSOR has proposed that oeitam services to tlie pubHc allied to the 

opetation of the Springfield-Beckley Municipal Airport be provided by j^at s enterprise under 

an appropriate lease tiom the LESSOR; and, { 

WHEREAS, the LESSOR has detennined that 1he provision of ahxuS. flight instruction 

and xcDtal of airaall related to providing flight instnicdon at Ihe Springf^ld-Beckley Municipal 

Aiiport and hangar space rental atfiae Spiingfield-Beckley Municipal Ac^rt is in the public 

interest; BDA, I 

WHEREAS, fli ^ instruction and aiicisA maintenanoe services «re an essent^ adjunct 

to die operation of the SjHingfield-Beckley Municipal Aiiport and these ser^ces can properly be 

provided through the grant of a lease under tcrma and conditions which t|nd to insure: 

'i 

1. Standards ^jpropriate to the LESSOR'S responsibility fo^public property 

and services; and, ? 

') 

2. A reasonable cost to the public and a return to the LESSEE which will 

encourage quality and continuily of service; and. \ 

"f 

3. Activities CTgaged in by the LESSEE meet the Miniinum^tandards set 

furdi and deSacd in Conduct of Cammercial Aaionautica|Actrvfties at the 

Springfield'Beckley Municipal Airport, found at Chapter v59 of 

LESSOR'S Codified Ordinances (hereinafter tibe "Mimmi^ Standards"). 

NOW,.THBREFORE: I, 

IN CONSIDERATION of the fbllowing mutual covenants and a^eements, die parties 

heoreto mutually agree as follows: C 
ARTICLE I 

In consideration of ihe rents, covenants and agreements herehia^ta: set forth, LESSOR 

does haeby demise and lease to LESSEE, and LESSEE does hereby tal^ a»d hire fiom LESSOR 

die fbllowing piemiaes located at Springfield-Beddey Municipal Airport and deleted on 

Exhibit A attached haeto and incorporated herein by lefirence: ;; 

\ 

A The at«a designated by ni\itualagreem«it of the LESSEE and tl^ Airport Manager for 

automobile and truck parking; t 

B. The area commonly known as the Maiotenaofie Hangar /< 1 at th^ Sjaingfield-Beckley 

Municipal Aiiport, conssting of a hangar consisting of approxiisately 4,800 square feet 

in total, and attached office area, storage room, lobby and lestrojjlm consisting of 

^approximately 1423 square feet (all such spacts heiehiaftea' called d » **Leased 

Premises"); :; 

C. The right to use in common wltti others the landing field, togeli^ widi aay extension 

hereof, runways, taxiwa^s, various ratqs, aiifldRf'llSjfilflJg, beacons, control tower, other 

' navigadonal and communications services, and all other related jairport fiKilfties. 

ARITCLE n I 

The lease hereby granted to LESSEE is for the express purpose iti LESSEE'S providing 

the services of a General Fixed Base Operator as defined in the MinimtQn Standards aoA 

services allied or inoidetntal thei«to, all as provided by this Lease Agreepient This grant of a 

lease, as set for in this Lease Agreeooient, is limitBd to die activities rea^nably necessary to 

conduct those services. Such activities include the foUowlng: ^ 

A. Tlte use of spaced lease by LESSOR to LESSEE for the conducting of fligjit instruction 

services and operations related thereto (including aircraft rental), the rental of aiKcaft 

bangar space and providiag oiT&aoic and power plant repair for Aircraft, and LESSEE 

shall have aiall times die full and free right of ingress to and eg^ s fsxsta the premises 

and facilities referred to herem for LESSEE, its employees, cus^ers, tenants, gueste 

and other invitees. Suob right shall also extend to persons or oi^^janizationA supplying 

materials or fiomshing services to LESSEE, to mclude vdbicles|maclunay arid 

equipment reasonably required by such persons or orgaomdonj^, 

B. Tbenon-exdusive right of crossmg and lecrossing the airport iii^ervationf<»: any 

purpose consistoit with the rights and privileges granted in ihis Lease Agreement; 

subject, however, to compliance by the LESSBE- with applicable dij, s^te tmd federal 

govemtnent regulations governing the movement of vehicles ai^ the operation of ainraft 

on the Springfield-Beddey Municipal Airport \ 

2. 
ARTICLE m ^ 

The LESSEE, agrees to provide the services specified in Article }f hereof on the Leased 

premises at its sole cost and expense a minimum of eight (8) hours per c&y, five (5) days per 

week, during the teem of diis I «Bs& f 

I 

"r 

Provided, however, that LESSEE may be excused fiom the min%um number of days 

per week daring wlwdi the s^vices described m Article V hereof are to be provided by LESSEE 

if weather conditions or odier dicumstances demonstrate no need for su$h services during die 

period of such excuse and if ^Foval is given by the LESSOR'S Aitporl Manager. 

• I 

ARTICLE IV i 

LESSEE agrees that flight insttuction functions will be peifoimeil un the leased 

jvemises by, and LESSEE agrees to employ, properly licensed flight instructors holding a valid 

Certified Flight bstructor colificate issued by the Federal Aviation Adr^inistr^on who will 

provide flight instruction services (in accordance with applicable la^^-s, rules and reguladctos). 

LESSEE agrees that airframe and power plant repah; services for aiicta^^will be peifonned on 

the leased premises by, and LESSEE agrees to employ, propedy certified person(s) holding 

valid aufeone certification or power plant certification, as applicable, is^jed by the Federal 

Aviation Administration for providing air&ame and power plant repair services for airaalt 

ARTICLE V \ 

At LESSEE'S txpeose, it shall engage in the provijiion of aircraii^fli^t instruction, 

rental of aircraft related to providing iSight inshuction, hangar space reni|l and aiffirame and 

power plant repair for aircraft at the Springfield-Beckley Municipal Aitp ^ 

VI 

ARTICLE VI ? 

v' 

This lease ahaU comtiuue in effect for a period of twelve months, fdiix tiie first mootb to 

commence on die date first above written and this lease to conclude at 1 ^59 pm en the last day 

of the subsequent twelfQi calendar month; unless this lease is termiaatedSiy LESSOR doe to 

LESSEE'S failure to perform its obligations under ifais Icaac, La which er\^t LESSOR may 

tetminate diis lease as provided for in Article XIV of this Agreement '• 

ARIICLB Vn t 

The LESSEE shall not sublet aKsas leased to it without having first obtaitifed the vmtten consent 

of L^SOR. All requests for coment shall foe made m writii^ by LESSI^ and stiall include a 

copy of die sublease LESSEE requests permission to eatsr into. Tbis liir^tation on subleasing 

shall not operate to restrict LESSEE fiom renting aircraft atotage space w^tiiin the subject 

hangar to members of the pubtic. ?: 

3. 
ARTICLE Vin f 

The LESSOR shall pay any and all real estate taxes or assessmeqis which may be levied 

(»rasseissed against the leased ptetnises. LESSEE will pay ail idilityoo^ofthe leased premises 

and provide its own maintenance, exoeptiiig major structural repairs, foi^e leased premises. 

LESSEE, upon written request to LESSOR and at its option, may renov|te, at its own cost, 

saibject to ^iprovai by the LESSOR'S Ahport Manager, the leased areas^for its own use 

contained within ihe leased premises. LESSEE, at its oxpcaase, will provide all mowing and 

snow removal on focilities leased to it. 

ARliCLE DC I 

Except as otherwise provided hetein, LESSOR agrees to mamta^ the exterior of 

jadliti'es and provide msgor, structural repairs if needed. The LESSOR is required to keep in 

good repair Ihe velncle perking areas, relays, nmways, aprons and t^lways and fixall 

maintain and operate all sew^e and wator fecilities. The LESSEE sha]| be responsible for my 

damage caused by its own ne^ect to the LESSOR'S property. i 

ARTICLE X 'f: 

A. LESSEE agnees to pay the following fees as rent to the LESSOlii) On the date first above written and tbereafier on or befoos die first day of each 

month during the LESSEE'S tenancy die LESSEE shall | ^ to LESSOR rent of 

Five Hundred Dollars ($500,00) in odvance for the mond» of tenancy. 

ii) On or before the fitst day of each calendar month the D^SEE shall pay to 

LESSOR fifty percent (50%) of the gross rent received l^ LESSEE during the 

preceding calendar mondi for reiual uf apace in the Leaaad Premises for aircraft 

storage, after LESSEE has recovered its costs to obtain ^ngarkeqias insurance 

coverage. ^ 

B. No charges, fees, taxes or tolls, otiier than those eoqiressly pcovfde'^ for heirein, shall be 

charged by LESSOR to LESSEE or any oflier persons for die p|vilege of entering or 

. leavhig die airport, or, within the limits of the airport, for the ptivllego of tiaosportiiig, 

loading, unloading or handling peisons, c^ o or property, in cqhnection with die 

LESSEE'S business. !j 

C. In the event that payment of rentals provided for is not paid whin due. then LESSEE 

agrees to pay as additional iBot five peroent (5%) of the amoun|due and agrees that 

interest at the annual rate of the Federal Reserve Discount Rate;, prevailing CHI the due 

date, plus four percent (4%) may be charged by the LESSOR, s ^ inteiest to be chaiged 

on a pro-rated daily basis. ^' 
ARTICLEXI t 

Section 1. ServipeFees i 

The LESSEE may make a reosonablo charge to users for such sei-vices, in accordance with 

a published list, vAdch list of charges shall first have be«a provided to the LESSOR'S Airport 

Manager, setting forth the chat^ges for such services. ,« 

Section 2. General Provisions 

A. The LESSEE shall provide fiill-time siipervision to insure open^on in a progressive and 

efiicient manner; provided that the LESSEE shall be excused ^om operation when 

prevented by casualty, labor difficulties, weather or other causel^. beyond the reasonable 

control of the LESSEE. 

B. The LESSEE shall provide at its own cost and expetse all equipment and all en^loyees 

necessary for the satisfiactoiy operation and mainfenance of its i^ervices described herein 

and reasonably necessary to carry out the provisions of this Agi^ement, and to render 

pion^ service to the patrons of tbe Springfield-Beckley Munii^pal Aitp<^ the public 

and other users of the service, { 

C. The LESSEE shall be reaponsible for die conduct of its agents, dfervants and employees 

and for the conduct of its patrons, invitees and visitors while oQ|tbe premises to be used 

hereunder and widiin the LESSEE'S reasonable control. ; 

D. Hie LESSEE shall display only such signs or advertising moter^s as will be m keeping 

with the general qjpeaiance of premises and the Springfield-Bsktey Municipal Aixipoit, 

which signs and advertising material!) Hrst shall have been approved by the LESSOR'S 

Airport Mmager as to the sizs, pl8ce,.manner of display, and si^ect matter. 

E. Sutigect to Article DC hereof, the L£SSEE at all dmes and at its bwn oost and ejqpense 

shall take good care of die premises to be used hereunder. The:)LESSEE shall have the 

right to make any improvements or alterations, on or to the lea£»^ premises, subject to 

die approval of the LESSOR'S Airport Manager widi respect to the design, quality, 

condition, or color arrangement, being in keeping widi the architecture and gmeial 

chfliacter of the adjacent premises and consistQit wtdi aiiport operations and plans. 

