2018-11-14 PacketCHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14, 2018 Item Number: 3.B.
Subiect:
Work Session - Virginia State University Update
County Administrator's Comments:
County Administrator:
Board Action Requested:
Summary of Information:
Dr. Makola Abdullah, President of Virginia State University, will update the
Board of Supervisors regarding the university's activities and
accomplishments.
Preparer: Matt Harris Title: Deputy County Administrator
Attachments: ■ Yes No #
C-� nul
m
w
7
Ilk
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
4GENDA
Page 1 of 1
Meeting Date: November 14, 2018 Item Number: 3.C.
Subiect:
Work Session - John Tyler Community College Update
County Administrator's Comments:
County Administrator:
Board Action Requested:
Summary of Information:
Dr. Edward "Ted" Raspiller, President of John Tyler Community College (JTCC),
will update the Board of Supervisors regarding the college's activities and
accomplishments. Others from JTCC who will take part in the presentation
include Ms. Elizabeth Creamer, Vice President of Workforce Development and
Credential Attainment, Community College Workforce Alliance; Mr. Fred Taylor,
Director of Governmental and Administrative Services; and Ms. Holly Walker,
Public Relations Manager.
Preparer: Matt Harris Title: Deputy County Administrator
Attachments: ■ Yes F-1 No #
0:00003
Chesterfield residents attending Tyler
* 2017-18: 8,652
* 2016-17: 8,291
Chesterfield residents enrolled in:
- Transfer Degrees: 39%
-Career &Technical: 11%
• Certificate Programs: 3%
• Pre -major: 47%
10/31/2018
CC 1:13 3' I I G J
0
High School Students and Tyler
Dual Enrollment
• 2,539 Chesterfield high school students in 2017-2018
• 19,730 credit hours taken in 2017-2018
• Course subjects include: biology, college composition,
HVAC, applied calculus, web page design, anatomy,
electricity, Cisco, literature, history, Spanish, database
management, chemistry
High School Students and Tyler
Concurrent High School Programs
• 21 Chesterfield high school students are enrolled in
Tyler's Advanced Manufacturing High School Program in
Precision Machining
• Gives students the opportunity to learn in Tyler's state-of-
the-art machining labs
• Students who complete earn a Career Studies Certificate
in Basic Precision Machining Technology before they
graduate high school
• Students can also earn industry -recognized credentials
through National Institute for Metalworking Skills (NIMS)
10/31/2018
00 -a -o-11
N
Community College Workforce Alliance
'14
0;�
1'4/0"/ftjq
lfhg'Hours
Community College Workforce Alliance
• Trained nearly 700 Chesterfield residents in various courses
and certification programs
• Worked with 21 Chesterfield organizations, including:
• HillPhoenix
• Joyce Engineering
o Call Federal Credit Union
o Chesterfield County Department of Social Services
• Participated in outreach efforts in the county, including:
• Chesterfield Chamber of Commerce events and meetings
• Chesterfield County Board of Supervisors presentation
• Greater Southport Association meetings
• Midlothian Business Alliance meetings
10/31/2018
3
Career Clusters at Tyler
• Advanced Manufacturing, Architecture, Construction and
Skilled Trades
• Arts and Communication
• Business, Management, Finance, Hospitality Management
and Marketing
• Education
• Engineering, Computer Science and Natural Science
• General Transfer
• Health Sciences
• Government, Human Services, Law and Public Safety
• Information Technology
New Offerings at Tyler
Programs
• Advanced Manufacturing Technology
• Nurse Aide/Medication Aide
• Massage Therapy
• Theatre
• Theatre, Technical Theatre Specialization
Career and Major Explorer
0 Online Career Coach (www.utcc.edu/careercoach)
10/31/2018
0
C
ILI
Connecting to Tyler
Contact the Office of Student Engagement
Visits schools; participates in career fairs, college days, and
community activities; and holds open houses at Tyler
info(a-)_6tcc.edu
Tour Tyler
www.itcc.edu/tours
Follow Us on Social Media
Facebook, Instagram, Twitter, and Linkedln
Renovation & Expansion Project
• $34 million construction project
• Nicholas Center — Renovation and Expansion
■ 24,500 sq. ft. addition for a new workforce development
center
■ Technical skills lab
■ Conference and meeting spaces; classrooms; and
student support
• Bird Hall Renovation
■ Nursing and EMS classes and high-tech labs
■ Natural science labs
• Project to be completed in summer 2019
10/31/2018
5
Nicholas Center
100
10/31/2018
10/31/2018
Thank
•
We appreciate our ongoing
partnership with
Chesterfield County.
TYIER www.jtcc.edu
J
'!4A
Page 1 of 1
Meeting Date: November 14, 2018 Item Number: 3.D.
Subject:
Work Session - Human Resources Annual Report for Fiscal Year 2018
County Administrator's Comments:
County Administrator:
Board Action Requested:
Hold a work session to present the HR FY18 Annual Report to the Board.
Summary of Information:
Mary Martin Selby, Director of HR, and Nancy Brooking and Candace Lackey,
Assistant Directors, will present HR's FY18 Annual Report to the Board of
Supervisors, and HR staff will be available to answer questions.
Preparer: Mary Martin Selby Title: Director of Human Resources
Attachments: � Yes 0 No # 000017
What We're Doing to
Recruit, Reward and
Retain
Human Resources Fiscal Year 2o18Ann uaI Report
Presentation to the Board of Supervisors
About HR...
Page
November 14, 2018
11/13/2018
11/13/2018
HR Vision & Objectives
Vision
To Provide HR Programs and Services in Support of
a High -performing Workforce and Organizational Excellence
Objectives
• Attract quality applicants and identify effective recruitment mediums for hard -to -fill positions
• Develop, implement and assess effective retention strategies
• Promote employee engagement and wellness
Cultivate relationships with organizational leadership with the goal of being a trusted and valued resource
programs and services and partner with customers to create effective HR business solutions
Implement performance plan and align with Blueprint Chesterfield
Compensation & Benefits
Page 2
11/13/2018
Challenges & Opportunities
How do we attract and retain quality employees
in the future?
• Competitive pay and benefits
• Build our talent pool — succession planning
• Innovative recruitment strategies that appeal to high
caliber applicants
Work/life balance culture
Ways We Recruit...
Page 3
11/13/2018
HR... Out In The Community
chamber RVA
• Community Meetings
798
547 Full Time
• Matoaca Middle School
T T C T T
Advertisements
• Midlothian Middle School
y FY17: 1,161
• Mission Tomorrow, Chamber RVA
MISSION
251 Part Time
Processed
TOMORROW
• Fall First Choice Community Job Fair
RVA@
6
• RVA Career Expo
CAREER EXPO
Veterans
• Spring First Choice Career & Education Fair
Hired
• VCU Government and Public Service Career Fair
Select Chesterfield County
• VCU Non-profit and Social Services Fair
L
II
• Virginia State University
Benefits Package
• Virginia Union University Career Services
Job Security
• Virginia Workforce Conference, V3 Program
VIRGINIA
�
Volunteer Fair at Chesterfield Towne Center
Virginiavai—veterans V3 Grogram
Recruitment and Talent Acquisition
798
547 Full Time
Job
♦ FY17: 425
Advertisements
y FY17: 1,161
45,770
Applications
251 Part Time
Processed
4, FYI 7:372
Jr FY17:51,275
6
59
Senior Leader
Veterans
Recruitments
Hired
Top 3 Reasons Applicants
Select Chesterfield County
as a Place to Work
...:............
Opportunities for Advancement
Benefits Package
Job Security
Page 4
11/13/2018
Applicant Clearance Process
Drug and Alcohol Testing
2,822
Tests Conducted
19.1% t
from 2,369 in FY17
83%
Tests Conducted
at the
Employee Medical Center
Background Investigations
Background
Investigations
7% T
from FYI ,
364
Education /
Verifications
Page 5
Internal
Hires
Percent of Vacancies Filled Internally FY14 - FY18
29%
27%
28%
27%
25°A
26%
23%
24%
21%
21%
19'0/0
1796
1S%
FY14 FY15 FY16
FY17 FY18
Applicant Clearance Process
Drug and Alcohol Testing
2,822
Tests Conducted
19.1% t
from 2,369 in FY17
83%
Tests Conducted
at the
Employee Medical Center
Background Investigations
Background
Investigations
7% T
from FYI ,
364
Education /
Verifications
Page 5
Ways We Reward...
Compensation Highlights
Average Salary
#444M"
t FY17
$54,012
ployees Below
Midpoint
FY17
Comparatio
Special Salary
Adjustments
81
t FY17
46
11/13/2018
Page 6
11/13/2018
Health and Dental Benefits - County
fEfap m—, COBRA
ML L , , iS RfrYnN)
C.O. for SNt- —ed
/lemon Plan.
(EMPWY*@e, COBRA ana
Br�ee.l
HeafthcaPe d�1��arYlYu
EnrofMfeot 019181ws.0u Mdk*M)
65-627
65•5OS
Comm
* Wd". bWk «.my cops
&ad ep* ) , r.m« cern
Summary of Offerings
o LumenosHDHP—Designed to
empower you to take control of
your health, including the
dollars you spend on
healthcare for you and your
family.
o Healthkeepers POSzS—This
plan is like an HMO, because
you are required to obtain most
of your healthcare services
from your PCP (Primary Care
Physician).
o Keycare iS+ PPO —This plan is
only for our out-of-state
retirees and workers, but is
closed to new enrollees.
201.9 Health Care Rates
Page
MONTHLY RATES
Health Care
Full-time
2019 Rates
Employees
Total
Employer
Employee
PLAN & LEVEL
Enrolled
HK 25 OA POS
Employee Only
$649.00
$582.00
$67.00
1,495
Employee+Child
$1,040.00
$740.00
$300.00
321
Employee+Children
$1,269.00
$813.00
$456.00
216
Employee + Spouse
$1,269.00
$813.00
$456.00
193
Family
$1,918.00
$1,233.00
$685.00
419
HDHP with HSA
Employee Only
$595.00
$573.00
$22.00
281
Employee + Child
$952.00
$740.00
$212.00
25
Employee+Children
$1,161.00
$813.00
$348.00
34
Employee + Spouse
$1,161.00
$813.00
$348.00
25
Family
1$1,754.001
$1,233.00
1 $521.00
96
Page
4000
3500
3000
2500
2000
1S00
1000
s00
0
Health Care Benefits — 2o19 Trends
s Localities in the region - 7 to 9 percent rate
increase; county's rate increase - 3 percent.
e Lower increase due to continued enrollment
in the C -Fit Wellness Incentive Program, EMC
visits and increase in HDHP with HSA.
Employee Wellness
Proven Results
Employee Preventive Care
Conditions Related to Physical Activity and
Nutrition
2500
2000
10500
300
SOO
0
rtypenms HghCholeSWOr D,aoe La, BMti Fa n
■2C13 2 201 5 201 72016
Results Include Chesterfield County Government and Schools.
11/13/2018
Page 8
3
Adut Wee V"s Choiest&of S<r—ngs
ANC�mmunizntwns
■ 2013 2 2034 • 2015 1 2016 •2017
Conditions Related to Physical Activity and
Nutrition
2500
2000
10500
300
SOO
0
rtypenms HghCholeSWOr D,aoe La, BMti Fa n
■2C13 2 201 5 201 72016
Results Include Chesterfield County Government and Schools.
11/13/2018
Page 8
11/13/2018
+ 2,852 Wellness Visits
19113 Physical Exams
1,146 Occupational Injuries
295 Radiology (x-rays)
Employee 2,579 ®'t
Drug & Alcohol Tests
Medical Reduced the amount of
office visit claims
submitted to Anthem
Center by $456,320
Coordinated clinics to provide
3,384 flu shots to employees,
Services retirees and spouses
Provided
1,333 Vaccines/ Flu Shots
1,769 TB Skin Tests
&L—Services are provided to County and Schools employees.
Page 9
11/13/2018
Employees Contributing to their Retirement
Deferred Compensation
• Employees Deferred $6.8 million
in FY18
• 56% of Employees are Enrolled
Leave Utilization
Average Days Used FY18
Paid Time Off22AverageDays
Traditional Leave 34 Average Days
0 5 10 15 20 25 30 35 40
Page 10
11/13/2018
Employee Assistance Program
Utilization Rate 4, from FYI
Healthy Utilization 73%
35% Employee 64%
]% Mate Utilization Female
[t% Luizatlon Utilization
• q. .. �. 4.8%
- EAP
Utilization
7%
Dependent Spouse
Utilization Utilization
Ways We Reta in...
Page 11
11/13/2018
Reasons Our Employees Stay
Employees Say: Work Environment Results
1. My job provides the opportunity • Employee Engagement Survey
to do challenging and interesting • 2017 Results
work.
Ways We Keep Employees Satisfied
Employee Resource Groups
Flex Schedules
Learning & Development
Career Development Plans
Medical center & Wellness Program
Tuition Assistance
Telework
Page 12
County US National Public Sector
2. My job makes good use of my
Favorable Norms National Norms
skills and abilities.
Norms
3. 1 am treated with respect as an
71.1% 67.8% 63.4%
individual.
4. 1 feel proud to work for
Chesterfield County.
Ways We Keep Employees Satisfied
Employee Resource Groups
Flex Schedules
Learning & Development
Career Development Plans
Medical center & Wellness Program
Tuition Assistance
Telework
Page 12
Turnover...
A Comprehensive Review
Chesterfield County Turnover Trend
14.0%
12.4%
12.0% 11.1% 11.2%
10.0%
8.0% 6.8% 6.4% 7.1%
6.0% 5.9% h6.4% 5.3%. 5.9%
4.3%
.0%
2
0.0%
FY16 FY17 FY18
■Voluntary Tu -ver ■ involuntary Turnover • Traditional Turnover ■Mtual Turnove•
Turnover...
A Comparison
Total Turnover Benchmarking
State/Local 18.5%
Chesterfield 12.4%
Henrico 11.5%
Richmond 11.3%
Hanover
,\v
1.0% 3.0% 5.0% 7.0% 9.0% 11.0% 13.0% 11.0]LO' Ir't7
11/13/2018
Page 13
HIS Actual
FY18
FY18
Y18 COUNTYWIDE Total
FY18
Turnover
FTEs Traditional
Probationary
TURNOVER RATE Separations
Retirements
(minus probationary
Turnover
Separations
& retirements)
Y18 TOTALS 427 3430 12.4%
111 (3.2%) 1 115(3.3%)
5.9%
Turnover...
A Comparison
Total Turnover Benchmarking
State/Local 18.5%
Chesterfield 12.4%
Henrico 11.5%
Richmond 11.3%
Hanover
,\v
1.0% 3.0% 5.0% 7.0% 9.0% 11.0% 13.0% 11.0]LO' Ir't7
11/13/2018
Page 13
County Demographics...
(plus other facts & figures)
Workforce Demographics
Full Tune
i%*
S� . - Part nwe
At a Glance...
25%
21 75% Minorities
ucasian
Average Age
Average Age
Excluding
Public Safety
Fears
11/13/2018
Page 14
3000
2500
2000
1500
1000
Soo
0
Minority Workforce
5 -Year Trend
260.3 1611 7b48 2603 2580
i2l
i:j
1:1
i2l
75%736 746 785 815 850
25%
FY14 FY15 FY16 FY17 Yih
■ FT Non Minority Employees ■ FT Minority Employees
Promotions Over RecentYears
Women and Minorities
5No - 44%
45% -- 41%
40% 36%
35% _
30% 24%23%
25%
20% 16%
15%
10%
5%
0%
FY16 FY17 FY18
--*—Percent of Promotions to Women =..e— Percent of Promotions to Minorities
11/13/2018
Page 15
Grievances and Investigations
y ..
Grievances II
EEO Investigations
Determined Not
Grievable - i
No Change From FY17's
11 EEO Investigations
No Change in Discipline - i
Modification in Discipline - 4
HR Regional Collaboration
Hosted in Chesterfield County
Topics
uOverview of the six steps to a successful investigation
A
In questions to ask
• Specific legal considerations:
d Handling difficult witnesses
M How to reach conclusions and recommendations
11/13/2018
Page 16
Future Initiatives
Countywide Career
Development Plans
Enhanced HR Training
for Managers/Supervisors
Specialized Recruiter to
A*', Roll Out New Recruitment
Initiatives for Hard -to -Fill
Positions
Countywide Salary Study
of Targeted Classifications
and Pay Equity Study
Realtime Dashboard
for HR Metrics
11/13/2018
Page 17
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: November 14, 2018 Item Number: 3.E.
Subiect:
Work Session - Environmental Engineering Update
County Administrator's Comments:
County Administrator:
Board Action Requested:
Summary of Information:
Mr. Scott Smedley, Environmental Engineering Director, will update the Board
of Supervisors regarding the Falling Creek Reservoir Restoration project,
part of the county's Chesapeake Bay TMDL compliance plan, and initiatives in
the upper swift creek watershed that are protective of local water quality
and the Swift Creek Reservoir.
Preparer: Scott Smedley
Attachments: 0 Yes El No
Title: Director of Environmental Engineering
11/l/2018
11/l/2018
Upper Swift Creek Watershed
2
11/1/2018
11/1/2018
Larger 5-10 gallon Smaller whips
w
Retrofit "older" residential stormwater outfalls
No Treatment
"Him
• Create incentive for developers to build oversized BMPs, thus creating
nutrient credits
�i•,ni 411E 41 p
Chesapeake Bay TMDL
❖ Protect Swift Creek Reservoir
2014 — Virginia Stormwater Management Program
Rainfall depth 0.5 inch1 inch
Treatment area impervious pervious & impervious
• Commercial projects now required to treat to more stringent standard
• 14 projects completed since 2014
11/1/2018
R
Upper Swift Creek Watershed (19.1-540)
® Aeration reauirement for all new stormwater aonds.
® Include Green Infrastructure & Low Impact Development Requirements
• Reduce impervious (i.e. grass driveway strips, permeable pavers)
• Rooftop disconnect with french drain/dry well
Streetscape tree canopy
® Include incentive to reduce lot size, increase open space/tree canopy.
Tree canopy requirements - evaluating options of crediting only a portion of the RPA.
Residential
r•:r
Green
k&yl-t
11/1/2018
0
11/l/2018
,ell, 101 1,) 10 4-.1
11/l/2018
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page I of I
AGENDA
Meeting Date: November 14, 2018 Item Number: 3.F.
Subject:
Work Session on Chesterfield County and Chesterfield County Schools
Supplemental Retirement Plans
County Administrator's Comments:
County Administrator:
Board Action Requested:
Work session only. No action required.
Summary of Information:
Staff will present information on the County Supplemental Retirement Plan and
the Supplemental Retirement Program for Employees of Chesterfield County
Schools. The School Plan requires, at least annually, reporting by the Plan
Administrator to the Employer, the Chesterfield County Board of Supervisors,
the Chesterfield County Administrator, and the Audit and Finance Committee.
Presentation materials, and the required School report are attached to the
item. The School report was presented to the School Supplemental Retirement
Plan Administrative Committee on October 19, 2018 and the County Audit and
Finance Committee on November 9th.
Preparer: Allan M. Carmody
Attachments: 0 Yes F-1 No
Title: Finance Director
0,600048
Report on the Supplemental Retirement Program
for Employees of Chesterfield County Schools
November 13, 2018
Submitted to:
Chesterfield County Board of Supervisors
Chesterfield County School Board
Chesterfield County Audit and Finance Committee
Chesterfield County Administrator
Submitted by: Plan Administrator, Dr. Mervin Daugherty, Superintendent of Chesterfield
County Schools
Signed: .
Background
The Supplemental Retirement Program for Employees of Chesterfield County Schools, being the
plan noted as an Amendment and Restatement effective July 1, 2017 (the Plan), requires periodic
reporting to those listed above, at least annually.
Summary
In summary, the Plan is operating with the guidance of an administrative committee that first
met on May 2, 2017, soon after the Board of Supervisors amendment and restatement of the
Plan effective�July 1, 2017. The committee has developed an annual work plan and approved a
short-term and long-term investment strategy. The committee will be entertaining other work
items to ensure compliance with the Plan going forward. The committee plans to meet at least
quarterly and more frequently as required to continue monitoring the plan.
Ancillary to the committee's work, two solicitations for consulting services were completed for
Actuary Services and Investment Manager Services. Nyhart was awarded the contract for Actuary
Services and Grayston e/M organ Stanley was awarded the contract for Investment Management
Services.
Financial Health
With respect to the Plan's financial performance as of June 30, 2018, the position of the Plan has
improved based on the results from the GASB 67 and 68 actuary report (see table below). The
FY2018 contribution to the trust fund ($16.27M) exceeded the actuarially determined
contribution ($9.97M), the net pension liability has declined, and the funded status has
improved. These figures do not include the additional $2 million contribution to the trust fund
that was set aside as a reserve in FY2018, as that payment is subject to final report out of the
County's annual financial audit. It is anticipated that the $2 million payment would be made prior
to the end of December 2018, and thus reported with the FY2019 Plan financials.
School Supplemental Retirement Plan
Key Indicators -Financial Reporting Basis
Other elements required to be reported include: the financial forecast for the Plan, contributions
to be made to the trust fund, and comparison of forecasted Plan performance to actual Plan
performance.
Financial Forecast
The groundwork for the above-mentioned components has been established; however the first
order of business for the actuary was to produce information for the FY2018 Comprehensive
Annual Financial Report (CAFR) in accordance with GASB 67 and 68. This report was completed
and provided to the County Accounting staff in September 2018. Following the completion of the
GASB 67 and 68 report, the actuary provided the staff with the Actuarial Valuation report which
is used to determine if the payments made to the trust were adequate.
Contributions
As of April 2018, the FY2019 expected contribution to the trust was $13.9 million. The School
division has made a $10.3 million contribution to the trust prior to September 1, 2018 and
anticipates making another deposit to the trust prior to the end of December 2018. Prior to the
end of December 2018, the division will make an additional deposit of $3.6 million to support the
additional funding needed to meet the benefit payment for FY2019 from FY2018 year-end
results. Additionally, the next deposit will consist of a $2.0 million contribution for which a
reserve was established in FY2018 —this funding source is subject to final report out of the FY2018
audit and a recommendation from the Administrative Committee. Both of these additional
transfers are subject to the final report out of the FY2018 audit.
Fiscal Year
Fiscal Year
2018
2017
Plan assets
$28,004,274
$24,278,726
Total pension liability
85,236,312
107,463,284
Net pension liability
57,232,038
83,184,558
Funded ratio
32.85%
22.59%
Contributions
16,270,315
14,840,273
Actuarially determined contribution
9,965,431
12,367,273
Benefit payment
14,402,588
12,270,641
Net investment income
1,965,443
1,954,218
Discount rate used to estimate total
pension liability
6.50%
6.50%
Other elements required to be reported include: the financial forecast for the Plan, contributions
to be made to the trust fund, and comparison of forecasted Plan performance to actual Plan
performance.
Financial Forecast
The groundwork for the above-mentioned components has been established; however the first
order of business for the actuary was to produce information for the FY2018 Comprehensive
Annual Financial Report (CAFR) in accordance with GASB 67 and 68. This report was completed
and provided to the County Accounting staff in September 2018. Following the completion of the
GASB 67 and 68 report, the actuary provided the staff with the Actuarial Valuation report which
is used to determine if the payments made to the trust were adequate.
Contributions
As of April 2018, the FY2019 expected contribution to the trust was $13.9 million. The School
division has made a $10.3 million contribution to the trust prior to September 1, 2018 and
anticipates making another deposit to the trust prior to the end of December 2018. Prior to the
end of December 2018, the division will make an additional deposit of $3.6 million to support the
additional funding needed to meet the benefit payment for FY2019 from FY2018 year-end
results. Additionally, the next deposit will consist of a $2.0 million contribution for which a
reserve was established in FY2018 —this funding source is subject to final report out of the FY2018
audit and a recommendation from the Administrative Committee. Both of these additional
transfers are subject to the final report out of the FY2018 audit.
To summarize current and planned deposits to the trust for FY2019:
Timing
Amount
Source
August 2018
$10.3M
Salary savings/base payment
Prior to the end of
$33M
FY2018 Reserve — additional
December 2018
funding needed to meet
required benefit payment
beyond salary savings —
balance from FY2018 budget
savings
Prior to the end of December
$2.OM
FY2018 Reserve — additional
2018
payment to trust
TOTAL
$16.OM
As noted above
Future work items
It is the intention of the committee and staff to request updated projections from Nyhart
following an additional year of trend data. This information would provide updated projections
with two years of data analysis following plan amendments and updated data.
Forecasted trust fund required contributions
FY2019 - $13.9M
FY2020 - $12.OM
FY2021- $8.5M (estimate for FY2021— information based on existing participants with unknown number
of additional participants that will be added)
CCPS Valuation Report and Forecasts
Purpose of the Actuarial Valuation (Funding) Report: Communicate funded status, determine FY2019
contribution level
Source: Nyhart July 1, 2018 Actuarial Valuation Report, dated September 13, 2018
Yellow bars represent Actual Unfunded Accrued Liability from the Actuarial Valuation Report and
the blue bars represent the Projected Unfunded Accrued Liability from the March 2018 Nyhart
Projection report.
CCPS Key Financials
Funding Report Forecast for FY2020-2023
gI901OW1000
July 1, 2017
July 1, 2018
Accrued Liability
$94,182,729
$85,236,312
Actuarial Value of Assets
$24,278,726
$28,004,274
Unfunded Accrued Liability
$69,904,003
$57,232,038
Funded Percentage
25.78%
32.85%
Source: Nyhart July 1, 2018 Actuarial Valuation Report, dated September 13, 2018
Yellow bars represent Actual Unfunded Accrued Liability from the Actuarial Valuation Report and
the blue bars represent the Projected Unfunded Accrued Liability from the March 2018 Nyhart
Projection report.
CCPS Key Financials
Funding Report Forecast for FY2020-2023
gI901OW1000
60.0%
s80,00C7,Ory7
57U.CPC1fJ,0Uf.7
50.(A
$50,0(X),000„�
$40,000,000
.30.0'4k,
$,30,r1a),000
20.0%
$20,0W,000
$7.0,000,000
7.0,0".6
so
0.0%
FY2017 FY2018 FY2019 FY2020
FY2021 FY2022 FY2023
Prulectod Unfunded Accrued Whility ($)
-unded Status (96)
CCPS Key Financials
Funding Report Forecast for FY2020-2023
$1.6,000,0fX)
S 12,000,007
510,000,007
$6,C%)0, CM) ()
$4,000,000
52,000,000
$0
FY2017 FY2013 FY2019 FY2020 FY2021 FY2022 FY2023
FY2017 FY2013 FY2019 0 FY2020 0 FY2021 0 FY2022 M FY2023
Source: Graphs sourced from Nyhart projections of 3/6/2018
Report on Supplemental
Retirement Plans
PRESENTATION TO THE BOARD OF SUPERVISORS
NOVEMBER l4,20I8
11/6/2018
Operating Overx^~w
Oversight Structures Exist in Both Plans
°C[PS—AdministratkeConnmittee
- County — Board of Trustees
Recent Activities
New actuary and investment manager contracts executed — same vendor for both
plans
"
New asset custodian/ trustee contract executed /CCPSonly)
CCPS investment policy approved in conjunction with new investment manager
April 2017 School Plan design now reflected in FY2018 financial reporting
CCPS Plan Position Improved in FY201,V.
Contributions exceeded
School Supplemental Retirement Plan
requirements
Key Indicators -Financial Reporting Basis
Net pension liability reduced
Fiscal Year
Fiscal Year
Funded ratio improved
/mn
zm/
Plan assets
$28,0*27*
$24,278,726
Additional $2M deposit prior
Total pension liability
85'236,312
107,463.284
2019 (vvi|| �e reported
/
Net pension x"b/uv
57,232,038
sr '
83,184,558
'
Funded
r""a"aratm
32.85u
22s9%
in FY2019)
mnmbmm""
16.270,315
14,840,273
Actuarially determined
contribution 9.9e,431
12,367,273
Full extent ofPlan revisions
Benefit payment
14,402,588
12,270,e1
first reflected in FY2028
Net investment income 1,965,443
1,9e.218
Discount rate used to
estimate total
pension liability
6.50%
6.50%
u���o%�&����
���n���z�
Key Metrics — CCPS SRP
CCPS Key Financials
Funding Report Forecast for FY2020-2023
$90,000,000
60.0%
$80,000,000
$70,000,000
50.0'A
$60,000,000
40.0'5/0
$50,000,000
$40,000,000
30.096
$30,000,000
20.0'A
$20,000,000
10.0%
$10,000,000
$0
0.0%
FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 FY2023
mmm Projected Unfunded Accrued Liability ($) -Funded Status (%)
Key Metrics — CCPS SRP
CCPS Key Financials
Funding Report Forecast for FY2020-2023
Required Contributions
$16,000,000
$14,000,000
$12,000,000
$10,000,0()0
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$0
FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 FY2023
FY2017 FY2018 FY2019 8 FY2020 0 FY2021 M FY2022 M FY2023
4"� 17„
11/6/2018
11/9/2018
County Plan Position Improved in FY2018
Contributions exceeded
Chesterfield County Supplemental Retirement Plan
requirements
Key Indicators - Financial
Reporting Basis
Net pension liability reduced
Ln
v 3000
Fiscal Year
Fiscal Year
2773
2018
2017
Funded ratio improved
Plan Assets
$37,442,987
$35,688,348
Total pension liability
37,501,510
36,470,629
2354
Net pension liability
58,523
782,281
Funded ratio
99.84%
97.86%
Contributions
1,210,600
1,614,144
2153
Actuarially determined contribution
736,003
1,614,144
Benefit payments
1,846,337
1,753,487
Net investment income
2,482,713
3,212,058
Assumed rate of return on investments
6.50%
6.50%
Actual return on investment
7.53%
11.40%
Key Metrics — County SRP
Active Participants/Retirees by Fiscal Year
3500
3318
3040
Ln
v 3000
2773
2563
2354
v 2500
2153
1960
Cr
2000
C 1500
.a 1000
500
75
80
98
02
15
38
46
0
■
■
■
■
■
■
■
FY2012
FY2013
FY2014
FY2015 FY2016
FY2017
FY2018
v
E
E
Fiscal Year
z
■ ACTIVE PARTICIPANTS ■ RETIREES
4
Key Metrics — County SRP
Unfunded Accrued Liability by Fiscal Year
4,500,000
4,000,(JOO
3,500,000
3,000,000
2,500,000
2,000,000
1,500,000
1,000,000
500,000
FY2014 FY2015 FY2016 I`Y2017 PY2018
Fiscal Year
0 Unfunded Accrued Liability
Key Metrics — County SRP
Annual Contributions - Recommended vs. Actual
11/9/2018
5
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2016
M17 2014
I')
YEAR
fxxll,�nded Coiriibution
� A ( 1, t al r on,ubut1,:!)J
d Ratio
11/9/2018
5
11/6/2018
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
1749
Meeting Date: November 14, 2018 Item Number: 6.
Subiect:
Closed Session
County Administrator's Comments:
County Administrator:
Board Action Requested:
Summary of Information:
Closed session pursuant to § 2.2-3711(A)(5), Code of Virginia, 1950, as
amended, to discuss or consider prospective businesses or industries or the
expansion of existing businesses or industries where no previous announcement
has been made of the businesses' or industries' interest in locating or
expanding their facilities in the community.
Preparer: Jeffrey L. Mincks Title: County Attorney
0425:113500.1
Attachments: F]Yes 0 No #
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of I
Meeting Date: November 14, 2018 Item Number: 10.B.
Subject:
Audited Financial Report Presentation by Independent Auditor
County Administrator's Comments:
County Administrator:
Board Action Requested:
Summary of Information:
The Accounting Department has completed preparation of the County's FY2018
Comprehensive Annual Financial Report (CAFR), which includes financial
statements audited by Cherry Bekaert, LLP, independent auditors. Robert
Churchman, the engagement partner from Cherry Bekaert, LLP, will be at the
meeting to formally present the report to the Board as required by the Code
of Virginia.
Preparer: Patsy J. Brown
Attachments: F1 Yes
Ell
Title: Director of Accounting
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November 14, 2018
Speakers List
Afternoon Session
1. Jeff Parker
2. In a Good yn
3. Marcia Su umele
4. Darcy Mathes
Comments to the Chesterfield Board of Supervisors, November 14, 2018
My name is Marcia Sugumele. I live in the Birkdale Subdivision in Matoaca. I have volunteered outside the
Birkdale Precinct (#317), located at Spring Run Elementary School, for the past 8 years. On Election Day, I was
there before the polls opened, for several hours throughout the day, and as the polls closed at seven. I also
returned to the precinct at around 8:45 PM. I have never seen a debacle like the one that occurred.
I believe there were 7 persons, plus the Precinct Supervisor, working inside the polls. There were 2 computers
for the voter ID rolls and check-in, 7 voting booths and 1 scanner for ballots. At 6 PM a third computer was put
into service.
I don't fault the poll workers. The precinct supervisor worked with school administrators to allow the long line
of voters to queue inside the school, instead of out in the rain.
A large turnout was expected. More poll staff was needed at Birkdale. That became obvious at 6 AM with over
100 persons waiting in line to vote. The time to vote varied from a minimum of 1.5 hours to a maximum of 2.5
hours. When I voted at about 4 PM, there were 260 persons in line and it took me 2 hours to get to vote.
Parking lots were jammed. Teacher conferences were scheduled also, with angry parents unable to park. Cars
parked on the grass, cars got stuck in the mud, cars were blocked in.
Individuals returned to try to vote 2, 3, 4 times. Many gave up as they had to get to work or had children at
home. There were so many disabled folks (and elderly folks who could have stood in a short line, but not a
long one) voting that 2 of the inside poll workers had to be diverted to curbside voting for most of the day.
The heavy demand for curbside voting also created a traffic jam, adding to the chaos.
Voters tried to call the Registrar to complain, no one answered the phone at that office. I know individuals
traveled to the Registrar's office to ask for help, but nothing changed at the Birkdale Precinct until 6 PM, when
the one additional computer was added. I know there was a court order to keep Birkdale #317 open until 9
PM, but when I arrived at 8:45, the doors were closed and locked.
This is not a partisan issue. Voters left without casting their votes, voters from all parties. It is unacceptable
that citizens in Chesterfield should have such an unpleasant experience when trying to vote.
Respectfully submitted,
Marcia M. Sugumele
14249 Spyglass Hill Circle
Chesterfield, VA 23832
804-338-4082
My name is Darcy Mathes and I live in the Triple Crown neighborhood of Matoaca.
1 volunteered outside several polls handing out literature that day and want to share what I
witnessed. I have been a Chesterfield resident for 12 years. I vote in every single election- I
never miss. I have never seen an election disaster like I observed in Chesterfield on Nov 6th.
Chesterfield County turned away so many voters and we cannot do this again. Voters were
suppressed. Voters were disenfranchised. This is inexcusable in Chesterfield County.
I vote at Alberta Smith Elementary (#316, Spring Run precinct). The morning rush was about a
20-30 minute wait when my husband voted, and at midday when 1 voted the wait was about 10
minutes, around 1 pm. There were 4 poll workers with 2 laptops checking people in and a total
of 14 workers inside. About half of the workers were seated in the back of the room with
nothing to do. This poll was overstaffed. However, just a mile away at Birkdale 317 precinct,
things were a disaster. Lines were hours long and voters were leaving. I personally witnessed
this between 6-7p at Birkdale and throughout the day at other precincts including Woolridge
Elementary and Cosby High School where I volunteered outside.
As Marcia Sugumele stated, the lines at the Birkdale precinct (#317 at Spring Run EI School)
were 2 hours long. Many people had to leave for work and were not able to come back (shift
workers, nurses, police, etc.) At the Birkdale precinct friends and neighbors were leaving,
telling me the wait was too long and they had to leave and could not vote.
At the end of the day, there was still only a total of 8 poll workers and the line was over 1.5
hours when the poll closed at 7p. After 7p the court extended the open time of the polls.
Birkdale precinct never unlocked the main door they were using for voter traffic. At 8:45p I
went in to observe the closing. At that time there were only 8 workers.
It is important to note that parking at Elementary schools is more problematic than at high
schools. The parking lots at elementary schools are small, only enough space is available to
accommodate teachers and a few visitors. When parking runs out, people park in the grass,
or, as it were, in the mud. Since the voters were not turning over fast enough, parking was a
major problem.
Solutions: The Registrar needs to be prepared. Registrar needs to look at precinct size and
turnout numbers and add staff in MANY precincts, specifically the ones mentioned. The
registrar can watch the news like me and understand that there was voter energy and should
have anticipated a much larger turn out than a past mid-term year.
Second, the registrar needs to have a plan to respond to emerging issues. There will always be
emerging issues. The registrar did not respond or adjust staff due to the unfolding situation
throughout the day. Action was not taken, things did not change, things did not get better
throughout the day.
Additional workers were needed. In some cases they could have been moved from lower
traffic polls nearby. Additional staff may be needed early to prevent the backlog created by the
morning rush (6-10am) so that the day doesn't start with a backlog and huge line. (or at least
in the busy precincts)
Have a communications plan with your polls. Instruct them on when to ask for help and
respond with help.
Make a reserve staff of trained workers who are ready to be sent to polls where help is needed
to manage or respond to unanticipated issues.
Add more poll book laptop computers for check in and staff to manage them.
Add more scanning machines to accept the ballots in the larger precincts (Cosby, Woolridge,
Birkdale) In the event that one breaks down you already have another running.
Consider alternate voting locations, other than elementary schools, to accommodate parking
(high schools, churches) since Elementary schools have less parking.
Reach out to the school board and see about getting parent teacher conferences to be
scheduled on a different day (Monday). The fact that so many parents were coming and going
only exacerbated the parking problem, PARTICULARLY at the elementary schools.
Question:
Why did the Registrar staff a smaller precinct like 316 at Smith EI with twice as many workers
as they had over at the Birkdale precinct, where there are 1,000 more voters?
Voters were disenfranchised on Nov 6th in Chesterfield County. The Chesterfield voter was
suppressed. This is not a partisan issue. This is not a democrat issue or a republican issue,
this is a voter issue, a citizen issues a neighbor issue. Election operations were so poorly
managed on election day that votes were not cast, voices were not heard. This is such a
serious matter with such significant consequences that the Registrar should step down from
her position of leadership and management of our elections.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14, 2018 Item Number: 12.A.
Subiect:
Resolution Recognizing Boy Scouts Upon Attaining the Rank of Eagle Scout
County Administrator's Comments:
County Administrator:
Board Action Requested:
Adoption of the attached resolution.
Summary of Information:
Staff has received requests for the Board to adopt resolutions recognizing
Mr. Jaiden Alexander Six, Troop 819, sponsored by St. John's Episcopal
Church, and Mr. Ian Atticus Brown, Troop 876, sponsored by Mt. Pisgah
United Methodist Church, upon attaining the rank of Eagle Scout. They will
be present at the meeting, accompanied by members of their families, to
accept their resolutions.
Preparer: Janice Blakley
Attachments: ■
Yes
Title: Clerk to the Board
11 No
WHEREAS, the Boy Scouts of America was incorporated by Mr. William
D. Boyce on February 8, 1910, and was chartered by Congress in 1916;
and
WHEREAS, the Boy Scouts of America was founded to build character,
provide citizenship training and promote physical fitness; and
WHEREAS, after earning at least 21 merit badges in a wide variety
of skills including leadership, service and outdoor life, serving in a
leadership position in a troop, carrying out a service project
beneficial to their community, being active in the troop, demonstrating
Scout spirit, and living up to the Scout Oath and Law, Mr. Jaiden
Alexander Six, Troop 819, sponsored by St. John's Episcopal Church, and
Mr. Ian Atticus Brown, Troop 876, sponsored by Mt. Pisgah United
Methodist Church, have accomplished those high standards of commitment
and have reached the long -sought goal of Eagle Scout, which is received
by only four percent of those individuals entering the Scouting
movement; and
WHEREAS, growing through their experiences in Scouting, learning
the lessons of responsible citizenship, and endeavoring to prepare
themselves for a role as leaders in society, Jaiden and Ian have
distinguished themselves as members of a new generation of prepared
young citizens of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board
of Supervisors, this 14th day of November 2018, publicly recognizes Mr.
