Santa Monica Airport Office of the Director 3223 Donald Douglas Loop South Suite 3 Santa Monica, CA 90405

(310) 458-8591 

## FAJ< (310) 572-4495 April 14,2008 EXHIBIT



# I :Ti?I157 City of Santa Monicailll

AIR GROUP INC 7426 HAYVENHURST AVE VAN NUYS CA 91406-2803

Dear Santa Monica Airport User:



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# , I Re: Santa Monica Airport - Implementation of Ban on Category C and 0 Aircraft.

On March 25, 2008 the Santa Monica City Council adopted an ordinance restricting aircraft operations atthe Santa Monica Municipal Airport (SMO) to aircraft designated bythe Federal Aviation Administration (FAA) as Category A and B aircraft. The Santa Monica Airport is designed to handle such aircraft, which have approach speeds of less than 121 knots. Operations by Category Cand Daircraft are prohibited bythe ordinance. The new ordinance will go into effect on April 24, 2008, after which only aircraft in the FAA designated A & B categories will be allowed to operate at SMO. Attached foryour reference is atable explaining FAA aircraft approach speed categories. Also you can visit the following FAA linkto determine which category your aircraft falls under: http://www.faa.gov/airports airtraffic/airoorts/construction/aircraft char database/. 

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# i t Note: In general, the new ordinance provides that, except in the case of a bona fide emergency, no person operating acategory Cor 0 aircraft, as defined by FAA's standards, shall land or depart from the Santa Monica Municipal Airport afterApril 

### 23, 2008. Penalties for violation of the Ordinance include misdemeanor prosecution with punishment of afine not greater than One Thousand Dollars 

### ($1,000) or imprisonment in the County Jail for not more than six months, or both. The Ordinance is available for viewing at www.smgov.net or www.santamonicaairport.org (airport website). Users of Santa Monica Airport, who utilize fractional share aircraft, may want to consult with their fractional share operators. As noted on their websites, the following fractional operators allow their participants to change to aircraft in compliant categories: Net jets: http://www.netjets.comffhe%20NetJets%20Program/netjetsprogram overview.asp Flexjet: http://www.f1exjet.com/home.html; and Flight Options: http://www.f1ightoptions.com/aboutoverview.html

Over PleaseI also advise that you periodically check the Santa Monica Airport's internet site at

www.santamonicaairport.org for updates. "

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~ Robert , nmborn Air rt Director Santa MonicaAirport 

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FAA Designated Approach Categories
According to FAA Advisory Circular 150/5300-13, Airport Design, an aircraft's approach category is based upon 1.3times its stall speed atthe aircraft's maximum certificated weight.

Category A: Speed less than 91 knots Category B: Speed 91 knots or more but less than"121 knots Category C: Speed 121 knots or more, but less than 141 knots Category D: Speed 141 knots or more, but less than 166 knots Category E: Speed greater than 166 knots 

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# I I I The five approach categories used are asfollows:APR-21-~08 13:23 From:LEONRRD GREEN i 31095'\0035 To:3107256847

April2l,2008 Charles Erhard Manager FederalAviation Administration Airport Compliance Division (AAS400) 800 Independence Avenue, SW Washington. DC 20591 Delivered via FAX: 202-267-5257 Mark McClardy AirportsDivision Manager AWP-600 FederalAviationAdministration Western Pacific Region, Airports Division 15000Aviation Boulevard Room 3012 Lawndale, CA 90261 Delivered via FAX:310-725-6841 Dear Messrs. Erhard and McClardy: I write to express our utmost concern regarding the City of Santa Monica's ordinance banning Category C and D aircraft from SantaMonica Airport (please see attached letter for additional information). Our firm, Leonard Green &Partners, L.P.) islocated in West Los Angeles, near the City of Santa Monica. Our ability to effectively and efficiently meet OUf obligation toour stakeholders depends inpart oncontinuing to operate ourthree aircraft from SantaMonica Airport. We have operated from Santa Monica Airport forfive years and recently signed a lease for additional hanger space tohouse ourthird aircraft. Two ofourthree planes based at SMO. a Challenger 601-3A and a Challenger 601-3R, are impacted by the City ofSanta Monica's ban. Therefore; unless the FM 

### moves to stopthe City ofSanta 

### Monica.flom enforcing 

### this ban. it

## wouldbeimpractical 

### forus to operate out of Santa Monica Airport. Though we view it as a significantly suboptimal solution, wewould relocate ouraircraft andoperate from VNY and LAX.

11 III SANTA MONICA I!lLVO. SUITE 2000 LOS ANGELES, CA 900;a!S (310) 9$4-0444 FAX (310) 954-0404APR-21-2008 13:25 From:LEONARD GREEN 3109540035 To: 13107256847

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### January 24,2007
Because wewill use ¥NY primarily for aircraft storage and maintenance and use LAX primarily for passenger pick-ups and drop-offs, each passenger round-trip will require four operations at LAX andtwo operations atVNY. Thus, forourthree aircraft operation alone, there would be an impact oftwo to three additional operations per day at LAX. Wh;ilewe are not aware of any environmental impact study onLAX ofthe Santa Monica Airport ban, we would beinterested in seeing suchareport since itwould shed light onto ourfuture operations from LAX. To summarize, the impact ofthe ban to our operation would be adverse and great. We urge the FAA to take whatever actions necessary to halt the City of Santa Monica's enforcement ofthis ban prior to April 24, 2008. Unless and until there is resolution On this matter, we will be relocating ouroperations, hopefully temporarily. toLAX andVNY.

Cc: DanBurkhart, Director, Regional Programs, National Business Aviation Association JayBecker, Gunnell Properties Attachment: Letter from City ofSantaMonica reoBan onCategory C andD Aircraft