F. The LESSEE shall keep die premises clean, neat, and orderly al;;all times and s^iall 

provide a complete and proper arrangememt for flie sanitary hargiling and (Bsposal of all 

trash, gaibage, and other refuse on the grounds leased hereunder during the term of this 

lease and any renewal thereof. t 

G. The LESSEE shall comply, at its own cost and expense, with a^ federal, state, or local 

laws, ordinances, rules and regulations, now or hereafter in for^, which may be 

upplicabfeto the operation of its service at die Springfield-Beckley Munici]:«l Airport, 

5. I 
and shall obtain and pay for all licenses and permits necessaiy fi:ir the operation of such 

service, and shall pay ail fees and charges assesned under fedetat state or local laws or 

ordinances, insofer as they aie applicable. t 

H. Tbe LESSEE, except as otherwise provided in this Agreonent, ^tall protect, indemnify 

and save harmless the LESSOR, its authorized agents or representatives, fixim any 

damage or penalty vM<^ may be suffered, imposed, or incurred ||y reason of liie 

violation, disregard, or breach of any law, order or regulation; orby reason of any act, 

n^ect, or omission by the LESSEE, or by any agent or employojb of the LESSEE, or 1^ 

a visitor, patron, or other lawfiil occupant for the time being on tj^ premises, vdiile any 

such agoat, en^loyee; visitor, patron or otiier occupant shall be ^ the premises to be 

used baeunder and within the ILESSEE^S reasonable control T& LESSOR shall give to 

LESSEE prompt and timely notice of any claim made or a suit ii^tuted which m any 

way dSrectty or indirectty, contingody or othexwise, affocts or m;ighl affect LESSEE, 

and LESSEE shall have the right to cconpromise and de£ ^ the mac to the extent of hs 

own interest; provided, further, however, that the LESSOR shall ^operate iiilly with the 

LESSEE in the defense of arty such claim at suit The LESSOI^except as otherwise 

provided in this Agreement, shall protect, indenuiify, and save hornless the LESSEE, 

and the LESSEE shall not be liable fbr any ii^ury, damage, expe ^ or loss occasioned 

by tbe negligence of die LESSOR or its agent, representatives, victors, patrons, or other 

lawful occupants Which shall be on the premises to be used heiei^der and widun the 

LESSOR'S reasonable oontroL The LESSEE shall give to LES^R prompt and timely 

notice of any claim made or a suit instituted which in any way dinsctiy or indirectly, 

contingentty or otherwise, ajBfects or might affect LESSOR, and l^SO R shall have die 

right to cooqiruuiise and defisnd the same to the extent of its oivtucterest; provided. 

further, however, fimt.the LESSEE shall cooperate Mly witii die lESSOR hi ihe defome 

of any such claim or suit, ,^: 

L In die event that the premises to be used hopeunder are damaged or destroyed by fire or 

oth^ casualty or reacdeted unusable in whole or in part, or if the s»id premises become 

unavailable for use by the LESSEE in its business in v^l e or in part by any cause 

wiiatsoever, including ^propriation and diA exercise of die r^ t <>f eminent domain, 

odier dian the default of Ihe LESSEE under tbis Agreement, or if^e SpringfieldBeckley Municipal Airport shall substantially curtail or cease op^ations; then, and in 

any of such events, by agreement of the parties, foes and charges loeunder shall be 

suspended or abated according to die nature and exGont of the mjij^ suffered or the 

unavailability of said premises for use by die LESSEE in its business or said curtailment 

or cessation, as the case may be, until thejsaid premises shall be liestored to the same 

condition they were in, prior to such damage or destruction, or u^il the said premises 

shall again become available to die LESSEE for use in its business to the same extent as 

prior to such unavailability or until the Sprmgfield-Beckley Muo^ipal Airport shall be 

operating as it was prior to such curtaUment or cessation. I 
ARTICLE XH \ 

Tbe LESSEE may be required, at such intervals as die LESSOR ahall presaibe, to 

submit a statement or other accounting in such form and manner as shaij be prescribed by the 

LESSOR, showmg the LESSEE'S gross xecdpta for such period, and b^fcen down into such 

categories as may be required. The LESSOR through its duly authorized lepresenlative, shall 

have a » right to raspect and audit die LESSEE'S books of account and 0tiier records pertafaung 

to die operation of its service at the SpringQeld-Bocklcy Municipal Airport hereunder at all 

reasonable times. 

ARTICLE Xm } 

LESSEE ^pses it wiU cany the following types of insurance in tiie following respective 

amounts: ^ 

Type limits 

Premises One Million Dollars $ I ,OOO,0OO.0O)single 

limit, bodily injury a»i property damage 

Hangar Keepers Fifty Thousand Doll ^ ($50,000.00) per 

air-craft; Fifty Thousand Dollars ($50,000.00) 

each occurrence * 

>i 

Aircraft Liability and Pasgertger Liability Oae-lhmdted Thousiod Dollars, 

including property damage liability ($ 100,000.00) per person and One Milllion 

Dollars ($1,000,000 .|o) per occurrence 

"J 

Commercial Oeneral Liability One Million Dollars {$ 1,000,000.00) single 

Umit, bodity ing uty aiid property damage 

LESSEE agrees to provide evidence of die exlstraoe of such msuxanceto the LESSOR in the 

form of copies of insuiaoce policies or certificates of insurance. ExcepCfor Aircraft Liability and 

Passenger Liability Insurance, the LESSOR ^lall be named as an additj^nal msured on each 

policy. The policy shall jaxjvide for LESSOR to receive at least thirty ^0 ) days written notice of 

policy alteration, cancellation, or deletion. ; 

ARTICLE XIV > 

Upon the non-payment of the whole or a^y part of the amounts jirovided in Article X 

hereof witiun ten (10) days of the time such payments become due, or in the event the 

LESSEE shall be adjudicated bankrupt, placed in receivership, make an ossigmneat for 

the benefit of creditors, or a court shall tiike jurisdiction of its ^tire assess, oi the 

occurronoo of any act which operates to deprive the T>ESSEE ptonanently of the rights. 
powers, and privileges necessary for the proper canduct and operation of its service, 

. which adjudication, receivership, assigoment or occurrence shal^not be vacated, 

dlEonissed, or rendered of no force end effect within ten (10) day^ from the effective date 

of die same, or in the event of the abandonment or discontinuance of the opetation of its 

services, or if Ihe LESSEE shall fall to perform or observe any affile terms or conditions 

baxin set fortti for a period often (10) days after written notice ip the LESSEE by die 

. LESSOR by certified or registered mail, return receipt requBSted^;s;}eoifying foe i^ture 

affile default, then, and in any of such events, all of the rights and privil^es granted 

sfaaU cease axid terminate and the LESSOR shall be eiititied to take inmiediate 

possession of the premises and, with or vtdtiiout ie ^ process, to'^iqiel, oust, and remove 

. any and all of die parties claiming by, through, or under die LESSEE or who may 

occupy any part of said premises and any and all of die goods an^ chattels not belonging 

to die LESSOR which may be found on the premises, without b^ng liable to any clahn 

for dam^e therefor. 

B. The provisions of dns Article are subject to the following limitations: 

-i 

C. if by reason of acts of God, stiikes, bckouts, or other mdustrial (xsturbances, acts of 

public oiemies, or&srs oi any kind fiom the government of the IJ^ted States of America 

or the State of OMo or any of their departments, agencies, political subdivisions or 

offidals, or any civil or military authority, msurrections, riot, epidemics, landslides, 

lightning, earfoquakes. fires, hurricanes, stonss, fioods, washout||, droughts, arrests, 

restraint of government and people, civil disturbances, eoqilosionil, breakage or accident 

to machitieiy, transmission lines, partial or entire failure of utilities or any cause or ev ^ 

not reasonably within the control of thft I P.SSEE, the LESSEE iswiable in whole or in 

part to carry out its duties and obligations under the Lease, the LESSEE shall not be 

deemed in de&ult; timing die contuiuance of such inability. Ihe ILESS^ agrees, 

howBver, to use its best cfGbrts to remedy with all reasonable disitetdi tbe cauw or 

canses preventing the LESSEE fi^om carrying out its duties and o|ligations under the 

Lease provided that the settiement of snikes, lockouts and other i^ustrial disturbances 

shall be entirety within the discretion cf the LESSEE and the LESSEE shall not be 

required to make settiement of strikes, lockouts and other Ludustiial disturbances by 

acceding to die demands of the opposkg party oar; parties when siich course is, in the 

judgment of die LESSEE, unfevorable to die LESSEE. j 

D. If LESSOR fails to perform any act or acts or render any service Required to be 

performed or rendered by LESSOR under die terms of this Lease^,and if LESSOR &lls 

to remedy any such defoult in a manner reasonably satisfoctory toiLESSEE within ten 

(10) days following receipt fixim LESSEE of written notice to ici^iedy die. same, 

LESSEE may elect to terminate this Lease, the LESSEE may also'cancel this Lease 

effoctiveasof the eleventh (11th) d^o^ after the giving of written ilotice to the LESSOR 

.specitying the reason fbr such caocellaticm, if any, of the followiii^ events shall have 

occused: (1) the &ilui6 or refusal of any governmental axrthority throuf^ no foult of the 

LESSEE to, permit the LESSEE to conduct a substantial portion 6f its business; (ii) die 

isBuance by a court of competent jurisdiction of an injxinction preycoting or substantially 
restricting the activities contemplated by tills Lease and such injection shall have been 

in esdatenoe for a period of at least ten (10) days, (ill) the United States of America or 

the State of OMo, or any conunissicui, agency or instruinsntBlity|}f either, shaU have 

reqiusitbiKd the Sprmgfield-Beckl^ Municqial Airport and ttdkki oontirol of its 

operations for a paiod of durty (30) days or more in such manner as to preclude tbe 

LESSEE fix>a carrymg on a substantial portion of its activities oiatemplated by diis 

Lease. 

V 

E. The LESSEE'S performance of all or axsy part of this Lease for 4ir any period or periods 

after default of any of the terms, covenants and conditions herei4 contained to be 

petfoimed, kept and observed by die LESSOR, shall not be deai^ed a waiver of any ri^t 

on the part of the LESSEE to cancel this Lease for fidlure by tfae'CESSOR so to perfoim^ 

k e ^ or observe any of tbe terms, covenants or conditions hereof to be performed, kept 

and observed. No v/oLvex of de&ult by the LESSEE of any of th^ teems, covenants or 

. conditions hereof to be performed, kept and observed by tite LE$SOR shall be construed 

to be or act as a waiver by the LESSEE of ray subsequent defkuj^ of any of the terms, 

covenaz^, and conditions herein contained to be performed, kepi and observed by die 

LESSOR. ) 

ARTICLE XV 't 

The LESSEE shall be liable for any damage which may exist at die end of the term of 

this Lease, by expiration or otiauerwise, to the premises to be used bsremider, except for 

reasonable wear and tear, fire or odier casualty, obligations and defouhs^'of the LESSOR, and 

other causes beyond £he leasonablo control of the LESSEE; exca[H as otiiCTWise provided in tills 

Lease, all buildings, hangars, structures, fixtures, improvements, equipipent, and other property 

bou ^ installed, erected, or placed by LESSEE m, on, or about the S{»|ngfi6ld-Beckle)^ 

Municipal Airport, and itemises leased hereunder, including, but not lii^ted to, storage tanks, 

l»pes, pumps, wires, poles, madiiaery, end air conditionmg equipment,'ishall be deemed to be 

personal property and shall remain the property of the LESSEE Any an^ all property not 

removed by LESSEE by close of the last day of this Lease shaU thereupon become a part of the 

land on which it is located and tide thereto shall thereupon vest in LESSOR. 