Jaiden Alexander Six and Mr. Ian Atticus Brown, extends congratulations
on their attainment of Eagle Scout, and acknowledges the good fortune
of the county to have such outstanding young men as its citizens.
TY
ARDCHESTESUPERVISORS
4GENDA
Meeting Date: November 14, 2018 Item Number: 13.A.1.
Subject:
Nomination/Appointment to the Parks and Recreation Advisory Commission
County Administrator's Comments:
County Administrator:
Board Action Requested:
Nominate/ appoint one member to serve on the Parks and Recreation Advisory
Commission.
Summary of Information:
The Parks and Recreation Advisory Commission is a panel of County citizens
who act as a liaison between the public, the Board of Supervisors, and County
Administration. The Commission reviews public input concerning parks and
recreation facility development and programs and works closely with the
Department of Parks and Recreation to advise on long-range planning policy
directions and other critical issues.
Matoaca District Supervisor Elswick recommends that the board nominate and
appoint William Pipp, representing the Matoaca District, for the remainder
of a term vacated by Bruce Clayton in December 2017. Mr. Pipp's term would
be for December 1, 2018 through December 31, 2019.
Mr. Pipp meets all the eligibility requirements to fill the vacancy and has
indicated his willingness to serve.
Under the existing Rules of Procedure, appointments to board and committees
may be nominated and appointed at the same meeting. Nominees are voted on
in the order in which they are nominated.
Preparer: James D. Worsley Title: Director Parks and Recreation
Attachments: Yes ■ No #
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page I of I
AGENDA
1749
Meeting Date: November 14, 2018 Item Number: 13.A.2.
Subiect:
Nomination/Appointment/Reappointment to the Youth Services Citizen Board
County Administrator's Comments:
County Administrator:
Board Action Requested:
Appointment/reappointment of members to serve on the Youth Services Citizen
Board.
Summary of Information:
The purpose of the Youth Services Citizen Board is to advise the Board of
Supervisors regarding planning and policies affecting youth development and
to provide a community forum to focus on youth issues.
Midlothian District. Supervisor Haley recommends that the board nominate and
appoint Angie Trueblood, adult representative, for a term effective
immediately, through June 30, 2021.
Mr. McGuire meets all the eligibility requirements to fill the vacancies and
has indicated his willingness to serve.
At -Large. Board members recommend the reappointment of Samra Kanwal from
Maggie Walker Governor's School for a term effective immediately, through
June 30, 2019.
Ms. Kanwal meets all the eligibility requirements to fill the vacancies and
have indicated their willingness to serve.
Under the existing Rules of Procedure, appointments to boards and committees
may be nominated and appointed at the same meeting. Nominees are voted on in
the order in which they are nominated.
Preparer: Jana D. Carter Title: Director, Citizen Information and Resources
Attachments: 1:1 Yes 0 No # 000064
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page I of I
t AGENDA
Meeting Date: November 14, 2018 Item Number: 133.1.
Subiect:
Award of a Contract to Multiple Firms for Professional Engineering Services
Relative to Watershed Management
County Administrator's Comments:
County Administrator:`
Board Action Requested:
Authorize the County Administrator to execute the contract for professional
engineering services relative to watershed management with Arcadis U.S. Inc,
GKY & Associates, Inc., Hazen and Sawyer, Johnson Mirmiran & Thompson, Inc.
(JMT) and Timmons Group, Inc.
Summary of Information:
In continuance of the county's compliance with the Municipal Separate Storm
Sewer System (MS4) permit and the Chesapeake Bay Total Maximum Daily Load
(TMDL) from the Department of Environmental Quality, it is necessary for the
department to maintain the ability to develop contracts for professional
engineering services.
The firms were evaluated and selected through the Request for Proposal(RFP)
process as per RFP #ADMN18000313. Selection was based on their qualifications
and each of the firms' unique abilities to provide not only a wide range of
services but also the strength and proficiencies of each firm in one or more
of the specific requirements outlined in the RFP. Each exhibited areas of
expertise that will prove valuable to the County by allowing selection of an
Engineer who would be most efficient for the requested service needed for
individual projects. Together, they provide a wide range of experience that
is needed for the expanding services contained in the RFP to meet the MS4
permit and the Chesapeake Bay TMDL requirements.
Funding is included in the FY2019-FY2023 Capital Improvement Program for
these professional engineering services relative to watershed management.
Preparer: Scott B. Smedley Title: Director of Environmental Engineering
Preparer: Meghan Coates Title: Director of Budget and Management
Attachments: Yes ■ No #
060101615
a 0 • "
A
ibilmffiffl�
Page 1 of 1
Meeting Date: November 14, 2018 Item Number: 13.113.2.
Subject:
Adoption of the 2019 Legislative Program
County Administrator's Comments:
County Administrator:
Board Action Requested:
Adopt the 2019 Legislative Program.
Summary of Information:
Attached is the proposed Legislative Program for the 2019 General Assembly.
There are three changes from the October 24th work session item. A legislative
request to fax warrants within the county was deleted when staff confirmed
authority currently existed to do this. A legislative request under support
items was added to support a moratorium on new unfunded mandates and cost
shifts. Wording of a legislative request under oppose items on unfunded
mandates was revised.
Preparer: Mary Ann Curtin Title: Director of Intergovernmental Relations
Attachments: ■ Yes No
2019 Legislative Initiatives
Guiding Principles:
■ Maintain quality public education and public safety
■ Provide quality of life consistent with community
expectations
■ Maintain local autonomy
Strategic Goals:
■ Everyday Excellence
■ Safe and Secure Community
■ Robust Economy
■ Healthy Living and Well -Being
■ Thriving Communities
■ Learning for a Lifetime
Issues and Concerns:
■ K-12 full funding
■ State budget
■ Local Land Use Authority
■ Cost Shifts/Mandates
■ Local Revenue Authority
■ Transportation
Legislative Requests:
• Amend the Code of Virginia to allow the prosecution of
"performance crimes" (hoaxes or outrageous public acts for
the purpose of gaining notoriety)
Legislative Requests:
Support Items:
■ Maintaining K-12 education funding
■ Transportation funding
■ Stormwater funding
■ Support a moratorium on any new unfunded mandates or cost -
shifts from State government
Legislative Requests:
Oppose Items:
■ oppose elimination or reduction of local revenue sources
■ Strongly oppose any additional unfunded mandates/cost
shifts
■ Oppose limitations/caps on existing local land use
authorities
�tsern�oG
1749
�kGIN�
COUNTYCHESTERFIELD
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: November 14, 2018 Item Number: 13.B.3.
Subiect:
Initiate an Application for Rezoning on 7.8 Acres to Permit a New Fire
Station and Elementary School Plus Conditional Use Planned Development on
22.8 acres for Exceptions to Ordinance Requirements Located at 20800, 20808,
20810, 20816, 20818, 20820, 20822, 20824, 20826, 20828, 20830, 20834 and
20910 Chesterfield Avenue, 20910 James Street, 21004 Rutledge Avenue and
Adjacent Right -of -Way (James and Byrd Streets)
County Administrator's Comments:
County Administrator:
Board Action Requested:
Initiate an application for the following:
• Rezoning from Neighborhood Business (C-2) to Corporate Office (0-2)
to permit
O a fire station (replacement of Ettrick Fire Station) on 2.2
acres located at 20810, 20816, 20818, 20820, 20822, 20824,
20826, 20828, 20830, 20834 Chesterfield Avenue and 20910 James
Street (Tax IDs 794-612-5726, 6226, 6824, 7324, 7923, 8422,
8920 and 9419, and 795-612-0314, 0725 and 1322)
O a public school (replacement of Ettrick Elementary School) on
2.3 acres located at 20910 Chesterfield Avenue (Tax ID 794-
611 -Part of 7377)
o Include adjacent rights of way (James and Byrd Streets) of 1.1
acre for these uses;
• Rezoning from Community Business (C-3) to Residential (R-12) on 2.2
acres located at 20800 Chesterfield Avenue (Tax ID 794-612-2305) to
permit a public school use; and
Preparer: Andrew G. Gillies Title: Director of Planning
Attachments: ■ Yes F-1 No #
0GO g
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of 2
AGENDA
Board Action Requested (Continued):
• Conditional use planned development to permit exceptions to
ordinance requirements on the aforementioned properties plus an
adjacent 15 acres being a portion of the elementary school campus,
zoned Residential (R-7) and located at 20808 and 20910 Chesterfield
Avenue and 21004 Rutledge Avenue(Tax ID's 794-611-4639 and Part of
7377, and 794-612-4716).
Further, appoint Andrew Gillies as agent for the Board and waive disclosure
requirements.
Summary of Information:
The Public Facilities Plan, an element of the comprehensive plan, recommends
replacement of the Ettrick Fire Station in the same general area of the
existing station to better meet the growing needs in the Ettrick community.
The subject property is located on the south line of Chesterfield Avenue,
across from Granger Street, and conforms to the recommendations of the Plan.
The Public Facilities Plan also recommends revitalization/replacement of the
Ettrick Elementary School. This replacement is planned at the existing
school site, located as the southwest corner of Chesterfield Avenue and Paine
Street, and conforms to the recommendation of the Plan.
Virginia law permits the Board of Supervisors to initiate a rezoning
application on the principles of good zoning practice and general welfare.
Consideration of this request will provide for a public process to review and
determine if any adverse impacts would be generated on the property(s), on
adjacent property owners, or the County in general and, if so, to determine
what conditions might alleviate any adverse impacts and enhance land use
compatibility.
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page I of 1
Meeting Date: November 14, 2018 Item Number: 113.13.4.a.
Subject:
Set a Public Hearing to Consider an Amendment to § 9-14 the County Code
Relating to Procedures for Real Estate Assessments and Reassessments
County Administrator's Comments:
County Administrator:
Board Action Requested:
The Board is requested to set a public hearing for December 12, 2018 to
consider amendments to § 9-14.
Summary of Information:
Currently, § 9-14 of the County Code provides mail and hand -delivery as the
two options for taxpayers to submit applications to appeal their real
property tax assessment. The Code of Virginia grants the Board of
Supervisors the option to accept such applications electronically, in
addition to mail and hand -delivery. The proposed amendments would add
electronic submission as an option for the submission of these applications
to the real estate assessor's office. If adopted, the proposed amendments
would take effect immediately and be effective for tax year 2019. This topic
will be discussed at the November 9th Audit and Finance Committee meeting.
Staff recommends that the Board set a public hearing for December 12, 2018 on
the ordinance amendments.
Preparer: Jonathan Davis
Attachments: 0 Yes 1-1 No
Title: Real Estate Assessor
3123:113519.1(113518.1)
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 9-14 RELATING TO PROCEDURES
FOR REAL ESTATE ASSESSMENTS AND REASSESSMENTS
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 9-14 of the Code o the CounoLo Chestedeld, 1997, as amended, is amended
and re-enacted to read as follows:
Sec. 9-14. Real estate assessments and reassessments—Procedures.
The assessor and the board of equalization shall follow the following procedures in the
assessment of real estate in the county:
(a) The real estate assessment office shall notify each affected taxpayer in writing on or
before February 1 of any year in which the assessor makes a new or changed assessment.
The notice shall be mailed to the last known address shown on the county land books.
(b) Any affected taxpayer, or person with a substantial legal or equitable interest in the
property involved, or any duly appointed representative of such persons, or any
authorized representative of the county board of supervisors may appear before the
assessor to present objections to the assessment by filing a written protest on forms
provided by the assessor. The objeetions written protest, which shall include all required
supporting documentation, shall be filed with the office of real estate assessments by
March 15 of the year in which the assessor makes a new or changed assessment. If the
written protest is mailed, Tthe postmark date shall be considered the date of receipt of the
objeetions written protest. If the written protest is sent electronically, the date such person
sends the written protest shall be considered the date of receipt of the written protest. The
written protest is considered sent when it meets the requirements of subsection (a) of
Code of Virginia, § 59.1-493. An executed and properly notarized letter from the
property owner designating an appointed representative for the taxpayer shall be
presumed to be a valid designation from the taxpayer, and the person whose signature is
notarized shall be presumed to have the authority to designate such representative on
behalf of the taxpayer.
(c) Such person may also, after filing a written protest with and appearing before the assessor
as provided in subsection (b), file a request for relief of the assessment with the board of
equalization no later than April 15 of the year in which the assessor makes a new or
changed assessment. The request shall be made on forms prescribed by the board of
equalization and made available through the office of real estate assessments. If the
request for relief is mailed, Tthe postmark date shall be considered the date of receipt of
the request. If the request for relief is sent electronically, the date such person sends the
request shall be considered the date of receipt of the request. The request is considered
sent when it meets the requirements of subsection (a) of Code of Virginia, § 59.1-493.
The board of equalization of real estate assessments shall provide all those requesting
relief an opportunity to be heard in person, with witnesses, and by counsel, but may also
allow submissions of memoranda verified under oath.
3123:113518.1 1
(d) In any appeal of the assessment of residential property filed by a taxpayer as an owner of
real property containing less than four residential units (i) to the board of equalization
pursuant to Code of Virginia, § 58.1-3379, or (ii) to circuit court pursuant to Code of
Virginia, § 58.1-3984, the assessor shall send the taxpayer a written notice provided for
in this subsection. Such notification shall be on the first page of such notice and be in
bold type no smaller than fourteen points and mailed to, or posted at, the last known
address of the taxpayer as shown on the current real estate tax assessment records. Notice
under this subsection shall satisfy the notice requirements of Code of Virginia, § 58.1-
3331. In an appeal before the board of equalization, such written notice may be contained
in the written notice of the hearing date before the board. For all applicable assessments
on or after January 1, 2012, such written notice shall: (a) be given at least 45 days prior
to the hearing of the taxpayer's appeal; (b) include a statement informing the taxpayer of
his rights under Code of Virginia, § 58.1-3331 and this section to review and obtain copies
of all of the assessment records pertaining to the assessor's determination of fair market
value of such real property; and (c) advise the taxpayer of his right to request that the
assessor make a physical examination of the subject property.
Furthermore, in any such appeal by a taxpayer as owner of real property containing less
than four residential units, the assessor upon written request shall provide the taxpayer or
his duly authorized representative copies of the assessment records set out in subsections
A, B, and C of Code of Virginia, § 58.1-3331 pertaining to the assessor's determination
of fair market value of the property under appeal. In an appeal to the board of equalization,
the assessor shall provide such records within 15 days of the written request. In an appeal
to the circuit court, any such written request by the taxpayer or his duly authorized
representative shall be made following the filing of the appeal to circuit court and no later
than 45 days prior to trial, unless otherwise provided by an order of the court. Provided
the written request is made in accordance with Code of Virginia, § 58.1-3984 and this
subsection or any applicable court order, the assessor shall provide such records within
15 days of the written request.
If the assessor fails to provide the assessment records set out in subsections A, B, and C
of Code of Virginia, § 58.1-3331 after written request as addressed above, the assessor
shall present the following into evidence prior to the presentation of evidence by the
taxpayer at the hearing before the board of equalization or the circuit court, as applicable:
(i) copies of the assessment records maintained by the assessor under Code of Virginia §
58.1-3331, (ii) testimony that explains the methodologies employed by the assessor to
determine the assessed value of the property, and (iii) testimony that states that the
assessed value was arrived at in accordance with generally accepted appraisal practices,
procedures, rules, and standards as prescribed by nationally recognized professional
appraisal organizations such as the International Association of Assessing Officers
(IAAO) and applicable Virginia law regarding the valuation of property.
(e) The board of equalization shall publish notice in a newspaper having general circulation
in the county, giving the regular time and place of its hearings, and instruct the sheriff to
post such a notice at the courthouse and at each voting precinct, at least ten days prior to
each sitting in accordance with Code of Virginia, § 58.1-3378.
3123:113518.1
(f) The board of equalization shall rule upon all protested assessments within 90 days from
the date of hearing or by June 15, whichever occurs first. The board shall certify to the
assessor all of its actions that affect assessments of real estate in the county.
(g) The board of equalization shall hear and determine all appeals and, by order, may
increase, decrease or affirm the assessment of which complaint is made. Furthermore, the
board of equalization, by order, may increase or decrease any assessment upon its own
motion. However, no assessment shall be increased until after the owner of the property
has been notified and given an opportunity to show cause against such increase.
Upon considering an appeal, nothing shall be construed to prohibit consideration of any
statement of income and expense or market sales that occurred through December 31,
prior to the effective date of the assessment, so long as such information is submitted to
the board no later than April 15. No studies or analyses published after December 31
immediately preceding the effective date of the assessment shall be considered in an
appeal filed relating to that assessment.
An appeal before the board of equalization regarding an assessment on residential
property shall not be denied on the basis of a lack of information on the application, as
long as the application includes the address, the tax parcel number, and the owner's
proposed assessed value for the property.
An appeal before the board of equalization regarding an assessment on commercial,
multi -family residential, or industrial property on the basis of fair market value shall not
be denied on the basis of a lack of information on the application, as long as
documentation of any applicable assessment methodologies is submitted with the
application, and the application includes the address, the parcel number, and the owner's
proposed assessed value for the property. In addition, no assessment shall be increased
on commercial, multi -family residential, or industrial property unless such increase is
recommended by the assessor in compliance with the provisions of {Code of Virginia,} §
58.1-3379.
(h) The assessor's office shall prepare notice of the decisions of the board of equalization in
triplicate and one copy shall be filed with the minutes of the board of equalization, one
copy shall be filed with the records of the director of real estate assessments and one copy
shall be mailed, first class, to the protestant and affected taxpayer.
(i) If no one files an application for relief by April 15, the board of equalization shall be
deemed to have discharged its duties.
(2) That this ordinance shall become effective immediately upon adoption.
=
3123:113518.1 3
:10YAl ZJ B • • •
r-1 e,I
Pagel of 2
Meeting Date: November 14, 2018 Item Number: 13.B.4.b.
Subiect:
Set Public Hearing to Consider Proposed Code Amendment Relative to Resource
Protection Area Designation for Line Modification Plats(19PJ0101)
County Administrator's Comments:
County Administrator:
Board Action Requested:
Set December 12, 2018 for public hearing on the attached code amendment.
Summary of Information:
On October 16, 2018, the Planning Commission on a vote of 5-0 recommended
approval of attached code amendment.
For residential subdivision plats certain information is required to comply
with federal, state and county requirements. Such information helps
determine the buildability of such parcels under regulatory provisions and
ensures that current and future owners of a residential property can utilize
it for a dwelling. A primary area of concern for many subdividers is the
requirement for a Resource Protection Area designation (RPAD) as this may be
a costly endeavor depending upon scope of RPA features. Recognizing the
expense and effort involved in such action for line modification plats,
staff was asked to develop a solution to alleviate the requirement under
certain conditions. A line modification plat is an adjustment of one or more
lot/parcel lines within recorded subdivision that does not create one or
more lots/parcels.
Preparer: Andrew G. Gillies Title: Director of Planning
Attachments: ■ Yes
F-1 No
'
77
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of I
AGENDA
Summary of Information: (Continued)
The attached amendment would provide that a RPAD may be waived for a
lot/parcel within a line modification plat where the director of
environmental engineering determines that there is sufficient evidence to
suggest that environmental features do not exist on a resulting parcel or
that the modification is unlikely to affect buildability of resulting
lot/parcel.
Where such exemption is granted there would be required an advisory
certificate and deed restriction that would notify owners or purchasers that
topographic and environmental features that could affect buildability have
not been identified on the plat and that RPAD or other engineering research
may be required at time of building permit or future plan review.
Staff has received approval of the Virginia Department of Environmental
Quality for this proposed amendment pursuant to the requirements of the
Chesapeake Bay Preservation Act. It should be noted that this does not
alleviate an owner or purchaser of future responsibility to account for such
features, rather it delays the implementation of such accounting. This lack
of research at the time of approval of a line modification plat may lead to
some residential properties modified under this process to be unable to
construct a dwelling or only after much research and site work.
The proposal also includes changes to the table headings under Sec. 17.56.
The reference to "Minor" Final plat is being deleted as that process has
been removed from the ordinance previously. In addition, term "Final" is
being added in the last column to correctly reference the parcel final plat
document and process.
OC Z07,S
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 17-56
OF THE SUBDIVISION ORDINANCE RELATING TO RESOURCE PROTECTION AREA
DESIGNATION FOR LINE MODIFICATION PLATS
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 17-56 of the Code of the County of Chesterfield, 1997, as amended, are amended
and re-enacted, to read as follows:
Chapter 17
SUBDIVISION OF LAND
000
Sec. 17-56. Plan and plat requirements.
000
1928:113282.1.
3073
Application Type
In addition to any requirements for a specific application, the
following items shall be provided as specified for each plat or
plan type when the applicable column is marked with an
s
a
?"
OW
OU
a
a�
a
000
B The following shall be provided and/or depicted, as
applicable
24. Environmental features:
a. The limits of established watercourses, manmade
drainage conveyance systems, mapped dam break
inundation zones, preliminary wetland boundaries and
X
X
their anticipated impacts, floodplains, conservation areas,
RPAs and approximate location and surface area of
BMPs [131
b. CBPA areas as described in chapter 19.1[131[141
X
X
X
X
c. Location and labeling of conservation areas, wetlands,
RPAs, floodplains, backwater(s), and elevations with
X
X
survey tielines and /or tiedownsu
1928:113282.1.
3073
000
f 141 A Resource Protection Area designation may be waived for a lot or parcel within a line
modification plat where the director of environmental engineering determines that there is
sufficient evidence to suggest environmental features do not exist on a resulting parcel or the
proposed modification is unlikely to affect the buildability of the resultinglot of or parcel. For any
plat exempted under this footnote an advisory certificate shall be provided which states "The
mapping information is not intended to represent all topographic and environmental features on
the lots or parcels which could limit or preclude the ability to construct a residential dwelling
and/or other structures. A Resource Protection Area designation and/or other additional
engineering research on such items as, but not limited to: soil type, wetlands, floodplains,
adequate culverts for driveway crossings of streams or floodplains, etc. will be required based
upon individual lot/parcel requirements at time of building permit or plan review." In addition,
where designation is waived a deed restriction shall be recorded on each property which states
"This lot/parcel was modified without mapping and research of topographic and environmental
features that may limit or preclude the ability to construct a residential dwelling and/or other
structures. A Resource Protection Area designation and/or other additional engineering research
on such items as but not limited to: soil type, wetlands, floodplains, adequate culverts for
driveway crossings of streams or floodplains, etc. will be required based upon individual
parcel/lot requirements at time of building permit or plan review."
(2) That this ordinance shall become effective immediately after adoption.
1928:113282.1
Application Type
In addition to any requirements for a specific application, the
following items shall be provided as specified for each plat or
plan type when the applicable column is marked with an
a
w
d. CBPA preservation areas described in chapter 19. 1, with
a note indicating the method of CBPA compliance, the
X
X
type of facility utilized, as well as recordation
information
000
000
f 141 A Resource Protection Area designation may be waived for a lot or parcel within a line
modification plat where the director of environmental engineering determines that there is
sufficient evidence to suggest environmental features do not exist on a resulting parcel or the
proposed modification is unlikely to affect the buildability of the resultinglot of or parcel. For any
plat exempted under this footnote an advisory certificate shall be provided which states "The
mapping information is not intended to represent all topographic and environmental features on
the lots or parcels which could limit or preclude the ability to construct a residential dwelling
and/or other structures. A Resource Protection Area designation and/or other additional
engineering research on such items as, but not limited to: soil type, wetlands, floodplains,
adequate culverts for driveway crossings of streams or floodplains, etc. will be required based
upon individual lot/parcel requirements at time of building permit or plan review." In addition,
where designation is waived a deed restriction shall be recorded on each property which states
"This lot/parcel was modified without mapping and research of topographic and environmental
features that may limit or preclude the ability to construct a residential dwelling and/or other
structures. A Resource Protection Area designation and/or other additional engineering research
on such items as but not limited to: soil type, wetlands, floodplains, adequate culverts for
driveway crossings of streams or floodplains, etc. will be required based upon individual
parcel/lot requirements at time of building permit or plan review."
(2) That this ordinance shall become effective immediately after adoption.
1928:113282.1
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
174
Pagel of
Meeting Date: November 14, 2018 Item Number: 13.13.4.c.
Subiect:
Set Public Hearing to Consider Proposed Code Amendment Relating to Variance
and Zoning for Persons with Disabilities (19PJ0103)
County Administrator's Comments:
County Administrator:
Board Action Requested:
Set December 12, 2018 for public hearing on the attached code amendment.
Summary of Information:
On October 16, 2018, the Planning Commission on a vote of 5-0 recommended
approval of attached code amendment.
The state code was amended this year to require (i) that a locality give
consideration to the need for reasonable modifications in accordance with the
Americans with Disabilities Act or state and federal fair housing laws when
preparing a zoning ordinance and (ii) the standards for a variance to include
consideration of reasonable modifications for a person with a disability.
Staff prepared an amendment based upon the state code legislation. The
amendment would provide that the purpose of the zoning ordinance include
reasonable modifications in accordance with the Americans with Disabilities
Act of 1990 (42 U.S.C. § 12131 et. seq.) or state and federal fair housing
laws as applicable. The amendment would also provide, as part of the
justification for both Administrative and Board of Zoning Appeals variance
approvals, the circumstance that the variance would alleviate a hardship by
granting a reasonable modification to a property or improvements on behalf of
a person with a disability.
Preparer:
Andrew G. Gillies
Attachments: 0 Yes 1:1 No
Title: Director of Planninq
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of 2
AGENDA
Summary of Information: (Continued)
The amendment would provide that in addition to other application provisions
the director or board may require additional documentation to demonstrate the
need for such modification. Such variances would expire when the person
benefited by it is no longer in need of the modification to such property or
improvements provided by the variance. In addition, staff has updated the
flow chart that accompanies the Administrative Variance process to correctly
reflect the procedure. The old flow chart shows the ability to transfer
review of setback variance to the BZA but this is no longer available under
state and local code.
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1.997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19.1-1,19.1-14 & 19.1-15
OF THE ZONING ORDINANCE RELATING TO VARIANCE AND ZONING FOR PERSONS
WITH DISABILITIES
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Sections 19.1-1, 19.1-14 & 19.1-1.5 of the Code of the County of Chesterfield, 1997, as
amended, are amended and re-enacted, to read as follows:
Chapter 19.1
ZONING
A. Purpose. The purpose of this chapter is to promote the health, safety, convenience and general
welfare of the public and to accomplish the objectives of the Code of Virginia. This chapter is
designed to:
• provide for adequate light, air, convenience of access, and safety from fire, flood,
failure of impounding structures, crime and other dangers or conditions;
* reduce or prevent congestion in the public streets;
* facilitate the creation of a convenient, attractive and harmonious community;
facilitate the provision of adequate police and fire protection, disaster evacuation, civil
defense, transportation, water, wastewater, flood protection, schools, parks, forests,
playgrounds, recreational facilities, airports and other public requirements;
* protect against destruction of, or encroachment upon, historic areas;
• protect against overcrowding of land, undue density of population in relation to
community facilities, obstruction of light and air, danger and congestion in travel and
transportation, and loss of life, health, or property from fire, flood, panic or other
dangers or conditions;
• encourage economic development that provides desirable employment and enlarges the
tax base;
• provide for the preservation of agricultural and forestal lands and other lands of
significance for the protection of the natural environment;
0 protect surface and ground -water;
1928:113281.1
cce3063 .
promote the creation and preservation of affordable housing suitable for meeting the
current and future needs of the county as well as a reasonable proportion of the current
and future needs of the planning districts within which the county is situated; attd
• provide reasonable protection against encroachment upon licensed public -use airports,
as well as military bases, military installations, and military airports and their adjacent
safety areas, excluding armories operated by the Virginia National Guard; and
• provide reasonable modifications in accordance with the Americans with Disabilities
Act of 1990 (42 U.S.C. $ 12131 et. seq.) or state and federal fair housing laws as
applicable. If a request for a reasonable modification is made that is appropriate under
the provisions of state and federal fair housing laws, or the Americans with Disabilities
Act of 1990 (42 U.S.C. � 12131 et seg.), as applicable, such request shall be granted
unless a variance is required in order for such request to be granted.
000
NEW
A. Generally. The
director of planning
may grant an
administrative
variance from any MER
building setback
requirement. Pre -Application Conferencewith Staff
B. Time Period for
Submit Application with
Required Fee
Actine on
and
Supposting Documents
Modification. The
Suds as Ptans
director of planning
shall approve or
Staff Posts Property
And
disapprove an
Notifies Adjacent Property Owners
application not less
than 21days after
Staff Analyses Application
the date of notice of
the application nor
more than 90 days
Y
D reng a`
Planning M:okes
after the application
Final Decision
is received.
OLD (To be removed)
C. Findings. In granting an administrative variance, the following findings shall be made in writing
by the director of planning:
� till, ,01 0116
1928:113281.1
• the strict application of the ordinance requirement would produce undue hardship or
the variance would alleviate a hardship by granting a reasonable modification to a
property or improvements thereon requested by, or on behalf of, a person with a
.disability.
• the hardship is not shared generally by other properties in the same zoning district and
same vicinity;
0 the variance will not be of substantial detriment to adjacent property; and
* the character of the zoning district will not be changed by the variance.
In addition to other application requirements, for modifications to alleviate a hardship
requested by, or on behalf of, a person with a disability the director may require
documentation from the applicant to substantiate that such person meets the requirements
of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131, et seg.) or state and
federal fair housing laws.
D. Conditions. In granting a variance, conditions may be imposed related to the impact of the
variance as deemed necessary to substantially secure the objectives of the standards of this
chapter. Unless conditioned otherwise by the director of planning, any variance granted to
provide a reasonable modification to a property or improvements thereon requested by. or on
behalf of, a person with a disability shall expire when the person benefited by it is no longer in
need of the variance to such property or improvements provided by the variance, subject to the
provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990
(42 U.S.C. 12131 et seg.), as applicable.
1016161
000
B. Powers and Duties. The provisions of this section shall not be construed as granting the board of
zoning appeals the power to rezone property or to base decisions on the merits of the purpose and
intent of the zoning ordinance. The board of zoning appeals shall have the following powers and
duties:
1. Variances.
a. Standards and Findings for Granting a Variance. The board of zoning appeals shall grant a
variance if the applicant proves through a preponderance of evidence that:
• a strict application of this chapter would unreasonably restrict use of the property, or
the variance would alleviate a hardship due to the physical condition of the property
or improvements on the property at the time of the effective date of this chapter, as
cl, Oo
1928:113281.1 %Z
amended from time to time, or the variance would alleviate a hardship by granting a
reasonable modification to a property or improvements thereon requested by,
behalf of, a person with a disability-,
• the property was acquired in good faith and any hardship was not created by the
applicant;
• substantial detriment will not occur to adjacent and nearby properties in the proximity
of the geographic area in which the property is located;
• the condition, situation or the intended use of the property is not of so general or
recurring a nature as to make reasonably practicable the formulation of a general
regulation to be adopted as an amendment to this chapter;
• the application will not allow a use that is not otherwise permitted on the property, or
change the zoning district classification for the property; and
• the relief is not available through an administrative variance, special exception or
conditional use.
In addition to other application requirements, for modifications to alleviate a hardship
requested by, or on behalf of, a person with a disability the director may require
documentation from the applicant to substantiate that such person meets the requirements
of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131, et seq.) or state and
federal fair housing laws.
b. Conditions and Guarantees.
A building permitted by a variance may only be expanded if the expansion is in accordance
with the provisions of this chapter unless an additional variance is obtained.
In granting a variance, the board may impose conditions regarding the location, character
and other features of the proposed structure or use as deemed necessary in the public
interest. The board may also require a guarantee or bond to ensure that the conditions are
satisfied.
Unless conditioned otherwise by the board, any variance granted to provide a reasonable
modification to a property or improvements thereon requested by, or on behalf of, a person
with a disability shall expire when the person benefited by it is no longer in need of the
modification to such property or improvements provided by the variance, subiect to the
provisions of state and federal fair housing laws, or the Americans with Disabilities Act of
1990 (42 U.S.C. � 12131 et seg.), as applicable.
WOM
That this ordinance shall become effective immediately after adoption.
eco' 'S"
1928:113281.1
o CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 2
AGENDA
Meeting Date: November 14, 2018 Item Number: 13.8.5.
Subiect:
Appropriation of Funds and Authorization to Proceed with the Route 1
(Merriewood Road - Elliham Avenue) Sidewalk Project
County Administrator's Comments:
County Administrator:_
Board Action Requested:
The Board of Supervisors is requested to take the following action for the
Route 1 (Merriewood Road - Elliham. Avenue) Sidewalk (UPC 113843) project:
transfer $25,000 in General Road Improvement Account funds; appropriate
$1,250,000 in anticipated VDOT reimbursements; authorize the County
Administrator to proceed with design and right-of-way acquisition and enter
into all appropriate agreements and contracts; and authorize the Procurement
Director to advertise and award the construction contract for the project.
Summary of Information:
In 2017, the Route 1 (Merriewood Road - Elliham Avenue) Sidewalk project was
selected by the Richmond Regional Transportation Planning Organization (TPO)
for Congestion Mitigation Air Quality (CMAQ) funding. Staff has requested
that the CMAQ funds be accelerated so this project may proceed with the Smart
Scale funded project, Route 1 (Marina Drive - Merriewood Road) Sidewalk
project. The TPO staff and VDOT are in the process of accelerating the
funds. Until this is done, VDOT is not able to authorize those funds to be
spent.
(Continued on next page)
Preparer: Jesse W. Smith
Preparer: Meghan Coates
Attachments: 0 Yes
No
Title: Director of Transportation
Title: Director of Budget and Management
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of 2
AGENDA
Summary of Information: (Continued)
To avoid delays to the start of design for both projects, staff is
recommending General Road Improvement Account funds be utilized to pay for
any design activities associated with the Route 1 (Merriewood Road - Elliham
Avenue) Sidewalk project that occur prior to getting authorization from VDOT.
Staff estimates this cost to be $25,000. General Road Improvement Account
funds are available for this amount. These funds will not be reimbursed by
VDOT. In addition, $1,250,000 in anticipated VDOT reimbursements need to be
appropriated to the project.
A VDOT/County agreement, similar to those the county has executed in the
past, will be necessary. Under the terms of the agreement, the county will
administer the project and be reimbursed by VDOT for the $1,250,000.
With the approval of this request, staff will proceed with the project.
No matching county funds are required.
Recommendation:
Staff recommends the Board take the following actions for the Route 1
(Merriewood Road - Elliham Avenue) Sidewalk project:
1. Transfer $25,000 in General Road Improvement Account funds;
2. Appropriate $1,250,000 in anticipated VDOT reimbursements;
3. Authorize the County Administrator to enter into the customary
VDOT/County agreements/contracts, permits/mitigation agreements and
surety agreements, acceptable to the County Attorney;
4. Authorize the County Administrator to proceed with the design and right-
of-way acquisition, including advertisement of eminent domain public
hearings if necessary and to accept the conveyance of right-of-way and
easements that are acquired;
5. Authorize the Chairman of the Board of Supervisors and County
Administrator to execute easement agreements for relocation of
utilities; and
6. Authorize the Procurement Director to proceed with the advertisement
and award of a construction contract for the project.
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: November 14, 2018 Item Number: 13.B.6.
Subiect:
Award of Construction Contract for County Project #17-0162, River Road
Pressure Reducing Valve, Vault, and Hull Street Road Water Line Improvements
County Administrator's Comments:
County Administrator:
Board Action Requested:
The Board of Supervisors is requested to authorize the Director of
Procurement to award the construction contract to Walter C. Via Enterprises,
Inc., in the amount of $985,000 and execute all necessary change orders up to
the full amount budgeted for the River Road Pressure Reducing Valve, Vault,
and Hull Street Road Water Line Improvements project.
Summary of Information:
The River Road Pressure Reducing Valve(PRV) and Vault portion of the project
includes a new PRV, vault, and 460 LF of 8" water line. This project will
increase system redundancy and reliability with a new water connection
between two different pressure zones, Physic Hill and Graves Road. The Hull
Street Road waterline portion of the project includes 732 feet of 12" water
line, which is parallel to Hull Street and between Call Federal Drive and
Price Club Boulevard. This section of new water line will bypass a section
of water line in Hull Street which is currently isolated due to a leak and
must be flushed from time to time. Staff received a total of two bids
ranging from $985,000 to $1,384,648. The lowest responsive bid was from
Walter C. Via Enterprises, Inc., in the amount of $985,000. The County's
engineering consultant, Whitman, Requardt & Associates, LLP, has evaluated
the bids and recommends award of the contract to Walter C. Via Enterprises,
Inc., the lowest responsive bidder.
Funds for this project are available in the current CIP.
District: Dale and Matoaca
Preparer: George Hayes, P.E. Title: Director of Utilities
Preparer: Meghan Coates Title: Director of Budget and Management
Attachments: 1:1 Yes 0 No #100101`01190
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page I of 1
1749, AGENDA
Meeting Date: November 14, 2018 Item Number: 13.8.7.
Subject:
Request to Quitclaim Portions of a Sixteen -Foot Water Easement Across the
Property of BSF Richmond, LP
County Administrator's Comments:
County Administrator:
Board Action Requested:
Authorize the Chairman of the "Board of Supervisors and the County
Administrator to execute a quitclaim deed to vacate portions of a 16 -foot
water easement across the property of BSF Richmond, LP.
Summary of Information:
BSF Richmond, LP has requested the quitclaim of portions of a 16 -foot water
easement across its property as shown on the attached plat for the Spring
Rock Green Parking Lot Rehab project. This request has been reviewed by the
Utilities Department. The existing waterline will be relocated and new
easements will be dedicated.
Approval is recommended.
District: Midlothian
Preparer: John W. Harmon Title: Real Property Manager
Attachments: ■ Yes FI No #
LTJ IN 10 11 V A 601 V, A Wm
Request to Quitclaim Portions of a Sixteen -Foot Water Easement Across the Property of LSF Richmond,
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: November 14, 2018 Item Number: 13.B.8.
Subject:
Acceptance of a Parcel of Land for Right of Way for Suncrest Drive from
Citizen and Farmers Bank
County Administrator's Comments:
County Administrator:
Board Action Reauested:
Accept the conveyance of a parcel of land containing
less, for right of way for Suncrest Drive from Citizen
authorize the County Administrator to execute the deed.
Summary of Information:
Staff requests that the Board
parcel of land containing 1.45
Suncrest Drive from Citizen an(
title to the county of right o
existence and partially state
dedication has been reviewed
Environmental Engineering.
Approval is recommended.
District: Clover Hill District
1.45 acres, more or
and Farmers Bank and
Df Supervisors accept the conveyance of a
acres, more or less, for right of way for
Farmers Bank. This dedication will convey
way for Suncrest Drive which has been in
maintained since the early 1960s. This
by county Transportation, Planning and
Preparer: John W. Harmon Title: Real Property Manager
Attachments: 0 Yes F1 No #
00009S
VICINITY SKETCH
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
h.AGENDA
Meeting Date: November 14, 2018 Item Number: 13.B.9.
Subject:
Designation of Right of Way and a Temporary Construction Easement for the
Winterpock Road Improvement Project
County Administrator's Comments:
County Administrator:
Board Action Requested:
Designate right of way and a temporary construction easement for the
Winterpock Road Improvement Project and authorize the County Administrator to
execute the designation.
Summary of Information:
In order to construct the Winterpock Road Improvement Project, it is
necessary that 2 parcels of county property containing a total of 0.359 acres
be designated as public right of way together with a variable width temporary
construction easement. This request has been reviewed by Transportation,
Environmental Engineering, Schools, and Parks and Recreation.
Approval is recommended.
District: matoaca
Preparer: John W. Harmon Title: Real Property Manager
Attachments: ■ Yes No #
011M— 'IS
VICINITY SKETCH
Designation of Right of Way and a Temporary Construction Easement
for the Winterpock Road Improvement Project
S
Designation of 0.219 Acres and
Temporary Construction Easement
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14, 2018 Item Number: 13.B.10.