ARTICLE XVI 'i 

LESSOR'S Airport Manager and die Airport Manager's duty amhorized agenb shall 

have, during normal business hours, the right to enter the premises desc&bed in Article I hereof 

for the purpose of injecting the prranises and of doing any and all things vdth reference thereto 

which die LESSOR is obligated to do or which may be deemed necessaity for the proper condua 

and operation of die Springfield-Beckley MunidpaJ Airport. \ 

9. 
ARTICLE xv n s: 

'. LESSEE agrees to observe and obey rules regulations with respi^ct to tile leased premises 

as shall be prcanulgated by the LESSOR and tiie LESSOR'S Aiiport K^nager, for the care, 

operation, mainteoaoea, and protection of die leased premises; provided, however, that such 

rules and regulations shall he consistent with safoty and widi rules, regulations, and orders of die 

Federal Aviation Administration with lespect to aircraft operations at tie Springfield-Beckley 

Municipal Airport; and provided, fiirther, that such rules and regulation^ shall not be 

ioconsistont witii ^ provisions of this Agreement or the procedures pi^cribed or approved 

fixim time to time by die Federal Aviation Administration with respect |> the operation of 

LESSEE'S aircraft at the Springfield-Beckley Municipal AuporU s' 

ARTICLE XVm V 

>; 

The Mure of the LESSOR to insist in any one or more instances upon a stiict 

perfocmance by the LESSEE of any of die provisions, terms, reservations, conditions or 

stipulations contained hi tills Agreemexd shall not be considered as a wapver tiiereof for the 

future, but the same shall continue and remain in fiiU force and effect and no waiver by tbe 

LESSOR of any paxmsion or term of this Agreement shall be deemed to^ have been made in ai^ 

instance unless expressed hi writing and signed by the LESSOR'S Aiipijnt Manager. 

ARTICLE XIX 

8 

Except as otherwise provided herein, die LESSEE shall not anylune without the 

contitait In writing of the LESSOR, assign or transfer the Lease granted, m any part foereoC or 

any right, powa, or privil^e thereunder granted 'A 

ARTICLE XX I 

It is fijrther mutually understood and agreed that tiie entire Agrc^ent between the 

parties hereto is contained herein and that each and evezy provision herepf shall be binding upon 

the said parties respectively and upon tiieir successors, legal representatives and assigns. 

ARTICLE XXI I 

'J 

A. All structures and fooilities as described herein above will, be led ^ to the operator in 

an "as is" ctrndition, and all costs for adapting such focilities to i^ business purposes 

must be borne by tiie LESSEE. 5 

B. The LESSEE shall provide all operating equipment, furniture, fu^ahings, lightiiig 

. fixtures, and similar equipment deemed necessary or required on the leased premises fbr 

die conduct of LESSEE'S geaneial fixed base operator services di^ribed herein. Titles 

to all such equipment shall remain vested in the LESSEE and dieieqmpment may be 

removed at the expiration of the Lease period, i 

10. 
C. AU services provided or fiiniished by the IJESSEE shall be flinds^cd on a fair, equal and 

not uiQustiy discriminatory basis to all users thereof and the op^ratoir shall cbarsB &ir, 

reasonable and not unjustiy discriminatory prices for each unit (^f service; provided, 

however, LESSEE may be allowed to make reasonable and not^iscrinunatoiy discounts, 

rebates or other similar types of price reductions. ''; 

D. Notwithstanding any other provision of this Lease, tiie LESSOI^'reserves all rights and 

authority required to inaute that the Springfield-Beddey Munio^ial Airport will be 

operated and maintained in accordance with Federal Aviation A^ of 1958, as amended, 

the Federal Aviation Regulations and all requirements and conditions which the 

LESSOR is required to comply with under Federal and State of Ohio statutory and 

regulatory requirements. } 

E. The LESSEE in die operation and use of the Springfield-Becklej^ Municipal Airport will 

not on the grounds of race, color religion, ancestry, natiraal ori ^ handicap, age or sex 

discriminate or permit discrimination against any person or grou|i of posons in aii^ 

. manner prohibited by Fart 152 Of die Federal Aviedon Regulations, and the LESSOR 

. retahis the right to t^ e such action as LESSOR deems necessary to oiforce tiiis 

covenant LESSEE shall comply and fiilly cooperate with such ^iforcement procedures 

as the Untied States may demand diat LESSOR take in order to ^bmpty with LESSOR'S 

responsibilities to the United States. ^ 

F. Tbe LESSEE warrants, that there are no contracts, permits, licences, or agreements (oral 

or written) concerning the leased premises, which would materia^y interfere with die 

LESSEE'S use aod occupation of the leased premises. ;f 

G. The LESSOR represents tiiat it will coqperate witii LESSEE in c^taioing asy license, 

peonit or any approval of any nature fiom any township, county, ^tate and federal 

antiiorities. i 

ARTICLE XXn I 

A It is understood that the LESSOR has made inqirovements over t p years to fbc 

Springfield-Beckley Municipal Airport grounds widi die use of Ibderal grant monies 

and that in connection with such grants, the LESSOR has executed various assurances 

to the Federal Government regarding its Springfield-Beckley Miijiicipal Aiiport and the 

operatiois to be conducted thereon. Among such asurances are i^he following; 

B. That die LESSOR: \ 

I. "Will not grant or permit any exclui^ve right forbidden by^ection 308(a) of die 

Federal Aviation Act of 195S [49 U.S.C. 1349(a)] at tiie l^iingfield'Beckle)r 

Municipal Aiipoit or at any other aiiport now owned by oi^ controlled by it;" 

11. 
2. "Agrees that, in fortherance of die policy of the FAA ur^er tiiis covenant, unless 

authorized by d» Administrator, it wiU not, eitiier direc^y or indirectiy, grant or 

permit any person, firm or corporation the exclusive ri^t at the SpringfieldBeckley Municipal Airport, or at any other airport now owned or controlled by it, 

to conduce any acronaatical activities, including, but no|limited to charter flights, 

pilot traming, aircraft rental and sightseeing, aerial photSgraptiy, crop dusting, 

serial advertising and surveying, air carriw operations, ^craft sales and services, 

sale of aviation petroleum products whether or. not conducted in coiyunction with 

oflier aeronautical activity, repair and maintenance of a^craft, sale of aircraft 

parts, and any other activities which because of their diiict relationship to the 

operation of aircraft can be regarded as an aapnautical lictivity." 

I 

C. fn flie event that a determination is made by the Federal Aviati^ Administration that a 

violation of such assurances has occurred pursuant to the Agrrjement executed by and 

betwBMi the parties to this Agreement, die parties agree that ti|s Agreement will be 

modified to comport with the requiiements of die Federal Aviation Administration. 

ARTICLEXXffl f 

I: f. 

This Lease Agreement constitutes tiie ratire agreement betweeii die parties and shall not 

be modified or changed in any manner except an a^eement in writmg-signed by all parties 

IN WITNESS WHEREOF, die parties have caused these presents to be signed m thenbehalf by dieir respective representatives fliereunder duly audiorized tlife day and year first above 

written. i^ 

APPROVED AS TO FORM 

iCORREemESS: 

Deputy Mvf Director 

THEC: lptofGFIELD,OHlO 

ity Manager 

SPRINGFIELD FI^GHT ACA»EMY» 

LLC I. 

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EXHIBIT 
EXHIBIT wr^ff ^X 
Documentation and Timeline 

Cunwit as of December 1Q, 2009 
Table of Contents 

DOC 1 Request For Proposal 4 

Issue Data: September 9,2007 4 

DOC 2 M^ntonance Business OuUlne 4 

Date: December, 2007 4 

DOC 3 Fuel Services Business Outline 4 

Date: December, 2007 4 

DOC 4 SFA's General Fbcsd Base Operator Aflreement 4 

Date: February 1,2008 4 

DOC 5 Munkapal Airport Advisory Board Minutes 5 

Date: Aprfl2, 2008 5 

DOC 6 S-Jet LLC Lease Addendum 5 

Date: April 23, 2008 5 

DOC 7 SFA Letter Of Request for Fuel Sales 5 

Date; May 14.2008 5 

DOC 8 Dayton Business Journal Article 6 

Date: May 16,2008 6 

DOC 9 Municipal Airport Advisory Board Minutes 6 

Date: June4,2008 8 

DOC 10 S-Jet LLC, Revised Lease Addendum 6 

Date: JuV7,2008 6 

DOC 11 Munidpal Aiiport Advisory Board Minutes 7 

Date: Augusts,2008 7 

DOC 12 Ohio DBE acceptance letter 7 

Date: S^tember 12.2008 7 

DOC 13 State ofOhio Motor Fuel Dealer License 7 

Date: October 1,2008 7 

DOC 14 Response to Hie Customer Fuel Sates Request 7 

Date: October 24.2008 7 

DOC 15 SelectTech Services Corp. DBA Select Tech Lease Agreement 7 

Date: November 3,2008 7 

DOC 16 Letter from Mark ElSot.. 8 

Date: December 11,2008 8 

DOC 17 Springfield Flight Academy's Formal Letter of ComplaHit 8 

Date: December 15,2008 8 

DOC 18 Mur^fcipal Airport Advisory Board Minutes 8 

Date: February 4,2009 8 

DOC 19 Letter to Pat Richards, Assistant Economic Director 9 

Date: March 16,2009 ., 9 

a 
DOC 20 Letter of AckncNdedgement, trom Pat Richards 9 

Date: Aprils,20C» 9 

DOC 21 Springfield Flight Academy's Services Plan 9 

Date: April 9, 2009 0 

DOC 22 City Of Springfield Response to the FAA Complaint..- 9 

Date: April13, 2009 , 9 

DOC 23 Response fCH-MoGas Information 10 

Date: May5,2009 10 

DOC 24 Lease Meedng Minutes 10 

Date: June 9, 2009 , 10 

DOC 25 Response to a Vertial "NO" tor Moeas sales 10 

Date: June 9,2009 10 

DOC 26 Notes Concerning a Visit by Itie Airport Manager 10 

Date: June 19,2009 10 

DOC 27 Teleconfference Minutes 1 

Date: June 23,2009 1 

DOC 28 Select pages of the City of Springfield CAFR 1 

DOC 29 Request for Fuel Sales 1 

Date: June 26, 2009 1 

DOC 30 City Meeting Notes 1 

Date: September 16,2009 1 

DOC 31 Letter to the City of Springfield Law Department 12 

Date: October 28,2009 12 

DOC 32 Agreement to Purchase 100LL 12 

Date: November 9,2009 12 

DOC 33 Springfield Law Department Response 12 

Date; November9,2009 12 

DOC 34 Agreement to Sub-Contract 12 

Date: Novanber24, 2009 12 

DOC 35 City of Springfield Codefied Ordnances Chaper 959 13 

Airport minimum standards 13 
DOC 1 Request For Proposal 

Issue Date: September 9,2007 

Synopsis: The request tor proposal outlining the terms of the lease tor a fixed base operator at 

Springfield Beckiey Municipal airport Ptoposalswers due on October 12.2007. The terms included 

5000 sq ft of hangar no. 2, and 1000 sq ft of office space. Requirements also included staffing the 

terminal building, and sril uHitfes. 

SFA Notes: The RFP did not outline the cost of any r«ital agreement It did not increase the space 

available to the flight school, but did not outline how utilities or office space would be divided among 

tenante. The city >MShed to regain control the price of fuel, which was to be purchased sand dispensed at 

the cost of the tenant. 

SFA did not submit a proposal to the RFP. it was an unrsasonabte deal, and we believe 

purposely so. Rent fixbig had also been a problem tor the previous FBO, m that they wers forced to 

share the building space with another t«iant, but were not allowed to set that tenante rent or ufiiittes 

sttering agreement SFA wanted sole occupancy of hangar no. 2, and the ability to set our own fuel 

prices. 

No other busmess submitted a proposal to the RFP, including the cument operator S-Jet LLC. 

Following a discussion wIVi the Airport Manager atxiut these concerns, it was suggested that SFA issue a 

separate proposal for the general aviation maintenance, and fuel sales. 

DOC 2 Maintenance Business Outline 

Date: Decemlier, 2007 

Syn<q»ls: The document outlines how SFA wished to c^ierated a maintenance operation, loosely 

follovwng the high points of the RFP. 

SFA Notes: The proposal was accepted Immediately, and changes to SFA's lease agteenr^nt followed. 

At that time not mention was made of the other proposal. 

DOC 3 Fuel Services Business Outline 

Date: December, 2007 

Synopsis: The document outlines how SFA wished to operate the fueling services. Theproiiosal 

rnduded operating the terminal building, and only u^ng hangar no. 2 fortrwsient aircrafL 

SFA Notes; The prt^xisal was meant to be a storting point for negotiaticrte and a compromise for botii 

parties: It was assumed that continuing negotiations would occur. Thisdocumentwas'losf, andno 

response was given. White SFA was please to obtain the msyntenance business, it alone did not support 

toe addiflonal personnel, and it was assumed that by obtaining the ftiel business tfie company could 

afford to cross train personnel, and fulfill our obligations. 

DOC 4 SFA*s General Fixed Base Operator Agreement 

Date: Febraary 1,2008 

Synopsis: Following the acceptance of the maintenance proposal a new lease agreement was stmcii 

with the City of Springfield. It then included the maintenance operation with the ongoing flight training and 

aircraft rental operations. 
SFA Notes: As of the issue date of that lease, it remains tbe only contract on the field describing a 

general fixed base operator. Due to the mability of boto the CRy of SpringTield and SFA to come to an 

agreement on multiple issues at the time of lease renewal, it remains as the cunent operating agreement 

DOC 5 Municipal Airport Advisory Board Minutes 

Date: April 2,2008 

Synopsis: Meeting minutes denote the fuel services situation as of April, 2008. Tbe airport manager 

noted meetings beginning with Spectra Jet LLC, (error, unknown if they ans rafbrrfng to Specba Jet Inc. or 

S-Jet LLC), concerning providing of fuel services. Hangar tenant, and tenner advisory boant member, 

Steve Fields questioned the legality of the cunent contract for fuel sales and Spectra Jet 

SFA Notes: Steve Is referring to the agreement allowing Spectra Jet Inc to sell Jet A to its customers 

when they come in for service, or come through Springfield. Steve was most likely concerned that no 

bidders would be found due to the income losses tor another provider from this <teal. He had addressed 

concems privately ^tout the RFP, and its requirement of only partial occupemcy of hanger no. 2. 

No mention was made at this time of our fuel services fHoposal. 

DOC 6 S'Jet LLC Lease Addendum 

Date: April 23,2008 

Synopsis: The document outlines the agreement between the City of Springfield, and S-Jet LLC to 

operate the tennlnal building, the foel farm, hangar no. 2, and to dispense fuel. Hangsr no. 2 it 

considered in full, and the agreement also outlines the utilities agnemeht between the City and S-Jet. It 

outiines the payment s(^edute from the city to S-Jet for providing services, and allows S^lei to set fuel 

prices with approval from the City. 

SFA Notes: It is noted that at this time the total payment to S-Jet is at a maximum $8300.00. As S-Jet 

began service they did not own or operate a 100LL 6\ick. After a short time towing aircraft to the fUei 

pump. Siey purchased a 300 gal utiHty trailer and s jeep. This is in direct violation of the City's minimum 

standards fcH* fu^ng operations, and would become a sntell Issue later. 

SFA had not received notice of the signing of dtis agreement Not until S-Jet began towing 

aircraft to Qie fuel term was Hi clear we had lost the "contracf. Also, SFA continued to operate in the darit, 

having been NO public discussion of the payment agreement At this time we assumed that S-Jet was 

operating without supplemental funding. 

DOC 7 SFA Letter of Request for Fuel Sales 

Date: May 14,2008 

Synopeis: This letter is SFA's offidai request to sell fuel to our customers. This is the mirror of a request 

which had been filed, and agreed upon in favor of Spectra-Jet Inc prior to the faBure of Sunbird ^ r 

Services Inc, the previous FBO, and foel services provider at KSGH. 

SFA Notes: In an attempt to move the business forwaid. and considering the vert>a) agreemente for Ihe 

use of foeting equipment remaining on fte field from the previous FBO, SPA requested pemiisslon to sett 

fuel to our customers. It was unclear how Spectra Jet had accomplished this, but they had been selling 

Jet A to their customers for over a year prior to Sunblrd's dosing. They did so with a leased fuel truck, 

now operated by S-Jet. and using the City's fuel farm xn paraltel with the already established FBO, 

Sunbinj. While 100LL sstes would not be as lucrative as Jet A, in volume, or maritup, we believed we 
could provide b^ter sereice (issues had t}ecome appansnt), and it would allow SFA to have fuel availatte 

at bulk pricas to oparate our own aircraft 

DOC 8 Da3ton Business |oumal Article 

Date: May 16,2008 

Synopsis: This artkde d^cribes the recent expansion of Spectra^et Inc at KSGH. It describes the 

winning of a contract by Spectra^Jet (not &slet), of a fuel sen/ices contract at the airport. It describes 

payment of $66,000 per year for services. It also discusses in brief the constoiction of additionai hangar 

space, with the assistance of City funds. 

SFA Notes: This artide was proudly displayed In the tennlnal building following publication. It is at this 

time SFA discovered that either Sp^± a Jet or &Jet, was receiving funding to operate at the airport and 

had posably received funding to buid their current hangar as weO as additional funding forthcoming for a 

second building. We were very upset In that we oftersd to provide these sen/toes at our expense, and 

that our servkses would include general aviatton maintenance, a service NOT avsleble from S^tot or 

Spectra Jet at tttat time. It is also our contention, that SFAs business Is based on servtoing customers at 

KSGH, and the focal ccmimunity as a whole, as opposed to viewpoints Spectra Jet noted In the ar&:le. 

At this time, many tenants l>ecame Intor^ted in what appear to be some inappropriate de ^ 

made by the City of Springfieki. This added to ongoing problems with worn out T-hangars, a problem 

which had not been resoh/ed here to because of a lack of funding. This ariicle ntade it appear as though 

a great deal of funding was available. 

DOC 9 Munidpa] Airport Advisory Board Minutes 

Date: June 4.2008 

Synopsis: Denotes the transfer of fuel sarvk»s from Sunbird Air Services to Spectra Jet LLC (error, inc), 

and the correction by Mike Cathenvood, that servk»s would be provided by S-Jet LLC. 

SFA Notes: This was not new intomiatton, as opereOons had begun previou^y. 

DOC 10 S-Jet LLC/Revlsed Lease Addendum ' 

Date: July 7,2008 

Synopsis: This agreement revised the funding available to S-Jet for servksesprovkled. The utilities 

agreement for hangar no. 2 was amended, prwkllng for the Ci^ s payment of 100% of the utBities for the 

buikiing. It also provided an ending date for the hangar occupancy of July ^^ , 2008. Section Q also 

lowered the maximum funding provided to S-Jet down from $2800, to $1400 fbr the termir^ manning 

fee. This lowered the total payment to S-Jet to $6900. 

SFA Notes: It is unclear when SFA became aware of this addendum. It wouU not be until later, that we 

discovered S-Jet had ceased occupancy of hangar no. 2. 
DOC 11 Municipal Airport Advisory Board Minutes 

Date: August 6,2008 

Synopsis: No report from Specba Jet Inc, or S-Jet LLC. The City outlined plans for the kxatton of a new 

company at KSGH, to occupy the 15000 sq ft of hangar no. Z, The lease would ioat for 30 months, with 

options for two 30 month renewals. This included possible operations by ioge cargo aircraft. Objections 

to the deal were not noted by the advisory board, but by several observers, none by name. 

SFA Notes: The concerned pariies induded Steve Rekls, and Collis Wagner. The deal removed the 

hangar fivm aviatnn service, and fijdher linrtited GA operations at KSGH. It appeared that the desd had 

been in process for some time and brought into questfon the ability of any company other than cunent 

occupants of KSGH to bki on, or provide sendees under the RFP's outlined requtramenta. 

DOC 12 Ohio DBE acceptance letter 

Date: September 12,2008 

Synopsis: The tetter denotes the acceptance of SFA as an approved Ohio Disadvantaged Business 

Enterprise, 

SFA Notes: We had been a City of Springfield rscognlzed Minority Owned Business, and we had 

continued our relationship with Mfohael Crockett the City of Springfield Minority Business Coordinator. 

DOC 13 State ofOhio Motor Fuel Dealer License 

Date: October 1,2008 

Synopsis: This Is a copy of SFA's license to sell motor fu^ . 

SPA Notes; This is a continuation of the business development stiggested by Mtohael Crockett 

DOC 14 Response to the Customer Fuel Sales Request 

Date: October 24,2008 

Synopsis: This tetter is a response to Doc 7, and Doc S. It outlines the City of Spflngfleki's positfon, that 

SFA may not sell fuel under any drcumstance. The document states that SFA decided not to provide fuel 

seni^tces, and that the City Manager was under the assumptfon that SFA was briefed by the Airport 

Manager as to the situation. 

SFA l4otes: SFA at no time ceased to pursue fuel sales. This letter appeared as a denial that the foel 

sales proposal, Doc 3, was ever sent Furthermore, It was, and r«nains our position, that if Spedra Jet 

was alfowsd to sell fuel to ite customers while another FBO was under contract to use the City fuel fami, 

that we should also be allowed to do so. 

DOC 15 Select Tech Services Corp. DBA Select Tech Lease Agreement 

Date; November 3,2008 

Anopsia: This document foosely outlines the agreement between the City of Springfield and Select 

Tech for hangar no. 2, and its offices. It denotes the City's expendKure of $150,000 in connectfon with 

the construdfon of a hangar on dty owned property. 
SFA Notes: This document is Hie only one we could get fiom the City of Springfieki. It does not describe 

the length of the agreement or any modlflcalkms to the buikiing. It describee no rent tend tease, or other 

payments to or from the City of Springfield. We do not beiteve this to be the correct document but no 

other agreemente have been found. Wortt done to hangar no. 2 has been completed both by Select Tech 

contractors, and the City of Springfieki. Under what funding ananosmants we are unsure. 

SFA believes this agreement was in the worits at the t'nrie of the original RFP, hence the pstftlal 

occupancy agreemente. 

DOC 16 Letter from Mark Elliot 

Date: December 11,2008 

Synopsto: This letter is ftofn Mari( Effiot representative for the Springfield Airport Assodatfon, 

concerning his meeting vnth Jsn BodenmiUer, ass. City V^fmgeir. The meeting was caUed by 

Bodenminer, following SAA concems vok»d at previous airport advisory board meetings, and with 

community leaders. It denotes the Assistant City Manager's position that Genera Aviation is of no benefit 

to the City of Springfii^. 

The SAA had VOteed concerns about the cun^ent FBO, the Select Tech deal including both the 

hangar lease and heavy aircraft operatfons, the building of the Spectra Jet hangar, and the lack of 

movement on T-hangar replacament program. 

SFA Notes: SFA had been suf^ortive of the Springfieki Airport Associafon. We have and continue to 

house their meetings and participate as much as possibte. The Airport Assodatfon has had similar 

concerns with the state of business at the airport, and the method of dealings with companies kx^ated on 

the airfiBid. Also, the hangar situation at KSGH is dire, in that most structures are 40 to 6Q yeaie old, and 

m very poor conditfon. This has lead to deciaased occupancy, and a general lack of services avaiiabte to 

remaining t^iante. 

DOC 17 Springfield Flight Academy's Formal Letter of Complaint 

Date: December 15,2008 

Synopsis: The letter outlines our concems with airport management as a whote. Itdisdosesour 

concems with the RFP process, the Issue of a fuel sales lease to S-Jet against the City's minimum 

standards, the paymente received by S-Jet the absence of rent for Select Tech, very low or no rent for SJet and Spectra Jet and our daim of economk: discriminaijon. It also denotes the supporting 

documentatton sent to the FAA (contained herein). 