Subject:
Resolution Recognizing November as Diabetes Awareness Month in Chesterfield
County
County Administrator's Comments:
County Administrator:
Board Action Requested:
Adoption of the attached resolution recognizing Diabetes Awareness Month in
Chesterfield County.
Summary of Information:
Approximately every 21 seconds, someone in the United States is diagnosed
with diabetes. More than 30 million children and adults in the United States
have diabetes, including more than 835,000 in Virginia, and another 84
million are at high risk for developing Type 2 diabetes.
The attached resolution recognizes November as Diabetes Awareness Month in
Chesterfield County and urges county residents to come together to fight this
deadly epidemic.
Preparer: Janice Blakley Title: Clerk to Board of Supervisors
Attachments: ■Yes —1 No
F
RECOGNIZING NOVEMBER AS DIABETES AWARENESS MONTH
IN CHESTERFIELD COUNTY
WHEREAS, diabetes is a serious disease with potentially
life-threatening complications including heart disease,
stroke, blindness, kidney disease and amputation; and
WHEREAS, more than 30 million people in the United States
have diabetes, including 835,000 in Virginia; and
WHEREAS, an additional 84 million people in the United
States are at risk of developing type 2 diabetes; and
WHEREAS, approximately every 21 seconds, someone in the
United States is diagnosed with diabetes; and
WHEREAS, an increase in community awareness is necessary
to put a stop to the diabetes epidemic.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes November as Diabetes
Awareness Month in Chesterfield County and urges county
residents to be a part of the American Diabetes Association's
movement to confront, fight and, most importantly, change the
future of this deadly disease.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page I of 1
AGENDA
1749
Meeting Date: November 14, 2018 Item Number: 13.13.11.
Subject:
Transfer up to $3,000 from the Matoaca District Improvement Fund to the Parks
and Recreation Department to Purchase and Install a Scoreboard on the
Athletic Field at Grange Hall Elementary School
County Administrator's Comments:
County Administrator:
Board Action Requested:
The Board of Supervisors is requested to transfer up to $3,000 from the
Matoaca District Improvement Fund to the Parks and Recreation Department to
purchase and install a scoreboard on the athletic field at Grange Hall
Elementary School.
Summary of Information:
Supervisor Elswick has requested the Board to transfer up to $3,000 from the
Matoaca District Improvement Fund to the Parks and Recreation Department to
purchase and install a scoreboard on the athletic field at Grange Hall
Elementary School. This request was originally made by the Clover Hill
Athletic Association. While the Board is not permitted to donate public funds
to an athletic association, the Board can transfer public funds to the
Department of Parks and Recreation to purchase and install a scoreboard since
this is a capital improvement to County property. The purchase must be made
by the Parks and Recreation Department in accordance with the Virginia Public
Procurement Act and County purchasing policies.
Preparer: Meghan Coates Title: Director Budget and Management
0425:113522.1
Attachments: Yes ■ No
- W -C CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of I
1,4sw AGENDA
Meeting Date: November 14, 2018 Item Number: 13.8.12.
Subject:
Transfer $1.2 Million from Harrowgate Elementary School Project to the
Manchester Middle Project
County Administrator's Comments:
County Administrator:
Board Action Request
Authorize the transfer of $1,200,000 savings from the Harrowgate Elementary
School project to the Manchester Middle project
Summary of Information:
CCPS received one bid for the Manchester Middle replacement project.
Kenbridge Construction Company, Inc. was determined to be the lowest
responsive and responsible bidder at $39,976,947.41. After awarding the
contract, the project - in whole - will have a funding gap of approximately
$3,370,600. The gap will be filled using savings from the Enon and Beulah
elementary school projects once both of those facilities are complete and in
use. A separate Board action to move those funds will be requested in early
2019.
In the interim, it is important that the project maintain a sufficient
contingency balance for construction. As such, staff is requesting that the
Board transfer $1.2 million from the Harrowgate Elementary School project to
the Manchester Middle School project. Because Harrowgate is now slated to
open a year sooner than when the project budget was built and land
acquisition was not required, staff believes that the project will experience
at least $1.2 million in savings and can transfer that balance without any
adverse effect on the project's scope or timeline.
As a safeguard for unforeseen circumstances for Harrowgate Elementary school,
however, staff would propose to backfill that $1.2 million as a part of the
Enon and Beulah project close out process via Board action this winter.
Preparer: Meghan Coates
Attachments: 1:1 Yes
Title: Director of Budget and Management
0 No '10co-'1_05
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page I of 1
AGENDA
Meeting Date: November 14, 2018 Item Number: 13.113.13.
Subiect:
Appropriate and Transfer $154,000 from FY18 Results of Operation to the
School Division for Schools' Supplemental Retirement Program
County Administrator's Comments:
County Administrator:_r�����
Board Action Requested:
Authorize the appropriation and transfer of $154,000 from FY18 results of
operation to the school division for Schools' Supplemental Retirement Program
(SRP)
Summary of Information:
As a part of the FY18 year-end process, the Board of Supervisors approved a
request from the School Board to re -appropriate $3.5 million from FY18 into
FY19 to fully fund the projected benefit payment for the SRP for FY19.
Subsequent to the time when that calculation was run, a small number of
participants choose not to participate in the program which reduced the
salary savings available to fund the payment, creating a larger funding gap
than was anticipated. As such, the School Board, at its November 13, 2018
meeting requested that an additional $154,000 from FY18 schools' results of
operations be re -appropriated into FY19 to fully fund the required payment to
the trust.
Staff has reviewed the request. There are sufficient school funds available
from FY18 to cover the request. The School Board memo from November 13 is
attached.
This agenda item will be reviewed as part of the November 9, 2018 Audit and
Finance Committee and during the Board of Supervisors work session on
November 14, 2018.
Preparer: Meghan Coates
Attachments: ■ Yes
Title: Director of Budget and Management
❑ No #
00451OG
CHESTERFIELD COUNTY PUBLIC SCHOOLS
CHESTERFIELD, VIRGINIA
CCPS MEMORANDUM #119-18 November 13, 2018
TO: School Board
FROM: Dr. Mervin Daugherty
Superintendent
SUBJECT: Amendment to FY 2018 Year End Reserve Request
SUPPORTING DOCUMENTS
ATTACHMENT A: Resolution
PERTINENT INFORMATION
On June 12, 2018, the School Board approved a budget review for year end 2017-18 requesting the Board of
Supervisors to fund a number of reserve requests from the projected $10.7M available ending balance. Among
those requests was an estimated $3.5 million to fully fund the projected benefit payments for SRP in FY 2019.
Between the time that this estimate was calculated and the end of FY2018, a small number of expected
participants dropped out of the program. This, in turn, reduced the available salary savings to transfer to the
trust fund, creating a larger funding gap than originally anticipated. All budgeted and reserved amounts for this
purpose now total approximately $154,000 less than the total required payment to the trust.
A preliminary review of the FY 2018 results of operations indicates that the school division's available ending
balance will be greater than the projected $10.7M reported on June 12. The difference should be more than
adequate to support the $154,000 necessary for the total required payment to the SRP trust fund. However, the
re -appropriation of the additional amount requires approval by the Board of Supervisors.
RECOMMENDATION
It is recommended that the School Board request the Board of Supervisors increase the re -appropriation for the
SRP funding gap from $3.5M (as shown in the BOS agenda item
#12.B.5 dated 6/27/18) to $3,654,000 to support the required payment to the SRP trust fund for FY 2019 and
approve the attached resolution.
Memo #119 -18
Attachment A
VIRGINIA: At a regularly scheduled meeting of the
Chesterfield County School Board held Tuesday evening,
November 13, 2018, at 6:30 pm in the Public Meeting
Room at the Chesterfield County government complex
PRESENT: John Erbach, Chair
Rob Thompson, Vice -Chair
Carrie E. Coyner
Dianne H. Smith
Javaid Siddiqi
RESOLUTION
WHEREAS,the School Board approved a budget review on June 12, 2018 for year end 2017-18 requesting the
Board of Supervisors to fund a number of reserve requests from the projected $10.7M available ending balance;
and, WHEREAS, ; a preliminary review of of the FY 2018 results of operations indicates that the school
division's available ending balance will be greater than the projected $10.7M on June 12; and, WHEREAS,
All budgeted and reserved amounts for the FY 2019 SRP trust fund payment total approximately $154,000 less
than the total required payment to the trust; NOW, THEREFORE, BE IT RESOLVED, that on motion of
, seconded by
, the School Board hereby requests the Board of
Supervisors to increase the re -appropriation for the SRP funding gap from $3.5M (as shown in the BOS agenda
item #12.B.5 dated 6/27/18) to $3,654,000 to support the required payment to the SRP trust fund for FY 2019.
Robert McDaniel, Clerk
Dr. Mervin Daugherty, Superintendent
November 14, 2018
Speakers List
Evening Session #1
(Following Presentation of Resolutions)
1. Leanne Mahadeo
2. Jegy Turner (picture to display)
3. Kathy Mortensen
4. Elizabeth Florek
5.
Evening Session #2
(End of the Evening Agenda)
1.
2.
3.
0
5.
1749
I I -W -Al V RX01 all -ill 1:4
A
Page 1 of 2
Meeting Date: November 14, 2018 Item Number: 15.A.
Subject:
Deferred Item - Consideration of a Land Lease and FBO Services Agreement with
Richmond Executive Aviation, LLC
County Administrator's Comments:
County Administrator:
Board Action Requested:
On October 24, 2018, the Board conducted a public hearing and deferred action
until November 14, 2018 in order to have additional time to review the land
lease, FBO agreement and the estimated financial impacts of these agreements.
Summary of Information:
Richmond Executive Aviation, LLC (REA) submitted an application to the County
to become a fixed based operator (FBO) at the Chesterfield County Airport.
Staff vetted this proposal versus requirements specified in the Airport's
Minimum Standards for FBOs to Provide Aeronautical Activities to the Public
and found that REA's proposal met those criteria.
If approved as an FBO, REA will construct through an affiliated entity, 5G
Air, LLC, and occupy two (2) 10,000 -square -foot hangars on pad sites 1 and 2
on the North Ramp.
Preparer: Clay Bowles Title: Director of General Services
Attachments: E Yes El No
000109
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of 2
AGENDA
Summary of Information, (continued):
As part of the FBO agreement, REA will provide the following services:
hangar storage of aircraft, tie -down parking of aircraft, line service and
sale of fuel, oil, lubricants and other incidental supplies, maintenance and
airframe repair of piston, rotor and turbine aircraft, aircraft rental,
flight instruction (parts 61 and 141), sale and/or lease of aircraft and
aircraft parts and supplies, damaged aircraft removal for owned and/or
managed aircraft, ground transportation including provision of a courtesy
vehicle and rental vehicles, and monitoring of/response to UNICOMM radio
transmissions.
Staff has reached an agreement in principle with REA with the following major
terms:
• 40 -year land lease with 5G Air, LLC at fair market value of
$.3438/square foot for construction of two (2) 10,000 -square -foot
hangars;
• 30 -year FBO agreement;
• Rental of approximately 138 square feet in the terminal building for a
reception desk;
• $.065 per gallon fuel flowage fee upon execution of lease (if flowage
fee paid by other FBOs increases, REA flowage fee would increase to an
equivalent amount, up to $.22/gallon).
LEASE AGREEMENT
This agreement (hereinafter "Agreement"), dated , 2018, is
made and entered into by and between COUNTY OF CHESTERFIELD, VIRGINIA ("County")
and 5G Air, LLC, a Virginia Limited Liability Corporation ("Tenant") for land at the Chesterfield
County Airport ("Airport").
In consideration for the promises, conditions and covenants set forth herein, the sufficiency
of which both parties acknowledge, County and Tenant hereby agree as follows:
ARTICLE 1. DESCRIPTION AND USE OFPREMISES.
1.1. Description of Premises. County hereby leases, the',Preinises (as described below and in
Exhibit A) to Tenant, and Tenant hereby leases the ,Premises frotn County, for the purpose of
constructing two (2) aircraft hangars and office space. The Premises:are generally described as:
North Ramp hangar pad sites 1 and 2 ("Premises"), which is more particularly described on
Exhibit A. As used in this Agreement, the term "Premises" refers to thexeal property described
above and any improvements located on the property from time to time during the term of this
Agreement.
1.2. Use of Premises. The County , has. entered into an FBO Services Agreement dated
("FBO Agreement") with Richmond, Executivd, Aviation, LLC ("REA"). As long
as the FBO Agreement remains in effect;`the Premises and Tenant Improvements shall be used
solely for REA's FBO ',operations, including but �note ,limited 'to ` storage, maintenance, and
management of aircrafft and other uses incident thereto; the office space attached to the hangar
may be used for management of aircraft and FBO operations. In the event the FBO Agreement is
terminated prior to the expiration of its term, the County shall have the right to purchase the Tenant
Improvements, at: fair market valuer �Tf he,County�,does not exercise the right to purchase the
improvements bn the Premises;'Tenant may continue to use the improvements in association with
any appro ed aeronautical -relate d", activities it `conducts at the Airport in accordance with the
minimum standards in effect'at such'time, and with the specific review and approval of County.
ARTICLE 2. ENTIRE AGREEMENT.
2.1 County and.Tenant intend; for this Agreement to supersede all prior or contemporaneous
oral or written agreements between the parties relating to the leasing the Premises.
CLE 3. TERM; HOLDING OVER.
3.1. Term. The term of this lease shall commence on and shall be for a term
of forty (40) years, terminating on , 2058. At the expiration of the term, Tenant
shall have a first right of refusal to lease the Premises and improvements at fair market value and
on such reasonable terms as the County determines, unless prohibited by FAA rules or regulations.
3.2. Holding Over. At the expiration of the Term, Tenant shall surrender the Premises
pursuant to Article 22. If Tenant holds over or remains in possession of the Premises without the
written consent of County, such holding over or continued possession shall be unlawful detainer
of the Premises by Tenant. If Tenant holds over or remains in possession of the Premises with the
prior written consent of County after the expiration of the Term unless the written consent specifies
otherwise, such holding over or continued possession shall create a tenancy from month to month
only, upon the same terms and conditions as are herein set forth so far as the same are applicable.
Rent for said holdover tenancy shall be adjusted to reflect the rate, as set forth in the then -current
Rent and Fee Schedule that is in effect during the time of the holdover. If Tenant fails to surrender
the Premises in a timely manner, after notice of termination of any such month-to-month tenancy,
or upon any termination of this Agreement prior to expiration of the Term in addition to any other
liabilities to County accruing therefrom, Tenant shall indemnify and hold County harmless from
any direct or consequential loss or liability resulting from such failure, including, without limiting
the generality of the foregoing, any claims made by any proposed new Tenant founded on such
failure.
ng underlinedie' rms, not otherwise defined
meanings ascribed to them:
including=,experimental, fixed wing and rotor.
Board. The Board of Supervisors of the County.
approved by County pursuant
ions and schedule for the development,
ilitation or reconstruction of Tenant's
County. The County of Chesterfield, Virginia, or any successor to or assignee of County's
interest in the Airport.
County's Estate. All County's right, title and interest in its fee estate in the Premises, its
reversionary interest in Tenant's Improvements located on the Premises pursuant hereto or
pursuant to a ground lease for hangar construction, and its interest under this Agreement.
County's Improvements. Those Improvements that are in place on the Premises as of the
date upon which possession of the Premises is delivered to Tenant or which are thereafter
constructed or installed therein by County or at County's expense.
2 000,113
Environmental Damages. All claims, judgments, damages (including punitive damages),
losses, penalties, fines, liabilities (including strict liability), encumbrances and liens, and any other
costs and expenses, resulting from the existence on or in, or release, escape, seepage, leakage,
spillage, discharge, disposal, or emission on or into the ground, water or air of Hazardous Materials
in violation of or alleged to be in violation of the Laws applicable thereto, including but not limited
to diminution in value of the Premises and/or Airport and any attorneys' fees, disbursements,
consultant's fees and other costs resulting from: (a) investigation and defense of any alleged claim;
and (b) directive of any Governmental Agency, whether or not the claims or directives are
groundless, false or fraudulent or ultimately defeated; and (c) any settlement or judgment.
Event of Default. A Default which continues after
of the applicable opportunity to cure, if any, set forth in Ai
FAA. The Federal Aviation Administratio
FBO. Fixed Based Operator.
Fuel Farm. The County -owned area in ::
improvements and equipment thereon,used for fuel
Governmental Agency. Any Federal;: State, or to
jurisdiction.
of notice and the expiration
viation fuel.: is stored and the
teling operations..
or authority having appropriate
Hazardous Matetials:.� (a),,Any petroleum or,petroleum products, flammable substances,
explosives, radioactive'materials,`hazardous wastes�r'of substances, toxic wastes or substances or
any other materials or:pollutants Which: (i) pose4,hazard to the`Airport or to persons on or about
the Airport; or (ii) cause`°the Airport to be in violation of any Hazardous Materials Laws; (b)
asbestos in any:, form which �iis or.,could. become friable, urea formaldehyde foam insulation,
transformers or`o�the`r equ,ipment'which contaih ielectric fluid containing levels of polychlorinated
biphenyls ,in excess oftfty,(50) parts per million; (c) any chemical, material or substance defined
as or included in the definition of.'„„'hazardous substances", "hazardous wastes", "hazardous
materials extremely hazardous waste.; , restricted hazardous waste or toxic substances or
words of siniil' r import under' any applicable local, state or federal law or under the regulations
adopted or publications proinu`lgated pursuant thereto, including, but not limited to, the
Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended,
42 U.S.C. § 9601, et sem:; the,Eazardous Materials Transportation Act, as amended, 49 U.S.C. §
1801, et seq.; the ResourceConservation and Recovery Act, as amended, 42 U.S.C. § 6901, et
seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et sec .; (d) any other
chemical, material or substance, exposure to which is prohibited, limited or regulated by any
Governmental Agency or may or could pose a hazard to the health and safety of the occupants of
the Airport or the owners and/or occupants of property adjacent to or surrounding the Airport.
Impositions. All taxes, assessments, charges, levies, fees and other governmental charges,
of any kind and nature whatsoever which shall be laid, assessed, levied, or imposed upon the
Premises or Improvements or any part thereof or on the business operations of Tenant.
Improvement(s). Structures, improvements, Systems, fixtures, equipment, attachments to
Structures and construction of any kind on the Premises, whether above or below the land, whether
or not owned by Tenant, including but not limited to, buildings, outbuildings, walls, ceilings, roofs,
sewers, electrical and gas distribution facilities, parking facilities, pavings and hard surfaces,
walkways, curbs, gutters, lights, fences, landscaping, plantings, poles, signs, aircraft hangar,
aircraft ramp, and any other improvements of any type or kind, including Tenant's Improvements;
and including any improvements on property adjacent to the Premises which is designed for use
in connection with the use of the Premises, and all replacements, reconstructions or restorations
thereof.
Insurance Requirements. All terms of any inst
Premises or the Improvements, or any part thereof, all
such policy, and all orders, rules, regulations and other
Underwriters (or any other body exercising similarf
Premises or the Improvements, or any part thereoL Or
Improvements, or any part thereof
Law/Laws. All present and future applicab
of any and all Governmental Agencies regulating
use and occupancy of Premises.
Major '.Decisions. All actions;,;
development, construction, managem(
encumbrance or other disposition or use o
Agreement and Tenarit's:compliance with
-e; poliey covering or applicable to the
zirements imposed by the issuer of any
jif6 meats of the National Board of Fire
ctions)i applicable to or affecting the
use or condition of the Premises or the
ces, rules,�'regulations or orders
or having jurisdiction over the
nts of Tenant regarding the
sale, transfer, financing,
ownership of Tenant under this
Minimum Standards. County's written policy, as amended from time to time at the sole
reasonable discretion of the County; establishing the,"minimum standards for conducting business
at the Airport, a copy o£which is;available`from,County upon request.
Other Leaseholds Those preiTiises within the Airport other than the Premises leased to and
in the possession of other tenants under' agreement from County.
Person. Any; person, firm, partnership, association, corporation, company or organization
of any kind.
Removable Trade Fixtures. All moveable personal property of Tenant reasonably required
for the administration of Tenant's business on and with respect to the Premises, that are not
permanently affixed to the Structures, including but not limited to business and financial records,
and articles, movable desks, chairs, lighting equipment, cabinets, shelves, racks, signs, displays,
counters and mirrors, and similar items which can be moved without releases of attachments to the
walls, ceilings or floors and which can be moved without damage to the Premises. Notwithstanding
the foregoing sentence, Removable Trade Fixtures shall not include (without limitation) any
Structure, landscaping, Systems or other systems or devices incorporated into, attached to or
reasonably necessary for the use and operation of the Premises.
k.
` in"3° ,1
Structure(s). Any structural improvement, fixture or equipment permanently attached to
the real property of the Premises which is enclosed by exterior walls, floor and roof and is designed
for human occupancy or use, the storage of materials, the conduct within of activities and business
or which requires the issuance of a Building Permit, certificate of use or occupancy for such space
pursuant to the applicable building and safety laws, rules and regulations. "Structure" shall
exclude, without limitation, carts, vehicles, kiosks and other similar items.
Sublease. Subleases, concessions, licenses, and any other like agreement in which a party
other than Tenant is granted or permitted the right, privilege or license to use, occupy, enter upon
or otherwise enjoy the Premises or any portion or facility thereof, or to conduct any business,
enterprise or activity thereon.
Subtenant. The party with whom Tenant contracts pursuant to a Sublease.
Systems. The heating, air conditioning; ;ventilating, mechanical, utility, plumbing,
electrical, alarm, communication and other ,systems incorporated", into or used with the
Improvements or used or useful in the convenient operation of the Premises. y
Tenant's Estate. All of Tenant's right, 1
Premises, its fee estate, if any, in Tenant's,,Improve
and interests under this Agreement.
Tenant's Improvements. Those Irnproverr
that were constructed ,or,installed by Tenant or
include, without limitation, airctafthangars, aitcra
and equipment pertinerit:to such
the
patro
st in its leasehold estate in the
within the Premises, and its rights
t;any given time on the Premises
xpense. Tenant's Improvements
nobile parking areas, landscaping
concessionaires, and other occupants of
ractors, operators, employees, invitees,
TENANT'S OBLIGATIONS.
5.1. Tenant shall maintain, clean (to include janitorial functions) and operate at Tenant's sole
expense the interior, and 'e'xterior,,,of all Tenant Improvements, reasonably acceptable to the County.
5.2. Tenant shall pay for all;utilities to support its use of Tenant Improvements, including water,
sewer, television, internet, computer networking, WIFI, telephone, gas and electric utility charges
and fees for the Premises.
5.3. Tenant shall provide trash collection services for the Tenant Improvements, to include the
collection dumpster.
5.4. Tenant shall provide effective snow removal at the Airport in the areas identified by the
facility snow removal plan with personnel who are on duty and otherwise available as reasonably
requested by County.
`00101ill
5.5. Tenant shall pay the total cost, except that portion funded by the state or federal
government, of any ramp and taxiway construction to connect to existing ramp surface necessitated
by the construction of Tenant Improvements.
5.6. Tenant shall perform all obligations contained herein at its own expense.
5.7. Tenant shall deal in good faith with County.
5.8 Tenant shall use Tenant Improvements only for aviation related purposes, unless approved
in advance by County Airport Management.
5.9. Tenant shall provide data/information, at the County's request, to support grant requests
for Airport improvements projects and other County projects4hitiatives.
5.10. Tenant shall provide reimbursement for the
damaged through negligent actions.
ARTICLE 6. OBLIGATIONS
6.1. County shall ensure that any of tenants' s
commercial aviation services who are permitted to
with the applicable Minimum Standards .and all
Airport.
pair or replacement of any County asset if
ARRANTIES OF COUNTY.
ontractors, vendors and other providers of
!rate, at the Airport are obligated to comply
et -,standards rules and regulations of the
6.2. County shall deal in good faith with Tenant'
6.3. County covenants that'if is seized of the Premises in fee simple and has full right to make
and enter into this lease:
6.4. County shall provide Tenant;with any proposed changes to Airport Minimum Standards
for Tenant'.,s review, and coinment,,priot to seeking approval of said change from the Board of
CLE 7. RENT.
7.1. Annual:.Rent. Tenarit.;shall pay" o County $.3438 per square foot of hangar space
constructed on 't1e;Premises annually. The rent shall be increased by a percentage equal to the
percentage increase;' if any, in thexCPI-U, U.S. City Average, all items (1982-84 = 100) on the last
day of the most recent lease year from the last day of the prior lease year. Notwithstanding the
foregoing, at no time during;
change order files (including documentation covering negotiated settlements), and any other
supporting evidence necessary to substantiate charges related to this Agreement (all the foregoing
hereinafter referred to as "records") shall be open to inspection and subject to audit and/or
reproduction, during normal working hours, by County's agent or its authorized representative to
the extent necessary to adequately permit evaluation and verification of any invoices, payments or
claims submitted by Tenant or any of his payees pursuant to this Agreement. Such records subject
to examination shall include those records necessary to evaluate and verify direct and indirect costs
(including overhead allocations) as they may apply to costs associated with this Agreement. Such
records shall include but not be limited to monthly print-outs of all leased, hangared and tie -down
aircraft identified by owner name, aircraft type and federal registration number.
(b) Tenant shall maintain and retain
Virginia's record retention schedules for localities.
(c) County's agent or its authorized
Tenant's facilities, shall have reasonable access
adequate and appropriate work space, in orderto.
(d) Unless County otherwise agrees, T
agents, and material suppliers to comply with the
requirements hereof in a written contract Agreemi
with the Library of
entative shall, have reasonable access to
necessary records, and shall be provided
L audits in compliance with thisparagraph.
shall require all subcontractors, insurance
3ionsof this paragraph by ;insertion of the
veen Tenant and payee.
7.3. Board of Supervisors ApprovaUNon-appropriation. This,Agreement is subject to approval
by the Chesterfield County Board of Supervisors ,'%County's.obligation to expend any funds
pursuant to the terms, conditions and provisions of this`,',,,`."' greement"beyond June 30th of each year
is subject to appropriation'by the°chesterfield ,Courity�Board� 6_1'Supervisors. County reserves the
right to seek Feder A'Aviatlon`:Administrati6i review of this Agreement prior to the
Commencement Date.
7.4. RentandFe'eAdjustrrsents;`"Rerits`and,fees�during the Term shall be reviewed and may,
upon mutivahagreement�be,adjuste&on each'five�,(5), year anniversary of the Commencement Date
to ensure that the structureof,this Agreement makes services available to the public at rates which
make the`airport as self-sustaining as possible under the circumstances.
7.5. Late Fees:, ,,Rent shall bepayable in advance and due by the I 01 day of each month, with
the first month of re4payable on� If any rent or other money payable
to County under this' Agreement is not paid by the tenth (15th) day ager due, a late fee of five
percent (5%) of the anoirnt'due"and unpaid (or $25.00, whichever amount is greater) shall be
added to the amount due, a4such total sum shall be due and payable to County as of the date the
original amount was due. An additional late fee in the same amount shall be added for each thirty
(30) day period following imposition of the initial late fee until such total sum is paid. The amount
and structure of late fees imposed by this Section are subject to automatic change and adjustment,
without prior notice to Tenant hereunder, concurrently with any change and adjustment to the late
fee provision set forth in the Rent and Fee Schedule.
W
ARTICLE 8. COUNTY'S RESERVATION OF RIGHTS.
8.1. Regarding the Airport. County reserves the right to take the following actions regarding
the Airport in its sole and absolute discretion and without Tenant's consent: (i) to change the name
of the Airport, the configuration, shape, size, location, number and extent of the various Other
Leaseholds and the Airport, and to eliminate or add any other leaseholds to any portion of the
Airport; (ii) to create any covenants, restrictions, easements or rights of way on or over the Airport
determined to be necessary or desirable by County in connection with the operation of the Airport
(or which are created, imposed or required by any Governmental Agency in connection with the
operation of the Airport); (iii) to make or permit changes to,,the Airport or any part thereof,
including, without limitation, additions, removals, rearrangements, alterations, modifications or
supplements to the building areas, walkways, parking areas, runways or other areas in the Airport
outside the Premises: (iv) to construct, or permit to bo..constructed other Structures, buildings,
systems, equipment or other Improvements in the Airport outside of the Premises; (v) to make
alterations thereof or additions thereto and to build additional stories:on any buildings; and (vi) to
close temporarily any areas of the Airport, includingrunways, for maintenance purposes or (in the
opinion of County) to maintain security, safety,�.or decorum, or the accrual of any rights of any
person or of the public to the properties and lands'o' ed by County at the Airport.
8.2. Right to Enter the Premises.':
to enter the Premises at reasonable t
the use and operations of the Prem
Airport, to respond to emergencies
generally improve ai
that entry shall not u
temporary interferen
constructed to allow
County and Its autho
for the purpose of e)
any per 'son
the Premises and to
necessary to: preve
County of the�e;
occasioned by the.
or unreasonable di
reserves tnel
crake period
naritain the
by County for
fight, after reasonable notice to Tenant,
;inspections of the Improvements and
security and good public order of the
repair,,:xemove or replace, add to or
ipment orfacilities, provided, however
-neficial use of the Premises excepting
's Improvements shall be designed and
set forth in this Section. In addition,
-ized representatives=may enter the Premises at any time during business hours
hibiting the Premises''topprospective Tenants. Tenant shall permit County or
d'by.'County"Jo„enter upon'the Premises and make any necessary repairs to
perforin any work therein that County, in its sole discretion, might deem
waste or,�deterioration or to enhance or preserve the Airport. No exercise by
ved rights,shall entitlelenant to any damage for any injury or inconvenience
;rcise of such rights; provided, however, that County shall repair any damage
irbance to the Premises resulting from the exercise of these reserved rights.
8.3. Utility Easements: � Tenant shall permit County or authorized public utility company to run
gas, water, sewer, electric ortelephone conductors, pipes, conduits or ductwork where necessary
over, under or through the Premises in a manner which will not unreasonably interfere with
Tenant's use of the Premises. Moreover, County reserves to itself the use of any County -owned
equipment, machinery, connections, pipes, ducts, conduits and wires that may currently lead to,
over and through the Premises and that serve other parts of the Airport, all in a manner and in
locations which will not unreasonably interfere with Tenant's use of the Premises.
8.4. County as Regulator. Tenant acknowledges and agrees that neither this Agreement nor any
other agreement with County shall bind County in its regulatory capacity and that nothing
contained herein is an agreement of County to issue or grant to Tenant any permit or approval
required by Law.
ARTICLE 9. TENANT IMPROVEMENTS.
9.1. New Hangar Construction. As consideration for this Agreement, within twelve (12)
months of the Commencement Date, Tenant, at its sole cost and expense, shall commence and
diligently pursue construction of two (2) 10,000 square -foot hangars, and thereafter diligently
pursue construction of said hangars ("New Hangars"). The siting of the New Hangars on/within
the designated pad site shall be approved by the County. Tenant,shall be responsible for all New
Hangar construction and development related fees and a proportionate share of the costs associated
with required storm water basin infrastructure improverrients,'and storm water nutrient credits.
Tenant's share of stormwater related costs shall nota exceed ,$1.02 per square foot of hangar
constructed. If Tenant fails to complete construction`of the New",' Hangars within eighteen (18)
months of the Commencement Date, then the�,;term of this �' Agreement shall terminate.
Notwithstanding the foregoing, if the New Hangar
Event of Force Majeure, Tenant shall not be in'defa
to submit the request for the site plan approval oT�co
the purpose of this Agreement, an `Event of Force
the reasonable control of Tenant, bur only„if and to
the exercise of reasonable diligence, cannot,be,prev,
such circumstance materially and adversely affects t
under this Agreement, and Tenant has taken all rea
alternative measures in orden� o avoid the ,effect
obligations under this:Agreement and to mitigate the
9.2. Other Improveme
the Premises,during the T
9.3. Const.
rehabilitate 'o
Premises (col
conditions of
(a) Construction
of Tenant's Work, Tenant=,s
specifications depicting any
thereafter:
of the
to
construction cannot be completed due to an
A and shall be provided with additional time
nplete construction of the:New Hangars. For
✓TaJeure” means any circumstance not within
the�extert that (i) such circumstance, despite
nted, avoided or removed by Tenant; and (ii)
ie ability;oTenant to perform its obligations
enable precautions, due care and reasonable
Df:sttch,,event `on its ability to perform its
consequences thereof
, including Tenant Improvements made to
expiration of the Term, or upon the earlier
of.
Tenant shall only design, construct, alter, install, restore,
a11;'Initial Improvements, and other Improvements to the
"Tenant's Work"), in accordance with the following terms and
is Costs, and Schedule. Prior to commencing construction of any
engage a licensed architect and/or engineer to prepare plans and
all proposed Improvements that are part of the project, and shall
(i) Submit to County for approval: (i) preliminary drawings and materials in
the form of plans, elevations, sections, colors and rendered perspectives
sufficient to convey the architectural design of the proposed Improvements
("Preliminary Plans"); and (ii) a statement of estimated construction costs
for the Improvements prepared by the engaged engineer or architect.
` a,
(ii) Following County's approval of the Preliminary Plans and estimated
construction costs, Tenant shall submit to County for approval: (i) detailed
working plans and specifications which will serve as the basis of any and
all application(s) to Government Agencies for building permits to be issued
for such Improvements; (ii) a revised statement of estimated construction
costs for the Improvements prepared by the engaged engineer or architect;
and (iii) a proposed schedule for construction of any and all Improvements
that are part of the proposed project.
The approvals required of County pursuant to this Section shall not be
unreasonably withheld, conditioned or V"delayed. The plans, drawings,
specifications and schedule for the doristruction, alteration, installation,
restoration, rehabilitation or reconstruction of Tenant's Improvements
which have been approved by, C&mty in accordance with this Section are
hereinafter referred to as the ,"approved Plans." .
In no event shall approval' v County of plans or arty other matter or thing
make County responsible for".the condition of the Premises or constitute a
representation,by County of the compliance of such plans�or other matter
or thing with, any'Laws,
requirements (oth
such approval) o
County may have
the purposes of
dinate With the
uirements or other applicable
uirements that are the subject of
any rights and remedies that
at law or in equity.
operations, Tenant shall
on the status of the
roject and &Timeline and obtain approvals from Airport
nee,°for, all workthat could interfere with Airport operations.
accornplished via" a single point -of -contact from the Tenant.
Surety Borid.;,'Prior toycommencing construction of any of Tenant's Work, Tenant
shall furnish to County a surety:bond m the,amount of the total estimated construction costs of the
subject Improvements. The lei'i s of the `'surety bond shall be acceptable to County in its
commercially reasonable discretion. In lieu of the above surety bond, Tenant may provide some
other instrument satisfactory to County or cash deposit which shall guarantee to County completion
of the subject ImproveYients.
(c) Construction' of Improvements. Tenant shall cause the work described in such
Approved Plans to be performed, at its sole cost and expense, in a diligent manner by a licensed
general contractor and in compliance with all applicable Laws, Governmental Agency
requirements and Insurance Requirements and the standards set forth in this Agreement, without
interference with or disruption to the operations of County, any other tenants or the Airport. Tenant
warrants and represents that all design and construction for Tenant's Work shall conform with all
Laws and the construction and architectural standards established or adopted by County for the
Airport, as may be amended from time to time, and shall meet all of the requirements contained in
this Agreement and either shall have been approved by or shall be in accordance with the standards
0 ���
10
and requirements of Tenant's (and, if applicable, County's) lender and fire insurance carrier prior
to the commencement of construction.
ARTICLE 10. MECHANICS' LIENS.
10.1. No Liens. Tenant shall do all things necessary to prevent the filing of any mechanics' or
other lien against the Airport, the Premises or any part thereof by reason of work, labor, services
or materials supplied or claimed to have been supplied to Tenant or any of Tenant's Parties, or by
reason of a failure to pay any Impositions which are required to be paid. During the construction
of any Tenant's Work, Tenant shall cause each contractor, -subcontractor or supplier which
performs any of Tenant's Work to furnish County with an unconditional lien waiver (in form and
content satisfactory to County) promptly upon completion p such party's services. If any such
lien shall at any time be filed against the Airport or theTfOniises, or any part thereof, Tenant shall
either cause the lien to be discharged of record within'tlirty (30), calendar days after the date of
filing of the lien or, if Tenant in its discretion and, iif",good faith determines that such lien should
be contested within such time period, Tenant s1?all'Turnish such security"as may be necessary or
required, in County's reasonable judgment, to:;prevent any foreclosure' proceedings against the
Airport, the Premises or any part thereof and to" permit a reputable title insurance company to
insure over the lien during the pendency of such contest If -,Tenant shall fa1�>,to discharge such
lien within such thirty (30) calendar��ay period or fail to4urnish such security within such period,
such inaction shall constitute a Default under this Agreement and, in addition to any other right or
remedy of County resulting from such Defaul ,,�,," 'Tenant fails"to;take either of such actions within
ten (10) additional days after receipt of County's notice. of Default;, County may, but shall not be
obligated to, discharge the;lien�either by paying the aniount:claimed,to be due or by procuring the
discharge of such li6AV6y givnlg ,security or,`insuch other,"manner as is, or may be, deemed
necessary by County
11.1 ;`Tenant'
herein ai shall not be used
Business" 1 without the prior
nd void if not
shall be null a
the Premises in
(a) Tenant shall.
and any other operating rei
N; QUIET ENJOYMENT.
,s. The Premises shall be used solely for the purposes described
any other,purpose or business (hereinafter referred to as "Unrelated
itten consent of County. Authorization for any other approved use
„rcised within six (6) months after being granted. Tenant shall use
iahe following terms, conditions, and standards:
with the Minimum Standards, Airport Rules and Regulations
nts promulgated by County, applicable to each of Tenant's
activities at the Airport. In the event that the provisions of this Agreement directly conflict with
the Minimum Standards or Airport Rules and Regulations, the more restrictive provision shall
control unless otherwise agreed in writing by County. Tenant shall fully and cooperatively comply
with all ramp operational procedures promulgated by Airport management.
(b) Tenant shall not perform or suffer others to perform or conduct any activity or
operate any business that contaminates any portion of the Airport or disposes or releases any
waste, contamination, or Hazardous Materials onto, into or underneath any portion of the Premises
or Airport.
11
01
(c) Tenant shall properly collect, store and dispose of used oil and other Hazardous
Materials generated on the Premises in accordance with applicable Laws and regulations.
(d) Tenant shall timely remit all expenses and payments in connection with the use of
the Premises and the rights and privileges herein granted, including Impositions, taxes, permit fees,
license fees, and assessment lawfully levied or assessed upon the Premises or property at any time
situated therein and thereon.
(e) Tenant shall comply with all Laws, rules, and regulations which may apply to the
conduct of the business contemplated, including rules and regul'a`tions promulgated by County,
and Tenant shall maintain in effect and post in a prominent -;place all necessary and/or required
licenses or permits.
(f) Tenant shall provide and keep currentin the AirportManager's office a list of key
employees and their telephone numbers for emergency contact purposes:
(g) Tenant shall provide the Airport
aircraft owned by Tenant or in Tenant's,,,custody r
(h) Tenant shall not
Airport or to the exterior of the building
kind without obtaining the,prior written
and approvals.
11.2. [Intentionally
11.3. Duret Enjo ment. Co
covenants<arid`conditioris, of th
the Term;i if any, without hindr
subject, "lowever, to any r
encumbrances`to which this A
the extent exnressIv set forth i
a listing of all
with
or permrtto be erected or displayed, on the
emises, any signs or advertising matter of any
f County and applicable governmental review
that Tenant,, upon paying the rents and performing the
it may quietly have, hold and enjoy the Premises during
inty or,by anyone claiming by, through or under County,
easements, restrictions, reservations of rights, and
,now or hereafter becomes subordinate or subject to, to
COMPLIANCE; COOPERATION.
12.1. Compliance with Laws and Insurance Requirements. Tenant covenants and agrees not to
violate or permit the violation of, and at its expense shall comply or cause to be complied with, all
Laws, regulations and Insurance Requirements, and Tenant shall, at its sole expense, procure all
licenses, permits or other authorizations required in order to lawfully and properly use, as a portion
of the Airport, the Premises in the manner authorized, required and contemplated by this
Agreement.
12.2. Cooperation with other Tenants; Rules and Regulations. Tenant shall reasonably
cooperate with all other tenants operating at the Airport and shall conduct its operations so as to
avoid unreasonable interference with the use and operation of Other Leaseholds. County may, at
12
its discretion, adjust and determine any difference or conflict that may arise between Tenant and
other tenants. Upon written notice by County to Tenant, Tenant and Tenant's Parties shall observe
faithfully and comply with generally applicable rules and regulations, day-to-day operating
procedures governing the decorum of the Airport and the health, safety and welfare of the
occupants, visitors and patrons of the Airport as may from time to time be promulgated or
established by the various departments and agencies of County, State and Federal authorities
having jurisdiction over such matters.
ARTICLE 13. UTILITIES.
13.1. Payment by Tenant, Indemnification. While the i
(a) arrange for and pay any and all initial utility deposits
and (b) arrange for and pay all monthly service cl
sewage, and any other utility services furnished t
Tenant shall defend, indemnify and hold County,,
expenses (including but not limited to reasonable`
such utility charges are not paid by Tenant whey
other rights or remedies for Tenant's Default) may
department furnishing the utility service if Tenant
•eembnr remains in effect, Tenant shall:
, fees, connection and metering costs;
relectricity, gas, telephone, water and
;Mises ;and the Improvements thereon.
against arivIiability, charges, costs or
'fees) on account thereof. In case any
County (withoufj,initation on any of its
the
County's notice and demand that payment ,be made, aril
County shall be treated as payment due Co,intytfrom T
shall accrue late fees pursuant to Section7.5
E 14.
AL
lity charges tothe`,utility company or
within ten (10) dd after receipt of
such event any amounts so paid by
t:,as of the date paid by County and
J�
TIONS.
14.1. Indemnity. In addition toy any other`;;iindemnifications provided elsewhere in this
Agreement,;Teriantshall defend, ,indemnify,and hold harmless County, its boards, commissions,
agencies, :
$1 million disease, policy limit
Automobile Liability — owned, non -owned and hired autos
$1 million combined single limit for bodily injury and property damage
Airport Liability — combined liability coverage for bodily injury and property damage
$5 million per occurrence
Products/Completed Operations subject to an Aggregate limit of $1 million
(Piston/Aircraft)/$5 million (Turbine Aircraft)
Hangarkeeper's Liability
$4 million each aircraft, $10 million each
Premises Pollution Liability — combined liability limit 'co'verage for bodily injury, and
property damage, including cleanup, treating; detoxifying;,arid,removal costs to apply to
all fueling and maintenance operations
$1 million each occurrence
The insurance specified above shall,apply as prim' ary:,and=pori=contributory`with respect to any
other insurance or self-insurance vro�krains. afforded the,Couhty of Chesterfield.
The Airport Liability insurance shall be; endorsed to add Chesterfield County as an additional
insured. This policy shall be endorsed;. to be biiniary with�I''' ect to the additional insured
insurance.
At the time of execution of this<;Agreement �`by;Tenant, Tenant shall furnish County with a
Certificate of Insurance "naming County as an additional insured for all coverages. During the term
of this Agreement and all e- enslons, Tenant shalt4urnish County with updated Certificates of
Insurance. eflecting'any.and all changes to'Tenant's' nsurance coverage including but not limited
to changes,">in coverage 4erms, coverage limits, insured risks, agents or insurers. Should any of the
coveragebe,canceled, the issuing company or its agent will mail thirty days written notice of such
cancellati6n10,,County.
14.3. Insurance'=Documents. :.Tenant agrees to provide County with the following insurance
documents. With respect to the,,general insurance coverage requiredpursuant to this Article,
Tenant shall provide `County.=,uitl the following documents on or before the date upon which
possession of the Premises is,del`ivered to Tenant:
(a) Certificates of insurance for all required coverages - each certificate shall indicate
specifically the form on which the policy is written and the policy deductible.
(b) Additional insured endorsements.
(c) Waiver of subrogation endorsements (A.K.A.: "Waiver of Transfer Rights of
Recovery Against Others", "Waiver of Our Right to Recover from Others").
14
(d) 30 -day notice cancellation clause endorsements.
(e) Loss Payee endorsements.
Thereafter, original certificates, and/or amendatory endorsements effecting coverage
thereof shall be delivered to County within fifteen (15) days prior to the expiration of each term
of such policy. It is the responsibility of Tenant to confirm that all subcontractors that Tenant
may use for the completion of this Agreement comply with all the terms and conditions of the
Insurance Provisions. Tenant agrees to permit County, at any reasonable time, to inspect Tenant's
policies of insurance with respect to the Premises.
14.4. Failure of Tenant to Obtain Insurance. In the event'Tenant fails or refuses to procure or
maintain all insurance required by this Agreement or"s' or`„refuses to provide County with
required proof of the same and is in full force and effedt -and paid, for County shall have the right,
but not the obligation, on five (5) days written notice to Tenant, t6' procure and maintain such
insurance. All premiums paid by County shall be,tr`eated as payment due County from Tenant as
of the date paid by County and shall accrue late; fees pursuant to Section 7:5:
14.5. No Limitation of Liability. Insurance coverag&,4n th&I'mimum amounts,,set forth herein
shall not be construed to relieve Tenant for,liability in eXdessof such coverage, nor shall it preclude
County from taking such other actions as�,a'* available to` it under any other provisions of this
Agreement or otherwise at law or in equity.
14.6. Adjustment of Q'0” e Tenant shall notify County�in writing within ten (10) days of its
determination that any`i,aggregateirisuranee lirnrt ;is,,exceeded.,�.In3such event, additional coverage
must be purchased by Tenant as directed by County". County retains the right to periodically review
and adjust the types and amounts of.insurance coverage required under this Article 14 which shall
be adjusted concurrently tothe,applicable requirements prescribed by the
then current>,Rent and;:Fee Schedule and%or by ,County's Risk Manager (or equivalent County
his or her reasonable discretion Tri addition, Tenant acknowledges that insurance
officer) m'
underwriting standards and piactices`aie,subject to change, and, that, over the course of the Term,
the types or amounts of coverage provided herein may be determined for good cause to be
inadequate toinsure existing or;rnewly identified risks. Accordingly, if such conditions change,
County reserves lie,right in its reasonable discretion to modify the required amounts or types of
insurance or any otherinsuranc&t;eguirements set forth in this Article 14 provided that Tenant shall
not be required to purchase,insurance that is not commercially available.
14.7. Hazardous Materials." Tenant covenants that no Hazardous Materials shall be brought onto,
stored, used, transported or disposed of at the Premises by Tenant or any of Tenant's Parties, except
in strict compliance with all Laws controlling the presence and use of such materials. No
Hazardous Materials shall be placed into the plumbing or waste treatment systems of the Premises
except for systems designed to accept Hazardous Materials for treatment and discharge in
accordance with the Laws applicable thereto. Tenant shall undertake special attention and
precautions to prevent the discharge or disposal of any Hazardous Materials in or on the Premises
and to prevent the discharge or disposal of any waste, contamination, foul substances, trash or
other offensive materials from the Premises into any portion of the Airport. Tenant shall hold
15
harmless, indemnify and defend County and the other Indemnified Parties from and against any
direct (but not indirect or consequential) Environmental Damages resulting from events occurring
on or about the Premises during the Term arising from the physical condition of the Premises
arising from the acts or omissions of Tenant or any of Tenant's Parties, except to the extent such
Environmental Damages arise from the willful or negligent misconduct of any of the Indemnified
Parties. Tenant covenants to promptly notify County when Tenant becomes aware of (a) the
presence of Hazardous Materials in or on the Premises which were not previously authorized by
County in accordance with the provisions of this Section or otherwise approved in writing by
County; and (b) the release on or into the Premises, the Airport, or the air of Hazardous Materials,
whether or not caused or permitted by Tenant. Such notice.:shall include as much detail as
reasonably possible, including, to the extent known by Tenant,;,the location, type and quantity of
Hazardous Materials released. If the unauthorized existence of Hazardous Materials on the
Premises or Airport is caused or permitted by Tenant;, or :Tenant releases Hazardous Materials
beneath, on or above the Premises or Airport, „arid' such existence or release results in
Environmental Damages, Tenant, at its sole expert
the Laws applicable thereto to return the PremiSeS;"
the events which resulted in Environmental Dam;
shall take no remedial action with respect to any En
consent of County, and County reserves the right in
action at Tenant's cost; provided, however, that T
action that may be necessary to comply with,app:
Environmental Damages from occurring:°,Tenant �s
requirements of County from time to �-time to'
administration of the orovisio`ns of this Section, w
that to Tenant's knowledge it i;
and will cause any Sizllease to
which expressly state tha(they
survive tme expiration, or, ear
this Agreement was in'eff
responsible, for any Environ'
execution
provis
the bei
'shall promptly"take all actions required by
/or Airport to the condition existing prior to
s. Notwithstanding,,',",, the foregoing, Tenant
)nmental Damages without the prior written
Sole discretion to perform°any such remedial
nt`; reserves the right to take such remedial
ble haws or to mitigate or prevent further
1, in addition, comply with any reasonable
plement or ,facilitate the enforcement or
certify annually; if so requested by County,
lI Law`s. applicable to Hazardous Materials,
>stantially"the same as those in this Section
and may be enforced by County. Tenant's
obligations set forth in this Section shall
reement as to events and occurrences while
that it shall not attempt to hold Tenant
to the Airport property in existence at the time of the
14.8. Stormwater°�Reeulations: Tenant acknowledges the Premises are subject to federal
stormwater regulation's:(40 CF"art 122) for aircraft maintenance shops (including aircraft
rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning
operations that occur at the;Airport as defined in these regulations and, as applicable, State and
local stormwater regulations',' enant further acknowledges that it is familiar with these stormwater
regulations; that it conducts or operates vehicle and aircraft maintenance, equipment cleaning
operations activities as defined in the stormwater regulations; and that it is aware that there are
significant penalties for submitting false information, including fines and imprisonment for
knowing violations. Airport and Tenant both acknowledge that close cooperation is necessary to
minimize costs. Tenant acknowledges and agrees that it will undertake all reasonably necessary
actions to minimize the exposure of stormwater to significant materials generated, stored, handles,
or otherwise used by Tenant, by adhering to County requirements and "Best Management
Practices." Best Management Practices describes practices employed to prevent or reduce source
16",
water pollution, such as the construction of runoff -retention basins and replanting eroding surfaces.
The Airport will conduct annual Best Management Practice inspections to assure Tenant
compliance.
ARTICLE 15. FIXTURES AND PERSONAL PROPERTY;
PAYMENT OF IMPOSITIONS.
15.1. Removable Trade Fixtures. Any Removable Trade Fixtures shall remain the property of
Tenant and County agrees that Tenant shall have the right to remove any and all of its Removable
Trade Fixtures which it may have stored or installed in the Pzemises, provided Tenant is not in
Default. Nothing in this Article shall be deemed or construed;to'permit Tenant to remove such
Removable Trade Fixtures without the immediate replacement thereof with similarproperty of
comparable or better quality, if such removal renders the Premises unsuitable for conducting the
type of business specified in this Agreement. Tenant shall, at its expense, immediately repair any
damage to the Premises caused by the removal of "any such Removdt Trade Fixtures, signs, and
other personal property. All Removable Trade FiXtures installed in or attached to the Premises by
Tenant must be of good quality and good conditions when so installed or attached.
15.2. Taxes on Improvements an
all taxes or fees levied, assessed
Fixtures, aircraft, machinery, and
by Tenant.
6.
16.1. Self -Help. In�Jhe event
performance of its maintenance o
Tenant,�shall be°.responsible for pf6 npt payment of
I upon 'its, business operation, Removable Trade
sonal prop' e`rty in, on or upon the Premises owned
CE.
that Tenant is in Default of Tenant's
Agreement, County shall notify Tenant in
writing of such=,Default, des6ribing9the basi&there6f Jf Tenant fails to corrector cure such Default
within a.reasoliable tinie,after 'receipt of such;written notice (but in no event later than fifteen (15)
days thereafter), or if Tenant's performance ofiis�rnaintenance obligations under this Section is
habitually',breached by Tenant, then; upon thirty (30) days' prior written notice, County may, but
is not obligated to, enter upon: the Premises and perform any work or provide any material
reasonably necessary to corrects uch Default, in which case Tenant shall assume all liability for
such work or material and the maintenance thereof, and shall reimburse County, as additional rent,
for all reasonable 'costs' incurred, ,,by County in connection therewith within fifteen (15) days
following written deman&therefor from County. If the Default or the condition of the Premises in
the reasonable opinion of County constitutes an imminent threat or danger to public safety or other
emergency that requires immediate attention, County may enter the Premises immediately after
giving Tenant such written or oral notice as shall be reasonable under the circumstances to cure
such Default or repair such condition. County shall not be required to furnish notice to any
Mortgagee prior to the exercise of its rights under this Section.
16.2. Approvals by County. For all repairs and maintenance undertaken pursuant to this
Agreement, Tenant shall comply with each and every condition for performing Tenant's Work set
forth in this Agreement, including County's approval of Approved Plans therefor as required in
Article 9, except that such Approved Plans shall not be required for: (a) non-structural repairs to
17
the interior of the Improvements, and (b) other minor repairs for which the estimated cost does not
exceed Twenty Five Thousand and No/100 Dollars ($25,000.00) per instance of repair or
maintenance or Fifty Thousand and No/100 Dollars ($50,000.00) in the aggregate in any calendar
year (subject to adjustment from time to time by County based on changes in the CPI).
ARTICLE 17. RECONSTRUCTION.
17.1. Damage or Destruction by Insured Casualty. In the event any of the Improvements are
damaged by a casualty actually covered by Tenant's insurance or a casualty which is required to
be insured against by Tenant pursuant to Article 14 of this Agreement, unless otherwise agreed to
in writing by County, Tenant shall, within a reasonable period',`"oftime, commence and complete
the restoration, replacement or rebuilding of the Improvements; together with such alterations and
additions, or variations from the original plans for the`; exterior elevations (including materials
selection and color) or the size, bulk and scale of the.Improvements and such alterations or changes
as are required by then current building code, such repair or restoration to be performed in
accordance with all provisions of this Agreement°and at no cost to County.
17.2. Damage or Destruction by Uninsured Cas
damaged by a casualty not covered by Tenant's ii
against by Tenant pursuant to Artie 16"'14of this
debris resulting from such casualty, take such°?rne
of any undamaged Improvements on 'd,,sho'rt=
reconstruction or demolition can be accomb7ished
and safety hazards, andsWithin,lareas
all provisions of this yAgreemen.,-,
Improvements so damaged; (ii) ere
location; (iii) demolish the; damn
Improvements' o an, architectural' ;
Section I7.3) and removet'all rub
to County; which alternative,,,° it
occurrence ofahe casualty;
under clause (ii)`,'immediately "al
County's approval,.or, disapprova
if T
)le
at
In th&I event any of the Improvements are
ice and Which is not required to be insured
einem, Tenant shallpromptly remove the
as rmy,be required to protect the integrity
basis:, until a complete renovation,
eliminate'or mitigate any immediate health
i er' enant sfia11 further, in accordance with
County, 'either: (i) repair or restore the
nts as may be approved by County in such
;h Improvements, restore any remaining
>1e,';.Pave or`,otherwise restore the area to a neat, orderly,
(iv) °terminate,,'=this Agreement (if authorized pursuant to
I debris the Premises. Tenant shall give written notice
not later than the later o£ (i) thirty (30) days after the
,nant,submits plans for the erection of other Improvements
vithiri 90 days of such casualty, then within 30 days after
such plans.
17.3. Termination Upon_Substantial Damage. If Improvements having a replacement value of
seventy-five percent (75%)°ori more of the value of all of the Improvements on the Premises should
be destroyed by any cause, except as caused primarily by the fault of Tenant, or declared unsafe
or unfit for occupancy by any authorized public authority for any reason, except as caused
primarily by the fault of Tenant, either wholly or in such a degree as to substantially impair
Tenant's use of the Premises, then Tenant may elect to terminate this Agreement in lieu of such
restoration, replacement or rebuilding by delivering written notice to County of such election to
terminate this Agreement on a date not later than sixty (60) days from the date of delivery of said
notice, citing this Section. Such notice of termination shall be delivered to County not later than
sixty (60) days after the occurrence of the casualty, together with a bona fide cost estimate for the
anticipated costs from an independent licensed contractor, architect or other qualified party. Upon
18
such termination, Tenant shall also assign to County all insurance proceeds that are not applied by
Tenant to the repair and restoration of the Improvements as set forth hereinabove, and, in addition,
Tenant shall cooperate with County in obtaining such insurance proceeds, except such proceeds as
are reasonably allocated by the insurance company to the Removable Trade Fixtures.
17.4. Commencement of Restoration. If the Improvements on the Premises shall be damaged or
destroyed, and either the provisions allowing termination of this Agreement do not apply, or the
provisions of this Agreement allowing termination do apply but Tenant does not elect to terminate
this Agreement, Tenant shall commence its obligations of repair and restoration set forth in this
Article as soon as practicable, and shall prosecute the same to completion with all due diligence.
17.5. Abatement of Rent. In the event of any d
Article and so long as this Agreement remains in
discuss whether the extent of such damage, repair
for the Premises.
ARTICLE 18.
18.1. Restrictions on Transfer. T
Agreement without the prior writtei
For purposes of this section, a tran
Tenant or a delegation of respc
corporation or other entity,.,,.",,,,.
or restoration provided for in this
at terminated, the parties agree to
iustifies an abatement in the rent
shall not sell,tran0er,; assign, or subletits interest in this
ent, of County, which shall not be unreasonably withheld.
hallinclude a transferor sale of a controlling interest in
ity imposed hereunder to another single individual,
MORTGAGING.
19.1. Leasehold Mortg`ag"e., Tenant -shall not gine, grantor enter into any Leasehold Mortgage
without County's prior written approval Tenant covenants that all obligations to an approved
Leasehold?Nlortgagee�sha11 be fully„and timelypaid and satisfied, and Tenant will not cause, suffer
or allow' a default of Tenant's obligations under "any Leasehold Mortgage.
ARTICLE 20:AIRPORT REGULATORY PROVISIONS.
20.1. Re ug tatory"Provisions.;�The following Governmental Agency regulatory provisions
constitute binding ternns;,conditions and reservations of this Agreement:
(a) Tenant, for himself, his heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant
running with the land that in the event facilities are constructed, maintained, or otherwise operated
on the property described in this Agreement for a purpose for which a United States Department
of Transportation ("DOT") program or activity is extended or for another purpose involving the
provision of similar services or benefits, Tenant shall maintain and operate such facilities and
services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal
Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights
Act of 1964, and as said Regulations may be amended.
19
(b) Tenant, for himself, his personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant
running with the land that: (1) no person on the grounds of race, color, sex, religion or national
origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of the facilities; (2) in the construction of any improvements on, over, or
under such land and the furnishing of services thereon, no person on the grounds of race, color,
or national origin shall be excluded from participation in, denied the benefits of, or otherwise be
subject to discrimination; and (3) Tenant shall use the premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21,E Nondiscrimination in Federally -
assisted Programs of the Department of Transportation Effectuation of Title V1 of the Civil Rights
Act of 1964, and as said Regulations may be amended._::,. .
(c) That in the event of breach of
County shall have the right to terminate the Agr
the facilities thereon, and hold the same as if the
provision does not become effective until the 1
completed including expiration of appeal rights.
(d) Tenant shall furnish its
unjustly discriminatory basis to all us
unjustly discriminatory prices, for each
make reasonable and nondiscriii inaton
to volume purchasers:
the above nondiscrimination covenants,
and to reenter aridxeoossess the land and
[""that Tenant may be allowed to
-r similar type of price reductions
ion 20.1(4), shall constitute a material breach thereof and,
unty shall `Have the right to terminate this Agreement and
ty`therefor,":or at the election of County or the United
to judicially enforce the provisions of Section 20.1 (d).
the provisions of Section this 20.1, subsections (a) through (e),
1111
which "Tenant grants a right or privilege to any person, firm or
dons and/or services to the public on the Premises herein leased.
(g) To the extent. applicable, Tenant assures that it will comply with14 CFR Part 152,
Subpart E, to ensure that"no;person shall on the grounds of race, creed, color, national origin, or
sex be excluded from participating in any employment activities covered in 14 CFR Part 152,
Subpart E. Tenant assures that no person shall be excluded on these grounds from participating in
or receiving the services or benefits of any program or activity covered by this subpart.
(h) County reserves the right, but shall not be obligated to Tenant, to maintain and
keep in repair the landing area of the Airport and all publicly owned facilities of the Airport,
together with the right to direct and control all activities of Tenant in this regard.
9M
20
(i) Tenant agrees to comply with the notification and review requirements covered in
Part 77 of the Federal Aviation Regulations in the event future construction of a building is
planned for the Premises, or in the event of any planned modification or alteration of any present
or future building or structure situated on the Premises.
0) It is understood and agreed that nothing herein contained shall be construed to
grant or authorize the granting of an exclusive right within the meaning of § 308a of the Federal
Aviation Act of 1958 (49 U.S.C. 1349a).
(k) There is hereby reserved to County, its successors and assigns, for the use and
benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface
of the Premises. This public right of flight shall include the right to cause in the airspace any noise
inherent in the operation of any aircraft used for navigation or flight through the airspace or
landing at, taking off from or operation on the Airport.
(1) Tenant, by accepting this Agreement expressly agrees fot.itself, its successors and
assigns that it will not without the consent of County erect nor permit the erection of any structure
or object nor permit the growth of any tree on the Ian& leased,hereunder above the mean sea level
elevation of more than 100 feet. In„the event the �aforesaid,'oovenants are breached, County
reserves the right to enter upon the Premises and to remove',,the offending structure or object and
cut the offending tree, all of which shall be'`at'the expense of Tenant.
Airport by the`United States
this Agreement, agrees for itself, its successors and assigns
Wises in,`any mariner' which might interfere with the landing
Airport 6r,constitute a hazard. In the event the
my reservesthe right to enter upon the Premises and cause
the expense:of, Tenant.
all the proisions,,hereof shall be subject to whatever right the
ror in the fufure may have or acquire, affecting the control,
�r of the Airport or the exclusive or nonexclusive use of the
thetime of war or national, state or local emergency.
20.2. Government ,Inclusions =,:,This Agreement shall be subordinate to the provisions of any
existing or future `agreements ;between County and the United States Government or other
Governmental Agency,'i6latiwe`4o the operation or maintenance of the Airport, the execution of
which has been or will be required as a condition precedent to the granting of Government Agency
funds for the development of the Airport. County shall provide Tenant with advanced written
notice of any such provisions that could result in the substantial impairment of Tenant's authorized
use of the Premises under this Agreement. If Tenant, in its commercially reasonable judgment,
determines that any such provision will result in the substantial impairment of Tenant's authorized
use of the Premises under this Agreement, Tenant shall have the right to terminate this Agreement
on thirty (30) days written notice to County which right to terminate must be exercised no later
than thirty (30) days after Tenant's receipt of said advanced notice from County. In the event of
Tenant's termination of the Agreement pursuant to this Section, Tenant shall comply with all
requirements of Article 22. Subject to and without limitation on any of Tenant's rights under
21 ®r spa
applicable eminent domain laws, Tenant waives and releases any and all Claims against County
for loss, damage, reimbursement or liability of any kind arising from or related to Tenant's election
to terminate the Agreement pursuant to this Section.
20.3. Federal Government Emergency Clause. All provisions of the Agreement shall be
subordinate to the rights of the United States of America to operate the Airport or any thereof
during time of war or national emergency. Such rights shall supersede any provisions of this
Agreement inconsistent with the operations of the Airport by the United States of America.
ARTICLE 21. DEFAULTS;
21.1. Default. The occurrence of any of the fo
of this Agreement:
(a) Monetary Defaults. Tenant's
other sums or charges payable by Tenant ur.
("Monetary Default").
(b) Non -Monetary Defaults. I Either
promptly any express or implied co v` enarit"-,of this
non -monetary default ("Non-Monetaiy:DefauWD'.
21.2. Notices, Opportumty,to Cure, Cure,Pe
non -defaulting party may give;the defaulting,
Default and the provisions of this,",,,lgreement
the defaulting party eitlie"r fiilly cure;each such
cure within the time peribl&specifi&&Jn the
cured within the lotted curb) eriod set forth
For any hetary Default, thirty
itute a "Default" and a breach
>r refusal to pay any amount of rent, or any
Agreement whe I due is a monetary default
"e or refusal to perform fully and
other than a Monetary Default is a
allowing the',occurrence of any Default, the
yvrrtten notice' specifying the nature of the
I ("Notie'e'of Default") and demanding that
or commence and diligently prosecute such
riding subsections below. Any Default not
1 be an Event of Default.
days after delivery of the Notice of Default.
(b) 'or any Defaull?�under Article 10 or 14 of this Agreement for failure to obtain or
provide proof "of zany required' insurance coverage, five (5) business days after delivery of the
Notice of Default:: .
(c) For any `other Nor -Monetary Default, forty-five (45) days after delivery of the
Notice of Default; provide&:however, that if the nature of said Default is such that the same cannot
reasonably be cured within said forty-five (45) day period, the defaulting party shall have such
additional time as is reasonably necessary to cure such Default, provided that at all times prior to
the expiration of said forty-five (45) day period and for the period thereafter that the Default
remains uncured, the defaulting party is exercising reasonable diligence in its efforts to cure such
Default.
21.3. Event of Default. Upon the occurrence of an Event of Default, the non -defaulting party
may pursue all of its rights and remedies set forth in this Agreement, including, but not limited to,
those set forth in this Article. To the extent permitted by Virginia law, the time periods provided
22 k
in this Section for cure of Tenant's Defaults or for surrender of the Premises shall be in lieu of (not
in addition to) any similar time periods prescribed by Virginia law as a condition precedent to the
commencement of legal action against Tenant for possession of the Premises.
21.4. Multiple Notices of Default. Notwithstanding anything to the contrary set forth in this
Agreement, if during any twelve (12) consecutive calendar month period, Tenant shall have failed
to perform or comply with three (3) or more independent material obligations that result in
County's issuing Notices of Default pursuant to Section 21.2: (i) for violation of the use provisions
of Article 11; (ii) for failure to timely pay rent under Article 7; or (iii) for failure to maintain and
repair the Premises as provided in Article 5, such cumulative Notices of Default shall be deemed
an incurable Event of Default without any requirement for the;'delivery of any further Notice of
Default and opportunity to cure. Notwithstanding the fore gouig for purposes of this Section only,
in no event shall any of the following events or occurrences`be deemed a Default that can be
cumulated with other Defaults to constitute an incurable Event 6f Default under this Section: (i) a
Default arising out of the independent act or omission of one of Tenant's Parties other than Tenant
itself (i.e., an act or omission not consented to';=.by Tenant), and soIlong as Tenant acts with
reasonable diligence to cure or correct same, or,,(ii) minor deficiencies m providing maintenance
and repairs that do not materially compromise the'safe, sanitary and operating condition of the
Premises or the operation of Tenant's business or the Airportprovided that such'm' inor deficiencies
shall have been cured within sixty (60) days of the service,by.County to Tenant of Notice of Default
of such minor deficiencies.
21.5. Bankruptcy or Insolvency Events ,"N, otwithstanding anything to the contrary set forth in
this Agreement, any ofthe following events shall be deemed an incurable Event of Default without
any requirement for delivery of a -Notice of Default `the entt y�d any decree or order for relief by
any court with respect,to, Tenant ir,.any involuntary case under'the Federal Bankruptcy Code or
any other applicable federal or state Law; or th&,,,appointment of or taking possession of the
Premises or any substantial part o;^;the pgperty of Tenant by any receiver, liquidator, assignee,
trustee or othet'simllar official; or;the ordering or;wind ng up or liquidating of the affairs of Tenant
and the continuance of such decree'or order unstaged and in effect for a period of sixty (60) days
or more (whether or not consecutive); or,the commencement by Tenant of a voluntary proceeding
under the Federal Bankruptcy' Code or any other applicable state or federal Law or consent by
Tenant to the entry of any order,,for relie' in an involuntary case under any such Law, or consent
by Tenant to the ;appointment of or:taking of possession by a receiver, liquidator, assignee, trustee,
sequestrator or others similar official of Tenant, or of any substantial property of any of the
foregoing, or the making by ,Tenant of any general assignment for the benefit of creditors; or
Tenant takes any other voluriary action related to the business of Tenant or the winding up of the
affairs of any of the foregoing.
21.6. Additional Assurances. At any time following the occurrence of a Monetary Default by
Tenant or any other Non- Monetary Default the cure for which requires the purchase of services
or tangible property, within ten (10) days from a written request by County to Tenant citing this
Section (and assuming such Default still has not been cured), Tenant shall provide County with
current financial statements for Tenant, with evidence from Tenant that Tenant has the financial
ability to cure the Default, and assurances that Tenant is undertaking to effect such cure and that
Tenant will continue to perform its obligations under this Agreement. Failure to timely provide
i
00,13134
23
such information and assurances may, at the election of County, be deemed an Event of Default
and a repudiation by Tenant of its obligations under this Agreement.
21.7. County's Rights and Remedies. Upon the occurrence of an Event of Default by Tenant,
County may exercise any one or more of the following rights and remedies without further notice
or demand of any kind to Tenant or any other person, except as required by applicable Law, and
the enumeration of such rights and remedies herein shall not limit County in the exercise of any
other right or remedy County may have on account of such Event of Default (provided, however,
that in the exercise of such remedies County shall at all times comply with applicable State Law):
(a) Termination. The right of County to
to possession and to reenter the Premises, to take
therefrom, following which Tenant shall have no
connection with unlawful detainer proceedings spec
shall terminate Tenant's right to possession if Ten
specified in the notice.
(b) Re-entry. The right of County,
Premises and take possession of all Improvem
therein and occupy the whole or any;
unpaid rentals and other charges, wh
payable and to remove any persons in
(c) Termination Fo11
reentered the Premises;<`to elect
the Premises.
(
enjoin ail
21.8.
may
for
minate "this Agreement and Tenant's right
ssession thereof and remove all persons
thea ` claim thereon. A notice given in
Jig a tin e','within which to cure a Default
fails to cur"&Ahe Default within the time
terminating this Agreement, to reenter the
litions,.;alterations, equtprent and fixtures
id `on,account of Tenant and to collect any
payable, or which may thereafter become
of.
unty, even though it may have
Tenant's right to possession of
to equitable relief, including the right to
to terminate this Agreement as provided for in this
t the following damages:
(a) Th6*orth at the 'iirne of award of any unpaid rental which had been earned at the
time of such termindtion; plus
(b) The worth'ai4hetime of award of the amount by which the unpaid rental which
would have been earned after termination until the time of award exceeds the amount of such
rental loss Tenant proves could have been reasonably avoided; plus
(c) The worth at the time of award of the amount by which the unpaid rental for the
balance of the Term or Renewal Period (if duly exercised) after the time of award exceeds the
amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) The late fees and interest that have accrued on any and all unpaid rent and other
charges and fees pursuant to Section 7.5; plus
24
(e) Any other amount necessary to compensate County for all the detriment
proximately caused by Tenant's failure to perform its obligations under this Agreement or which
in the ordinary course of things would be likely to result therefrom, including, but not limited to,
any costs or expenses incurred by County in: (i) retaking possession of the Premises, including
reasonable attorneys' fees; (ii) maintaining or preserving the Premises after such Event of Default;
(iii) preparing the Premises for reletting to a new Tenant, including repairs or alterations to the
Premises for such reletting, together with all leasing commissions, and any other costs necessary,
incidental or appropriate to relet the Premises; plus
(f) At County's election, such other amounts in addition to or in lieu of the foregoing
as may be permitted from time to time under applicable Law:�':"
If County reenters the Premises under the
to have terminated this Agreement, or the liabili
thereafter accruing, or Tenant's liability for danaa
such reentry or by any action, in unlawful deta
Premises, unless County shall have notified Tenai
Agreement. The service by County of any notice
State of Virginia and the surrender ofpossession 1
elects to the contrary by a written notice`to,'Fena
notices) be deemed to be a termination of this ,A€
of the Premises, County shall have the rlght,� but n,
part of the Removable 'Trade°Fixtures and ahy: oth+
the same in storage atpublic warehouse, all at,
may be otherwise warranted and represented to fb
the specific benefit of a Transferee he consent o
the consent of County, shall riot waive anyDefau
Transfer, or the' entrv;of.„the Tr`arisferee upon the P
o 'inions abode, County shall not be deemed
of Tenant to pay,`any rents or other charges
s under any of the'provisions hereof, by any
r or otherwise, to obtain possession of the
4i,writingi,that it has electied to terminate this
rsuant to the unlawful detainer statutes of the
suant tosuch notice shall not'(unless County
at the` time of or subsequent service of such
-ment. If,,County enters or takes possession
ie obligation, to remove therefrom all or any
rsonalproperty'located therein and to place
,ole expense and risk of Tenant. Except as
ntrary by County in a written instrument for
1ty to a Transfer, or to a Transfer without
Event of Default) occurring prior to such
21.9. Fixtures and Personal,Property::.,Without limiting such other rights as County may have
with regard t&; an Event of Default by Tenant, all of Tenant's Removable Trade Fixtures and all
additions and :alterations to such Removable Trade Fixtures, furniture, equipment and other
personal property, ,and all Improvements, additions and alterations, shall remain on the Premises
and if thereafter Countyregains possession of the Premises in accordance with this Agreement and
applicable Law County shall haV' :the right, subject to the superior rights of any third party owners,
County's or lienholders of'such`property and further subject to any limitations or requirements of
applicable Law, to take the exclusive possession of same and to use or destroy the same, rent or
charge free, or, at its Renewal, to require Tenant to remove any or all of the same.
21.10. No Waiver. The waiver by the non -defaulting party of any Default under any term,
covenant or condition herein shall not be deemed to be a waiver of such term, covenant or condition
generally or of any subsequent Default under the same or any other term, covenant or condition.
The subsequent acceptance of rent or any other fee or charge hereunder by County shall not be
deemed to be a waiver of any preceding Default by Tenant, or of any right of County to a
termination or forfeiture of the Agreement by reason of such Default, regardless of County's
25 .21,
knowledge of such Default at the time of acceptance of such rent, fees or charges. No term,
covenant or condition of this Agreement shall be deemed to have been waived by County unless
such waiver is in writing and signed by County. The rights and remedies given to County in this
Article 21 shall be in addition and supplemental to all other rights or remedies which County may
have under Laws then in force.
21.11. Self Help. If Tenant shall Default in the performance of any covenant on its part to be
performed by virtue of any provisions of this Agreement, County may, at County's option, after
providing a Notice of Default and the expiration of any cure period with respect thereto as required
pursuant to the applicable provisions of this Agreement, perform the covenant for the account of
Tenant, and the costs incurred by County shall be immediately:'due and payable by Tenant to
County, on demand, as additional rent. If County, at any tnne �is compelled to pay or elects to pay
any sum of money or do any acts which would require the;pay hent of any sum of money by reason
of any such Default, after providing a Notice of Default and teh',' expiration of any grace period
with respect thereto as required pursuant to the applicable provisiori§"of this Agreement, the sum
or sums so paid or incurred by County, shall be nuiriediately due and payable by Tenant to County,
on demand, as additional rent. Any amounts paid or costs incurred by County hereunder shall
accrue late fees pursuant to Section 7.5.
21.12. Independent Obligations. Ex
shall continue in full force and effect,
discharged or otherwise affected, by
with any use of the Premises; (b)
adjustment, dissoluti
with respect to this A
by any trustee or re('
Tenant has or might
comply with any;of t.
or destruction `of the ]
covenants
U0
22.1. Waste of Imp
nor waste, destroy or
by this Agreement.
otherwise expressly provided herein,'this Agreement
lyprovided in
ons ofTenant hereunder shall not be released,
iy restriction or prevention of or interference
y >��insolvency reorganization, composition,
irng,�relating to,',"County, or any action taken
ver of' ty with respect to this Agreement
urt, in any proceeding; (c) any claim which
failure on the part of County to perform or
agreement with Tenant; or (e) any damage to
ny Taking of the Premises or any part thereof
reement, the obligations of Tenant shall be
n and not conditioned on the covenants and
. WASTE OF IMPROVEMENTS;
OF PREMISES; ABANDONMENT.
its: Tenant shall not remove any Improvements from the Premises
any Improvements on the Premises except as permitted or required
22.2. Surrender of Premises. Upon any termination of this Agreement, whether by expiration of
the Term, Renewal Period (if duly exercised) or earlier termination hereunder, forfeiture,
condemnation or otherwise, Tenant shall immediately cease operating and/or doing business at the
Premises and peaceably quit and immediately surrender possession of the Premises to County,
and, subject to the rights of County to require Tenant to remove such Improvements and restore
the Premises as provided for elsewhere in this Agreement, such surrender shall include all
26
Improvements, apparatus, fixtures and alterations, excepting Removable Trade Fixtures and
Tenant's furniture, equipment and other personal property. Tenant shall surrender the Premises to
County in good condition and repair, in which they were required by the provisions of this
Agreement to be kept.
If this Agreement is terminated due to an Event of Default, County shall have the right to
enter upon the Premises and to have the Premises and the Improvements inspected at Tenant's cost
to determine whether the Premises and the Improvements have been properly maintained, repaired
and restored in accordance with the terms of this Agreement. If this Agreement shall have
terminated without County electing to require Tenant to remove, Improvements and restore the
Premises as provided for hereinafter, all Improvements shalt,;be;,'t
payment or other compensation therefor. Tenant shall reparr.at its
defacement to the Premises caused by its removal ,.-f --:its
Notwithstanding anything in this Agreement to the,co ntrary, any,,
all furniture, equipment and other personal property, which are n
upon termination of this Agreement shall, at therelection of County,
te property of County without
own expense any damage and
Removable Trade Fixtures.
removable Trade Fixtures and
it. removed from the Premises
and County may thereafter either: (i) retain all or,any part of the same as
payment therefor to Tenant; or (ii) cause all or '4�ny,,part
Premises and disposed of, but the cost of any such removal
any damage caused by such removatshall.be borne by'Ten
23.1. Contact
Agreement are:
5G Air,
[Email
The address and.`,facsimile number of
7427 Airfield Drive
Chesterfield; Virginia 23832
(804) 271-2425 (Facsimile)
the property of County
xnty's property without
same to 'b&''.removed from the
osition and the'cost of repairing
for the purposes of this
for the purposes of this Agreement are:
Copies of all notices or demands which are delivered to County shall also be delivered to
Office of County Attorney using the same method of delivery used to deliver said notice or demand
to County.
Either party may change its address and facsimile number for such notices by giving
written notice thereof to the other party in the manner specified above.
MA
23.2. Method of Delivery. Wherever in this Agreement it is required or permitted that notice or
demand be given or served by either party upon the other, such notice or demand shall be in writing
and shall be deemed to have been duly given: (a) upon the date of courier delivery thereof; (b) the
next day after delivery thereof by confirmed facsimile transmission; or (c) three Business Days
after being mailed by certified or registered mail, postage prepaid.
ARTICLE 24. MISCELLANEOUS.
24.1. Relationship of the Parties. Nothing contained in this Agreement shall be deemed or
construed as creating a partnership or joint venture between County and Tenant or between County
and any other party, or cause County to be responsible in anyuvay for the debts or obligations of
Tenant or any other party. The County, by entering into this Agreement, is in no way guaranteeing
Tenant's financial success.
24.2. Severability. If any provision of this Agreement shall be determined to be void by any
court of competent jurisdiction, then such deterno"ion shall not affect;
24.8. Exhibits Incorporated. The Exhibits attached hereto and referred to herein are incorporated
in this Agreement and are expressly made a part hereof.