SFA Notes: Folfowing a lack of response, or even interest from the Cl^ Manager's ofRce, SFA took ite 

complainte to the FAA's airport diviskm. The supporting documentatfon listed atxwe was attached, and a 

diatog was started with Malon Pena, Program Manager Detroit Airport District Office. 

DOC 18 Municipal Airport Advisory Board Minutes 

Date: Febrnary4,2009 

Synopsis: Denoted remodeling on Hangar No. 2. 

SFA Notes: At this time the Ci^ had become dose mouthed about most scything dealing wth the 

airport 

3 
DOC 19 tetter to Pat Richards, Assistant Economic Director 

Date : Mard i 16,200 9 

Synopste: Letter to denote the cancelation of SFA's lease renewal meeting. 

SFA Notes: SFA was to have a meeting OT March 17,2009 concerning our lease agreement with the 

City. When we advised the City that an additional independent technkat advisor would be present 

namely Marie ElBct, the City canceled the meeting. We were concerned that any new agreemente wotM 

limit our operations both pr^ent and futore, ^ d wanted to get a more favorable agreement In terms of 

rent and utilities, as well as possible improvemente to the fecllities. 

DOC 20 Letter ofAcknowledgement, from Pat Richards 

Date: April 3,200 9 

Synopsis: The tetter acknowledges tfie meeting cancelatfon, and requeste a list of service to be 

provided. 

SFA Notes: none 

DOC 21 Springfield Flight Academy's Services Plan 

Date: April 9,2009 

Synopste: In response to the request for infomriation, SFA remitted a list of the current seivk:e$ 

provided, as well as a list of scheduled services fbr the next 3 years. We also Tsted items of concern to 

our operations directly anected or confatilled by the City of SpringfiekJ. We also made dear our position 

on the payment for ^enices S-Jet had tteen receiving and Uie differing rental agreemente for ihe 

businesses on the airport. As an attachment to the letter we included SFA's business map. A planning 

device devefoped to map services provided with futore saivioes and aid in business planning. 

SFANotss: none 

DOC 22 City ofSpringfield Response to the FAA Complaint 

Date: ApiH 13,2009 

Synopsto: The document outilnes the City of Springfieki's position in response to the FAA request for 

informatnn pursuant to toe complaint. 

SFA Notes: This response is in many cases inaccurate. As noted on page 2, at no time did SFA lack the 

capitol to fill the fuel tanks. Also, at tills time the city admite to receiving our proposal, whk:h up to this 

letier tiiey had denied. White fuel prices may have been a continuing concern, it was the assumption that 

fuel sates would be the only income stream avalteble from pravkling such servtees, and as such we 

needed to control tiie price. 

The response also contends that 8-jet Is qualified as a general FBO under the minimum 

standards, a requirement to sell fuel on tiie airfieU. S-Jet LLC provides no other servlcos beyond fuel 

sales. Wh8e SFA has had a hard time keeping ite ftili time maintenance obligations (provided at our 

cost), we remain qualified as a General FBO under dty ordinance wiUiout that sennce being listed. 
DOC 23 Response for MoGas Information 

Date: May5,2009 

Synopsis: Followrig a late April me^ng concerning the services we wish to proved, Information on how 

MoGas is used was requested by the Cl^. This tetter Is tire responMi, written tiy Colto Wagner an 

engineer and stodent of tiie school. It outilnes tiie basics of the diflierent fuels avaiteble fbr piston aircraft 

SFA had requested permissfon to sell MoGas, a fitel currenUy not avaiteble ^ Springfieki, and at only one 

other airport In Ohio. 

SFA Notes: The Airport Manager, and the City Representative, Pat Richards, did not understand tiie use 

of MoOae as an aircraft fuel. We had been, and continue to use MoGas for our primary braining aircraft, 

and simply wished to subplant our income and provkle an additional income sfaeam to support the toeiing 

equipment we maintain. 

DOC 24 Lease Meeting Mhiutes 

Date: June 9,2009 

Synopsis: The meeting occuned between the Airport Manager, Mick Lecocq, Pat f^hards. Assistant 

Economk: Devefoper, and Aaron and Marjorie Coleman. The City produced a new lease for signature 

which included rateing tiie rent changing our designation to a specially FBO, prohitrifing MoGas salee 

among other items. 

SFA Notes: We were completely shocked at the proposed increase in rent and tiie meeting went forward 

pooriy from Hiat point The dty (fid not provide a copy of the lease to review, and only alluded to tiie 

contente during the meeting, reading from notes. We were unabte to obtein a copy of die proposed 

DOC 25 Response to a Verbal "NO" for MoGas sales 

Date: June 9,2009 

Synopsis: Following the morning meeting, with the safety and Rability concems noted, ColHs again 

embarited on additionai research on the subject and wrote a request for clarifk:ation. 

SFA Notes: As to present the only darificaticm we have received has been that no company w8i be 

allowed to ofter MoGas sales at Springfield due to Itebtltty concems. 

DOC 26 Notes Concemli^ a Visit by the Airport Manager 

Date: June 19,2009 

Synopste: The Airport Manager visited the oflloe and made inquiries about the maintenance services we 

provided. At that time we were using a part-time mechanic, due to a lack of business avaiiabte. 

SFA Notes: The purpose of Uie visit was unclear and very rare. As noted, we again stated our position, 

and noted tiiat we have no pnobtem with S-Jet or Spectra Jet providteg any sen/tees tiiey are capabte of 

provklJng. 

)0 
DOC 27 Teleconference Minutes 

Date: lune23,2009 

Synopsis: A teleconference was held b^ween SFA, the City of Springfieki, and tiie FAA Airport Disbtot 

Office, and Mike Crockett. The meeting was to discuss tiie current status of toe SFA's tesse, and tfte 

complaint to the FAA 

SFA Notes: Uttte new information was presented. The few pieces of additional Information concerned 

the "operational contract held wiOi S-Jet for ttie operatfon of tiie fuel famn and tiie City temninai. Also, for 

the first time the City not^ ttiat S-Jet pad to construction of thek building, whksh tiien became City of 

Springfield property. Oddly, tiiey dki not retain ownership and take the depreciation on the asset also It 

is hard to understand how a company could build a 1.3 million dolter structure debt free, it woukt be 

impossible to give away an asset containing a lien. Also, research into tiie city's CAFR notes some tonny 

accounting which could not be rectified with any otiier stmctore built on the airport in the prevfous 10 

years. Selections from that document follow. 

DOC 28 Select pages of the City of Springfield CAFR 

Synopsis: Pages 30,41, and 44 fi^m die fiscal year 2007 financial report Induded are any entries 

alluding to $1.4 mlllfon for capital contributions. 

SFA Notes: We had been concerned, along wlUi Hie Airport Assodation, as to the source of funding for 

tire Spectra Jet hangar. These notes were found in the financial documentation, but no conesponding 

entries coukt be found for either tiie buikiing of the AK Air corporate hangar, or the Egairo corporate 

hangar. 

DOC 29 Request for Fuel Sales 

Date: Jane 26,2009 

Synopsis: Anotiier request for pennissfon to sell fuel. 

SFA Notes: Folfowing the teieconfersnce, and our request to sell fuel to our customers, tiie City noted 

tiie possibility of coming to an agreement on tiiis matter. We again made a fcMTnaf request to start the 

process. 

DOC 30 City Meethig Notes 

Date: September 16,2009 

Synopsto: A meeting was arranged between tiie City of Springfieki, SFA, and S-Jet LLC. The desire of 

SFA to sell fuel, and use space in the City fuel famn was discussed. 

SFA Notes: This meeting encouraged us as to tiie possibility of coming to soma amicabto agreement 

As we were woricing witii otiier busir^ss to put two piston twins Into operation, die ability to purchase bulk 

fUel was becoming more important. Following this meeting arrangements were made for a 1800 gat 

10OLL trock to be brought to the airfiekl. 

/I 
DOC 31 Letter to the City of Springfield Law Department 

Date: October 28,2009 

Synopsis: Following no movement on tiie FAA complaint, and wrtti questions fiom the teleconference 

yet unanswered, SFA issued a tetter to the City of Springfield Law Department for an ofTk:ial reply. We 

again outlined the City's viotetions of specific statutes and Airport Assurances. 

SFANotas: none 

DOC 32 Agreement to Purchase lOOLL 

Date: November 9,2009 

Synopste: Folfowing the meeting noted in DOC 30 above, this agreement was proposed. The 

agreement would contract SFA and S-Jet LLC, for the purdiase and delivery of 100LL fijel. 

SFA Notee: Ttte agreement is very poorly worded. It attampte to word sen^ e in sudi a way as to 

prevent any sates what so ever. It aKows S-Jet to fine SFA for non-compTiance and requires reporting to 

&>iet of fuel teste and otiier business transadiions. it also atiempte to hold SFA to Vie contrad 

obligations S-Jet hokls wttii the City in tiieir contact to what extent and fbr what purpose is unde«. 

At tills time (December 10,2009), SFA has not signed tiie agreement, and is unsure how to 

proceed. 

DOC 33 Springfield Lavr Department Response 

Date: November 9,2009 

Syn<^)sto: The official response from tiie City of Springfield Law Depiartment It upholds any and all 

contiacts, leases, and stetemente made previously by die Cl ^ of Springfieki, and denies any wrongdoing. 

' The Law Department states that tiie hangar occupied by Spectra Jet was built by S-Jet U-C and tiien 

gifted to tiie City at a value of over $1.2 million. 

SFA Notes: The response in general was not surprising, but was requested to ensure that iwevfous 

statsmente, and official answers to tiie alleged violations were retained in writing and review by tiie Law 

Department 

DOC 34 Agreement to Sub-Contract 

Date: November 24,2009 

Synopste: This document was issued in response to the FAA meeting held on November 16,2009. The 

FAA requested die fonnal connection between Spectra Jet Inc, and S-Jet LLC. Pat Richards alluded to 

tiie fact tiiat this document already existed. 

SFA Notes: SFA does not understand the purpose of tiite document This intent te to coraiect die two 

companies. whld> to this point had been loosely connected, and who's exact reiatfonshlp had not been 

made dear. The Issues concerning the hwo companies and what services each is to provkte has been 

bng misunderstood, and has provided continual confusfon in documentation and me^ng minutes. 

The FAA, in particuter John Mayfield, acting head of the airport district office, was very upset 

about the lack of clarity on the subject to the point of accusing us of withholding infomiation. 

15 
DOC 3S City ofSpringfield Codefied Ordnances Chaper 959 

Airport minimum standards 

(3 
EXHIBIT \\T\ff ^"D 
DOC 35 

CHAPTER 959 

Springfleid-Beckley Municipal Airport 

(EDITOR'S NOTE: The r^ulations in Secfons 959,01 

to 959.99 were adopted by OnJinance 99-229, passed July 13,1999.) 

939.01 

959.02 

959.03 

OSg.04 

958.05 

959.06 

959.07 

959.08 

959.09 

959.10 

Purpose. 

References. 

Definitions. 

Renting airport space. 

Standards for commercial 

aeronautical activities. 

Applications format and 

procedures. 

Minimum requirements. 

Minimum activity requirements. 

Mandatory lease clauses. 

Minimum insurance requirements. 

959.11 

959.12 

959.13 

959.14 

959.15 

959.16 

959.99 

Specialty commercial. 

aeronautical actlvittea. 

requirements. 

General Fixed Base 

Operator. 

Other aeronauticai-reiated 

commercial activities. 

Prohibifion. 

Injunction. 

Fuel flowage fees. 

Penalty. 