IN WITNESS WHEREOF, County and Tenant have duly executed this Agreement as of
the date first written above.
0623:113
COUNTY OF CHESTERFIELD, VIRGINIA
P&.
'000, 140
FBO SERVICES AGREEMENT
This agreement (hereinafter "Agreement"), dated , 2018, is
made and entered into by and between COUNTY OF CHESTERFIELD, VIRGINIA ("County")
and RICHMOND EXECUTIVE AVIATION, LLC, a Virginia Limited Liability Corporation
("REA") for the non-exclusive use of, and for the provision of certain aeronautical services at, the
Chesterfield County Airport ("Airport").
WHEREAS, REA has proposed to have constructed by 5G Air, LLC ("5G Air") two
aircraft hangars, to include office space, and provide aeronautical services as a Fixed -Base
Operator ("FBO") at the Airport; and
WHEREAS, County has entered into a Lease
of REA's hangars; and
WHEREAS, County has
operate as an FBO at the Airport.
ith 5G Air for the construction
meets the
NOW, THEREFORE, in consideration for the�pro�mises;:,conditions and'd(
herein, the sufficiency of which both~parties acknowled, ` 'County and REA
follows:
1.1 In considerat
to be made by REA
forth in this Agreerr
REA hereby Ieases_,.t
approximately 138 squ
more particularly descri
2.1 County
or written agreemer
of the Office Space.
1.
qualifications to
set forth
agree as
EZEA's.promise to pay the;rents;"appalicable taxes and other payments
this Agreement and rto;perform the covenants and agreements as set
aunty hereby leases �ihel Premises (as described below) to REA, and
:rises frbin��County andl� promises to pay the rents and to perform the
> of this Agreement. The Premises are generally described as
eet of�space within"°rl1e'Jerminal building ("Office Space"), which is
Ex" .01D1► ID11219
this Agreement to supersede all prior or contemporaneous oral
parties relating to REA's provision of FBO Services and lease
ARTICLE 3. TERM; HOLDING OVER.
3.1. Term. REA shall be permitted to operate as an FBO pursuant to the terms of this
Agreement and occupy the Office Space for thirty (30) years commencing , 20
("Commencement Date") and terminating on , 20. Upon execution of
this Agreement, and in accordance with the Minimum Standards, REA shall provide the County a
letter of credit in the amount of $25,000 to secure its performance hereunder, which shall remain
in place for the first 5 years of this agreement.
I `i' 01:2..14..
3.2. Holding Over. At the expiration of the Term, REA shall surrender the Premises pursuant
to Article 22. If REA holds over or remains in possession of the Premises without the written
consent of County, such holding over or continued possession shall be unlawful detainer of the
Premises by REA. If REA holds over or remains in possession of the Premises with the prior
written consent of County after the expiration of the Term unless the written consent specifies
otherwise, such holding over or continued possession shall create a tenancy from month to month
only, upon the same terms and conditions as are herein set forth so far as the same are applicable.
Rent for said holdover tenancy shall be adjusted to reflect the rate, as set forth in the then-current
Rent and Fee Schedule that is in effect during the time of the holdover. If REA fails to surrender
the Premises in a timely manner, after notice of termination,`of any such month-to-month tenancy,
or upon any termination of this Agreement prior to expiration of the Term in addition to any other
liabilities to County accruing therefrom, REA shall indemnify and hold County harmless from any
direct or consequential loss or liability resulting fforn,such failure, including, without limiting the
generality of the foregoing, any claims made by anyproposed new REA<founded on such failure.
which ha
Internal
Board. The Board of S
County. The C
interest in the Airport.
lined terms, not otherwise defined
s ascribed to them:
fixed wing and rotor.
fications and schedule for the development,
rehabilitation or reconstruction of REA's
by County.
of the County.
of the County.
Virginia, or any successor to or assignee of County's
County's Estate. All County's right, title and interest in its fee estate in the Premises, its
reversionary interest in REA's Improvements located on the Premises pursuant hereto or pursuant
to a ground lease for hangar construction, and its interest under this Agreement.
County's Improvements. Those Improvements that are in place on the Premises as of the
date upon which possession of the Premises is delivered to REA or which are thereafter constructed
or installed therein by County or at County's expense.
Environmental Damages. All claims, judgments, damages (including punitive damages),
losses, penalties, fines, liabilities (including strict liability), encumbrances and liens, and any other
costs and expenses, resulting from the existence on or in, or release, escape, seepage, leakage,
spillage, discharge, disposal, or emission on or into the ground, water or air of Hazardous Materials
in violation of or alleged to be in violation of the Laws applicable thereto, including but not limited
to diminution in value of the Premises and/or Airport and any attorneys' fees, disbursements,
consultant's fees and other costs resulting from: (a) investigation and defense of any alleged claim;
and (b) directive of any Governmental Agency, whether or not the claims or directives are
groundless, false or fraudulent or ultimately defeated; and (c) any, settlement or judgment.
Event of Default. A Default which continues after•the,giving of notice and the expiration
of the applicable opportunity to cure, if any, set forth in,Article21.
FAA. The Federal Aviation Admini
FBO. Fixed Based Operator.
Fuel Farm. The County -owned area in which bulk aviation fuel is .stored and the
improvements and equipment thereon "used for fuel storage='and fueling operations.
Governmental Agency. Any Federal, State or local agency or authority having appropriate
jurisdiction.
Hazardous Materials. (a) Any petroleum.orlpetroleum`�products, flammable substances,
explosives, radioactive°=materials,hazardous wastes or substances, toxic wastes or substances or
any other materials or pollutants which: (i) pose'a,hazard to the Airport or to persons on or about
the Airport, or,;�r(ii), ,cause "the��Airp ort to<be in violation of any Hazardous Materials Laws; (b)
asbestos Jn any orm„which �is : or coul&become friable, urea formaldehyde foam insulation,
trans fozr%ers or other equipment which contain'd ielectric fluid containing levels of polychlorinated
biphenyls.n.excess of fifty(50) partsper million; (c) any chemical, material or substance defined
as or included in the definition of "Hazardous substances", "hazardous wastes", "hazardous
materials", "extremely hazardous, waste",,,",restricted hazardous waste" or "toxic substances" or
words of similar'Jmport under any applicable local, state or federal law or under the regulations
adopted or publications promulgated pursuant thereto, including, but not limited to, the
Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended,
42 U.S.C. § 9601, et sec , the Hazardous Materials Transportation Act, as amended, 49 U.S.C. §
1801, et seMc .; the Resource `Conservation and Recovery Act, as amended, 42 U.S.C. § 6901, et
sem.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq.; (d) any other
chemical, material or substance, exposure to which is prohibited, limited or regulated by any
Governmental Agency or may or could pose a hazard to the health and safety of the occupants of
the Airport or the owners and/or occupants of property adjacent to or surrounding the Airport.
Hours of Operation. X hours per day on Monday through Friday, Y hours per day on
weekends and nationally -recognized holidays and after hours upon request, 365 days per year.
Impositions. All taxes, assessments, charges, levies, fees and other governmental charges,
of any kind and nature whatsoever which shall be laid, assessed, levied, or imposed upon the
Premises or Improvements or any part thereof or on the business operations of REA.
Improvement Us. Structures, improvements, Systems, fixtures, equipment, attachments to
Structures and construction of any kind on the Premises, whether above or below the land, whether
or not owned by REA, including but not limited to, buildings, outbuildings, walls, ceilings, roofs,
sewers, electrical and gas distribution facilities, parking facilities, pavings and hard surfaces,
walkways, curbs, gutters, lights, fences, landscaping, plantings, poles, signs, aircraft ramp, and
any other improvements of any type or kind, including REA's Improvements; and including any
improvements on property adjacent to the Premises which is designed for use in connection with
the use of the Premises, and all replacements, reconstructions for restorations thereof.
Insurance Requirements. All terms of any
Premises or the Improvements, or any part thereof
such policy, and all orders, rules, regulations and -.c
Underwriters (or any other body exercising'�sin
Premises or the Improvements, or any part thereof
Improvements, or any part thereof.
Law/Laws. All present and
of any and all Governmental Agei
use and occupancy of Premises.
development, constr
encumbrance or other
Agreement and REA's
reasonablediscretion of
at the Airport; a copy of
in the possession
Person. Any
of any kind.
Zg or applicable to the
-d by the issuer of any
her requirements ofthe National Board of Fire
lar functions) applicable to or affecting the
or any use�:or condition o, "the Premises or the
laws; ordinances, rules, regulations or orders
:he conduci^'of or having jurisdiction over the
L11-46tions, decisions `and `agreements of REA regarding the
management, operation, leasing, sale, transfer, financing,
itlon oruse of the interests, rights and ownership of REA under this
lance<with its obligations hereunder.
,, as amended from time to time, at the sole
minimum standards for conducting business
County upon request.
>es within the Airport other than the Premises leased to and
agreement from County.
partnership, association, corporation, company or organization
Removable Trade Fixtures. All moveable personal property of REA reasonably required
for the administration of REA's business on and with respect to the Premises, that are not
permanently affixed to the Structures, including but not limited to business and financial records,
and articles, movable desks, chairs, lighting equipment, cabinets, shelves, racks, signs, displays,
counters and mirrors, and similar items which can be moved without releases of attachments to the
walls, ceilings or floors and which can be moved without damage to the Premises. Notwithstanding
the foregoing sentence, Removable Trade Fixtures shall not include (without limitation) any
0 1
4
Structure, landscaping, Systems or other systems or devices incorporated into, attached to or
reasonably necessary for the use and operation of the Premises.
Rules and Regulations. The County's written rules and regulations governing acceptable
practices at the Airport for REAs/customers/vendors, as amended from time -to -time at the sole
reasonable discretion of the County.
Structure(s). Any structural improvement, fixture or equipment permanently attached to
the real property of the Premises which is enclosed by exterior walls, floor and roof and is designed
for human occupancy or use, the storage of materials, the conduct. within of activities and business
or which requires the issuance of a Building Permit, certificat6,6f use or occupancy for such space
pursuant to the applicable building and safety laws, rules,`and regulations. "Structure" shall
exclude, without limitation, carts, vehicles, kiosks and,other sir`nlar items.
Sublease. Subleases, concessions, 1
other than REA is granted or permitted the
otherwise enjoy the Premises or any poi
enterprise or activity thereon.
Subtenant. The party with whom`;
Systems. The heating, air c6t,
electrical, alarm, communication and
Improvements or used or useful>;in the co
REA's Estate: Altof REA
its fee estate, if any, in LA'S I
interests underthis;Aizreement.,,
any other likeagreement in which a party
ge or license to use, occupy, enter upon or
ity thereof, or to conduct any business,
contracts.bursuant to a Sublease.
ventilatinbc" mechanical, utility, plumbing,
:eros, incorborated into or used with the
the
;st in its leasehold estate in the Premises,
within the Premises, and its rights and
Improve "idents. Those Improvements=in place at any given time on the Premises that
were eorsticucted or installed,,by REA,in the Premises by REA or at REA's expense. REA's
Improvements; include, wlthout,�limitatioo,; aircraft ramps, automobile parking areas, landscaping
and equipment;pertinent to suchIitems.
REA's Parties:��REA, Subtenants, licensees, concessionaires, and other occupants of the
Premises, and all of their respective agents, contractors, operators, employees, invitees, customers
and patrons.
ARTICLE 5. REA'S OBLIGATIONS.
5.1. For the term of this Agreement, REA shall provide, and shall hold applicable certifications
to provide, the following aviation -related services to the reasonable satisfaction of County unless
the parties agree otherwise in writing:
(a) Hangar storage of aircraft.
W
-1-I',
(b) Overnight tie -down parking of aircraft
(c) Line service and sale of fuel, oil, lubricants and other incidental supplies.
(d) Maintenance and airframe repair of piston, rotor and turbine aircraft.
(e) Aircraft rental.
(f) Flight instruction (parts 61 and 141).
(g) Sale and/or lease of aircraft and aircraft parts and,supplies
(h) Damaged aircraft removal for aircraft owned and/or managed by the REA. (The
parties understand that the cost of such removal will miti'ally bbl` orne by REA but that REA will
have the right to recover such cost from the aircraft._o*ner).
(i) Ground transportation inc ludmg:provision during hours of,operation of a courtesy
vehicle available to REA's customers at REA's discretion, andrental car assistance.
(j) Monitoring of, and response to,
County's operational procedures.
5.2. REA shall ma
expense the interior a
County.
5.3. Intentionally Omitted
5.6. REA shall provi
dumpster.
lean (to include j
or, of all hana,ars
r
UNICOM frequency, pursuant to
and operate at REA's sole
-asonably acceptable to the
firing and replacing all furniture, carpets,
,/finishes in or on the Premises.
-r, television, internet, telephone, gas, computer
and fees for the Premises.
flection services for the Premises, to include the collection
5.7. REA shall be responsible for REA's fuel operations quality assurance, fuel
sampling/testing, proper sumping, inventory ordering, staff certifications and training and general
record keeping relating to the Fuel Farm, spill cleanup in the event of negligent actions by REA
and/or REA fueling contractor, completion of all required federal and state spill reporting
requirements and obtaining/maintaining all required state and federal permits. All fueling
operations will be governed by FAA Advisory Circular 150/5230, "Aviation Fuel Storage,
Handling, Training and Dispensing on Airports". The County reserves the right to impose
additional reasonable requirements pertaining to safe fueling operations.
6
5.8. Intentionally Omitted
5.9. REA shall provide effective snow removal at the Airport in the areas identified by the
facility snow removal plan with personnel who are on duty and otherwise available as reasonably
requested by the County.
5.10. Intentionally Omitted
5.11. REA shall perform all obligations contained herein at its own expense.
5.12. REA shall deal in good faith with County.
5.13 REA shall use any hangar(s) constructed at the Airport only for aviation related purposes,
unless approved in advance by County Airport Manageixent.
5.14. Intentionally Omitted
5.15. REA shall provide data/information, at,tlie""County's request, to" support grant requests for
Airport improvements projects and other Countyprojectshnitiatives.
5.16. REA shall provide reimbursement for the repair or' replacement of anyCounty asset if
damaged through negligent actions. ;
5.17 REA shall use its best efforts to: make.ahe;Airport a"desirable destination for all types of
aviation activities.
5.18. REA shall provide -all personnel, vehicles and equipment required to perform line service
functions.
5.19. REA shall staff the; iermin
agrees to provide informatiori',cu:
customem,,augment county oversi
that provide security coverage of
circumstances and time permit: U
shall participate, in airport -specific
personnel and provided at no acicli
ARTICLE 6.
6.1. County shall:
jbby desk at hiours of its choosing. When staffed, REA
Zer s;eryice support, directions and assistance to all airport
of the`terxninal"and monitor county security video screens
interior an&`eexterior of the terminal building as
reasonable prior notice to REA, primary desk personnel
storner service training to be conducted by county
ial cha-me to REA.
AND RESERVATIONS OF RIGHTS OF COUNTY.
(a) Provide at its expense all electric, water and sewer utilities not required to be
provided by REA or others.
(b) Own and maintain the Fuel Farm. REA shall not be permitted to construct a fuel
farm unless otherwise agreed to in writing by County.
(c) Ensure that any of REAs' subcontractors, vendors and other providers of
commercial aviation services who are permitted to operate at the Airport are obligated to comply
with the applicable Minimum Standards and all other standards, rules and regulations of the
Airport.
(d) Deal in good faith with REA.
(e) Maintain exteriors, ceilings, permanent light fixtures, plumbing, air conditioning
and ventilating units, heating units, electrical units, hangar door motors and cables and all other
structural components, water and sewer services, fixtures, windows, doors and all other building
fixtures and structures at the Airport terminal building, at existing hangars and at future hangars
constructed and/or owned by the County.
(f) Provide grass mowing and shrubbery
that may be part of REA-owned buildings.
to include irrigation systems
(g) Prepare and submit, as County deems necessary and at the County's sole discretion,
grant requests for Airport improvements projects.,, „
(h) Act as the liaison with the 'Virginia Department of iation regarding the
maintenance and installation of existing and futurenavigational facilities. Improvements to and/or
replacement of navigational facilities shall be at the sole discretion of the Country. a
(i) Repair and replace, as"Cotinty deems
slope indicator (VASI) and approach lig'hting:�;, ,
(j) To the extent,reasonable possibly un
policies and procedures; support REA in its'efforts t(
make it a desirable destination f6r,`4`11 types ofaviati
(k) Ensure
operate at the .Airport
ards
other stand, rules
, runway, taxi -way, visual approach
and Local laws, regulations,
sterfield County Airport and
act
'haC'other providers of coinnercial aviation services who are permitted to
are oligated,to<'comply with the applicable Minimum Standards and all
re
(1);. Maintainand improve.as Countydeems necessary all roads serving the Airport,
common and,public areas ofthe Airp'oft,�,and ramps, taxi -ways and runways, unless said roads are
transferred irito,the Commonwealth of Virginia road system in the future.
(m) Except in cases of: County procuring property surrounding the Airport, County
agrees to notify REA;'>subject to%i e provisions of the Freedom of Information Act, of any future
FBO proposals to leasedevelop and property at the Airport once County has completed
preliminary vetting and deemed the proposal valid.
(n) County shall provide REA with any proposed changes to Airport Minimum
Standards for REA's review and comment prior to seeking approval of said change from the Board
of Supervisors.
ARTICLE 7. RENT AND COMPENSATION.
7.1 Annual Rent. For the terminal lobby desk, REA shall pay to County One Thousand Eight
Hundred Sixty -Three Dollars ($1,863) per year for the first year of this agreement. Commencing
on the 1St day of following the Commencement Date and each 1St day of
8
) 0 11,31:114,
thereafter, the rent then in effect shall be increased by a percentage equal
to the percentage increase, if any, in the CPI -U, U.S. City Average, all items (1982-84 = 100) on
the last day of the most recent lease year from the last day of the prior lease year. At no time will
the rate be less than $138 per month. Fees shall be remitted to the County no later than the 10th
day of each month.
7.2. Transient and Monthly Tie Down Rental. REA shall bill and collect directly from
customers desiring transient or monthly tie -down rental and remit the total of all rents collected,
minus 5% for administrative billing/overhead services, to the County no later than the 5' day of
each month. All rentals shall be at rates established by the County.
7.3. Fuel Flowage Fee. REA shall pay County a fuel flowage fee of $.22 per gallon of fuel
dispensed from the Fuel Farm or any other source of fuel beginning on the Commencement Date.
Commencing the 1st day of the calendar year thereafter��`,tlie "feeaha11 be increased by any increase
in the CPI -U, U.S. Cities Average, all items (1982 84.-r 100). Notwithstanding the foregoing, REA
shall not pay a fuel flowage fee higher than the fuel=`flowage fee the County accepts from any other
FBO operating at the Airport. Fees shall be remitti "d to the County no later than the 5th day of each
month.
7.4. Audits.
(a) REA's records, which``shall
policies and procedures, subcontract file:
bidders), payroll records, original estimates
files (including documentation ;covering
evidence necessary to,sirbstantiat,6 charges
referred to as "records")Ishall be open to in;
normal working hours,"by"Countys agent
to adequately permit evaluation. andwi
REA or any;of his payees pursuant to
include those records necessary to,,ova
allocatlozis) as they may apply to cost:
but not be Ii to monthly print-ou
owner name;'aircraft type and`'federal
but not be limited to accounting records, written
ling nrobosals,_ of successful and unsuccessful
estimatmg;worksheets,.correspondence, change order
negotiated,,'settlements);� and any other supporting
r6lated16Ihis Agreement (all the foregoing hereinafter
pectloii aid subject t6audit and/or reproduction, during
or its authorized representative to the extent necessary
ation of any invoices, payments or claims submitted by
Agreement Such records subject to examination shall
and veiify direct and indirect costs (including overhead
'ciated with this Agreement. Such records shall include
all leased, hangared and tie -down aircraft identified by
tration number.
(b) REA`shall maintairi and retain records in accordance with the Library of Virginia's
record retention schedules for localities.
(c) County's agent or its authorized representative shall have reasonable access to
REA's facilities, shall have reasonable access to all necessary records, and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance with this paragraph.
(d) Unless County otherwise agrees, REA shall require all subcontractors, insurance
agents, and material suppliers to comply with the provisions of this paragraph by insertion of the
requirements hereof in a written contract Agreement between REA and payee.
7.5. Board of Supervisors Approval/Non-appropriation. This Agreement is subject to approval
by the Chesterfield County Board of Supervisors. County's obligation to expend any funds
pursuant to the terms, conditions and provisions of this Agreement beyond June 30th of each year
is subject to appropriation by the Chesterfield County Board of Supervisors. County reserves the
right to seek consultant and Federal Aviation Administration review of this Agreement prior to the
Commencement Date.
7.6. Rent and Fee Adjustments. Rents and fees during the Term shall be reviewed and may,
upon mutual agreement be adjusted on each five (5) year anniversary of the Commencement Date
to ensure that the structure of this Agreement makes services available to the public at rates which
make the airport as self-sustaining as possible under the circumstances. REA acknowledges that
its business is not without market risk, and it is not the responsibility of the County to ensure that
REA is profitable or to ensure REA's viability during periods of el conomic downturn.
7.7. Late Fees. All rent and compensation shall be p
of each month, with the first month of rent payable on
other money payable to County under this Agreement is
due, a late fee of five percent (5%) of the amount, n'
greater) shall be added to the amount due, and such tota
as of the date the original amount was due An,additic
added for each thirty (30) day period following °imposi
sum is paid. The amount and structure.of late fees impos
change and adjustment, without prio�notice to REA her
adjustment to the late fee provision set forth�lin the Rent
advance and due by the I oth day
. If any rent or
by the fifteenth (15th) day after
unpaid (6r'$25.00, whichever amount is
sum shall be
and payable to County
ial late fee in the" same amount shall be
ion of�the initial tat"e ifee until such total
d by',thi's Section are'subject to automatic
under, concurrently with "any change and
Fee Schedule.
ARTICLE 8. COUNTY'S RESERVATIONOF RIGHTS.
8.1. Regarding the�lAirport. " County reserves the :right to 1ake;,the following actions regarding
the Airport in its soled,absolutel°discretion a�ithout REA''s consent: (i) to change the name
of the Airport, the configiiration,,shape, size, location, number and extent of the various Other
Leaseholds and the Airport,,,;,and tio,lelmiinate or add any other leaseholds to any portion of the
Airport, (ii) to'create any covenant`s, restrictions,easements or rights of way on or over the Airport
determ7ned'to be necessary or de`§it able by Con' ty,in connection with the operation of the Airport
(or which°tare created, imposed or required by any Governmental Agency in connection with the
operation of the Airport); (iii) oto make`"pr permit changes to the Airport or any part thereof,
including, without limitation,'additions, "removals, rearrangements, alterations, modifications or
supplements to the building areas, walkways, parking areas, runways or other areas in the Airport
outside the Premises �(iv) to construct, or permit to be constructed other Structures, buildings,
systems, equipment or,�, A er =lrriprovements in the Airport outside of the Premises; (v) to make
alterations thereof or additions,thereto and to build additional stories on any buildings; (vi) to close
the airport due to inclement weather and/or natural disaster; and (vii) to close temporarily any areas
of the Airport, including runways, for maintenance purposes or (in the opinion of County) to
maintain security, safety or decorum, or the accrual of any rights of any person or of the public to
the properties and lands owned by County at the Airport.
8.2. Right to Enter the Premises. County reserves the right, after reasonable notice to REA, to
enter the Premises at reasonable times to make periodic inspections of the Improvements and the
use and operations of the Premises, to maintain the security and good public order of the Airport,
to respond to emergencies and to maintain and repair, remove or replace, add to or generally
10
improve any County -owned Improvements, equipment or facilities, provided, however that entry
shall not unreasonably interfere with REA's beneficial use of the Premises excepting temporary
interference in the event of emergency. In addition, County and its authorized representatives may
enter the Premises at any time during business hours for the purpose of exhibiting the Premises to
prospective REAS. REA shall permit County or any person authorized by County to enter upon
the Premises and make any necessary repairs to the Premises and to perform any work therein that
County, in its sole discretion, might deem necessary to prevent waste or deterioration or to enhance
or preserve the Airport. No exercise by County of these reserved rights shall entitle REA to any
damage for any injury or inconvenience occasioned by the exercise of such rights; provided,
however, that County shall repair any damage or unreasonable disturbance to the Premises
resulting from the exercise of these reserved rights.
8.3. Utility Easements. REA shall permit County ofsauthorized public utility company to run
gas, water, sewer, electric or telephone conductors, .pipes; conduits: or ductwork where necessary
over, under or through the Premises in a manner wh16"will not unreasonably interfere with REA's
use of the Premises. Moreover, County reserves'to;ifself the use of any'County-owned equipment,
machinery, connections, pipes, ducts, cond ., and wires that may currently lead to, over and
through the Premises and that serve other parts ofthe Airport;, all in a mangier and in locations
which will not unreasonably interfere with REA's use of the Premises.
'LIENS.
10.1. No Liens��;,,REA shall do ;all things necessary to prevent the filing of any mechanics' or
other lien against the Airport, th6,Tremises or any part thereof by reason of work, labor, services
or materials supplied of ,`;c'laim'ed to have been supplied to REA or any of REA's Parties, or by
reason of a failure to pay ary;`Tipositions which are required to be paid. During the construction
of any REA's Work, REA shall cause each contractor, subcontractor or supplier which performs
any of REA's Work to furnish County with an unconditional lien waiver (in form and content
satisfactory to County) promptly upon completion of such party's services. If any such lien shall
at any time be filed against the Airport or the Premises or any part thereof, REA shall either cause
the lien to be discharged of record within thirty (30) calendar days after the date of filing of the
lien or, if REA in its discretion and in good faith determines that such lien should be contested
within such time period, REA shall furnish such security as may be necessary or required, in
County's reasonable judgment, to prevent any foreclosure proceedings against the Airport, the
Premises or any part thereof and to permit a reputable title insurance company to insure over the
11
lien during the pendency of such contest. If REA shall fail to discharge such lien within such
thirty (30) calendar day period or fail to furnish such security within such period, such inaction
shall constitute a Default under this Agreement and, in addition to any other right or remedy of
County resulting from such Default, if REA fails to take either of such actions within ten (10)
additional days after receipt of County's notice of Default, County may, but shall not be obligated
to, discharge the lien either by paying the amount claimed to be due or by procuring the discharge
of such lien by giving security or in such other manner as is, or may be, deemed necessary by
County.
ARTICLE 11. USE AND POSSESSION;
1.1.1. REA's Permitted Uses. The Premises shall be
and shall not be used for any other purpose or bu:
Business") without the prior written consent of Coun
shall be null and void if not exercised within six ,5; r
Premises in accordance with the following terms,coi
(a) REA shall comply with the
and any other operating requirement.,
activities at the Airport. In the event
the Minimum Standards or Airport Ri
control unless otherwise agreed in writ
with all ramp operational, procedures p:
(b) REA,,shallnot perform or si
operate any business` at, contaminates any
waste, contamination, orHazardous`,,Material:
or Airport,
REA shall ,properly=, collect,
rated on the'Premises 'in acct
ENJOYMENT.
51ely for the purposes described herein
'hereinafter referred to as "Unrelated
thorization for any other approved use
after being,granted. REA shall use the
and standards:
Standards, Airport Rifles„and Regulations
by. County, applicable to each of REA's
4s�Ihis Agreement directly conflict with
.tions,`.,'the more restrictive provision shall
REA sh4fully and cooperatively comply
ffer- others to perform or conduct any activity or
portion of the Airport or disposes or releases any
onto; into or underneath any portion of the Premises
.nd dispose of used oil and other Hazardous
with applicable Laws and regulations.
(d) REA shall timely remit alt expenses and payments in connection with the use of
the Premises and the rights and privileges herein granted, including Impositions, taxes, permit fees,
license fees, and assessment law fitlly levied or assessed upon the Premises or property at any time
situated therein and thereon.
(e) REA shall comply with all Laws, rules, and regulations which may apply to the
conduct of the business contemplated, including rules and regulations promulgated by County,
and REA shall maintain in effect and post in a prominent place all necessary and/or required
licenses or permits.
(f) REA shall provide and keep current in the Airport Manager's office a list of key
employees and their telephone numbers for emergency contact purposes.
12
(g) REA shall provide the Airport Manager and thereafter maintain a listing of all
aircraft owned by REA or in REA's custody under some agreement with its owner.
(h) REA shall not erect or display, or permit to be erected or displayed, on the Airport
or to the exterior of the buildings on the Premises, any signs or advertising matter of any kind
without obtaining the prior written consent of County.
11.2. Non -Exclusive Use of Airport Facilities. REA shall have the nonexclusive right to the use
of the runways and taxiways of the Airport, fuel farm, the public waiting rooms, restrooms, and
other public places in the Airport, the roadways and landing aids; and other public facilities to the
extent provided by County but subject to any and all reasonalile conditions imposed by County
designed to ensure safe and equitable access and use of the Airport by the public and all other
REAs located at the Airport.
11.3. Quiet Enjoyment. County agrees that REA 'upon paying 'th rents and performing the
covenants and conditions of this Agreement, may4uietly have, hold arid, enjoy the Premises during
the Term, if any, without hindrance by County or by anyone claiming by, thxough or under County,
subject, however, to any mortgages, easemerits, ,"restrictions, reservations, of rights, and
encumbrances to which this Agreement is now or hereafter.becornes subordinate,or subject to, to
the extent expressly set forth in this Agteement.
ARTICLE 12. COMPLIANCE: COOPERATION.
12.1. Compliance with',Ldws�"and Insurance Requirements. ,, REA covenants and agrees not to
violate or permit the vlo;laiion of; and at its expense shall comply or cause to be complied with, all
Laws, regulations and>Jrisurance Rdquirements, and REA shall, at its sole expense, procure all
licenses, permits or other authorizatio'ns.required'in'orderto lawfully and properly use, as a portion
of the Airport,:�the; Premises mFtheriianner authorized, required and contemplated by this
12.2. Cooperation with other REA§ Rules and Regulations. REA shall reasonably cooperate
with all other"REAs operating,at the Airport and shall conduct its operations so as to avoid
unreasonable Interference with ;the use and operation of Other Leaseholds. County may, at its
discretion, adjust arid, determine, any difference or conflict that may arise between REA and other
REAs. Upon writteri''riotice by,.County to REA, REA and REA's Parties shall observe faithfully
and comply with generally applicable rules and regulations, day-to-day operating procedures
governing the decorum of the; Airport and the health, safety and welfare of the occupants, visitors
and patrons of the Airport as may from time to time be promulgated or established by the various
departments and agencies of County, State and Federal authorities having jurisdiction over such
matters.
ARTICLE 13. UTILITIES.
13.1. Payment by REA; Indemnification. While the Agreement remains in effect, REA shall:
(a) arrange for and pay any and all initial utility deposits and fees, connection and metering costs;
and (b) arrange for and pay all monthly service charges for electricity, gas, telephone, water and
X164...
13
sewage, and any other utility services furnished to the Premises and the Improvements thereon.
REA shall defend, indemnify and hold County harmless against any liability, charges, costs or
expenses (including but not limited to reasonable attorneys' fees) on account thereof. In case any
such utility charges are not paid by REA when due, County (without limitation on any of its other
rights or remedies for REA's Default) may pay the utility charges to the utility company or
department furnishing the utility service if REA fails to pay within ten (10) days after receipt of
County's notice and demand that payment be made, and in such event any amounts so paid by
County shall be treated as payment due County from REA as of the date paid by County and shall
accrue late fees pursuant to Section 7.7.
ARTICLE 14. INDEMNITY, RELEASE;
INSURANCE; ENVIRONMENTAL REGULATIONS.
14.1. Indemnity. In addition to any other i
Agreement, REA shall defend, indemnify and h6
agencies, departments, officers, elected
consultants, volunteers and agents (collectively"It
liabilities, losses, judgments, lawsuits, causes of:
penalties, claims, costs, charges and;,expenses, inc
referred to as "Claim"), which may:s
against County or the Indemnified
performance of this Agreement.
14.2. General Insurance Provided by R1
maintain in force throngliout the.term of t
such insurance as will'piotect REA�and Co
the execution of the services performed I
performed by REA's officers, employees,
anyone of therri tnay,be liable.` Ai a minim
ennriificat ons,, provided elsewhere in this
harmless County,, its boards, commissions,
Jointed officials; °, employees, contractors,
"Indemnified Parties");from and against all
ion, obligations, debts;,:demands, damages,
s
ling reasonable attorneys':�fees (collectively
sed or incutr�q,or asserted (whether real or claimed)
,bv reason "nv act or omission of REA in the
itself or through 5G Air shall purchase and
Tient, an,"all extensions of this Agreement,
claims winch may arise out of or result from
this Agreement, whether such services be
zbcontractors, or by anyone for whose acts
,hall carry the following insurance coverage:
A Statutory Limits
- million each accident
$1 million disease, each employee
$1 million disease, policy limit
Automobile Liability =owned, non -owned and hired autos
$I millior6"'' ined single limit for bodily injury and property damage
Airport Liability — combined liability coverage for bodily injury and property damage
$5 million per occurrence
Products/Completed Operations subject to an Aggregate limit of $1 million
(Piston/Aircraft)/$5 million (Turbine Aircraft)
Hangarkeeper's Liability
$4 million each aircraft, $10 million each occurrence
Premises Pollution Liability — combined liability limit coverage for bodily injury, and
property damage, including cleanup, treating, detoxifying, and removal costs to apply to
all fueling and maintenance operations.
$1 million each occurrence
The insurance specified above shall apply as primary and non-contributory with respect to any
other insurance or self-insurance programs afforded the County of Chesterfield.
The Airport Liability insurance shall be endorsed to add Chesterfield County as an additional
insured. This policy shall be endorsed to be primary with :respect to the additional insured
insurance.
At the time of execution of this Agreement by REA,
of Insurance naming County as an additional insure
Agreement and all extensions, REA shall furnish,�C(
reflecting any and all changes to REA's insurance,,c
in coverage terms, coverage limits, insured risks,�4g1
be canceled, the issuing company or its age4",
cancellation to County.
14.3. Insurance Documents. REA' afire'
documents. With respect to the general`inst
shall provide County with the following do
of the Premises is delivered io;'REA-
(a) Certificates of insurance for
specifically the form on which the policy is
(c) Waiver of',subrogatit
Recovery Against Others", "Waiver o
(d) 30-44y notice
(e) Loss
;A shall�furnish County with a Certificate
ar' all coverages. During the term of this
[ty with updat'ed Certificates of Insurance
rage including=;but not limited to changes
or insurers. Should any of the coverage
mail ,thirty days written notice of such
with the following insurance
I pursuant to this Article, REA
le date upon which possession
- each certificate shall indicate
the policy deductible.
endorsements (A.K.A.: "Waiver of Transfer Rights of
!ur. Right to Recover from Others").
ion clause endorsements.
Thereafter, original" certificates, and/or amendatory endorsements effecting coverage
thereof shall be delivered to County within fifteen (15) days prior to the expiration of each term
of such policy. It is the responsibility of REA to confirm that all subcontractors that REA may
use for the completion of this Agreement comply with all the terms and conditions of the Insurance
Provisions. REA agrees to permit County, at any reasonable time, to inspect REA's policies of
insurance with respect to the Premises.
14.4. Failure of REA to Obtain Insurance. In the event REA fails or refuses to procure or
maintain all insurance required by this Agreement or fails or refuses to provide County with
If
UI S;
15
required proof of the same and is in full force and effect and paid for, County shall have the right,
but not the obligation, on five (5) days written notice to REA, to procure and maintain such
insurance. All premiums paid by County shall be treated as payment due County from REA as of
the date paid by County and shall accrue late fees pursuant to Section 7.7.
14.5. No Limitation of Liability. Insurance coverage in the minimum amounts set forth herein
shall not be construed to relieve REA for liability in excess of such coverage, nor shall it preclude
County from taking such other actions as are available to it under any other provisions of this
Agreement or otherwise at law or in equity.
14.6. Adjustment of Coverage. REA shall notify
determination that any aggregate insurance limit is
must be purchased by REA as directed by County.
and adjust the types and amounts of insurance covet
be adjusted concurrently with any adjustment to,Vtl
then -current Rent and Fee Schedule and/or, ",0
officer) in his or her reasonable discretion <It%,:
underwriting standards and practices are subject to`
the types or amounts of coverage ,provided herei
inadequate to insure existing or newly zderitil
County reserves the right in its reason'a e'elis
insurance or any other insurance requirements
not be required to purchase insurance that',is;n<
14.7. Hazardous Materials. REA;covenants;
stored, used, transported or disposed, of at the I
strict compliance with all Laws controlling the
iting within ten (10) days of its
such event, additional coverage
the right to periodically review
finder this Article 14 which shall
requirements prescribed by the
Risk Manager :(or equivalent County
i. REA acknowledges that insurance
over the`:course of the Term,
lined fot'aood cause to be
risks.�Accordingly, if such conditions change,
ion tomodify the required amounts or types of
forth in thistArticle 14 provided that REA shall
�mniercially available.
shall be brought onto,
by REA or any of REA's Parties, except in
and use of such materials. No Hazardous
Materials shall be�placed into"the pluinbmg:�,or wastetreatment systems of the Premises except for
systems d„esigned to accept Hazardous Materzals� foi'�reatment and discharge in accordance with
the Laws"'.,,,” applicable thereto: REA�shall undertakespecial attention and precautions to prevent the
VO
discharge.or disposal of any.Hazardous Materials in or on the Premises and to prevent the discharge
or disposal of,,any waste, contammation,�foul substances, trash or other offensive materials from
the Premises mto,�,any portion of,the Airport. REA shall hold harmless, indemnify and defend
County and the other Indemnified Parties from and against any direct (but not indirect or
consequential) Environmental Damages resulting from events occurring on or about the Premises
during the Term arising �`from4he physical condition of the Premises arising from the acts or
omissions of REA or any ofREA's Parties, except to the extent such Environmental Damages arise
from the willful or negligent misconduct of any of the Indemnified Parties. REA covenants to
promptly notify County when REA becomes aware of. (a) the presence of Hazardous Materials in
or on the Premises which were not previously authorized by County in accordance with the
provisions of this Section or otherwise approved in writing by County; and (b) the release on or
into the Premises, the Airport, or the air of Hazardous Materials, whether or not caused or
permitted by REA. Such notice shall include as much detail as reasonably possible, including, to
the extent known by REA, the location, type and quantity of Hazardous Materials released. If the
unauthorized existence of Hazardous Materials on the Premises or Airport is caused or permitted
by REA, or REA releases Hazardous Materials beneath, on or above the Premises or Airport, and
3-1 +y
16 iap
such existence or release results in Environmental Damages, REA, at its sole expense, shall
promptly take all actions required by the Laws applicable thereto to return the Premises and/or
Airport to the condition existing prior to the events which resulted in Environmental Damages.
Notwithstanding the foregoing, REA shall take no remedial action with respect to any
Environmental Damages without the prior written consent of County, and County reserves the
right in its sole discretion to perform any such remedial action at REA's cost; provided, however,
that REA reserves the right to take such remedial action that may be necessary to comply with
applicable Laws or to mitigate or prevent further Environmental Damages from occurring. REA
shall, in addition, comply with any reasonable requirements of County from time to time to
implement or facilitate the enforcement or administration of the provisions of this Section, will
certify annually, if so requested by County, that to REA's knouvledge it is in compliance with all
Laws applicable to Hazardous Materials, and will cause any Sublease to contain provisions
substantially the same as those in this Section which expressly:state that they are for the benefit of
and may be enforced by County. REA's indemnification obligation and other covenants and
obligations set forth in this Section shall surviy6i the expiration ori earlier termination of this
Agreement as to events and occurrences while thisAgreement was in effect. The County agrees
that it shall not attempt to hold REA responsible for any environmental<damage to the Airport
property in existence at the time of the execution of this Agreement.
14.8. Stormwater Regulations. .REA acknowledges ,the Premises are subject to federal
stormwater regulations (40 CFR Part 122) ;°for aircraft indintenance shops (including aircraft
rehabilitation, mechanical repairs, painting, ';fueling and ;lubrication), equipment cleaning
operations that occur at the,Airport as defined in�"these regulations and, as applicable, State and
local stormwater regulations ,REA further'acknowledg'es` that it is` familiar with these stormwater
ucts or operates vehicle,�and' aircraff:,maintenance, equipment cleaning
regulations; that rt cond
operations activities a's�.�defined inklie stormwater'egulations;°and that it is aware that there are
significant penalties for submitting false inforiration, including fines and imprisonment for
knowing violations. Airport acknowledge that close cooperation is necessary to
minimize costs: REA acknowledges and "agrees that=��it will undertake all reasonably necessary
actions to`n inimize th6�,&4osure'ofstormwater �o"nificant materials generated, stored, handles,
or otherwise, used by REA"'by adhering.to County requirements and "Best Management Practices."
Best Management Practices �deseribes practices employed to prevent or reduce source water
pollution, suchas ,the construction of runoff=retention basins and replanting eroding surfaces. The
Airport will conduet.annual Bestmanagement Practice inspections to assure REA compliance.
FIXTURES AND PERSONAL PROPERTY;
AYMENT OF IMPOSITIONS.
15.1. Removable Trade Fixtures. Any Removable Trade Fixtures shall remain the property of
REA and County agrees that REA shall have the right to remove any and all of its Removable
Trade Fixtures which it may have stored or installed in the Premises, provided REA is not in
Default. Nothing in this Article shall be deemed or construed to permit REA to remove such
Removable Trade Fixtures without the immediate replacement thereof with similar property of
comparable or better quality, if such removal renders the Premises unsuitable for conducting the
type of business specified in this Agreement. REA shall, at its expense, immediately repair any
damage to the Premises caused by the removal of any such Removal Trade Fixtures, signs, and
06.E
17
other personal property. All Removable Trade Fixtures installed in or attached to the Premises by
REA must be of good quality and good conditions when so installed or attached.
15.2. Taxes on Improvements and Fixtures. REA shall be responsible for prompt payment of all
taxes or fees levied, assessed or imposed upon its business operation, Removable Trade Fixtures,
aircraft, machinery, and all other personal property in, on or upon the Premises.
ARTICLE 16. REPAIRS AND MAINTENANCE.
16.1. Self -Help. In the event County determines that REA is in Default of REA's performance
of its maintenance obligations under this Agreement, County",sliall notify REA in writing of such
Default, describing the basis thereof. If REA fails tocorrect or cure such Default within a
reasonable time after receipt of such written notice (butt in no';event later than fifteen (15) days
thereafter), or if REA's performance of its maintenance obligation"nder this Section is habitually
breached by REA, then, upon thirty (30) days' ,prior written notice, County may, but is not
obligated to, enter upon the Premises and perfof�i, any work or provide any material reasonably
necessary to correct such Default, in which case'REA shall assume all hat �ility for such work or
material and the maintenance thereof, and shall reimburse
reasonable costs incurred by County in connection'tlierewitl
written demand therefor from County J,,, I f the Default ;or �tl
reasonable opinion of County constitutes �an imminent threat
emergency that requires immediate attention, County may e
giving REA such written or,oral notice as"slall be reasonable i
Default or repair such condition'=;,County shall not be require(
prior to the exercise of` &'rights under this Section
ounty, as additional rent, for all
Within fifteen (15) days following
condition of the Premises in the
pr danger to public safety or other
:er,the Premises immediately after
ider',the circumstances to cure such
to fiirrish notice to any Mortgagee
16.2. Approvals by County. For<' all repairs and maintenance undertaken pursuant to this
Agreement, REA shallcomplywztli`eaeh;arzd every condition for performing REA's Work set forth
in this Agr';eeiiient, including County's approval of Approved Plans therefor as required in Article
9, except that such Approved Plails,,shall n
motbe required for: (a) non-structural repairs to the
interior'o the Improveents;�;and (b)',other minor repairs for which the estimated cost does not
exceed Twenty Five Thousandand h46/100 Dollars ($25,000.00) per instance of repair or
maintenance orFtty Thousand and No/ 100'Dollars ($50,000.00) in the aggregate in any calendar
year (subject to adjustment frorntime to time by County based on changes in the CPI).
17. RECONSTRUCTION.
17.1. Damage or Destruction by Insured Casualty. In the event any of the Improvements are
damaged by a casualty actually covered by REA's insurance or a casualty which is required to be
insured against by REA pursuant to Article 14 of this Agreement, unless otherwise agreed to in
writing by County, REA shall, within a reasonable period of time, commence and complete the
restoration, replacement or rebuilding of the Improvements, together with such alterations and
additions, or variations from the original plans for the exterior elevations (including materials
selection and color) or the size, bulk and scale of the Improvements and such alterations or changes
as are required by then current building code, such repair or restoration to be performed in
accordance with all provisions of this Agreement and at no cost to County.
17.2. Damage or Destruction by Uninsured Casualty. In the event any of the Improvements are
damaged by a casualty not covered by REA's insurance and which is not required to be insured
against by REA pursuant to Article 14 of this Agreement, REA shall promptly remove the debris
resulting from such casualty, take such measures as may be required to protect the integrity of any
undamaged Improvements on a short-term basis (i.e., until a complete renovation, reconstruction
or demolition can be accomplished), and eliminate or mitigate any immediate health and safety
hazards, and within a reasonable time thereafter REA shall further, in accordance with all
provisions of this Agreement and at no cost to County, either: (i) repair or restore the
Improvements so damaged; (ii) erect other Improvements as may,,be approved by County in such
location; (iii) demolish the damaged portion of such Improve rents, restore any remaining
Improvements to an architectural whole, pave or otherwise °restore the area to a neat, orderly,
sanitary and attractive condition; or (iv) terminate this Agreement (if authorized pursuant to
Section 17.3) and remove all rubble and debris from the�Premises.: REA shall give written notice
to County which alternative it elects not later thanf�the later of(i)-thirty (30) days after the
occurrence of the casualty; or (ii) if REA sub mits'plans for the erection of other Improvements
under clause (ii) immediately above within 90 days of such casualty, then��within 30 days after
County's approval or disapproval of such plans. '.
17.3. Termination Upon Substantidt
seventy-five percent (75%) or more oftl
be destroyed by any cause, except as ca
unfit for occupancy by any, authorized p
by the fault of REA, either tivlolly or in
Premises, then REA niay`elect to�'termin
or rebuilding by delivering written mbti(
on a date not later than sixty, (60) days f
Such notice ;of termination''sha11 be::de1
an mctepenaent lice
shall also` assign to
as
with County btaim
allocated by the 'insuranc
with
mage. If Improvements having a replacement value of
value of all of the'Improvements on the Premises should
,,pd primiarily by the 'fault of REA, or declared unsafe or
3lic authority for any reason, except as caused primarily
apedegree ,as,,,, substantially impair REA's use of the
ethis Ag peoment m,,,, eu;of such restoration, replacement
to Countyof such election to terminate this Agreement
in the date,of delivery of said notice, citing this Section.
�ered to County not later than sixty (60) days after the
a =bohat ide�6ost estimate for the anticipated costs from
yet or other qualified party. Upon such termination, REA
proceeds that are not applied by REA to the repair and
rth hereinabove, and, in addition, REA shall cooperate
,e, proceeds, except such proceeds as are reasonably
to the Removable Trade Fixtures.
17.4. Commencemei&6f Restoration. If the Improvements on the Premises shall be damaged or
destroyed, and either the provisions allowing termination of this Agreement do not apply, or the
provisions of this Agreement allowing termination do apply but REA does not elect to terminate
this Agreement, REA shall commence its obligations of repair and restoration set forth in this
Article as soon as practicable, and shall prosecute the same to completion with all due diligence.
17.5. Abatement of Rent. In the event of any damage, repair or restoration provided for in this
Article and so long as this Agreement remains in effect and is not terminated, the parties agree to
discuss whether the extent of such damage, repair or restoration justifies an abatement in the rent
for the Premises.
0 10 4 ,..13
19
ARTICLE 18. TRANSFERS AND SUBLETTING.
18.1. Restrictions on Transfer. REA shall not transfer, assign, or sublet its interest in this
Agreement without the prior written consent of County. For purposes of this section, a transfer
shall include a transfer or sale of a controlling interest in REA to any single individual or
corporation or other entity. REA acknowledges that the County's approval of its application to
operate as an FBO at the Airport was based on representations made by REA to the County
regarding the identity of the principal owners, managers and operators of the business. Any change
in the identity of those individuals is subject to County approval.
ARTICLE 19. LEASEHOLD MORTGAGING.
INTENTIONALLY DELETED.
ARTICLE 20. AIRPORT REGULATORY PROVISIONS.
20.1. Regulatory Provisions. The following,";{Governmental Ageney";,regulatory provisions
constitute binding terms, conditions and reservat16hs ,Qf this Agreement:
(a) REA, for himself, hist' heirs,y.personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant
running with the land that in the event facilities are'constructed;',,maintained, or otherwise operated
on the property described m this Agreem6fif.for a purpose. for whi&a United States Department
of Transportation ("DOT"') program or activity is extended or for another purpose involving the
provision of similar services or benefits, RE hill mamiiii,'=:and operate such facilities and
services in compliance`�yvith all other;requirements'imposed pursuant to Title 49, Code of Federal
Regulations, DOT, Subtitle,A, Offce„of,the Seoi , r ,Part 21, Nondiscrimination in Federally
Assisted Prograins of the Depaft ment�'of Transportation Effectuation of Title VI of the Civil Rights
Act of 1964; and as said° Regulations may die `axiended
(b)% REA, for himself, his personal representatives, successors in interest, and assigns,
as a part of th"',tonsiderationhareof, does hereby covenant and agree as a covenant running with
the land that (7)no_ person on tle�grounds'of race, color, sex, religion or national origin shall be
excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination
in the use of the facilities; (2) in,the construction of any improvements on, over, or under such
land and the furnishingtof services thereon, no person on the grounds of race, color, or national
origin shall be excluded frorn:participation in, denied the benefits of, or otherwise be subject to
discrimination; and (3) REA shall use the premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of
the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended.
(c) That in the event of breach of any of the above nondiscrimination covenants,
County shall have the right to terminate the Agreement and to reenter and repossess the land and
the facilities thereon, and hold the same as if the Agreement had never been made or issued. This
20 � MIJ = GZ'l
provision does not become effective until the procedures of 49 CFR Part 21 are followed and
completed including expiration of appeal rights.
(d) REA shall furnish its accommodations and/or services on a fair, equal and not
unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not
unjustly discriminatory prices for each unit or service; provided, that REA may be allowed to
make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions
to volume purchasers.
(e) Noncompliance with Section 20.1(d) shall constitute a material breach thereof and,
in the event of such non-compliance, County shall have the right<to terminate this Agreement and
the estate hereby created without liability therefor, or at the=;election of County or the United
States, either or both shall have the right to judicially enforcetkie=provisions of Section 20.1 (d).
(f) REA shall insert the provisions of,Sectibn this 20. 1, subsections (a) through (e), in
any agreement, contract, etc., by which REA �grarits a right or privilege ,.to any person, firm or
corporation to render accommodations and/or ser d es to the public on the Premises herein leased.
(g) To the extent applicable, REA assures, thatt will comply wlthl4,, CFR Part 152,
Subpart E, to ensure that no person `shalf'on_the groundsofrace, creed, color, national origin, or
sex be excluded from participating in any`�employment activities covered in 14 CFR Part 152,
Subpart E. REA assures that no person shall be 6kcluded on the`se;grounds from participating in or
receiving the services or benefits of any program or activity covered,by this subpart.
(h) County`reserves the r ght, but shalluo' f be obligated to REA, to maintain and keep
in repair the landing area�.of the Airport and all publicly owned facilities of the Airport, together
with the right to direct and"control�ah',.activities of,,, A in this regard.
(i)' -"y " REA'agTees to'coinply with"`the notification and review requirements covered in
Part 77 of the Federal`"Aviation`Rggulati,ons event future construction of a building is
planned "fo'rthe Premises, or in,the event of any planned modification or alteration of any present
or future building or structure'situated on the Premises.
(j) Ittrs';understood acid agreed that nothing herein contained shall be construed to
grant or authorize the'granting o`f an exclusive right within the meaning of § 308a of the Federal
Aviation Act of 1958 (49'U.SG.''1349a).
(k) There is hereby reserved to County, its successors and assigns, for the use and
benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface
of the Premises. This public right of flight shall include the right to cause in the airspace any noise
inherent in the operation of any aircraft used for navigation or flight through the airspace or
landing at, taking off from or operation on the Airport.
(1) REA, by accepting this Agreement expressly agrees for itself, its successors and
assigns that it will not without the consent of County erect nor permit the erection of any structure
or object nor permit the growth of any tree on the land leased hereunder above the mean sea level
21
elevation of more than 100 feet. In the event the aforesaid covenants are breached, County
reserves the right to enter upon the Premises and to remove the offending structure or object and
cut the offending tree, all of which shall be at the expense of REA.
(m) REA, by accepting this Agreement, agrees for itself, its successors and assigns that
it will not make use of the Premises in any manner which might interfere with the landing and
taking off of aircraft from the Airport or otherwise constitute a hazard. In the event the aforesaid
covenant is breached, County reserves the right to enter upon the Premises and cause the
abatement of such interference at the expense of REA.
(n) This Agreement and all the provisions
United States Government now has or in the future
operation, regulation and taking over of the Airport
Airport by the United States during the time of war,"o
20.2. Government Inclusions. This Agreerri
existing or future agreements between Couh
Governmental Agency, relative to the operation
which has been or will be required asya condition r
funds for the development of the Airport County
of any such provisions that could result n `the, su,t
the Premises under this Agreement.If REA, in its
that any such provision will. result in the��substan
Premises under this Agreernent,>REA shall have
(30) days written notlee,to Courity`which right to;
(30) days after REA's`receipt of ;`said advanced
termination of the Agreement pursuant.to this Sec
Article 22. Subject to on
domain ,lavas;' REA e Gives and; releases a iy ;.an(
reimbursement or liability of any kind arising' fro
Aereementi Dursuant to this'�'Section. ;
lhbe subject to whatever right the
ay have; or acquire, affecting the control,
the exclusive or nonexclusive use of the
iational,`state or local emergency.
I be subordinate'to, the provisions of any
the United Statds: `Government or other
intenance of the Airport, the execution of
entto the granting of Government Agency
5r Vide REA with advanced written notice
al impairment of REA's authorized use of
nercially reasonable judgment, determines
mairmenti o'f..REA's authorized use of the
rightao terminate this Agreement on thirty
rr inate, must,,, exercised no later than thirty
)tice from "County. In the event of REA's
n, REA shall comply with all requirements of
Ly, of REA's rights under applicable eminent
ll"'Claims against County for loss, damage,
or related to REA's election to terminate the
20.3. Federal "Government Emergency Clause. All provisions of the Agreement shall be
subordinate to the rights of the;United States of America to operate the Airport or any thereof
during time of wSuch rights shall supersede any provisions of this
Agreement inconsistent ithjhe;operations of the Airport by the United States of America.
ARTICLE 21. DEFAULTS; REMEDIES; DAMAGES.
21.1. Default. The occurrence of any of the following shall constitute a "Default" and a breach
of this Agreement:
(a) Monetary Defaults. REA's failure or refusal to pay any amount of rent, or any
other sums or charges payable by REA under this Agreement when due is a monetary default
("Monetary Default").
22
(b) Non -Monetary Defaults. Either party's failure or refusal to perform fully and
promptly any express or implied covenant of this Agreement other than a Monetary Default is a
non -monetary default ("Non -Monetary Default").
21.2. Notices; Opportunity to Cure; Cure Periods. Following the occurrence of any Default, the
non -defaulting party may give the defaulting party a written notice specifying the nature of the
Default and the provisions of this Agreement breached ("Notice of Default") and demanding that
the defaulting party either fully cure each such Default or commence and diligently prosecute such
cure within the time period specified in the corresponding subsections below. Any Default not
cured within the allotted cure period set forth below shall be an, Event of Default.
(a) For any Monetary Default, thirty (30)
(b) For any Default under Article 10
provide proof of any required insurance
Notice of Default.
(c) For any other Non -Monetary Defai
Notice of Default; provided, however;°that if the natu
reasonably be cured within said forty five; (45) day
additional time as is reasonably neces
the expiration of said forty-five (45)
remains uncured, the defaulting party is
Default.
21.3. Event of Default: ,,Upon
may pursue all of its rights and r
those set forth m',this Article;T
in this Sectzon'f5r cure` of REA';
in addrtrori"to) any similaf4ime 1
commericeinent of legal action,a
such
, a`fter delivery of the Notice of Default.
this Agreement for failure to obtain or
(5) business ,;days after delivery of the
forty free,, (45) days after, delivery of the
a£saYd;Default is such th"e same cannot
riod"the defaulting party shall have such
Default,, provided that at all times prior to
for the`',period thereafter that the Default
'onable dilikence in its efforts to cure such
,urrende of an Event of Default, the non -defaulting party
3 set fortkrifi this Agreement, including, but not limited to,
,tent,,permittO' by Virginia law, the time periods provided
its �of,fo'r.surrerider of the Premises shall be in lieu of (not
prescribed,by Virginia law as a condition precedent to the
ZEA for possession of the Premises.
21.4. Multipl&Notices of Default. Notwithstanding anything to the contrary set forth in this
Agreement, if during, any twely, 2) consecutive calendar month period, REA shall have failed
to perform or comply;:with th'r'ee (3) or more independent material obligations that result in
County's issuing Notices bof Defaultpursuant to Section 21.2: (i) for violation of the use provisions
of Article 11; (ii) for failure',to timely pay rent under Article 7; or (iii) for failure to maintain and
repair the Premises as provided in Article 5, such cumulative Notices of Default shall be deemed
an incurable Event of Default without any requirement for the delivery of any further Notice of
Default and opportunity to cure. Notwithstanding the foregoing, for purposes of this Section only,
in no event shall any of the following events or occurrences be deemed a Default that can be
cumulated with other Defaults to constitute an incurable Event of Default under this Section: (i) a
Default arising out of the independent act or omission of one of REA's Parties other than REA
itself (i.e., an act or omission not consented to by REA), and so long as REA acts with reasonable
diligence to cure or correct same; or (ii) minor deficiencies in providing maintenance and repairs
that do not materially compromise the safe, sanitary and operating condition of the Premises or the
23
operation of REA's business or the Airport, provided that such minor deficiencies shall have been
cured within sixty (60) days of the service by County to REA of Notice of Default of such minor
deficiencies.
21.5. Bankruptcy or Insolvency Events. Notwithstanding anything to the contrary set forth in
this Agreement, any of the following events shall be deemed an incurable Event of Default without
any requirement for delivery of a Notice of Default: the entry of any decree or order for relief by
any court with respect to REA in any involuntary case under the Federal Bankruptcy Code or any
other applicable federal or state Law; or the appointment of or taking possession of the Premises
or any substantial part of the property of REA by any receiver, liquidator, assignee, trustee or other
similar official, or the ordering or winding up or liquidatiug,"of the affairs of REA and the
continuance of such decree or order unstayed and in effect for `a period of sixty (60) days or more
(whether or not consecutive); or the commencement by REA oda voluntary proceeding under the
Federal Bankruptcy Code or any other applicable state b"r federal`Law or consent by REA to the
entry of any order for relief in an involuntary case under any such Law, or consent by REA to the
appointment of or taking of possession by a receiver, liquidator, assignees trustee, sequestrator or
other similar official of REA, or of any substantlalproperty of any of the foregoing, or the making
by REA of any general assignment for the benefit,`6fcreditors;=or REA tak6§; ariy other voluntary
action related to the business of REA.or the winding up�,of the ,affairs of any of,'tlie�foregoing.
21.6. Additional Assurances. At any'ti
REA or any other Non- Monetary Default
tangible property, within ten (10) days fr6i
(and assuming such Default,stil.has not
financial statements forkREA, ilth;eviden
the Default, and assurances that REAis un
to perform its obligations under this'Agre
assurances may, at the election of Courif3
REA of its `blli'atiotis under thls',Areemf
21.7. Countv's Rights and:,T
County may exercise any one<'
or demand of any;kind to REA
enumeration of such,rights and
right or remedy County may he
the exercise of such remedies
zg the, occurrence of a Monetary Default by
)r which reduires the purchase of services or
request by County to REA citing this Section
d),"REA,yshalf' ovide County with current
�A thaf," has the financial ability to cure
effect such cure and that REA will continue
lure to timely provide such information and
;d an Event of Default and a repudiation by
a Upon the occurrence of an Event of Default by REA,
ofthe following rights and remedies without further notice
other person, except as required by applicable Law, and the
lies herein shall not limit County in the exercise of any other
account of such Event of Default (provided, however, that in
shall at all times comply with applicable State Law):
(a) Termination.' The right of County to terminate this Agreement and REA's right to
possession and to reenter the Premises, to take possession thereof and remove all persons
therefrom, following which REA shall have no further claim thereon. A notice given in
connection with unlawful detainer proceedings specifying a time within which to cure a Default
shall terminate REA's right to possession if REA fails to cure the Default within the time specified
in the notice.
(b) Re-entry. The right of County, without terminating this Agreement, to reenter the
Premises and take possession of all Improvements, additions, alterations, equipment and fixtures
MMM
24
therein and occupy the whole or any part thereof for and on account of REA and to collect any
unpaid rentals and other charges, which have become payable, or which may thereafter become
payable and to remove any persons in possession thereof.
(c) Termination Following Re-entry. The right of County, even though it may have
reentered the Premises, to elect to terminate this Agreement and REA's right to possession of the
Premises.
(d) Equitable Relief. The right of County to equitable relief, including the right to
enjoin any act or omission.
21.8. County's Damages. If County elects to ter
Agreement, County may recover from REA the fo
(a) The worth at the time of award
time of such termination; plus
(b) The worth at the time of award of if
would have been earned after termination until the
rental loss REA proves could have been reasonably
(c) The worth at the time of awvard"''
balance of the Term or Renewal Period (if;duly
amount of such rental loss that`REA brovescoul(
(d) The late ;fees and interest that
charges and fees
as provided for in this
it which had been earned at the
which the'`dnpaid rental which
-d exceeds the amount of such
plus
.which the unpaid rental for the
r the time of award exceeds the
avoided; plus
on any and all unpaid rent and other
Any other amount necessary)`� to compensate County for all the detriment
proximately caused by REA's failurbjo perform"kt "Obligations under this Agreement or which in
the ordind course of things Would be likely to result therefrom, including, but not limited to, any
costs or expenses incurred byCounty`,',`,lli:-k (i) retaking possession of the Premises, including
reasonable attorneys' fees; (ii) maintaining or preserving the Premises after such Event of Default;
(iii) preparing the ,Premises for reletting to a new REA, including repairs or alterations to the
Premises for such re1'etting, together with all leasing commissions, and any other costs necessary,
incidental or appropriate fo. relet;
Virginia and the surrender of possession pursuant to such notice shall not (unless County elects
to the contrary by a written notice to REA at the time of or subsequent service of such notices) be
deemed to be a termination of this Agreement. If County enters or takes possession of the
Premises, County shall have the right, but not the obligation, to remove therefrom all or any part
of the Removable Trade Fixtures and any other personal property located therein and to place the
same in storage at a public warehouse, all at the sole expense and risk of REA. Except as may be
otherwise warranted and represented to the contrary by County in a written instrument for the
specific benefit of a Transferee, the consent of County to a Transfer, or to a Transfer without the
consent of County, shall not waive any Default (or Event of Default) occurring prior to such
Transfer or the entry of the Transferee upon the Premises.
21.9. Fixtures and Personal Property. Without limi
with regard to an Event of Default by REA,
additions and alterations to such Removable
personal property, and all Improvements, addil
and if thereafter County regains possession of to
applicable Law County shall have the right, sub
County's or lienholders of such property and fi
applicable Law, to take the exclusive possession
charge free, or, at its Renewal, to requirREA to
all of
other rights as County may have
;movable Trade Fixtures and all
`Fixtures; `furniture, equipment and other
nd alterations ,:shall remain on the Premises
nises in accordan&,with this Agreement and
the superior rights of any third party owners,
subject to,'any limltations�tor requirements of
Arne andto use or destroy',the same, rent or
o`veanvor all of the same.
21.10. No Waiver. The waiver by the,`:non=defaulting party`, of any Default under any term,
covenant or condition herein shall not be deemed to be awaiver of such term, covenant or condition
generally or of any subsequent Default undcr,,the same o`r any other:term, covenant or condition.
The subsequent acceptance of rent ,or any other fee yor charge,hgreunder by County shall not be
deemed to be a waiver4'of any preceding Default by�REA, or of any right of County to a termination
or forfeiture of the Agreement by reason of su'6 efault, regardless of County's knowledge of
such Default at the time of acceptance of such rent,Fees or charges. No term, covenant or condition
of this Agieement shalhbe deeined�to have`l een waived by County unless such waiver is in writing
and signenby County: The rights„and remedies given to County in this Article 21 shall be in
additionaid supplemental toall othetrriights or remedies which County may have under Laws then
in force.
21.11. Self Heli ; If REA shalt.,Default in the performance of any covenant on its part to be
performed by virtue of;any provisions of this Agreement, County may, at County's option, after
providing a Notice of Default.and=t he expiration of any cure period with respect thereto as required
pursuant to the applicable provisions of this Agreement, perform the covenant for the account of
REA, and the costs incurred by County shall be immediately due and payable by REA to County,
on demand, as additional rent. If County, at any time, is compelled to pay or elects to pay any sum
of money or do any acts which would require the payment of any sum of money by reason of any
such Default, after providing a Notice of Default and the expiration of any grace period with
respect thereto as required pursuant to the applicable provisions of this Agreement, the sum or
sums so paid or incurred by County, shall be immediately due and payable by REA to County, on
demand, as additional rent. Any amounts paid or costs incurred by County hereunder shall accrue
late fees pursuant to Section 7.7.
26
21.12. Independent Obligations. Except as otherwise expressly provided herein, this Agreement
shall continue in full force and effect, and the obligations of REA hereunder shall not be released,
discharged or otherwise affected, by reason of: (a) any restriction or prevention of or interference
with any use of the Premises; (b) any bankruptcy, insolvency, reorganization, composition,
adjustment, dissolution, liquidation or other proceeding relating to County, or any action taken
with respect to this Agreement by any trustee or receiver of County with respect to this Agreement
by any trustee or receiver of County, or by any court, in any proceeding; (c) any claim which REA
has or might have against County; (d) any failure on the part of County to perform or comply with
any of the terms hereof or of any other agreement with REA; or (e) any damage to or destruction
of the Premises or any part thereof or any Taking of the Premises or any part thereof. Except as
otherwise expressly provided in this Agreement, the obhgafions� of REA shall be independent
covenants and agreements separate from and not conditioned `ori the covenants and agreements of
County.
ARTICLE 22. WASTE
SURRENDER OF PREM
22.1. Waste of Improvements. REA shall not rem
waste, destroy or modify any Improvements on the
this Agreement.
22.2. Surrender of Premises. Upon al
the Term, Renewal Period (if duly
condemnation or otheruvlsea',REA.,shall
Premises and peaceabl
and, subject to the righ
Premises as provided
Improvements, zappara
REA's rfiirniture` eqi
County tri` good condi
Agreemeiitao be kept.
If this Rgreeme
enter upon the Preriiise
to determine whether tl;
and restored in accord
it arid, J nmediatdly?
Countyto require R'
elsewhere in this
in
any Improvements `from the Premises nor
mases ekcept as permitted, or required by
of this Agreement, whether by expiration of
earlier termination hereunder, forfeiture,
ease operatiigand/or doing business at the
rder possession of the Premises to County,
remove such Improvements and restore the
;ement, such surrender shall include all
excepting Removable Trade Fixtures and
erty. REA shall surrender the Premises to
y were required by the provisions of this
L is terminated due to an Event of Default, County shall have the right to
and to have the Premises and the Improvements inspected at REA's cost
Premises,and the Improvements have been properly maintained, repaired
rice ,With the terms of this Agreement. If this Agreement shall have
terminated without County,electing to require REA to remove Improvements and restore the
Premises as provided for hereinafter, all Improvements shall be the property of County without
payment or other compensation therefor. REA shall repair at its own expense any damage and
defacement to the Premises caused by its removal of its Removable Trade Fixtures.
Notwithstanding anything in this Agreement to the contrary, any Removable Trade Fixtures and
all furniture, equipment and other personal property which are not removed from the Premises
upon termination of this Agreement shall, at the election of County, become the property of County
and County may thereafter either: (i) retain all or any part of the same as County's property without
payment therefor to REA; or (ii) cause all or any part of the same to be removed from the Premises
1G ";27
and disposed of, but the cost of any such removal and disposition and the cost of repairing any
damage caused by such removal shall be borne by REA.
ARTICLE 23. NOTICES.
23.1. Contact Information. The address and facsimile number of REA for the purposes of this
Agreement are:
[Name]
[Street Address]
[City, State, ZIP]
[Facsimile Number]
[Email Address]
The address and facsimile number of County
Airport Manager
7427 Airfield Drive
Chesterfield, Virgin
(804) 271-2425 (Fa,
Copies of all notices or dem
Office of County Attorney using the
to County.
Either party ma
written notice thereof to
832
ses of thi8, Aereement are:
shall also be delivered to
ver said notice or demand
address and�facsimile number for such notices by giving
:y in the manner specified above.
23.2. MethodFof`D6live ry. Wherever in this Agreerrient it is required or permitted that notice or
demand le'given or served`by eithex party upon the° other, such notice or demand shall be in writing
and shall",be� deemed to have been dulk given: (a) upon the date of courier delivery thereof; (b) the
next day after,Aelivery thereof:by confirmed facsimile transmission; or (c) three Business Days
after being mailed by certified`or registered�mail, postage prepaid.
CLE 24. MISCELLANEOUS.
24.1. Relationship of the= -,Panties. Nothing contained in this Agreement shall be deemed or
construed as creating a partnership or joint venture between County and REA or between County
and any other party, or cause County to be responsible in any way for the debts or obligations of
REA or any other party. The County, by entering into this Agreement, is in no way guaranteeing
REA's financial success.
24.2. Severability. If any provision of this Agreement shall be determined to be void by any
court of competent jurisdiction, then such determination shall not affect any other provision of this
Agreement and all such other provisions shall remain in full force and effect. It is the intention of
the parties hereto that if any provision of this Agreement is capable of two constructions, one of
which would render the provision void and the other of which would render the provision valid,
then the provision shall have the meaning which renders it valid.
24.3. Warranty of AuthoritX. The persons executing this Agreement on behalf of REA hereby
represent and warrant that: (i) their execution of this Agreement on behalf of REA is duly
authorized by all necessary corporate, company or partnership proceedings and (ii) REA is a valid
and subsisting corporation duly formed under the laws of its state of formation and is duly qualified
to do business in this state.
24.4. No Oral Modification. This Agreement may only be modified in writing, executed by the
parties to this Agreement.
24.5. Binding on Successors. The parties hereto agree%that, "ekeept as otherwise specified, all of
the provisions hereof shall bind and inure to the benefit"of, and,,,,'shall be binding on, the parties
hereto, and their respective heirs, legal representatives, successors ,�und assigns; provided, that
County shall not be deemed to have assumed any,personal liability toa"�Transferee for a Transfer
to which County has not consented.
24.6. Governing; Law. The law
performance and enforcement of tl
Any action brought to enforce its
County and no other venue.
24.7. Additiona
or instruments as
Agreement.
24.8.
in this
al
date first
'irginia shall govern the validity,
to its conflicts of law provisions.
e Circuit Court for Chesterfield
of the parties agrees that it,will'eXecute such other documents
to carry,out',and effectuate the purpose and terms of this
and referred to herein are incorporated
and REA have duly executed this Agreement as of the
29
COUNTY OF CHESTERFIELD, VIRGINIA
Name:
Title:
RICHMOND;, EXECUTIVE AVIATION, LLC
Title:
0623:113498
30
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 2
I AGENDA
Meeting Date: November 14, 2018 Item Number: 17.A.
I
Subject:
Public Hearing to Consider Amendments to County Code § 9-27 Relating to
Applications for Real Estate Tax Relief by the Disabled and Elderly
County Administrator's Comments:
County Administrator:
Board Action Requested:
Following a public hearing, the Board is requested to amend § 9-27 of the
County Code relating to applications for real estate tax relief by the
disabled and elderly.
Summary of Information:
On October 24, 2018, the Board set a public hearing to consider the proposed
amendments.
The County Code provides certain exemptions from real estate taxation for
qualifying taxpayers who are either over the age of 65 or disabled. Taxpayers
must apply for an exemption with the Commissioner of the Revenue each tax
year by filing an affidavit or written statement setting forth information
regarding the applicant's net worth and income. To ease the administrative
burden on the taxpayer, the Commissioner of the Revenue is recommending two
changes. Neither change is expected to have any financial impact on the
County's revenue.
The first proposed amendment is that, in lieu of the annual affidavit or
written statement regarding net worth and income, the taxpayer will make
such filing every three years, and will file an annual certification during
Preparer: Jenefer Hughes
Title: Commissioner of the Revenue
Attachments: 0 Yes No
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of 2
AGENDA
Summary of Information: (Continued)
each of the intervening two years certifying that the taxpayer remains
eligible for the exemption under the net worth and income criteria. The
Code of Virginia specifically permits the County to adopt this certification
program.
The second proposed amendment relates to the deadlines for filing an
exemption request with the Commissioner of the Revenue. Currently, the
affidavit or written statement must be filed by April 1 of the year for which
the relief is requested, but may be made as late as December 31 of that year
when the taxpayer is either (i) a first-time applicant or (ii) has suffered
some hardship that prevented the taxpayer from applying by April 1. The
change would allow taxpayers who are applying for the exemption for the first
time or who have suffered hardship preventing their timely filing an
additional twelve months, until December 31 of the following year, to make
the filing.
Staff recommends adoption of the attached ordinance amendments after a public
hearing.
3228:113466.1
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
SECTION 9-27 RELATING TO APPLICATIONS
FOR REAL ESTATE TAX RELIEF
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 9-27 of the Code of the County o Chesterfield, 1997, as amended, is amended
to read as follows:
Sec. 9-27. Procedure for claiming exemption.
(a) Anyone claiming an exemption shall file annually with the commissioner of the
revenue, on forms to be supplied by the county, an affidavit or written statement setting
forth all information required by Code of Virginia, § 58.1-3213, and all other
information required by the commissioner of the revenue to determine qualification for
the exemption. Once a taxpayer is determined to qualify for the exemption, the
commissioner may allow the taxpayer, in lieu of filing a complete affidavit or written
statement annually, to file the affidavit or written statement on a three-year cycle, with
an annual certification that no information contained on the last preceding affidavit or
written statement filed has changed such as to violate the limitations and conditions as
provided for in Section 9-25 of the Code of the County of Chesterfield. The
commissioner of the revenue may also make further inquiry of persons seeking the
exemption, as may be reasonably necessary, including requiring answers under oath,
and production of certified tax returns to determine qualification for the exemption.
The affidavit or written statement, or an annual certification, shall be filed not later than
April 1 of each year, but the application may be filed as late as December 31 of each
year by first-time applicants or in cases of hardship as determined by the commissioner.
If a person claiming an exemption is under 65 years of age, the application must include
either:
(1) A certification by the Social Security Administration, the Veterans' Administration
or the Railroad Retirement Board; or
(2) If such person is not eligible for certification by any of these agencies, a sworn
affidavit by two medical doctors licensed to practice medicine in the
commonwealth, stating that such person is permanently and totally disabled. The
affidavit of at least one of the doctors must be based upon the doctor's physical
examination of the person. The affidavit of one of the doctors may be based upon
medical information that is relevant to the standards for determining permanent and
total disability that is contained in the records of the civil service commissioner.
(b) The exemption may be granted for any year following the date that the applicant
reached the age of 65 years. A change in income, financial worth, ownership of
property or other factors occurring during the tax year for which an affidavit or written
statement is filed which causes the applicant to exceed or violate the limitations or
conditions shall void any exemption for the following tax year. The exemption for the
tax year during which the change occurred shall be prorated, with the prorated portion
determined by multiplying the exemption amount by the product of the number of
complete months of the year such property was properly eligible for such exemption
divided by 12.
(c) If a person who has been granted an exemption for a tax year, sells his sole residence
and purchases another sole residence, that person will have the exemption applied to
the purchased residence for the prorated portion of the tax year during which he owns
the purchased residence, calculated in the same manner as provided in (b) above, but
only if the person otherwise continues to qualify in all respects under the provisions of
this division.
(2) That this ordinance shall become effective January 1, 2019.
3228:113466.1
Ricbmab &MCS-3ispatIrb
Advertising Affidavit
300 E. Franklin Street
Richmond, Virginia 23219
(804)649-6208
COUNTY OF CHESTERFIELD
BOARD OF SUPERVISORS
P.O. BOX 40
9901 LORI RD.
CHESTERFIELD, VA 23832
Account Number
3005440
IDate
November 07, 2018
Date Category Description Ad Size Total Cost
11/07/2018 Meetings and Events TAKE NOTICE Take notice that the Board of Supervisors of Ch 2 x 21 L 211.20
TAKE NOTICE
Take notice that the Board of Supervisors of Cfrsterfmld County, Vir•
ginia, at an adjourned meeting on Wednesday, November 14, 2018, at 6
p.m, in the Carroty Public Meeting Room at the Chesterfield Administra.
tion Building, 10001 Ironbridge Road, Chesterfield, Virginia, will hold a
public hearing where persons may appear and present their views con.
ceming;
An ordinance to amend the Cpde of the_CNgn of Cheslerf ell,1997, as
amended, by amending and reenacting Section 9.21 relating to applica•
tions for real estate tax relief.
A copy of the ordinance is on file in the County Administrator's Office
and the Clerk to the Board's Office (Room 504) at the lane B, Ramsey
Admin�tration Building, 9901 Lai Road, Chesterfield, Virginia, for public
examination between the hours of 8:30 a.m. and 5;00 p.m, of each regu•
lar business day.
The hearing is held at a public facility designed to be accessible to per.
sons with disabilities, Any persons with questions on the accessibility
of the facility or the need for reasonable accommodations should con.
tact Janice Blakley, Clerk to the Board, at 748.1200. Persons needing in.
terpreter services for the deaf must notify the Clerk to the Board no lat•
or than friday, November 9,201
Publisher of the
Richmond Times -Dispatch
This is to certify that the attached TAKE NOTICE Take notice t was
published by the Richmond Times -Dispatch, Inc. in the City of
Richmond, State of Virginia, on the following dates:
10/31, 11/0712018
The First insertion being given ... 10/31/2018
Newspaper reference: 0000843934
Sworn to and subscribed before me this
Mo y..R % 2 dig
tary Public
State of Virginia
City of Richmond
My Commission expires
47 Supervisor
Janet Johnson Williams
NOTARY PUBLIC
Commonwealth of Virginia
7566416
My Commission Expires June 30, 2021
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of I
Meeting Date: November 14, 2018 Item Number: 17.B.
Subiect:
Public Hearing to Consider a Land Lease with Specialized Aviation Service
Operator Provisions with Innovation Hangar, Inc.
County Administrator:
Board Action Requested:
Staff requests the Board hold a public hearing on a land lease with
Specialized Aviation Service Operator (SASO) provisions for the construction
of a corporate airplane hangar with Innovation Hangar, Inc. (Innovation).
Summary of Information:
Innovation approached County airport management regarding the possibility of
constructing a corporate hangar to house airplanes owned by their parent
corporation, Blueprint Automation. Through these discussions, the County
learned that Innovation desired the flexibility to possibly sublease space
in their hangar. In order to sublease space, the Airport's Minimum Standards
for FBOs to Provide Aeronautical Activities to the Public requires Innovation
be designated as a SASO. Following consultation with the County Attorney, it
was determined that the SASO provisions could be incorporated with the land
lease.