CROSS REFERENCES 

Endangering aircraft—see Ohio R.C. 2909.08 

Aeronautics—see Ohio R,C. Ch. 4561 

Airports—«ee Ohio R.C. Ch, 4563 

Airports and temporary fields—see OAC Ch. 5501:1-1 

Hellporta-«ee OAC Ch. 5601:1-5 

959.01 PURPOSE. 

This chapter establishes the minimum standards for the conduct of civil commercial 

aeronautical activities at the Springfield-Beckiey Municipal Airport, Ohio. 

These standards provide, through the granting of certain privileges, the minimum 

activities of general aviation airport services required by the public of a metropolitan area. 

Through the granting of these privileges and estatilishment of the requirements, it is felt that tiie 

Springfield-Beckley Municipal Airport will best be able to ensure availability and continuance of 

service In a safe and efficient manner. To conduct an adi\ ^ at the Springfield-Bed<iey 

Municipal Airport, it shall be necessary to meet the criteria and requiremente, as set forth by tiie 

City tor those activities 6^ specifically required by these rules and regulations. 

959.02 REFERENCES. 

The following publications were used in the development of this chapter: 

(a) Federal Aviatjon Agency (FAA] Advisory Circular (AC) No. ACt50i/519O.1A; 

Chapter 959 - Springfield-Beddey Municipal Airport 
Minimum Standards for Commercial Aeronautical Activities on Public 

Airports, December 16,1985. 

(b) Federal Aviation Agency (FAA) Advisory Circular (AC) No. AC150/5190-2A; 

Exclusive Rights at Airports, April 4,1972. 

(c) FAA Handbook ASP 5190.6 "Airports Compliance Requiremems'. 

(d) Springfield Munidpal Airport Master Plan; Phase 2 - July 1980. 

(Ord. 01-299. Passed 8-21-01.) 

959.03 DEFINITIONS. 

As used herein, the following terms shall have tiie meanings Indicated; 

(a) ''Standard(s)'' means one or more qualifications which may be established 

as minimum requirements to be met as a condition for tiie right to conduct 

an activity at the Municipal Airport. 

(b) "Commercial aeronautical activity" means any aeronautical activity 

conducted in or from Airport property which involves the operation, 

maintenance or servicing of aircraft where either: 

(1) The actlvify is performed for money or other va\u3bie consideration, or 

(2) The activity is performed by a fbr proRi corporatton, partnership, 

company, trust or other legal entity, or 

(3) The activity is perfonned on an airwaft not owned or leased by the 

parfonmer of the activity. 

Aeronautical activity shall include, but not be limited to all activities 

commonly conducted in airports, such as charter operations, pifot ti'aining, 

aircraft rental and sightseeing, aerial photography, crop dusting, flying clubs, 

aerial advertising and surveying, air canier operatio4is, aircraft sales, aircretl 

maintenance (which tami includes aircraft inspections which must be 

performed by a FAA licensed inspector and made pursuant to applicable 

Federal Aviation Regulations), sate of aircraft fuels and con8umat>les, and 

the servicing/Installation of aircraft componente. However, the following are 

activities which by themselves do not constitute aeronautical activitids: 

professional services where any aircraft operation is only incidental to the 

service (FAA medical examination, engineering activities involving airport 

siting and zoning, and legal sen/Ices involving aircraft operation), food 

preparation and sales (including catering for in-flight meals) and sales of 

aeronautical accessories either by mail or over-the-counter (Installation of 

these accessories may be an aeronautical activity). 

(c) "Airport* and "Municipal Airport" mean the Springfleld-Becktey Municipal 

Airport, Ohio. 

(d) "City" means Ihe City of Springfield, Ohio. 

(e) "Board" means the Springfield Municipal Airport Advisory Board. 

(f) "Commission" means the Springfield City Commission. 

(g) "Division of Aviatfon" means the division within the City government 

established by public law to manage the aeronautical activities of the 

Municipal Airport. 

(h) "Airport Manager" means the person appointed by the City's City Manager 

to be the Manager of the Springfield-Beckley Munidpal Airport. 

(i) "Airport layout plan" means the currently approved, scaled dimensional 

layout of the entire Airport properties, indicating current and proposed 

usage for each identifiatjie segment as approved by the Commission and 

amended from time to time. 

0) "Person" means any person, fimi, general or limited partoershlp. limited 

liability company, corporatton, tmst or association making application for, 

leaslnQ or using any land or facility at the Airport 

(k) "General Fix«wcl Base Operator" (GFBO) means a person, fimi or 
corporation subject to the provisions of a lease and a nonexclusive license 

engaging in: 

(1) three or more specialty commercial aeronautical activities,' or 

(2) two or more specialty commercial aeronautical activities witii fuel 

dispensing operations, 

(I) "Specialty Fixed Base Operator" (SFBO) means a person, firm or 

corporation subject to tiie provisions of a lease and a nonexclusive license 

engaging in two or fewer specialty commercial aeronautical activities. 

(m) "Specialty commercial aeronautical activities" means those activities 

identified in these regulations as being activities which may be used to 

receive credit for designation as a General Fixed Base Operator. 

(n) "Other aeronautical related commercial activities" means a person, flmi or 

corporatim subject to the provisions of a nonexclusive license ^gaging in 

commercial activities which do not by tiiemselves constitute an aeronautical 

activity but may support aeronautical activities; however, the term does not 

include pilot examinations perfonned by a pilot examiner who is certified 

pursuant to Federal Aviation Regulations and who does not occupy facilities 

tocated on tiie Airport, such services being unregulated by this Chapter. 

(o) "Commercial operator" means a person who provides for compensation or 

hire goods or services to others In or from tiie Airport. 

(p) "Fuel dispensing operations' means dispensing fuel fbr sale, either directly 

or indirectiy, to the public, as distinguished from dispensing ^el exclusively 

for use in a fixed base operator's owned or leased aircraft or vehicles. 

(Ord. 01-299. Passed 8-21-01.) 

959.04 RENTING AIRPORT SPACE 

Any person engaged in aviation activities at the Municipal Airport who leases or rents 

from the City either an aircraft tiedown space or an aircraft hangar space solely for the storage 

of his/her aircraft is prohibited from conducting any commercial aeronautical activity and/or other 

aeronautical rotated commercial activity from the space leased or rented unless he/she is in 

compliance vtnth these standards. 

959.05 STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES. 

The City has esteblished standards for commercial aeronautical activities at the 

Airport. The following space requiremente are to be used in detemiining the space needs for 

the activities listed below: 

(a) Office: Not less Uian fifty square feet per employee. 

(b) Public restrooms: In conformance with applicable buiiding code. 

(c) Off-street parking: 1.5 paridng spaces per employee. 

(d) Briefing and/or classroom: Not less than 124 square feet. 

(e) Lobby area: (4ot less than 124 square feet 

(f) Aircraft storage: Sized for aircraft submftted in the proposal. 

(g) Aircraft maintenance and/or repair area: Not less Uian 4,800 square foet with the 

repair/maintenance area having an imerior clear span height of not less than 

seventeen feet except for structores existing on or before July 1,1982. 

The requirements for items (a) to (e) above shall fce in addition to the space 

requiremente for aircraft storage and/or ttie maintenance and/or repair area. 

Any detached occupied building constructed shall contein not less than 1,000 square 

feet. 

All structures shall be designed and built as penrtanent structores. 

All plans for the improvements of land and buildings shall be submiHed with tiie 

certification of either a registered andiitect and/or registered engineer. 

The City shall be solely responsible to determine If tiie site improvements conform to 
the stendards set forth in these regulations. 

In the event two or more activities require the same space needs (e.g., restrooms) the 

City may allow the space to be combined to meet each activity's space requiremente. If the 

applicant wishes to do this, the application shall reflect this combined space approach. 

Fuel dispensing operations may only be engaged In by a GFBO. 

(Ord. 01-299. Passed 8-21-01.) 

959.56 /VPPLICATtONS FORMAT >^D PROCEDURES. 

Applications for leases of ground and/or facilities in the Airport, or for penmission to 

carry on any commercial aeronautical activity or any other aeronautical related commercial 

activity in the Airport, wHh the necessary permits and licenses, ^all be filed with the Mrport 

Manager in writing along with an application processing fee of Twenty-Five Dollars ($25.00). 

The appik^ant shall submit all infonmatton and material necessary, or requested, to establish to 

the satisfaction of the City that die applicant will quality and will comply with these rules and 

regulations. The appllcatbn shall be signed and submitted by a party authorized to sign for the 

business. A listing of names, including all interested parties, shall be submitted with the 

application. 

(a) Minimum Application Information/Format. The City shall not accept or take 

action on a request until after the interested party submits, in writing, a proposal 

which sete fortii tiie scope of the proposed operation(s). The application shall 

include: 

(1) The legal name and address of the applicant. 

(2) The proposed land use, facility and/or activity. 

(3) The names and qualifications of the personnel to be involved in conducting 

such activity. 

(4) The financial responsibility and ability of the applicant and operator to 

perfbnm and provide tiie activity sought for a minimum of three months. 

(5) The tools, equipment, services and inventory. If any, proposed to be 

furnished in connection with such activity. 

(6) The requested or proposed date for commencement of the activity and the 

term of conducting the same. 

(7) The estimated cost of any structure or facility to be furnished, the proposed 

specifications for the same and the means or method of financing such. 

(8) The specific types and eunounts of insurance proposed in accordance with 

minimum requiremente for the activity. 

(9) Names and a financial statement of proposed guarantors of the lease, 

(10) Submission of a pro forma operating Statement for first year. 

(b) Supporting Documente. The applicant shall submit the listed supportive 

documents to tiie Airport Manager. Other documents and information may be 

requested by tiie Airport Manager, 

(1) Financial statement A current financial statement certified or prepared by 

a certified public accountant. 

(2) Assete: A written listing of toe assets owned or proposed to be purchased 

which wiH be used in the business in tiie airport 

(3) Qretlit repoft: A current credit report covering all areas in which the 

applicant has done business up to the past ten years. 

(4) Authorization for release of infomiation: A written authorization for the FAA 

and CAB and all aviation or aeronautic commissfons, administrators or 

deparbnenie of alt stotos in which the applicant has engaged in aviation 

business to supply die Airport Manager with all information In their files 

relating to tiie applicant or his operation. The applicant shall execute such 

forms, releases and discharges as may be requested by any of these 
(5) Aircraft: Copies of aircraft rftgistration(s) and/or lease agr66ment(8) 

showing the type and number of aircraft to be used by Uie applicant in 

his/her proposed activities. 

(c) Acfen by City Manager. The City Manager shall convene a committee 

comprised of the Aiiport Manager, the Chairman of the Airport Advisory Board, a 

city attorney and such other persons as tiie City Manager deems advisable to 

conskler the application, negotiate the tenns of a lease and/or license and 

thereafter make a recommendation to Uie City Manager. 

(d) The City may lease any Airport property now or hereafter owned by the City on 

such terms and conditions as the City may prescribe by negotiation, public 

auction or sealed bids. All leases made pursuant to public auction or sealed bkJs 

shall be made to a responsible bidder at the highest and b^t remal bid, in 

accordance with ncnnal bid procedures. 

(e) The City shall be tiie sole aiitiwrity in detemiining tiie financial capability and 

capacity of persons proposing activities on the Airport. 

(f) If the City Manager is able to detenmine that an applicant meets all requiremente 

and standards pertaining to the type of commercial activity for whk:h a license is 

sought the City Manager shall issue a license to the applicant; atherwi.«ie no 

license shall issue to the applicant. Licenses issued pursuant to this Chapter 

shall expire on the expiration date of Uie lease entered into between die City and 

ttie applicant related to the license. In the ovent the City terminates a lease 

entered into pursuant to tiiis Chapter, the license related to such tenninated 

lease shall expire at the same time such lease termination becomes effective. 

959.07 MINIMUM REQUIREMENTS. 

No person shall be granted an exclusive right to conduct any commercial aeronautical 

activity or any other aeronautical related commercial activity In the Airport No person shall be 

permitted to use any land or structure to conduct any commercial aeronautical activity or any 

otiier aeronautical related commercial activity or tiie solicitetfon of 

business unless in accordance with ttie stendards herein esteblished. 

Prior to the leasing of any space, whether ground or building, and prior to commencing 

any operation or business in the Airport a prospective lessee shall present evkJence 

satisfactory to tiie City tiiat the prospective lessee meete tiie minimum standards established 

herein for engaging in such business In the Airport. The City, as owner of the Airport, may 

engage in such activities as it deems to be appropriate and in ite best interest. 

(a) The lessee shaH, prior to exercising the privileges of the lease, obtein and during 

the tenm of his lease, keep current all State, Federal and local licenses required 

for each phase of his/her Airport activity and comply at all times during tiie term 

of his/her lease with ail Federal, State and local laws and regulations. 

(b) Upon execution of the lease agreement, and before the applicant is given 

possession of the leasehold, the applicant shall post a performance bond of 

eighty percent (80%) of tiie amount of the total estimated construction cost of all 

leasehold capital improvemente to be erected by the applicant guaranteeing the 

constructbn of all such facilities in accordance with the plans and speclficadons 

thereon within the time specified under the lease. If such constnjction or 

improvemente are valued at less than ten thousand dollars ($10,000), no 

performance bond is required. 

(c) Before tiie applicant is given possession of die leasehold, the applicant shall 

provide the Ci^ with a surety bond in the amount equal to two montiis of the 

annual lease guaranteeing payment of rentals reserved under the lease. 

(d) Each lessee is expressly prohibited from conducting any activity at the Airport 

other than as provided for by the lease. 

(e) If the nature of the activity to be conducted by the lessee requires an 

environmental impact statement, the lessee, at his/her expense, shall prepare 
and submit such a statement to measure the effect of the activity to be conducted 

on the ecology of the area which may be impacted. 

(0 Each activity to be conducted by tiie lessee shall be conducted and located in 

confonnity with the Airport Master Plan, Airport Operations Manual and the 

Airport Layout Plan, in effect at this time and as may bo amended fmm time to 

time. 

(g) All leasehold improvemente shall be constructed in accordance witii detailed 

construction plans and spectftcetions which shall be submitted to the /Urport 

Manager and have approval of the City. All constmctlon shall meet the buikiing 

code requiremente of all applicable governing bodies. 

(h) The prospective lessee shall disckDse if the applicant has previously been held in 

default of any lease agreement, contract, license or permit relating to the 

operation of a business by a court of law or other cognizant legal authority. 

(i) The prospective lessee shall have a satisfectoiy credit rating. Refusal to submit 

necessary infomiation for making a credit appraisal shall disqualify the applicant 

from furtiier consideration. 

(i) The prospective lessee shall demonstrate a current financial net worth showing 

that he/she holds unencumbered currant assets in a total amount equaling at 

least three montiis' esti'mated maintenanoe and operating expenses. Applicant 

shall also demonstrate tiiat he/she has the capital required or unconditional 

financial baddng sultlcient to construct all leasehold improvemerite required by 

these standards and shall unconditionally commit to such construction within a 

specified period of time. If commilmente of the lease are not followed, tiie City 

may, at its option, fake necessary steps to foreclose on the performance bond. 

(k) All structures and improvemente hereafter erected or placed on the leasehold 

shall require the lessee to obtain the prior written approval tiiereof from the FfiA. 

For approval by the FAA, the lessee shall submit thereto, In triplicate, "Notice of 

Construction or Alteration" on FAA Fomn 7460-1, properly completed and 

accompanied by a map or sketch, prepared at a scale large enough to penrtit 

evaluation of the proposed buildings or stmctures with respect to airspace 

utilization and FAA Technical Standard Ord. N-18 and showing the height and 

dimensions of such buildings or stiuctures and their relationship to tiie Airport 

958.08 MINIMUM ACTiVrTY REQUIREMENTS. 

(a) Temi of Lease. A ground lease with no leasehotel improvemente existing at the 

time of the lease shall only be for a period of time sufficient for the lessee to amortize his/her 

cost of fixed capital improvements such as, but not limited to, construction of buildings, 

improvemente and paving of paridng lote or tiedown areas. The tenn or tiie tease shell be 

commensurate witii the value of the leasehold improvement If no leasehold improvement is 

made, the term of the lease shall be negotiable. 

(b) Conditfon of Lease. In all leases where the lessee constructe improvements or 

alters existing improvemente to the leased premises, including but not limited to buildings, 

parking lote, hangars and paridng aprons, such improvemente shall beconne tiie property of the 

City at tiie tennination of the lease unless the City detennines that it would not bie in ite best 

interest to own such improvements. In that event, tiie lessee shall remove such improvemente 

within sixty days of the termination of the lease at the lessee's sole expense. 

(c) Citv Buy-out of Improvements. The City, at ite option, may purchase any and all 

leas^old Improvemente or afteratfons to existing improvemente to the leased premises. The 

purchase by the City shall be at a negotiated price and be induded in the lease. Such prices 

shall be on a prorated basis defined In the lease during the term of tiie lease. 

(d) General. 
(1) BuiWing space requiremente may be provided in orxe building, attached 

buildings or separate buikjings. 

(2) ^ i applicante and their employees who are required to hold licenses and 

pemntts shall maintain such licenses and pennits during the course of tiie 

lease agreement 

(3) All persons offering any of the services or combinations thereof may do so 

only under written lease or agreement wfth the Airport owner. 

(e) Rates and Charges. All teases shall be subjed to negoti'ations with tiie City. 

Such teases may include but not be limited to the following financial arrangemente: 

(1) A standard rate: All lessees may pay to the City a standard rate which shall 

be detemnined by the fair mari^et value of die properties leased by the City 

to Uie lessee and remuneration for ancittery services and privileges 

provided by the City to the lease. 

(2) Percenteoe rental: 5n all leases except leases for nonrever»ue producing 

commercial activities, tiie lessee may pay to the City, in addition to the 

standard rate, such percentage of the gross revenue of the lessee's 

activities conducted at the Airport as Is mutually agreed to by both parties. 

(3) In addition, the City may impose upon the lessee, by lease, sudi otiier 

charges and fees as may be appropriate under the circumstances. 

(f) The provisions of these minimum standards shall in no way negate or cause to 

be null or void existing teases witii the Fixed Base Operators and Airport tenante at tiie 

Municipal Airport. No new leases or renewals shall be executed with persons at the Airport, nor 

shall amendmente to existing leases be executed unless they are made subject to the 

provisions of tiiese minimum stendards. 

(g) Any commercial aeronautteal activity not listed under SFBO or GFBO activities 

shall be reviewed and approved on ite own merit as Ihe occasion or need arises and shall then 

be included In these minimum standards. 

959.09 MANDATORY LEASE CLAUSES. 

(a) Lessee agrees to operate the premises leased for tiie use and benefit of the 

public: 

(1) To furnish good, prompt and efficient service, adequate to meet all tiie 

reasonable demands for ite service at the Airport. 

(2). To furnish such service on a fair, equal and nondiscriminatory basis to ait 

users thereof. 

(3) To charge fair, reasonable and nondiscriminatory prices for each unit of 

sate or service, provided that the lessee may be atkswed to make 

reasonable and nondiscriminatory discounts, ret>ate8 or otoer similar types 

of price reductions. 

(b) The lessee, his/her agente and employees shall not diecriminate against any 

person or dass of persons by reason of race, color, creed, sex or natfonal origin in provkling 

any service or in ttie use of any of ite taciliti'es provkied for tiie public, in any manner prohibited 

by part 152 of the Federal Aviation Regulations. The Icceee further agrees to comply with such 

enforcement procedures as the United States might demand that ttie lessor take in order to 

comply with the sponsor's assurances. 

(c) The l^sor shall be responsible for the payment of all properly taxes for the areas 

leased to it. The lessee shall be respoistble for the payment of all other taxes whether Ci^, 

State or Federal which arise or may arise as a result of ite operation conducted on ttie leased 

premises. 
(d) It Is understood and agreed that notiiing contained in the lease shall be 

construed to grant or authorize the granting of an exdusive right of service. 

959.10 MINIMUM INSURANCE REQUIREMENTS. 

The lessee shall be fully responsible and assume all risks from fire, storms and 

accidents to their own employees or the general public and shall take out and maintain 

appropriate insurance coverage as agreed to In the lease. Such insurance coverage shall be 

maintained during ttie term of the tease agreement. The City shall be named as an additional 

insured on each policy and shall be provided evidence of tiie existence of stipulated insurance 

in the form of copies of insurance policies or certiftcetes of insurance. The City shall be given at 

least thirty days' written notice of pcrffoy alterations, canceitatwns or deletions. 

The lessor reserves the right to increase or decrease tiie amount of minimum 

coverage required, commensurate with the type and extent of service to be performed. 

The lessee shall proted the public and the City from any and all lawfui damages, 

daims or liability caused by its operations at the Airport; and at ite sole cost and expense, 

provide premiseB liability In the minimum amount of one million dollars ($1,000,000) combined 

single-limit bodily injury and property damage. In addition, the City may require the lessee to 

provide product liability insurance In a minimum amount of one million dollars ($1,000,000) 

combined singte-limit. bodily injury and property damage. 

Where applical:^e, the lessee shall be required to provide and keep In force, during tiie 

term of the lease, hangariteepers liability insurance with the minimum amount being one 

hundred thousand dollars ($100,000) per aircraft for eadi occurrence. 

959.11 SPECIALTY COMMERCIAL AERONAUTICAL ACTIVITIES. 

The following specialty commercial aeronautical activities tiial are offered and/or 

provided, for compensation, in or from tiie Airport shall comply with the requirements set fortti 

below. These activities are credited to Uie person in folfillment of General Fixed Base Operator 

requirements. Any person engaging in two or tower of the below listed adivities shall be 

consktered a "Spedalty Fixed Base Operator". If a person engages in three or more of ttie 

below listed activities or two with a fuel dispensing operation, then ttie person shell comply with 

the regulations for a General Fixed Base ojierator. 

(a) Alrpraft Sates and/or Aircraft Rental. Any person wanting to engage in the sale 

or lease of new or used aircraft shall lease and/or provide as a minimum tiie 

following: 

(1) Land. The leasehold shall contain sufficient space for buikling(s), aircraft 

storage and ofT-street isarking. 

(2) BuildinqfsV Lease or consttud properiy lighted and heated space for oni(%, 

lobby area, and public restrooms. 

(3) Personnel. One person having a valid FAA pilot certificate with ratings 

appropriate for ttie types of aircraft ofl'ered for sate or lease. 

(4) Service^. Provide for adequate servidng of aircraft and accessories during 

warranty periods (new aircraft only). 

(5) Hours of operation. The normal operating hours shall be at the operator's 

discretion. However, operator shall be open not less than twenty hours per 

week and shouki be reasonably avaiiabte to ttie public. 

(Ord. 01-299. Passed 8-21-01.) 

(b) Flight Instmction. Any person wanting to engage in pifot flight InsbTjdion, 

induding ground sdiool, and/or aircraft rental shall provide as a minimum ttie 

following: 

(1) Laryi. The ieasehokl shall contain suffldent space for building(s), aircraft 

storage, and off-sti-eet pariting. 

(2) Buildings. Lease or consfa-ud properiy lighted and heated space for 

classroom and/or briefing room, lobby area, office, and public restroom 
facilities. 