Staff has reached an agreement in principle with Innovation with the
following major terms:
• 40 -year land lease at fair market value of $.3438/square foot for
construction of one (1) 10,000 square foot hangars;
0 SASO provisions allowing for potential subleasing of hangar space.
Preparer: Clay Bowles Title: Director of General Services
Attachments: 0 Yes F-1 No 400017S
DEED OF LEASE AND LEASE AGREEMENT
This Deed of Lease and Lease Agreement (hereinafter "Agreement"), dated
, 2018, is made and entered into by and between COUNTY OF
CHESTERFIELD, VIRGINIA ("County") and INNOVATION HANGAR, INC., a Virginia
Corporation ("Tenant") for land at the Chesterfield County Airport ("Airport").
WHEREAS, County has determined that Tenant meets the minimum qualifications to
operate as a Specialized Aviation Services Operator ("SASO") at the Airport, and as a part of its
SASO operations, Tenant has proposed to build one (1) aircraft hangar at the Airport;
NOW, THEREFORE, in consideration for the promises; conditions and covenants set forth
herein, the sufficiency of which both parties acknowledge; County and Tenant hereby agree as
follows:
ARTICLE 1. DE
Description of Premises. County hereby leases the
A) to Tenant, and Tenant hereby leases the Premises
using and maintaining one (1) aircraft hangar for Te
described as: North Ramp hangar pad site- 4 ("Prey
on Exhibit A.
As used in this Ag
any improvements
wishes to -cel
the Tenant Ir
the impi�ovei
with any apx
Airport Rule
review and a
go
on the property
USE OF PREMISES.
described below and in Exhibit
, for the purpose of constructing,
ons. The Premises are generally
h is more particularly described
operty described above and
the term of this Agreement.
mises � As long =as this Agreement remains in effect, the Premises and Tenant
be used for Tenant's SASO op, tations, including storage of aircraft. If Tenant
k O:arid storage of its own�aircraft;,,the County shall have the right to purchase
;ments'at depreciated value.If the County does not exercise the right to purchase
on the Premises; Tenant may continue to use the improvements in association
aeronautical -related activities it conducts at the Airport in accordance with the
Zegulations and minimum standards in effect at such time, and with the specific
al of Lessor.
2. ENTIRE AGREEMENT.
County and Tenant intend for this Agreement to supersede all prior or contemporaneous
oral or written agreements between the parties relating to the leasing the Premises.
ARTICLE 3. TERM; HOLDING OVER.
3.1. Term. The term of this lease shall commence on and shall be for a term
of forty (40) years, terminating on , 2058. At the expiration of the term, Tenant
shall have a first right of refusal to lease the Premises and improvements at fair market value and
on such commercially reasonable terms as the County determines, unless prohibited by FAA rules
or regulations.
3.2. Holding Over. At the expiration of the Term, Tenant shall surrender the Premises
pursuant to Article 22. If Tenant holds over or remains in possession of the Premises without the
written consent of County, such holding over or continued possession shall be unlawful detainer
of the Premises by Tenant. If Tenant holds over or remains in possession of the Premises with the
prior written consent of County after the expiration of the Term unless the written consent specifies
otherwise, such holding over or continued possession shall create a tenancy from month to month
only, upon the same terms and conditions as are herein set forth so far as the same are applicable.
Rent for said holdover tenancy shall be adjusted to reflect the rate; as set forth in the then -current
Rent and Fee Schedule that is in effect during the time of the holdover. If Tenant fails to surrender
the Premises in a timely manner, after notice of termination of any such month-to-month tenancy,
or upon any termination of this Agreement prior to expiration of the Term in addition to any other
liabilities to County accruing therefrom, Tenant slant indemnify and!hold County harmless from
any direct or consequential loss or liability resulting from such failure,, including, without limiting
the generality of the foregoing, any claims made by any proposed new Tenant founded on such
failure.
For the purposes of this
in the text of this Agreement, s
Affiliates of Tena
joint venture, association,
under common control wi
the terms "controlled by"
the direction of the mana;
otherw
This
Air ort. The
1
-eement, thefollowing underlined terms, not otherwise defined
have the following meaning's ascribed to them:
iy.Jndividual; limited liability company, corporation, partnership,
or unincorporat46rganization that controls, is controlled by or is
cant `and "control"of Tenant (including, with correlative meaning,
iindercommon control with") means the power to direct or cause
►t;,policies o`r,affairsofTenant or the Affiliate of Tenant, whether
es � or, ; partnersh p .`,or other ownership interests, by contract or
and Restated FBO Services and Lease Agreement.
by the FAA including experimental, fixed wing and rotor.
County Airport.
Approved Mortgage. A Leasehold Mortgage which has been approved by County pursuant
to Section 19 of this Agreement.
Approved Plans. The plans, drawings, specifications and schedule for the development,
construction, alteration, installation, restoration, rehabilitation or reconstruction of Tenant's
Improvements which have been approved by County.
Auditor. The Internal Auditor of the County.
3177
2
Board. The Board of Supervisors of the County.
County. The County of Chesterfield, Virginia, or any successor to or assignee of County's
interest in the Airport.
County's Estate. All County's right, title and interest in its fee estate in the Premises, its
reversionary interest in Tenant's Improvements located on the Premises pursuant hereto and its
interest under this Agreement.
County's Improvements. Those Improvements that are, ji,l place on the Premises as of the
date upon which possession of the Premises is delivered: to Tenant or which are thereafter
constructed or installed therein by County or at County's":expense.
Environmental Damages. All claims, judgments, damages (including punitive damages),
losses, penalties, fines, liabilities (including strict liability), encumbrances and liens, and any other
costs and expenses, resulting from the existence after the date of this agreement on or in, or release,
escape, seepage, leakage, spillage, discharge, disposal, or emission on or into` the ground, water or
air of Hazardous Materials in violation of or alleged'to be in violation of theLaws applicable
thereto, including but not limited to'ditninution in value; of"the Premises and/or Airport and any
attorneys' fees, disbursements, consultani's,fees and other'costs resulting from: (a) investigation
and defense of any alleged claim; and (b)'directive."of any Governmental Agency, whether or not
the claims or directives are ,groundless, false or fraudulent orultimately defeated; and (c) any
settlement or iudament
Event of Default":.A Default*hich continues after the giving of notice and the expiration
of the applicable opporiunity"to cure;' if any, set "fpith in Article 21.
/0
Fixed
Fuel Farm. The County -owned urea in which bulk aviation fuel is stored and the
improvements and'equipment thereon used for fuel storage and fueling operations.
Federal, State, or local agency or authority having appropriate
jurisdiction.
Hazardous Materials. (a) Any petroleum or petroleum products, flammable substances,
explosives, radioactive materials, hazardous wastes or substances, toxic wastes or substances or
any other materials or pollutants which: (i) pose a hazard to the Airport or to persons on or about
the Airport; or (ii) cause the Airport to be in violation of any Hazardous Materials Laws; (b)
asbestos in any form which is or could become friable, urea formaldehyde foam insulation,
transformers or other equipment which contain dielectric fluid containing levels of polychlorinated
biphenyls in excess of fifty (50) parts per million; (c) any chemical, material or substance defined
as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous
0) 3-
materials", "extremely hazardous waste", "restricted hazardous waste" or "toxic substances" or
words of similar import under any applicable local, state or federal law or under the regulations
adopted or publications promulgated pursuant thereto, including, but not limited to, the
Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended,
42 U.S.C. § 9601, et seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. §
1801, et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901, et
sem.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seMc .; (d) any other
chemical, material or substance, exposure to which is prohibited, limited or regulated by any
Governmental Agency or may or could pose a hazard to the health and safety of the occupants of
the Airport or the owners and/or occupants of property adjacent to, or surrounding the Airport.
Impositions. All taxes, assessments, charges, levies; fees and other governmental charges,
of any kind and nature whatsoever which shall be laid;,"assessed, levied, or imposed upon the
Premises or Improvements or any part thereof or on the business operations of Tenant.
Improvement(s). Structures, improvements, Systems, fixtures;"equipment, attachments to
Structures and construction of any kind on the Premises, whether above or below the land, whether
or not owned by Tenant, including but not limited to;;buildings;�outbuildings, walls, ceilings, roofs,
sewers, electrical and gas distribution facilities, parking facilities, pavings and,hard surfaces,
walkways, curbs, gutters, lights, fenoes, _landscapingplaniings, poles, signs, aircraft hangar,
aircraft ramp, and any other improvementslof any type orkind,, including Tenant's Improvements;
and including any improvements on property adjacent to the Premises which is designed for use
in connection with the use of the Premises and alhreplacemerit§,reconstructions or restorations
thereof.
Insurance Requirements. All ;terms of any;insurance policy covering or applicable to the
Premises or the Improvements, orapy part there' of, all requirements imposed by the issuer of any
such policy, and,, a11,orders, rules, regulations and other requirements of the National Board of Fire
Underwriters���(or�fany,,.,other body exercising,,similar functions) applicable to or affecting the
Premises,,or'the Improvements, or.,,any part thereof, or any use or condition of the Premises or the
Improvements, or any partiliereof.`",,,; ;
Law/Larws. All presentand future applicable laws, ordinances, rules, regulations or orders
of any and all Governmental Agencies regulating the conduct of or having jurisdiction over the
use and occupancy of Premises. ;11
Major Decisions: =.Alf' actions, decisions and agreements of Tenant regarding the
development, construction; management, operation, leasing, sale, transfer, financing,
encumbrance or other disposition or use of the interests, rights and ownership of Tenant under this
Agreement and Tenant's compliance with its obligations hereunder.
Minimum Standards. County's written policy, as amended from time to time at the sole
discretion of the County, establishing the minimum standards for conducting business at the
Airport, a copy of which is available from County upon request.
4
Other Leaseholds. Those premises within the Airport other than the Premises leased to and
in the possession of other tenants under agreement from County.
Person. Any person, firm, partnership, association, corporation, company or organization
of any kind.
Removable Trade Fixtures. All moveable personal property of Tenant reasonably required
for the administration of Tenant's business on and with respect to the Premises, that are not
permanently affixed to the Structures, including but not limited to business and financial records,
and articles, movable desks, chairs, lighting equipment, cabinets, shelves, racks, signs, displays,
counters and mirrors, and similar items which can be moved without releases of attachments to the
walls, ceilings or floors and which can be moved without damage,to the Premises. Notwithstanding
the foregoing sentence, Removable Trade Fixtures shall not 'include (without limitation) any
Structure, landscaping, Systems or other systems or devices' .incorporated into, attached to or
reasonably necessary for the use and operation of the,,''Premises.'
Rules and Regulations. The County's
practices at the Airport for tenants/customers
discretion of the County.
Structure(s). Any structural
the real property of the Premises wh
for human occupancy or use, the sto
or which requires the issuance of a l
pursuant to the app
exclude, without lim
Sublease. Sub
other than Tenant is g
or otherwise , erijoy 'A,
enterprise or activity 1
The
rules and regulations governing acceptable
as amended from: time -to at the sole
zprovement, fixture or equipment permanently attached to
L is'enclosed by exterior,walls, floor and roof and is designed
geof mat' als, the coed ctrwithin of activities and business
ilding'xPermit; certificate ofuse or occupancy for such space
and safety laws�.'rules and regulations. "Structure" shall
icles. kiosks<aridother'similar items.
ions, licenses, and any other like agreement in which a party
itted,the right; privilege or license to use, occupy, enter upon
any port on orI' cility thereof, or to conduct any business,
contracts pursuant to a Sublease.
Systems.�'The heating, air conditioning, ventilating, mechanical, utility, plumbing,
electrical, alarm, crnmunicatiorr and other systems incorporated into or used with the
Improvements or usedlb useful in'�the convenient operation of the Premises.
Tenant's Estate. All , of Tenant's right, title and interest in its leasehold estate in the
Premises, its fee estate, if any, in Tenant's Improvements located within the Premises, and its rights
and interests under this Agreement.
Tenant's Improvements. Those Improvements in place at any given time on the Premises
that were constructed or installed by Tenant or at Tenant's expense. Tenant's Improvements
include, without limitation, aircraft hangars, aircraft ramps, automobile parking areas, landscaping
and equipment pertinent to such items.
Tenant's Parties. Tenant, Affiliates of Tenant, Subtenants, licensees, concessionaires, and
other occupants of the Premises, and all of their respective agents, contractors, operators,
employees, invitees, customers and patrons.
ARTICLE 5. TENANT'S OBLIGATIONS.
5.1. For the term of this Agreement, Tenant shall provide, and shall hold applicable
certifications to provide, the following services to the reasonable satisfaction of the County unless
the parties agree otherwise in writing:
(a) Hangar storage of aircraft.
5.2. Tenant shall maintain, clean (to include janitorial`fumetions) and operate at Tenant's sole
expense the interior and exterior of all Tenant Improvements, reasonably acceptable to the County.
5.3. Tenant shall pay for all utilities to support=its use of Tenant Improvements, including water,
sewer, television, Internet/WIFI, telephone, gas,and electric utility charges and fees for the
Premises.
5.4. Tenant shall provide trash collection services for ihe4ienant Improvements, to include the
collection dumpster.
5.5. Tenant shall provide„ effective snow rernovat, at the Airport in the areas immediately
surrounding the TenantTinproVements (sidewalks,
staff,
parking spaces, etc.) in accordance with
the County's snow removal plariY
5.6. Tenant shall pays the, total cost; of any ramp and taxiway construction to connect to existing
ramp surface, necessitated by,the, construction of Tenant Improvements.
5.7. Tenant shal 'perform all obligations contained herein at its own expense.
5.8. Tenant shall deal k.good faith with County.
5.9 Tenant"shall use Tenant°Improvern6nts only for aviation related purposes.
5.10. Tenant shall :provide data/information, at the County's request, to support grant requests
for Airport improvements projects and other County projects/initiatives.
5.11. Tenant shall provide„reimbursement for the repair or replacement of any County asset if
damaged through negligent actions.
5.12. If installed, provide maintenance of landscaping along perimeter of offices/hangar, to
include irrigation system.
ARTICLE 6. OBLIGATIONS AND WARRANTIES OF COUNTY.
6
6.1. County shall ensure that any of its subcontractors, vendors and other providers of
commercial aviation services who are permitted to operate at the Airport are obligated to comply
with the applicable Minimum Standards and Rules and Regulations of the Airport.
6.2. County shall deal in good faith with Tenant.
6.3. County covenants that it is seized of the Premises in fee simple and has full right to make
and enter into this lease.
6.4 County shall provide at its expense all electric, water and sewer utilities at the Airport not
required to be provided by Tenant or others.
6.5 County shall maintain exteriors, ceilings, perp azient light fixtures, plumbing, air
conditioning and ventilating units, heating units, electri6**,,,units,, hangar door motors and cables
and all other structural components, water and sewer services;` fixtures, windows, doors and all
other building fixtures and structures at the Airport'16rminal building; at County owned hangars.
6.6 County shall provide at its expense grass mowing and shrubbery, maintenance, not to
include irrigation systems that may be part of Tenant -owned buildings.
6.7 County shall provide at its expense and sul
County's sole discretion, grant requ6ks.forAirport i
6.8 County shall act as the liaison with
maintenance and installation of existing arid`;:
replacement of navigationaT:faeilities shall 'b
ait,; as. County deems necessary and at the
proVements projects.
inia Department of Aviation regarding the
rigational facilities. Improvements to and/or
il&`discretion�of the County.
as County deems necessary, runway, taxi-
oach lighting.
,rove as County deems necessary all roads
airport, and ramps, taxi -ways and runways.
ARTICLE 7. RENT.
7.1. Annual Rent Beginning the first month following execution of this agreement, Tenant
shall pay to County $.3438, per square foot of hangar space constructed on the Premises annually
for the first year of this Agreement. Commencing on the Ise day of following
the Commencement Date and each 1S` day of thereafter, the rent shall be increased
by a percentage equal to the percentage increase, if any, in the CPI -U, U.S. City Average, all items
(1982-84 = 100) on the last day of the most recent lease year from the last day of the prior lease
year. Fees shall be remitted to the County no later than the 5t' business day of each month.
7.2. Audits.
(a) Tenant's records, which shall include but not be limited to accounting records,
written policies and procedures, subcontract files (including proposals of successful and
unsuccessful bidders), payroll records, original estimates, estimating worksheets, correspondence,
0
change order files (including documentation covering negotiated settlements), and any other
supporting evidence necessary to substantiate charges related to this Agreement (all the foregoing
hereinafter referred to as "records") shall be open to inspection and subject to audit and/or
reproduction, during normal working hours, by County's agent or its authorized representative to
the extent necessary to adequately permit evaluation and verification of any invoices, payments or
claims submitted by Tenant or any of his payees pursuant to this Agreement. Such records subject
to examination shall include those records necessary to evaluate and verify direct and indirect costs
(including overhead allocations) as they may apply to costs associated with this Agreement. Such
records shall include but not be limited to monthly print-outs of all leased, hangared and tie -down
aircraft identified by owner name, aircraft type and federal registration number.
(b) Tenant shall maintain and retain reco
Virginia's record retention schedules for localities.
(c) County's agent or its authorized
Tenant's facilities, shall have reasonable access_
adequate and appropriate work space, in order to
(d) Unless County otherwise agrees, I
agents, and material suppliers to comply with the
requirements hereof in a written con ra'4*reem,
with the Library of
have reasonable access to
necessary records, and shall be provided
t audits in compliance with this paragraph.
shall reduire all subcontractors, insurance
3ions.ofthis paragraph"b' ,insertion of the
;ween Tenant and payee.
7.3. Board of Supervisors Approval/Non-appropriation. This Agreement is subject to approval
by the Chesterfield County Board of Supervisors County's obligation to expend any funds
pursuant to the terms, conditions,and provisions of this, Agreementbeyond June 30th of each year
is subject to appropriation by the; Chesterfield:;;County "Board,,of'Supervisors. County reserves the
right to seek Fed6f , , Aviation `.Administration` review of this Agreement prior to the
Commencement Date.
7.4. Rent arid'�'.Fee. Adiustinents:, Rentsand ,fees during the Term shall be reviewed and may,
upon muCual'agree ment�be, adju`sted,on each"five (5), year anniversary of the Commencement Date
to ensure %that the structure 'of this Agreement makes services available to the public at rates which
1,111,
make the airport as self-sustaining aspossible under the circumstances.
7.5. Late Fees: Rent shall be payable in advance by the fifth business day of each month, with
the first month of rerit,payable on,' ,: If any rent or other money payable
to County under this Agreement is not paid by the tenth (10th) day after due, a late fee of five
percent (5%) of the amount, due and unpaid (or $25.00, whichever amount is greater) shall be
added to the amount due, dfi such total sum shall be due and payable to County as of the date the
original amount was due. An additional late fee in the same amount shall be added for each thirty
(30) day period following imposition of the initial late fee until such total sum is paid. The amount
and structure of late fees imposed by this Section are subject to automatic change and adjustment,
without prior notice to Tenant hereunder, concurrently with any change and adjustment to the late
fee provision set forth in the Rent and Fee Schedule.
ARTICLE 8. COUNTY'S RESERVATION OF RIGHTS.
8.1. Regarding the Airport. County reserves the right to take the following actions regarding
the Airport in its sole and absolute discretion and without Tenant's consent: (i) to change the name
of the Airport, the configuration, shape, size, location, number and extent of the various Other
Leaseholds and the Airport, and to eliminate or add any other leaseholds to any portion of the
Airport; (ii) to create any covenants, restrictions, easements or rights of way on or over the Airport
determined to be necessary or desirable by County in connection with the operation of the Airport
(or which are created, imposed or required by any Governmental Agency in connection with the
operation of the Airport); (iii) to make or permit changes to the Airport or any part thereof,
including, without limitation, additions, removals, rearrangements, alterations, modifications or
supplements to the building areas, walkways, parking areas, runways or other areas in the Airport
outside the Premises: (iv) to construct, or permit to be constructed other Structures, buildings,
systems, equipment or other Improvements in the Airport; outside of the Premises; (v) to make
alterations thereof or additions thereto and to build addiforialstories on any buildings; and (vi) to
close temporarily any areas of the Airport, includin&runways, for' maintenance purposes or (in the
opinion of County) to maintain security, safety or =,decorum, or the `accrual of any rights of any
person or of the public to the properties and ;lands owned by County, at the Airport; provided
however if any such actions by the County terminate or materially restrict Tenant's ability to use
the Airport as a SASO and a base for its flight operations for`;the remainder,of the term, Tenant
may on ninety (90) days notice terminate this Agieernent and"within thirty (30) days after such
termination the County shall purchase the; Tenant Improvements from Tenant at depreciated value
and pay Tenant purchase price..
8.2. Right to Enter the Premises. County,reserves`the right, `after reasonable notice to Tenant,
to enter the Premises atreasoriable times totmake periodic;,inspections of the Improvements and
the use and operations' of the Premises, to maintain' the security and good public order of the
Airport, to respond to,� emergencleIs and to maintain and repair, remove or replace, add to or
generally improve any County owned Improvements, equipment or facilities, provided, however
that entry shall =not unreasonably interfere with Tenant's beneficial use of the Premises excepting
temporary'iriterference in the event of emergency. Tenant's Improvements shall be designed and
constructed to allow for entry by� County for the `purposes set forth in this Section. In addition,
County an' Jts authorized representatives may enter the Premises at anytime during business hours
for the purpose of exhibiting tle, Premisesao prospective Tenants. Tenant shall permit County or
any person authorized by County,to entef,,upon the Premises and make any necessary repairs to
the Premises andiot perform any .work therein that County, in its sole discretion, might deem
necessary to prevent ;waste or deterioration or to enhance or preserve the Airport. No exercise by
County of these reserved fights shall entitle Tenant to any damage for any injury or inconvenience
occasioned by the exercise", o'f such rights; provided, however, that County shall repair any damage
or unreasonable disturbance'to the Premises resulting from the exercise of these reserved rights.
8.3. Utility Easements. Tenant shall permit County or authorized public utility company to run
gas, water, sewer, electric or telephone conductors, pipes, conduits or ductwork where necessary
over, under or through the Premises in a manner which will not unreasonably interfere with the
Improvements and/or Tenant's use of the Premises. Moreover, County reserves to itself the use of
any County -owned equipment, machinery, connections, pipes, ducts, conduits and wires that may
currently lead to, over and through the Premises and that serve other parts of the Airport, all in a
101 -10 �J1
manner and in locations which will not unreasonably interfere with Tenant's use of the
Improvements and/or the Premises.
8.4. Count, aRegulator. Tenant acknowledges and agrees that neither this Agreement nor any
other agreement with County shall bind County in its regulatory capacity and that nothing
contained herein is an agreement of County to issue or grant to Tenant any permit or approval
required by Law.
ARTICLE 9. TENANT IMPROVEMENTS.
9.1. New Hangar Construction. As consideration for..this Agreement, within twelve (12)
months of the Commencement Date, Tenant, at its sole cost and expense, shall submit a request
for site plan approval for the construction of one (1)<10;000"square-foot hangar, and thereafter
diligently pursue construction of said hangar (`New, Hangar" )" Final siting of the New Hangar
on/within the designated pad site shall be approved'bv'the County. Tenant shall be responsible for
all New Hangar construction and development related fees and a proportionate or per square foot
share of the costs associated with required storm ,water basin
storm water nutrient credits. Tenant's share of storinwater related
square foot of hangar constructed. If Tenant fails to�submifthe
as required above or fails to comp:
site plan approval, then the term of
if the New Hangar construction cE
shall not be in default and shall be
plan approval or completet-construc
"Event of Force Majeure" means,'i
but only if and to the eXt eiit that (i) `
cannot be prevented, avoided or r
adversely affebt&the, ability of,Ten
has takeri'all reasonable;nrecaution
the effdctof such
the consequence;
9.2. Other Itnt
the Premises dur'.
expiration of the
hereof.
t of the
shall ter'
ted due
of the;New
infrastructure improvements and
costs shallinot exceed $1.02 per
request for the'<site plan approval
Hangar by the first anniversary of
;e. Notwithstanding the foregoing,
Event of Force Majeure, Tenant
eto submit the request for the site
the°purpose of this Agreement, an
the reasonable control of Tenant,
ich circumstance, despite the exercise of reasonable diligence,
noved by Tenant; and (ii) such circumstance materially and
it to;perform its, obligations under this Agreement, and Tenant
due care.ard reasonable alternative measures in order to avoid
o perform its;6bligations under this Agreement and to mitigate
-nts. Ownership of the Premises, including Tenant Improvements made to
Term shall revert to County, without any reimbursement to Tenant, upon
or uporiahe earlier termination of this Agreement pursuant to the terms
9.3. Construction of Tenant's Work. Tenant shall only design, construct, alter, install, restore,
rehabilitate or reconstruct any and all Initial Improvements, and other Improvements to the
Premises (collectively referred to as "Tenant's Work"), in accordance with the following terms and
conditions of this Article.
(a) Construction Plans Costs and Schedule. Prior to commencing construction of any
of Tenant's Work, Tenant shall engage a licensed architect and/or engineer to prepare plans and
specifications depicting any and all proposed Improvements that are part of the project, and shall
thereafter:
V10JIUSIG
10
(i) Submit to County for approval: (i) preliminary drawings and materials in
the form of plans, elevations, sections, and rendered perspectives sufficient
to convey the architectural design of the proposed Improvements
("Preliminary Plans"); and (ii) a statement of estimated construction costs
for the Improvements prepared by the engaged engineer or architect.
(ii) Following County's approval of the Preliminary Plans and estimated
construction costs, Tenant shall submit to County for approval: (i) detailed
working plans and specifications which will serve as the basis of any and
all application(s) to Government Agencies for building permits to be issued
for such Improvements; (ii) a revised, statement of estimated construction
costs for the Improvements prepared bythe, engaged engineer or architect;
and (iii) a proposed schedule, .for co'nstructioncof any and all Improvements
that are part of the proposed project.
The approvals required `ofCounty pursuant to this-:S,ection shall not be
unreasonably withheld, conditioned .41: delayed. The: plans, drawings,
specifications ;and schedule for, the, construction, alteration, installation,
restoration, rehabilitation or reconstruction of Tenant's Improvements
which have been approved by Countyin accordance with this Section are
hereinafter referred&to as�i e'��"Approved,Plans."
I approval by County of plans or any other matter or thing
sponsible16r,'tlle condition of the Premises or constitute a
y County`o`the compliance of such plans or other matter
any Laws;,,;Insurance Requirements or other applicable
her�than County's own requirements that are the subject of
or constitute a�waiver of any rights and remedies that
e under this" Agreement or at law or in equity.
For the purposes ,,6f efficient and safe Airport operations, Tenant shall
coordinate, ,with the Airport Manager/designee on the status of the
construction project and timeline and obtain approvals from Airport
Manager/designee for all work that could interfere with Airport operations.
This should
'be accomplished via a single point -of -contact from the Tenant.
(b) Surety Bond. Prior to commencing construction of any of Tenant's Work, Tenant
shall furnish to County a surety bond in the amount of the total estimated construction costs of the
subject Improvements. The terms of the surety bond shall be acceptable to County in its
commercially reasonable discretion. In lieu of the above surety bond, Tenant may provide some
other instrument satisfactory to County or cash deposit which shall guarantee to County completion
of the subject Improvements.
11
(c) Construction of Improvements. Tenant shall cause the work described in such
Approved Plans to be performed, at its sole cost and expense, in a diligent manner by a licensed
general contractor and in compliance with all applicable Laws, Governmental Agency
requirements and Insurance Requirements and the standards set forth in this Agreement, without
interference with or disruption to the operations of County, any other tenants or the Airport. Tenant
warrants and represents that all design and construction for Tenant's Work shall conform with all
Laws and the construction and architectural standards established or adopted by County for the
Airport, as may be amended fi•om time to time, and shall meet all of the requirements contained in
this Agreement and either shall have been approved by or shall be in accordance with the standards
and requirements of Tenant's (and, if applicable, County's) lender and fire insurance carrier prior
to the commencement of construction.
ARTICLE 10.
10.1. No Liens. Tenant shall do all things necess(
other lien against the Airport, the Premises or, any, p
or materials supplied or claimed to have been suppli
reason of a failure to pay any Impositions which are
of any Tenant's Work, Tenant shall„ cause each
performs any of Tenant's Work to fiirnish;County w
content satisfactory to County) promp , y'upon,,com
lien shall at any time be filed against the`Airport�or 1
either cause the lien to be.discharged of record wtl
filing of the lien or, if Tenant ;in Jts discretion„and it
be contested within such'time pc'
required, in County's ;reasonable
Airport, the Premises or zany par
insure over,the<Iien,during ti*,
lien within suchthir'ty (30) cale'nc
such inaction shall constitute a Di
remedy'of_County resultingfrom
ten (10) additional days after=rec(
obligated to, discharge the lien eil
discharge of such lien by givin€
necessary by County:
ARTI
to prevent the ,filing of any mechanics' or
thereof by reason.of work, labor, services
to Tenant or any of Tenant's Parties, or by
juired; to,,be paid. During the construction
tactor;'subcontractor"Of�,supplier which
n unconditional lien waiver (in form and
on,:of,such party's services. If any such
'remises or any part thereof, Tenant shall
hirty (A);,calendar days after the date of
ad faith determines that such lien should
Tenant hall furnish, suchsecurity as may be necessary or
ment, to prevent any foreclosure proceedings against the
•eof and to, permit a reputable title insurance company to
cy'of such 'cointest. If Tenant shall fail to discharge such
day period or fail`to furnish such security within such period,
alt undersi A*reement and, in addition to any other right or
,1i Default, if Tenant fails to take either of such actions within
of Co.unty's notice of Default, County may, but shall not be
r by paying the amount claimed to be due or by procuring the
-curity or in such other manner as is, or may be, deemed
AND POSSESSION; QUIET ENJOYMENT.
11.1. Tenant's Permitted Uses. The Premises shall be used solely for the purposes described
herein and shall not be used for any other purpose or business (hereinafter referred to as "Unrelated
Business") without the prior written consent of County. Authorization for any other approved use
shall be null and void if not exercised within six (6) months after being granted. Tenant shall use
the Premises in accordance with the following terms, conditions, and standards:
(a) Tenant shall comply with the Minimum Standards, Airport Rules and Regulations
and any other operating requirements promulgated by County, applicable to each of Tenant's
12
activities at the Airport. In the event that the provisions of this Agreement directly conflict with
the Minimum Standards or Airport Rules and Regulations, the more restrictive provision shall
control unless otherwise agreed in writing by County. Tenant shall fully and cooperatively comply
with all ramp operational procedures promulgated by Airport management. Tenant acknowledges
it review and acceptance of these requirements.
(b) Tenant shall not perform or suffer others to perform or conduct any activity or
operate any business that contaminates any portion of the Airport or disposes or releases any
waste, contamination, or Hazardous Materials onto, into or underneath any portion of the Premises
or Airport.
(c) Tenant shall properly collect, store and dispose of used oil and other Hazardous
Materials generated on the Premises in accordance with"applicable Laws and regulations.
(d) Tenant shall timely remit all expenses and payments "in connection with the use of
the Premises and the rights and privileges herein""granted, including Impositions, taxes, permit fees,
license fees, and assessment lawfully levied or assessed upon the Premises or, property at any time
situated therein and thereon.
(e) Tenant shall comply with all Laws, rules; arid regulations which may apply to the
conduct of the business contemplated, ,including rules and -;regulations promulgated by County,
and Tenant shall maintain in effect and "post in—',A'prominent place all necessary and/or required
licenses or permits.
(f) Tenant:°shall provide'"and keep eurrent,in the Airport Manager's office a list of key
employees and their telephone numbers for emergency contact purposes.
proyide'th& Airport Manager and thereafter maintain a listing of all
in Tenant's custody under some agreement with its owner.
(h)� Tenant shall",riot erect :or display, or permit to be erected or displayed, on the
Airport or to, the exterior of the:'buildings� on the Premises, any signs or advertising matter of any
kind without obtaining the prioi,�written consent of County and applicable governmental review
and approvals. `
11.2. Non -Exclusive "UJ e of"A'irport Facilities. Tenant and Tenant's parties shall have the
nonexclusive right to the' use of the runways and taxiways of the Airport including without
limitation the, fuel farm, the terminal building and other aviation amenities and facilities, public
waiting rooms, restrooms, and other public places in the Airport, the roadways and landing aids,
and other public facilities to the extent provided by County but subject to any and all reasonable
conditions imposed by County designed to ensure safe and equitable access and use of the Airport
by the public and all other tenants located at the Airport.
11.3. Quiet Enjoyment. County agrees that Tenant, upon paying the rents and performing the
covenants and conditions of this Agreement, may quietly have, hold and enjoy the Premises during
the Term, if any, without hindrance by County or by anyone claiming by, through or under County,
13
subject, however, to any mortgages, easements, restrictions, reservations of rights, and
encumbrances to which this Agreement is now or hereafter becomes subordinate or subject to, to
the extent expressly set forth in this Agreement.
ARTICLE 12. COMPLIANCE; COOPERATION.
12.1. Compliance with Laws and Insurance Requirements. Tenant covenants and agrees not to
violate or permit the violation of, and at its expense shall comply or cause to be complied with, all
Laws, regulations and Insurance Requirements, and Tenant shall, at its sole expense, procure all
licenses, permits or other authorizations required in order to lawfully and properly use, as a portion
of the Airport, the Premises in the manner authorized, ,:required and contemplated by this
Agreement.
12.2. Cooperation with other
cooperate with all other tenants operating at the,,A
avoid unreasonable interference with the use and:c
its discretion, adjust and determine any difference
other tenants. Upon written notice by County to Te
faithfully and comply with generally, applicable
procedures governing the decorum
occupants, visitors and patrons of
established by the various departn
having jurisdiction over such matter
Airport
id"Regulations. Tenant shall reasonably
rt and shall conduct its operations so as to
-ration of Other Leaseholds. County may, at
r conflict that may ar"is'e',k,between Tenant and
int, Tenant and Tenant's Parties shall observe
ulesand regulations, day=to-day operating
and ;the health, safety and welfare of the
may fro`in time to time be promulgated or
es of County. State and Federal authorities
13.1. Payment by Tenant; indemnification. While the Agreement remains in effect, Tenant
shall: (a) arrange`for and paya'ny and all initial utility,.deposits and fees, connection and metering
costs, and<::(b) ariange for and pay`all monthly service charges for electricity, gas, telephone,
water ah&'sewage, and anyrother utility services" fi rmished to the Premises and the Improvements
thereon. Tenant shall defend; inderrinufy and hold County harmless against any liability, charges,
costs or expenses (including bzt not limited.,to reasonable attorneys' fees) on account thereof. In
case any such utility charges are not paid by Tenant when due, County (without limitation on any
of its other rights or;remedies f6, :Tenant's Default) may pay the utility charges to the utility
company or department furnishing:
liabilities, losses, judgments, lawsuits, causes of action, obligations, debts, demands, damages,
penalties, claims, costs, charges and expenses, including reasonable attorneys' fees (collectively
referred to as "Claim"), which may be imposed or incurred or asserted (whether real or claimed)
against County or the Indemnified Parties by reason of any act or omission of Tenant in the
performance of this Agreement.
14.2. General Insurance Provided by Tenant. [Subject to Risk Management Review]Tenant
shall purchase and maintain in force throughout the term of this Agreement, and all extensions of
this Agreement, such insurance as will protect Tenant and County fiom claims which may arise
out of or result from the execution of the services performed pursuant to this Agreement, whether
such services be performed by Tenant's officers, employees, agents, subcontractors, or by anyone
for whose acts anyone of them may be liable. At a minimum Tenant shall carry the following
insurance coverage:
Workers Compensation - VA Statutory Limits
Employers Liability - $100,000 each
$100,000 disease, each employee
$500,000 disease, policy limit
Automobile Liability — owned, non
$1 million combined single limit for
Aircraft Liability —
Combined liability coverage for bodily injury and:property damage of $5 million per occurrence
Products/Completed Operations subject to an Aggregate limit of million (Piston/Aircraft)/$5
million (Turbine Aircraft)�`�,,
Hangar Keeper's` Liability (As mentioned a
$4 milliori'each aircraff;$,10 million=each o
The insurance, specified above" 'shall apply, as primary and non-contributory with respect to any
other insurance' or self- insurance,:programs',"afforded the County of Chesterfield.
The Airport Liability ,insurance:'shall be endorsed to add Chesterfield County as an additional
insured. This policy' °§,hall be, endorsed to be primary with respect to the additional insured
insurance.
At the time of execution of this Agreement by Tenant, Tenant shall furnish County with a
Certificate of Insurance naming County as an additional insured for all coverages. During the term
of this Agreement and all extensions, Tenant shall furnish County with updated Certificates of
Insurance reflecting any and all changes to Tenant's insurance coverage including but not limited
to changes in coverage terms, coverage limits, insured risks, agents or insurers. Should any of the
coverage be canceled, the issuing company or its agent will mail thirty days written notice of such
cancellation to County.
15
14.3. Insurance Documents. Tenant agrees to provide County with the following insurance
documents. With respect to the general insurance coverage required pursuant to this Article,
Tenant shall provide County with the following documents on or before the date upon which
possession of the Premises is delivered to Tenant:
(a) Certificates of insurance for all required coverages - each certificate shall indicate
specifically the form on which the policy is written and the policy deductible.
(b) Additional insured endorsements.
(c) Waiver of subrogation endorsements (A K.A.` "Waiver of Transfer Rights of
Recovery Against Others", "Waiver of Our Right to Recover "from Others").
(d) 30 -day notice cancellation clause
(e) Loss Payee endorsements.
Thereafter, original certificates, and/or am
thereof shall be delivered to County within fifteen
of such policy. It is the responsibility of,.Tenant to
may use for the completion of this Agreernent;com
Insurance Provisions. Tenant agrees to `permit Count
policies of insurance with respect to the Premises.
naatory>>:enaorsemenis egecimg coverage
5.' days prior to the expiration of each term
,6nflrm that all subcontractors that Tenant
ly with all the terms and conditions of the
at any'teasonable time, to inspect Tenant's
14.4. Failure of Tenii ''to Obtain Insurance �ln'i'the 'event ,Tenant fails or refuses to procure or
maintain all insurance`°;required by t=his Agieerrient or fails or refuses to provide County with
required proof of the sam&4nd is in fidl. force and effect and paid for, County shall have the right,
but not the obligation, on five (5)days,,�ritten notice to Tenant, to procure and maintain such
insurance: ; A11 `prerniuins paid`by'County s11a11„be, treated as payment due County from Tenant as
of the date`
paid by County' qnd shall, accrue late fees pursuant to Section 7.5.
14.5. No Lirntation of Liability. Insurance coverage in the minimum amounts set forth herein
shall not be construed to relieve Tenant for'lability in excess of such coverage, nor shall it preclude
County from taking such other actions as are available to it under any other provisions of this
Agreement or otherwise at law or'in equity.
14.6. Adjustment of Coverage. Tenant shall notify County in writing within ten (10) days of its
determination that any aggregate insurance limit is exceeded. In such event, additional coverage
must be purchased by Tenant as directed by County. County retains the right to periodically review
and adjust the types and amounts of insurance coverage required under this Article 14 which shall
be adjusted concurrently with any adjustment to the applicable requirements prescribed by the
then -current Rent and Fee Schedule and/or by County's Risk Manager (or equivalent County
officer) in his or her reasonable discretion. In addition, Tenant acknowledges that insurance
underwriting standards and practices are subject to change, and, that, over the course of the Term,
the types or amounts of coverage provided herein may be determined for good cause to be
inadequate to insure existing or newly identified risks. Accordingly, if such conditions change,
16 Q '.. 92
County reserves the right in its reasonable discretion to modify the required amounts or types of
insurance or any other insurance requirements set forth in this Article 14 provided that Tenant shall
not be required to purchase insurance that is not commercially available.