(3) Personnel. One person holding a valid commerdal plot certificate witti 

ratings appropriate for the types of aircraft ofl'ered for rent If flight 

inatruction is offered, tiiat person should hold a current flight instaidor 

certificate witti ratings appropriate to the type of training offered. 

^ QL ^4 ) Aircraft. Not less than one properiy certifi(iated aircraft owned or leased in 

*-"^ ^1 - -" ^ writing to the lessee. If flight Instruction Is offered, such aircraft shall be 

6S^' •:, • equipped for flight instrudion. 

. c ^ ,>c-'^(5) Houre of operation. The normal operating hours shall be at the operator's 

i'V'A'^'^" . o?' discretion, but he/she should be reasonably available to ttie public. 

' ^- ^ (Ord. 01-299. Passed 8-21-01.) 

O^- (c) Charter Operations. Any person wanting to engage In charter operations shall 

hold an FAA Air Taxi/Commerdal Operator (ATCO) certificate (issued under FAR 

Part 135) or an Air Carrier/Commerdal Operator certificate (issued under FAR 

Parts 121 or 127) witti operations specifications covering the services offered 

and ail certificates required by the Civil Aeronautics Board. The following shall 

be provided at a minimum: 

(1) Land. The teasehdid shali contain suffident space for bulkling(s), aircraft 

storage and off-street parking. 

(2) Building(s). Lease or construd properiy lighted and heated space for office, 

lobby area and public restrooms. 

(3) Aircraft At least one properiy certified four-place aircraft or aircraft with not 

less ttian 500 pounds payload capacity owned or leased by the person. 

(4). Houre of ooergtlpr^. Normal operating hours open not less than five days a 

week. Hours of operation for commercial operators are at the lessee's 

discretion. 

(d) Alrirame and Poweppfont Repair. Any person wanting to engage in airframe and 

power plant repair service shall provide as a minimum the following: 

(1) Land. The leasehold shall contain suffident space for building(s), aircraft 

storage and off-street periling. 

(2) Buildipps. Lease or construct properiy lighted and heated space for aircraft 

maintenance area, office, fobby area and public restrooms. The aircraft 

maintenance area shall meet State and local industiial code requiremente. 

(3) Personnel. Not less flian one person cunrentiy certified by FAA with ratings 

appropriate for work being performed. 

(4) Equipment. Suffident equipment, supplies and avaltablllty of parts to 

perform maintenance in accordance with manutocturer's recommendations 

or equivalent for the work being perfonned. 

(5) Houre of operation, Normal operating houre open not less than five days a 

week. 

(e) Aircraft AccegjsoriQs Installation and Repair. Any person wanting to engage in 

the installation or repair of aircraft accessori^, including avionics and aircraft 

instruments, shall provide as a minimum ttie folfowing: 

(1) Land. The leasehold shall contain suflident space for building(8), and offstreet parifing. 

(2) Buildirias. Lease or construct properiy lighted arid heated space for woric 

area, office, tobby area, and public restrooms. The work area shall meet 

State and local industrial code requirements. 

(3) Personnel. Not less than one person witti ratings, licenses and pemnite 

appropriate for work being perfomied. 

(4) Equipment. Sufficient equipment, supplies and avaiiability of parts to 

perform maintenance In accordance with manufadurer's recommendations 

or the equivalent for the work being performed. 

(5) Hours of operation. Normal operating hours open not less than five days a 
week. 

959.12 GENERAL FIXED BASE OPERATOR. 

A General Fixed Base Operator shall be a primary business commercial operator 

providing: 

(a) Three or more of the above SFBO activities; or 

(b) Two or more of the above SFBO adivities plus aircraft fueling services, who shall 

be authorized to do business or to provide goods or services for compensation at 

the Airport If a person offers three or more of tiie SFBO activities, the person 

has ttie option of engaging in fuel dispensing operations; provided, the GFBO 

complies witii the requirements contaned in diviston (d) of this section. 

(c) Any business wanting to be an GFBO shall meet the minimum requirements set 

out t>elow: 

(1) Land The leaochold for multiple activities shall contein space to provide for 

use area requiremente established for the service to be offered (use spaces 

need not be additive where combination use can be reasonably and 

feasibly established). 

(2) Buildina(sV Lease or construd a buiiding(s) to provide properly lighted and 

heated space for office, public founge, publte telephone, briefirvg and/or 

classroom and public restrooms. All SFBO actt\^tie$ used to meet GFBO 

status shall conform to the space and use requiremente of the spadfic 

SFBO activity engaged In. 

(3) Personnel. The personnel required for each SFBO operation shall be 

required. However, multiple responsibilities may be assigned qualified 

personnel to meet these personnel requirements. 

(4) Aircraft All requiremente for the spedflc SFBO activities shall be met. 

Multiple use of aircraft, where appropriate, can be used to meet these 

requiremente. However, if aircraft are required for any of the SFBO 

operations used to obtein GFBO status, then a minimum of two properly 

certificated aircraft shall be owned or under the dired contrd by lease and 

based on the lessee's leasehold. 

(5) Eouipment. All equipment ^secificatly required for each activity shall be 

provided. 

(6) Servipes. All sen/ices specifically required for each adivity shall be 

provided during the hours of operation. 

(7) Hours of operation. The hours of operation shall be eight hours a day, five 

days a week. 

(d) If the GFBO proposes to provkle fuel dispensing operations, the person shall 

provide as a minimum the fdtowing services and fadlities in addition to ttie 

requirements of tiio SFBO activittes undertaken to obtain GFBO status: 

(1) Lqnd. The leasehold shall contain sufficient space to provide for buildings, 

aircraft parking area equipped with six tiedowns and aviation fueling 

equipment. 

(2) Personnel. One properly trained person shall be on duty during operating 

hours. 

(3) Aircraft sen/'Ice equipment. Shall comply with fueling precautions and 

procedures of the Municipal Airport 

(4) Flight line services. The following servtees shali be provided by the GFBO 

at a minimum: 

A. Fuel, park, and tiedown of aircraft. 

B. Wash airo-aft. 

C. Inflate tires. 

D. Sell lubricating dl. 

E. Sell fuel antiHce fluid. 
F. Provide transportation for aircraft ocaipante from parking ramp to 

office. 

(5) Fuelino facilities. Applicant stiall construd or lease two metered filterequipped fuel storage tanks for dispensing aviation gasdine and jet foel on 

the Airport premises in areas designated by the Airport Layout Plan. The 

storage tanks shall have a minimum capacity of 8,000 gallons for aviation 

gssotine and 10,000 gallons for jet fuel. If merits dispensing trucks are 

used, each tnidc shall have a minimum capacity of 1,000 gallons for 

gasoline and 1,000 gallons for jet fuel. Separate dispensing pumps and 

meters for each grade of fuel is required. 

(6) Hours of operation. Fueling servtee shall be provided seven days per 

week, a minimum of twelve houre per day. 

(7) Fuel commftment Persons wanting to fuel aircraft shall demonstrate that 

they have a commitment from a fuel supplier to supply all fuel. Such 

commitment shall be in writing from the ftiel supplier and shall specify the 

types and volumes of fuel available to the applicant. 

(9) Fuels required. One of the followng aviation gasdine grades shall be 

provkied: 

100/130 octane avgas 

100 octane low-lead avgas (100 LL) 

One of the following jet fuel grades shali be provided: 

JP-4 

JP-5 

Jet-A 

If fuels ottier ttian those required in this section are offered, ttien the 

requirements pertaining to tank capacity need not apply to these additional 

fuels. 

959.13 OTHER AERONAUTICAL RELATED COMMERCIAL ACTIVITIES. 

(a) Any person wanting to engage in the other aeronautical related commercial 

adivities other than those listed as spedalty commercial aeronautical activities or dispensing of. 

fue\ and which support aeronautical activities shall comply witti ttiese requiremente listed in tills 

section. Activittes whfoh fall under this definitton may include the followflng: 

(1) Banner towing and aerial advertising; 

(2) Aerial photography or survey; 

(3) Firefighting or fire patrol; 

(4) Power line or pipeline patrol; 

(5) Agricultural aerial applications; 

(6) Professfonal services where aeronautical activity is more than inddental to 

the services; 

(7) Aircraft Inspiadions whtoh must be performed by a FAA licensed inspedor 

and made pureuant to applicable Federal Aviation Regulations. 

(b) These commerdal adivities shall not be credited towanJ General Fixed Base 

Operator or Specialty Fixed Base Operator status. 

(c) Each applicant wanting to engage in otiier commercial aeronautical activittes 

shall make application pureuant to Section 959.06 and provide to the Airport Manager in writing 

tiie following: 

(1) A full description of tbe prqaosed other aeronautkal related commerdal 

activity; 

(2) If needed, a copy of any waiver to any FAR's required or used in the 

proposed operations; 

(3) If needed, a copy of any restrictions placed on any alrdaft not certificated in 
ttie standard airworthiness category. 

(d) The space and terms of the lease shall be negotiated between ttie applicant and 

the City. However, It Is the City's intent to control commerdal activities in or from the Airport to 

assure that such adivities are in the best interest of ttie public. 

959.14 PROHIBITION. 

No person shall periderm commercial aeranautk:al adivities or other aeronautical 

related commercial activities on ttie premises of tiie Springfield-Beckley Munidpal Airport unless 

such activities are performed under the authority of a valid license issued pursuant to Sectfon 

959.06 of this Chapter. 

959.15 INJUNCTION. 

In addition to ottier remedies which the City may have to enforce this chapter, tiie City 

may also seek a court injunction against continued violation of this chapter and any order issued 

pursuant thereto. 

959.16 FUEL FLOWAGE FEES. 

General Fixed Base Oparatore and Spedalty Fixed Base Operators shall pay to the 

City a Fuel Ftowage Fee of Eiglit Cente (8^) per gallon on each gaik>n of fuel pumped from o 

fuel tank owned by tiie City and leased to ttie General Fbced Base Operator or ttie Specialty 

Fixed Base Operator, The City Manager may promulgate regulations spedfying times for 

payment of the Fuel Ftowage Fee, for reporting of fuel flowage by the General Fixed Base 

Operatore and the Specialty Fixed Base Operatore and for audits of such reports. All foel 

measuring devices used by General Fbced Base Operators and tiie Specialty Fixed Base 

Operatore in connection witii pumping fuel from a foel tank owned fay the City and teased to the 

General Fbced Base Operator or the Spedalty Fixed Base Operator must be certified accurate in 

compliance witti all applicable taws and regulations, 

(Ord. 08-222. Passed 7-15-08.) 

959.99 PENALTY. 

Except as ottierwise provided, whoever vfolates any provisfon of this chapter, or any 

aile, regulaticxi or onjer issued thereunder, shall be guilty of a misdemeanor of the third degree, 

punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not 

sxceeding sixty days, or both such fine and imprisonment. 
WtSlfA EXHIBIT ^^E 
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DOC 13 

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CERTIFICATE OF SERVICE 

I, Joseph Michael Lamonaca, Esquire do liereby certify that I 

am this 12th day of October, 2010 serving the foregoing Complaint 

upon the following persons and in the following manner: 

FEDERAL EXPRESS: 

Andrew J. Burkholder, Esquire 

City of Springfield 

Office of the Law Director 

76 East High Street 

Springfield, Ohio, 45502 

Federal Aviation Administration 

Office of the Chief Counsel 

FAA Part 16 Airport Proceedings Docket, AGC-610 

800 Independence Avenue, S.W., Room 925 

Washington, DC 20591 

PH MICHAEL LAMONACA 

M'TORNEY AT LAW 

PO Box 10853 

Wilmington, DE 19850-0583 

(610) 558-3376 

(302) 221-2347 fax