14.7. Hazardous Materials. Tenant covenants that no Hazardous Materials shall be brought onto,
stored, used, transported or disposed of at the Premises by Tenant or any of Tenant's Parties, except
in strict compliance with all Laws controlling the presence and use of such materials. No
Hazardous Materials shall be placed into the plumbing or waste treatment systems of the Premises
except for systems designed to accept Hazardous Materials for treatment and discharge in
accordance with the Laws applicable thereto. Tenant shall, undertake special attention and
precautions to prevent the discharge or disposal of any Hazardous 'Materials in or on the Premises
and to prevent the discharge or disposal of any waste, contamination, foul substances, trash or
other offensive materials from the Premises into any portlon,`gf the Airport. Tenant shall hold
harmless, indemnify and defend County and the other,Iidemnified Parties from and against any
direct (but not indirect or consequential) Environmental Damages resulting from events occurring
on or about the Premises during the Term aris ng"'from the physicat,,,condition of the Premises
arising from the acts or omissions of Tenant osr:any of Tenant's Parties, except to the extent such
Environmental Damages arise from the willful or'negligent
Parties. Tenant covenants to
presence of Hazardous Materials in.e
County in accordance with the prow
County; and (b) the release on or into
whether or not caused or permitted
reasonably possible, including;_to
Hazardous Materials`:released;
Premises or Airport is:;caused or
beneath, on or above" the „Prer
Environmental Damages, Tenant,
the Laws applicable thereto to'`r'eti
the events' which resulted in Enti
shall take'fo remedial a,
consent of County, and
action at Tenant's, cost;
action that maybe=;necessary
Environmental Damages from
requirements of County <fron
the
the Indemnified
notify Courity:when Tenant becomes -aware of. (a) the
,n the Premises which were not previously authorized by
)ns -of.this Section�or,otherwise approved in writing by
reniises; the Airport; or the air of Hazardous Materials,
notice `shall include as much detail as
`errant, theAo-cation, type and quantity of
:istence,of Hazardous Materials on the
or Tenant releases Hazardous Materials
ses or Airpoft,. and such existence or release results in
C�Yts�sole expense;, shall promptly take all actions required by
1 the Premises and/or Airport to the condition existing prior to
Dnmental Damages. Notwithstanding the foregoing, Tenant
spect to any Environmental Damages without the prior written
ves':the.right in its sole discretion to perform any such remedial
oweverthat Tenant reserves the right to take such remedial
mply with applicable Laws or to mitigate or prevent further
erring. Tenant shall, in addition, comply with any reasonable
ie to time to implement or facilitate the enforcement or
administration of the provisionsof this Section, will certify annually, if so requested by County,
that to Tenant's knowledgeit is in compliance with all Laws applicable to Hazardous Materials,
and will cause any Sublease to contain provisions substantially the same as those in this Section
which expressly state that they are for the benefit of and may be enforced by County. Tenant's
indemnification obligation and other covenants and obligations set forth in this Section shall
survive the expiration or earlier termination of this Agreement as to events and occurrences while
this Agreement was in effect. The County agrees that it shall not attempt to hold Tenant
responsible for any Environmental Damage to the Airport property in existence at the time of the
execution of this Agreement.
17 Q 141 -VI
14.8. Stormwater Regulations. Tenant acknowledges the Premises are subject to federal
stormwater regulations (40 CFR Part 122) for aircraft maintenance shops (including aircraft
rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning
operations that occur at the Airport as defined in these regulations and, as applicable, State and
local stormwater regulations. Tenant further acknowledges that it is familiar with these stormwater
regulations; that it conducts or operates vehicle and aircraft maintenance, equipment cleaning
operations activities as defined in the stormwater regulations; and that it is aware that there are
significant penalties for submitting false information, including fines and imprisonment for
knowing violations. Airport and Tenant both acknowledge that close cooperation is necessary to
minimize costs. Tenant acknowledges and agrees that it will undertake all reasonably necessary
S ;
actions to minimize the exposure of stormwater to significant
;materials generated, stored, handles,
or otherwise used by Tenant, by adhering to County,:xequirements and "Best Management
Practices." Best Management Practices describes practices;eniployed to prevent or reduce source
water pollution, such as the construction of runoff -retention basins and replanting eroding surfaces.
The Airport will conduct annual Best Management Practice irispections to assure Tenant
compliance.
ARTICLE 15. FIXTURES
PAYMENT OF
15.1. Removable Trade Fixtures. Any�Remov
Tenant and County agrees that Tenant shalthave
Trade Fixtures whichit may hake stored 0rf,msi
Default. Nothing in>=this"Article`shall be de
Removable Trade Fixtures without the immedic
comparable or better quality, if
type of business, spec ified�in=thi
damage to' the Premises caused
other p dhial pronertvs;`All Re
Tenant must be of good
15.2. Taxes do
all taxes or fees
Fixtures, aircraft,
T
Trade Fixtures shall remain the property of
-fight to remove any and all of its Removable
in'the Premises, provided Tenant is not in
construed to permit Tenant to remove such
;placement thereof with similar property of
the Premises unsuitable for conducting the
shall, at its expense, immediately repair any
iy such Removal Trade Fixtures, signs, and
es installed in or attached to the Premises by
conditions when so installed or attached.
mentsand Fixtures. Tenant shall be responsible for prompt payment of
assessed, or imposed upon its business operation, Removable Trade
sry, ariel all other personal property in, on or upon the Premises.
16. REPAIRS AND MAINTENANCE.
16.1. Self -Help. In the event County determines that Tenant is in Default of Tenant's
performance of its maintenance obligations under this Agreement, County shall notify Tenant in
writing of such Default, describing the basis thereof. If Tenant fails to correct or cure such Default
within a reasonable time after receipt of such written notice (but in no event later than fifteen (15)
days thereafter), or if Tenant's performance of its maintenance obligations under this Section is
habitually breached by Tenant, then, upon thirty (30) days' prior written notice, County may, but
is not obligated to, enter upon the Premises and perform any work or provide any material
reasonably necessary to correct such Default, in which case Tenant shall assume all liability for
such work or material and the maintenance thereof, and shall reimburse County, as additional rent,
for all reasonable costs incurred by County in connection therewith within fifteen (1.5) days
following written demand therefor from County. If the Default or the condition of the Premises in
the reasonable opinion of County constitutes an imminent threat or danger to public safety or other
emergency that requires immediate attention, County may enter the Premises immediately after
giving Tenant such written or oral notice as shall be reasonable under the circumstances to cure
such Default or repair such condition. County shall not be required to furnish notice to any
Mortgagee prior to the exercise of its rights under this Section.
16.2. Approvals by County. For all repairs and maintenance
Agreement, Tenant shall comply with each and every condition`for
forth in this Agreement, including County's approval of Approved
Article 9, except that such Approved Plans shall not berequired.fo
the interior of the Improvements, and (b) other minor repairs forwh
exceed Twenty Five Thousand and No/100 Dollar's ($25,000.0
maintenance or Fifty Thousand and No/100 Do llars''($50,000.00) in
year (subject to adjustment from time to time by"County based on c
undertaken pursuant to this
performing Tenant's Work set
Plans therefor as required in
r: (a) non-structural repairs to
ich the estimated cost does not
0) ;°per instance of repair or
the aggregate in any calendar
hanger in the CPI).
ARTICLE 17. RECONSTRUCTION.
17.1. Damage or Destruction by Insured, Casualty. In'the event any of the Improvements are
damaged by a casualty actually covered,""by Tenant's, insuranc�e�6r a casualty which is required to
be insured against by Tenant„pursuant to Article 14 of this Agreement, unless otherwise agreed to
in writing by County, Tenant='`shall, within�a reasonable',period of time, commence and complete
the restoration, replace n'ent or rebuilding of the',Iri provement1 , ogether with such alterations and
additions, or variations",from the original plans;,�for the exterior elevations (including materials
selection and color) or thesize, bulk" d scale of the4mprovements and such alterations or changes
as are required �by then current buii"ilding`,code, §rich repair or restoration to be performed in
accordance with all pro ua ions' o"f this Agreement and'at no cost to County.
17.2. Damage or Destruction by Uninsured Casualty. In the event any of the Improvements are
damaged by a casualty not covered by Tenant's insurance and which is not required to be insured
against by Tenartypursuant to Article 14 �of this Agreement, Tenant shall promptly remove the
debris resulting froin,such casualty, take such measures as may be required to protect the integrity
of any undamaged ,Tnnprovements on a short-term basis (i.e., until a complete renovation,
reconstruction or demolition canbe accomplished), and eliminate or mitigate any immediate health
and safety hazards, andwithin`a reasonable time thereafter Tenant shall further, in accordance with
all provisions of this Agreement and at no cost to County, either: (i) repair or restore the
Improvements so damaged; (ii) erect other Improvements as may be approved by County in such
location; (iii) demolish the damaged portion of such Improvements, restore any remaining
Improvements to an architectural whole, pave or otherwise restore the area to a neat, orderly,
sanitary and attractive condition; or (iv) terminate this Agreement (if authorized pursuant to
Section 17.3) and remove all rubble and debris from the Premises. Tenant shall give written notice
to County which alternative it elects not later than the later of (i) thirty (30) days after the
occurrence of the casualty; or (ii) if Tenant submits plans for the erection of other Improvements
19 :�
under clause (ii) immediately above within 90 days of such casualty, then within 30 days after
County's approval or disapproval of such plans.
17.3. Termination Upon Substantial Damage. If Improvements having a replacement value of
seventy-five percent (75%) or more of the value of all of the Improvements on the Premises should
be destroyed by any cause, except as caused solely by the fault of Tenant, or declared unsafe or
unfit for occupancy by any authorized public authority for any reason, except as caused solely by
the fault of Tenant, either wholly or in such a degree as to substantially impair Tenant's use of the
Premises, then Tenant may elect to terminate this Agreement in lieu of such restoration,
replacement or rebuilding by delivering written notice to County of such election to terminate this
Agreement on a date not later than sixty (60) days from the date.of delivery of said notice, citing
this Section. Such notice of termination shall be deliveredto County not later than sixty (60) days
after the occurrence of the casualty, together with a bona='fide cost estimate for the anticipated costs
from an independent licensed contractor, architect ox other qualified party. Upon such termination,
Tenant shall also assign to County all insurance",'' roceeds that are ,,not.. applied by Tenant to the
repair and restoration of the Improvements as set� h hereinabove, and;,;in addition, Tenant shall
cooperate with County in obtaining such Insurance proceeds, except such proceeds as are
reasonably allocated by the insurance company t6the Removable Trade Fixtures.
17.4. Commencement of Restoration :`
destroyed, and either the provisions alloy
provisions of this Agreement allowing to
11,
this Agreement, Tenant shall, commence
Article as soon as vractieabhe Mand, shall r
17.5. Abatement of Rent. In
Article and so long as this A' gr(
discuss whether ,the, extent of
for the Pr&nises.
G] 1
-merits on the Premises shall be damaged or
tion of,'this Agreement do not apply, or the
apply buit Tenant does not elect to terminate
ns�of revairtand restoration set forth in this
ion with all due diligence.
of any; carnage, repair or restoration provided for in this
rains In effect and is not terminated, the parties agree to
e,,repair or,'xestoration justifies an abatement in the rent
18.1. Restrictions on Transfer: ' Tenant shall not sell, transfer, assign, or sublet its interest in this
Agreement otherAan to an Affiliate of Tenant that assumes the obligations of Tenant in this
agreement, withouttheprior written consent of County, which shall not be unreasonably withheld.
ARTICLE 19. LEASEHOLD MORTGAGING.
19.1. Leasehold Mortgage. Tenant shall not give, grant or enter into any Leasehold Mortgage
without County's prior written approval. Tenant covenants that all obligations to an approved
Leasehold Mortgagee shall be fully and timely paid and satisfied, and Tenant will not cause, suffer
or allow a default of Tenant's obligations under any Leasehold Mortgage.
ARTICLE 20. AIRPORT REGULATORY PROVISIONS.
20
20.1. Re ug latory Provisions. The following Governmental Agency regulatory provisions
constitute binding terms, conditions and reservations of this Agreement:
(a) Tenant, for himself, his heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant
running with the land that in the event facilities are constructed, maintained, or otherwise operated
on the property described in this Agreement for a purpose for which a United States Department
of Transportation ("DOT") program or activity is extended or for another purpose involving the
provision of similar services or benefits, Tenant shall maintain; and operate such facilities and
services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal
Regulations, DOT, Subtitle A, Office of the Secretary, Part21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation,Effectuation of Title VI of the Civil Rights
Act of 1964, and as said Regulations may be amended.
(b) Tenant, for himself, his personal
assigns, as a part of the consideration hereof;',�dt
running with the land that: (1) no person on the g
origin shall be excluded from participation in, deni
discrimination in the use of the facilities, 2 in the
under such land and the furnishing of"ser ices""the
or national origin shall be excluded from;particlpa
subject to discrimination;,,and (3) Tenant,""shall u
requirements imposedrby or`pursuant to Tit1e491
Transportation, Subtitle',�A, Ofiice',,of the Secretz
assisted Programs of the,Department,ofTransporta
Act of 1964, and as said Regulatiofi$ r ay be amen
presentatives, successors in interest, and
hereby covenant and°agree as a covenant
nds of race, color, sex`; religion or national
;hebenefits of, or be otherwise subjected to
isrruction of any improvements on, over, or
n, na�person on the grounds of race, color,
I
in, demed,the benefits of, or otherwise be
he.premisesJn compliance with all other
de"of Federal,Regulations, Department of
"Part2I'=Nondiscrimination in Federally -
i Effectuation of Title VI of the Civil Rights
(c)" That"in,the events":of breach of,,any"of the above nondiscrimination covenants,
County shall have the `r`ight:to terminate the Agreerrient and to reenter and repossess the land and
the facilities�,thereon, and hoeffeld,
,the saneas if the Agreement had never been made or issued. This
provision does not become ctive until the procedures of 49 CFR Part 21 are followed and
completed including expiration of appeal rights.
(d) Tenarit:shall furnish its accommodations and/or services on a fair, equal and not
unjustly discriminatory`basisA9,1.411 users thereof and it shall charge fair, reasonable and not
unjustly discriminatory price`s,,rfor each unit or service; provided, that Tenant may be allowed to
make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions
to volume purchasers.
(e) Noncompliance with Section 20.1(d) shall constitute a material breach thereof and,
in the event of such non-compliance, County shall have the right to terminate this Agreement and
the estate hereby created without liability therefor, or at the election of County or the United
States, either or both shall have the right to judicially enforce the provisions of Section 20.1 (d).
21
(f) Tenant shall insert the provisions of Section this 20. 1, subsections (a) through (e),
in any agreement, contract, etc., by which Tenant grants a right or privilege to any person, firm or
corporation to render accommodations and/or services to the public on the Premises herein leased.
(g) To the extent applicable, Tenant assures that it will comply withl4 CFR Part 152,
Subpart E, to ensure that no person shall on the grounds of race, creed, color, national origin, or
sex be excluded from participating in any employment activities covered in 14 CFR Part 152,
Subpart E. Tenant assures that no person shall be excluded on these grounds from participating in
or receiving the services or benefits of any program or activity covered by this subpart.
(h) County reserves the right, but shall not be obligated to Tenant, to maintain and
keep in repair the landing area of the Airport and all publicly owned facilities of the Airport,
together with the right to direct and control all activities of Tenant in this regard.
(i) Tenant agrees to comply with the notification and review requirements covered in
Part 77 of the Federal Aviation Regulations m�tlie event future construction of a building is
planned for the Premises, or in the event of any`planned modification or'alieration of any present
or future building or structure situated on the Premises.
(j) It is understood and�'ag
grant or authorize the granting of an ex
Aviation Act of 1958 (49 U.S.C. 1349a
contained shall be construed to
leaning of § 308a of the Federal
(k) There s,l eireby_:reserved t6,,County, its�,successors-and assigns, for the use and
benefit of the public, a right of flight for the passage off aircraft in the airspace above the surface
of the Premises. This public right ofBight shall include the right to cause in the airspace any noise
inherent in the operation.'of any aircraft used for navigation or flight through the airspace or
landing at,,taking off from or`operation o..n"the Airport.
(1)' Tenant, by accepting this Agreeinefif expressly agrees for itself, its successors and
assigns that�itwill not wit",the consent of County erect nor permit the erection of any structure
or object nor.,permit the growth of any tree�on the land leased hereunder above the mean sea level
elevation of more than 100 feet:; In the` event the aforesaid covenants are breached, County
reserves the right to enter upon the Premises and to remove the offending structure or object and
cut the offending tree, all of which :shall be at the expense of Tenant.
(m) Tenant, by accepting this Agreement, agrees for itself, its successors and assigns
that it will not make use of the Premises in any manner which might interfere with the landing
and taking off of aircraft from the Airport or otherwise constitute a hazard. In the event the
aforesaid covenant is breached, County reserves the right to enter upon the Premises and cause
the abatement of such interference at the expense of Tenant.
(n) This Agreement and all the provisions hereof shall be subject to whatever right the
United States Government now has or in the future may have or acquire, affecting the control,
operation, regulation and taking over of the Airport or the exclusive or nonexclusive use of the
Airport by the United States during the time of war or national, state or local emergency.
22,
20.2. Government Inclusions. This Agreement shall be subordinate to the provisions of any
existing or future agreements between County and the United States Government or other
Governmental Agency, relative to the operation or maintenance of the Airport, the execution of
which has been or will be required as a condition precedent to the granting of Government Agency
funds for the development of the Airport. County shall provide Tenant with advanced written
notice of any such provisions that could result in the substantial impairment of Tenant's authorized
use of the Premises under this Agreement. If Tenant, in its commercially reasonable judgment,
determines that any such provision will result in the substantial impairment of Tenant's authorized
use of the Premises under this Agreement, Tenant shall have the right to terminate this Agreement
on thirty (30) days written notice to County which right to terminate must be exercised no later
than thirty (30) days after Tenant's receipt of said advancednotice from County. In the event of
Tenant's termination of the Agreement pursuant to this Section, Tenant shall comply with all
requirements of Article 22. Subject to and without, liiriitation,,`oJn any of Tenant's rights under
applicable eminent domain laws, Tenant waives 4nd:.releases any aiad, all Claims against County
for loss, damage, reimbursement or liability of ariikind arising from or related to Tenant's election
to terminate the Agreement pursuant to this Section.
20.3. Federal Government Er
subordinate to the rights of the
during time of war or national
Agreement inconsistent with the
21.1. Default. The
of this Agreement:
other suiris''or charges
(b) 'Non-Monetar,
promptly any express or imp
non -monetary default,("Non-
ise. ',A11, provisions of the Agreement shall be
of America to operate the Airport or any thereof
uch rights`'shall supersede any provisions of this
;he Airport by the ,United States of America.
FITO VR
of the following shall constitute a "Default" and a breach
Tenant's failure or refusal to pay any amount of rent, or any
enant under'this Agreement when due is a monetary default
. Either party's failure or refusal to perform fully and
ant of this Agreement other than a Monetary Default is a
Default").
21.2. Notices; Opportunitjto`'Cure; Cure Periods. Following the occurrence of any Default, the
non -defaulting party may give the defaulting party a written notice specifying the nature of the
Default and the provisions of this Agreement breached ("Notice of Default") and demanding that
the defaulting party either fully cure each such Default or commence and diligently prosecute such
cure within the time period specified in the corresponding subsections below. Any Default not
cured within the allotted cure period set forth below shall be an Event of Default.
(a) For any Monetary Default, thirty (30) days after delivery of the Notice of Default.
23
(b) For any Default under Article 10 or 14 of this Agreement for failure to obtain or
provide proof of any required insurance coverage, five (5) business days after delivery of the
Notice of Default.
(c) For any other Non -Monetary Default, forty-five (45) days after delivery of the
Notice of Default; provided, however, that if the nature of said Default is such that the same cannot
reasonably be cured within said forty-five (45) day period, the defaulting party shall have such
additional time as is reasonably necessary to cure such Default, provided that at all times prior to
the expiration of said forty-five (45) day period and for the period thereafter that the Default
remains uncured, the defaulting party is exercising reasonable diligence in its efforts to cure such
Default.
21.3. Event of Default. Upon the occurrence of an.Event of Default, the non -defaulting party
may pursue all of its rights and remedies set forth in thls,,'Agreeriient; including, but not limited to,
those set forth in this Article. To the extent permuted by Virginia layY the time periods provided
in this Section for cure of Tenant's Defaults or for`surrender of the Premises shall be in lieu of (not
in addition to) any similar time periods prescribed;by Virginia law as a condition precedent to the
commencement of legal action against Tenant for possessim6f;the Premises:, ,,,
21.4. Multiple Notices of Default,,Notw;
Agreement, if during any twelve (12)'consec
to perform or comply with three (3) or�,,n
County's issuing Notices ofDefault pursuant
of Article 11; (ii) for failu`to't
reimely pay rF
repair the Premises aster
an incurable Event of DE
Default and opportunity f
in no event .shalh.,anv of
itself n
reasonable dli
and repairs that
Premises or the
shall have been
of such minor c
out of the =inc
act or omiss
Bence to cure
",,,do not mat(
rticle 5,
to the contrary set forth in this
th period, Tenant shall have failed
aterial obligations that result in
'foz violation of the use provisions
or (iii) for failure to maintain and
otices of Default shall be deemed
lithout any req ulr m"ent for the delivery of any further Notice of
NotWjt,hstanding5t e foregoing, for purposes of this Section only,
!lowing events or occurrences be deemed a Default that can be
,�:constitute"'an`,incurable Event of Default under this Section: (i) a
ndaiit,act or omission of one of Tenant's Parties other than Tenant
not consented to by Tenant), and so long as Tenant acts with
:orrect same; or (ii) minor deficiencies in providing maintenance
fy compromise the safe, sanitary and operating condition of the
ant's business or the Airport, provided that such minor deficiencies
y.(60) days of the service by County to Tenant ofNotice of Default
21.5. Bankruptcy or Insolvency Events. Notwithstanding anything to the contrary set forth in
this Agreement, any of the following events shall be deemed an incurable Event of Default without
any requirement for delivery of a Notice of Default: the entry of any decree or order for relief by
any court with respect to Tenant in any involuntary case under the Federal Bankruptcy Code or
any other applicable federal or state Law; or the appointment of or taking possession of the
Premises or any substantial part of the property of Tenant by any receiver, liquidator, assignee,
trustee or other similar official, or the ordering or winding up or liquidating of the affairs of Tenant
and the continuance of such decree or order unstayed and in effect for a period of sixty (60) days
or more (whether or not consecutive); or the commencement by Tenant of a voluntary proceeding
24
under the Federal Bankruptcy Code or any other applicable state or federal Law or consent by
Tenant to the entry of any order for relief in an involuntary case under any such Law, or consent
by Tenant to the appointment of or taking of possession by a receiver, liquidator, assignee, trustee,
sequestrator or other similar official of Tenant, or of any substantial property of any of the
foregoing, or the making by Tenant of any general assignment for the benefit of creditors; or
Tenant takes any other voluntary action related to the business of Tenant or the winding up of the
affairs of any of the foregoing.
21.6. Additional Assurances. At any time following the occurrence of a Monetary Default by
Tenant or any other Non- Monetary Default the cure for which requires the purchase of services
or tangible property, within ten (10) days from a written requ, est."by County to Tenant citing this
Section (and assuming such Default still has not been cured);Tenant shallprovide County with
current financial statements for Tenant, with evidence from Tenant that Tenant has the financial
ability to cure the Default, and assurances that Tenant'is undertaking to effect such cure and that
Tenant will continue to perform its obligations under"this Agreement. Failure to timely provide
such information and assurances may, at the election of County, be deemed an Event of Default
and a repudiation by Tenant of its obligations under this Agreement.
21.7. County's Rights and Remedies. Upon the occurrenc&:'of an Event of Default by Tenant,
County may exercise any one or maze"of;.the following' "riglits and remedies without further notice
or demand of any kind to Tenant or any-other.person, except;as required by applicable Law, and
the enumeration of such rights and rernedies herein, shall not,'Jimit County in the exercise of any
other right or remedy County,, may have oii- account of such Event of Default (provided, however,
that in the exercise of such r'ernedies County shall at all tim6s comply'with applicable State Law):
(a) Termination. The right of County to terminate this Agreement and Tenant's right
to possession and to reenter the Premises, to fake possession thereof and remove all persons
therefrom, following which Tenant`-shah„have noIfurther claim thereon. A notice given in
connection with' unlawful detain er,proceedings' specf}�ing a time within which to cure a Default
shall terminate Tenant's right to'`p6ssession ifTenant fails to cure the Default within the time
specified4ri the notice.
(b) `Re -.entry. The right of County, without terminating this Agreement, to reenter the
Premises and take'possession ofall Improvements, additions, alterations, equipment and fixtures
therein and occupy "the;��vhole orany part thereof for and on account of Tenant and to collect any
unpaid rentals and otlier'charges; which have become payable, or which may thereafter become
payable and to remove anyper`sons in possession thereof.
(c) Termination Following Re-entry. The right of County, even though it may have
reentered the Premises, to elect to terminate this Agreement and Tenant's right to possession of
the Premises.
(d) Equitable Relief. The right of County to equitable relief, including the right to
enjoin any act or omission.
25`
21.8. County's Damages. I£ County elects to terminate this Agreement as provided for in this
Agreement, County may recover from Tenant the following damages:
(a) The worth at the time of award of any unpaid rental which had been earned at the
time of such termination; plus
(b) The worth at the time of award of the amount by which the unpaid rental which
would have been earned after termination until the time of award exceeds the amount of such
rental loss Tenant proves could have been reasonably avoided; plus
(c) The late fees and interest that have
charges and fees pursuant to Section 7.5; plus
and all unpaid rent and other
(d) Any other amount necessary to; , compensate County for all the detriment
proximately caused by Tenant's failure to perf6, its obligations under;this Agreement or which
in the ordinary course of things would be likelyto;=result therefrom, including,, but not limited to,
any costs or expenses incurred by County in: (i)f6 tiaking possession of thePremises, including
reasonable attorneys'fees; (ii) maintaining or preserviiigthe",Premises after sucht' vent of Default;;
plus
(e) At County's election, such'otherai-ounts in addition to or in lieu of the foregoing
as may be permitted from time to time under,applicalile,Law.
If County reenters the Premises under the provisions above, County shall not be deemed
to have terminated this;Agreement ;�or the liabilit' of Tenant to pay any rents or other charges
thereafter accruing, or Tenant's liability, for damages under any of the provisions hereof, by any
such reentry or by any action, rn unlawful ,detainer;, or otherwise, to obtain possession of the
Premises;'Vn-less'County sha11' a e notified'�Tenant in'vvriting that it has elected to terminate this
Agreement. The service by;County o£ any notice pursuant to the unlawful detainer statutes of the
ender ofpossession pursuant to such notice shall not (unless County
State of Virginia and the surr
elects to thecontrary by a written notice,:to Tenant at the time of or subsequent service of such
notices) be deeiiied to be a termination of this Agreement. If County enters or takes possession
of the Premises, County shall hazy ; ft right, but not the obligation, to remove therefrom all or any
part of the Removable',Trade Fixtures and any other personal property located therein and to place
the same in storage at a"warehouse, all at the sole expense and risk of Tenant. Except as
may be otherwise warranted 'arid represented to the contrary by County in a written instrument for
the specific benefit of a Transferee, the consent of County to a Transfer, or to a Transfer without
the consent of County, shall not waive any Default (or Event of Default) occurring prior to such
Transfer or the entry of the Transferee upon the Premises.
21.9. Fixtures and Personal Property. Without limiting such other rights as County may have
with regard to an Event of Default by Tenant, all of Tenant's Removable Trade Fixtures and all
additions and alterations to such Removable Trade Fixtures, furniture, equipment and other
personal property, and all Improvements, additions and alterations, shall remain on the Premises
and if thereafter County regains possession of the Premises in accordance with this Agreement and
26
applicable Law County shall have the right, subject to the superior rights of any third party owners,
County's or lienholders of such property and further subject to any limitations or requirements of
applicable Law, to take the exclusive possession of same and to use or destroy the same, rent or
charge free, or, at its Renewal, to require Tenant to remove any or all of the same.
21.10. No Waiver. The waiver by the non -defaulting party of any Default under any term,
covenant or condition herein shall not be deemed to be a waiver of such term, covenant or condition
generally or of any subsequent Default under the same or any other term, covenant or condition.
The subsequent acceptance of rent or any other fee or charge hereunder by County shall not be
deemed to be a waiver of any preceding Default by Tenant,; or of any right of County to a
termination or forfeiture of the Agreement by reason of sucl�� Default, regardless of County's
knowledge of such Default at the time of acceptance of such rent, fees or charges. No term,
covenant or condition of this Agreement shall be deemed to`have been waived by County unless
such waiver is in writing and signed by County. The,'rights and',rernedies given to County in this
Article 21 shall be in addition and supplemental toall other rights or'r'emedies which County may
have under Laws then in force.
21.11. Self Help. If Tenant shall Default in theperformance.of any covenant on its part to be
t
performed by virtue of any provisions, of this Agreement, County may, at County's option, after
providing a Notice of Default and the.°expiration of any cureperiod with respect thereto as required
pursuant to the applicable provisions'of`this Agreement,' perform the covenant for the account of
Tenant, and the costs incurred by County shall;;be immediately due and payable by Tenant to
County, on demand, as additional rent. IfCounty, atanylime, is compelled top ay or elects to pay
any sum of money or do,� anyacts_which would requii e tlie�payment of any sum of money by reason
of any such Default, after` providing a Notice of Default and `=the expiration of any grace period
with respect thereto as required pursuant to the applicable provisions of this Agreement, the sum
or sums so paid or incurredby County, shall be irninediately due and payable by Tenant to County,
on demand, a&� additional resit: Atiy`,,,,a is paid ox costs incurred by County hereunder shall
accrue latefees'aursuant to Section 7.5.
21.12. Independent Ob1i atg ions. Except as otherwise expressly provided herein, this Agreement
shall continue�in full force and�effect, aridahe obligations of Tenant hereunder shall not be released,
discharged "erwise affected,� by reason, of. (a) any restriction or prevention of or interference
with any use of i�the Premises": (b) any bankruptcy, insolvency, reorganization, composition,
adjustment, dissolution, liquidation or other proceeding relating to County, or any action taken
with respect to this Agrppment,by any trustee or receiver of County with respect to this Agreement
by any trustee or receiver of':County, or by any court, in any proceeding; (c) any claim which
Tenant has or might have against County; (d) any failure on the part of County to perform or
comply with any of the terms hereof or of any other agreement with Tenant; or (e) any damage to
or destruction of the Premises or any part thereof or any Taking of the Premises or any part thereof.
Except as otherwise expressly provided in this Agreement, the obligations of Tenant shall be
independent covenants and agreements separate from and not conditioned on the covenants and
agreements of County.
ARTICLE 22. WASTE OF IMPROVEMENTS;
SURRENDER OF PREMISES; ABANDONMENT
1#� w
27
22. 1. Waste of Improvements. Tenant shall not remove any Improvements from the Premises
nor waste, destroy or modify any Improvements on the Premises except as permitted or required
by this Agreement.
22.2. Surrender of Premises. Upon any termination of this Agreement, whether by expiration of
the Term, Renewal Period (if duly exercised) or earlier termination hereunder, forfeiture,
condemnation or otherwise, Tenant shall immediately cease operating and/or doing business at the
Premises and peaceably quit and immediately surrender possession of the Premises to County,
and, subject to the rights of County to require Tenant to remove such Improvements and restore
the Premises as provided for elsewhere in this Agreemept,,�,'such surrender shall include all
Improvements, apparatus, fixtures and alterations, excepting` Removable Trade Fixtures and
Tenant's furniture, equipment and other personal property Tenant shall surrender the Premises to
County in good condition and repair, in which they:uvere re red by the provisions of this
Agreement to be kept.
If this Agreement is terminated due to ari Event of Default, County;'
shall have the right to
enter upon the Premises and to have the Premisesand the Improvements inspected at Tenant's cost
to determine whether the Premises and the Improvements havelieen properly maintained, repaired
and restored in accordance with the Adtins of this Agreement. If this Agreement shall have
terminated without County electing to ,require„Tenant to remove Improvements and restore the
Premises as provided for hereinafter, ally-Imprbvements shall be the property of County without
payment or other compensation therefor:'Tenant shall repair at'its;own expense any damage and
defacement to the Premises ,,,,,.caused bye :its removal ;,pf its” Removable Trade Fixtures.
Notwithstanding anything in th1s��Agreement to tlie,contrary;i"any Removable Trade Fixtures and
all furniture, equipment and other?;personal property which are'not removed from the Premises
upon termination of thisAAgreement; shall, at the election of County, become the property of County
and County may�thereafter either (i)`�retain�all or any,,part of the same as County's property without
payment.�therefor' to; Tenant; or�:(ii) cause-all�,oi ariy,part of the same to be removed from the
Premises and disposed' 'f;`but the"costof any sucli`removal and disposition and the cost of repairing
any damage caused by such.xemoval',slzall be borne by Tenant.
23.1. Contact
Agreement are:
[Name]
[Street Address]
[City, State, ZIP]
[Facsimile Number]
[Email Address]
E 23. NOTICES.
and facsimile number of Tenant for the purposes of this
The address and facsimile number of County for the purposes of this Agreement are:
28 `��
Airport Manager
7427 Airfield Drive
Chesterfield, Virginia 23832
(804) 271-2425 (Facsimile)
Copies of all notices or demands which are delivered to County shall also be delivered to
Office of County Attorney using the same method of delivery used to deliver said notice or demand
to County.
Either party may change its address and facsimile number for such notices by giving
written notice thereof to the other party in the manner specified';above.
23.2. Method of Delivery. Wherever in this Agreement 1t is `required or permitted that notice or
demand be given or served by either party upon the other`;='such notice or demand shall be in writing
and shall be deemed to have been duly given (a),upori the date of c'o'urier delivery thereof; (b) the
next day after delivery thereof by confirmedfac"simile transmission;,�or: (c) three Business Days
after being mailed by certified or registered maif,postage prepaid.
24.1. Relationship of the Parties.
construed as creating a partnership or
and any other party, or
Tenant or any other pat
Tenant's financial succ
24.2. Severability.
court of competent i1
the parties` hereto that if<a1
which would render the pi
then the nrouision shall ha
24. MIS
Nothing;,,contained in�;this Agreement shall be deemed or
�omt,.uenturerbetween County and Tenant or between County
to be;resporisible in any way; for the debts or obligations of
by entering i d this Agreement, is in no way guaranteeing
of this Agreement shall be determined to be void by any
`determination shall not affect any other provision of this
s shalffomain%ln' full force and effect. It is the intention of
of this Ag`r`eement is capable of two constructions, one of
and the other of which would render the provision valid,
renders it valid.
24.3. Warranty`ofAuthority. The persons executing this Agreement on behalf of Tenant hereby
represent and warrarii'that: (i)their execution of this Agreement on behalf of Tenant is duly
authorized by all necessary co*porate, company or partnership proceedings and (ii) Tenant is a
valid and subsisting corporationduly formed under the laws of its state of formation and is duly
qualified to do business in this state.
24.4. No Oral Modification. This Agreement may only be modified in writing, executed by the
parties to this Agreement.
24.5. Binding on Successors. The parties hereto agree that, except as otherwise specified, all of
the provisions hereof shall bind and inure to the benefit of, and shall be binding on, the parties
hereto, and their respective heirs, legal representatives, successors and assigns; provided, that
County shall not be deemed to have assumed any personal liability to a Transferee for a Transfer
to which County has not consented.
24.6. Governing Law. The laws of the Commonwealth of Virginia shall govern the validity,
performance and enforcement of this Agreement without regard to its conflicts of law provisions.
Any action brought to enforce its terms shall be brought in the Circuit Court for Chesterfield
County and no other venue.
24.7. Additional Documents. Each of the parties agrees that it will execute such other documents
or instruments as may be necessary to carry out and effectuate the purpose and terms of this
Agreement.
24.8. Exhibits Incorporated. The Exhibits attached
in this Agreement and are expressly made a part her,
IN WITNESS WHEREOF, County
the date first written above.
30
to herein are incorporated
have duly executed this Agreement as of
&ty
0623:113
COUNTY OF CHESTERFIELD, VIRGINIA
m
Name:
Title:
INNOVATIONMANGAR, INC.
Title:
31
1U 13`3 2 10) 7
Blueprint Automation
Innovation Hangar, Inc.
Hangar Construction and SASO Services
Chesterfield County Board of Supervisors
November 14, 2018
North Ramp Development Area
0.-
Primary Agreement Provisions
• Meet all minimum standards requirements.
• 40 -year land lease for the construction of one 10K SF hangar on North Ramp pad site 4.
• Gain site plan approval and diligently pursue construction of hangars w/in 12 months of date of
agreement.
• Comply with all Community Development related processes and obtain County approval for
architectural elements of improvements.
Estimated Financial Impact
Advertising Affidavit
300 E. Franklin Street
Richmond, Virginia 23219
(804) 649-6208
COUNTY OF CHESTERFIELD
BOARD OF SUPERVISORS
P.O. BOX 40
9901 LORI RD.
CHESTERFIELD, VA 23832
Account Number
3005440
Date_
November 07, 2018
Date Category Description Ad Size Total Cost
11/13/2018 Meetings and Events TAKE NOTICE Take notice that the Board of Supervisors of Ch 2 x 19 L 100.50
TAKE NOTICE
Take notice thatthe Board of Supervisors of Chesterfield County, Vir•
ginia, atan adjoumdmeetir0 onWednesday, November 14, 2018, at6
p.m, mtf eCounty Public Meeting Room attheChesterfieldAdministra•
tion Building, JONI Iron Bridge Road, Chesterfield, Viinia,will hold a
public hearing where persons affected may appear and present their
views concerning:
A lard lease and agreement with Innovation Hangar, Inc to
operate as a Specialized Aviation Service Operation (SASO)
at the Chester ieldCountyAirport.
If further information is desired, please contact Mr. Clay Bowles, Direc•
to of General Services, at 717414, between the hours of 890 a.m. to
Xpp,m,, Monday through friday,
The hearing is held at a public facility designed to be accessible to per.
soiis with disabilities. Any persons with questions on the accessibility
of the facility or the need for reasonable accommodations should con.
tact Janice Blakley, Clef to the Board, at 7481200, Persons needing in.
terpreter services for the deaf must notify the Clerk to the Board no lat.
erthan friday, November 9,2018,
Publisher of the
Richmond Times -Dispatch
This is to certify that the attached TAKE NOTICE Take notice t was
published by the Richmond Times -Dispatch, Inc. in the City of
Richmond, State of Virginia, on the following dates:
11/07/2018
The First insertion being given ... 11/07/2018
Newspaper reference: 0000849621
Sworn to and subscribed before me this
i oy-a y►i� 7 IB
�ta�Public Supervisor
,Janet Johnson Williams
NOTARY PUBLIC
State of Virginia Commonwealth of Virginia
City of Richmond 7566416
My Commission expires X1 Commission Expires June 30, 2021
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: November 14, 2018 Item Number: 20.
Subiect:
Closed Session
County Administrator's Comments:
County Administrator:
Board Action Requested:
Summary of Information:
Closed session (1) pursuant to § 2.2-3711(A)(7), Code of Virginia, 1950, as
amended, pertaining to litigation in the case of Shoosmith Brothers, Inc. v.
County of Chesterfield, Virginia and Board of Supervisors of Chesterfield
County, Virginia where discussion in an open meeting would adversely affect
the litigating posture of the County, and (2) pursuant to § 2.2-3711 (A) (1)
pertaining to the performance of specific County employees.
Preparer: Jeffrey L. Mincks
Attachments: C:1 Yes
Title: County Attorney
0425:113552.1
■ No #
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of I
AGENDA
174
Meeting Date: November 14, 2018 Item Number: 21.
Subject:
Adjournment and Notice of Next Scheduled Meeting of the Board of
Supervisors
County Administrator's Comments:
County Administrator:
R^,mrA At-fit%n Pm mnimf
N.
Summary of Information:
Motion of adjournment and notice of the Board of Supervisors meeting to be
held on December 12, 2018, at 2:00 p.m. in Room 502 at the County
,Administration Building.
Preparer: Janice Blakley
Attachments: 1:1 Yes■
Title: Clerk to the Board of Supervisors
No #
,19,0209