2006-04Resolution No. 2006-4
EXTRACT FROM THE MINUTES OF AN OFFICIAL MEETING OF THE AIRPORT AUTHORITY
OF BLAIR, NEBRASKA, SPONSOR OF THE BLAIR MUNICIPAL AIRPORT, HELD ON SEPTEMBER 19,
2006.
The followingresolution was introduced b Johnson Motion b. ohnson
y ,read iiiul�, seconded by
Havekost and considered:
A RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF A FUEL
STORAGE LOAN PROGRAM AND SECURITY AGREEMENT, INCLUDING THE
FILING OF A UCC FINANCING STATEMENT, FOR FUEL STORAGE PROJECT NO.
F-29 BLAIR WITH THE DEPARTMENT OF AERONAUTICS OF THE STATE OF
NEBRASKA TO OBTAIN STATE FUNDS UNDER THE PROGRAM FOR THE
DEVELOPMENT OF A FUEL FACILITY ON BLAIR MUNICIPAL AIRPORT:
Be it resolved by the Chairman and members of the Airport Authority of Blair, Nebraska, that:
1. The Airport Authority shall enter into a Fuel Storage Loan Program and Security Agreement,
including the filing of a UCC Financing Statement, with the Department of Aeronautics for Project
No. F-29 Blair for the purpose of obtaining State funds for the construction of a fuel facility on the
Municipal Airport and that such agreement shall be set forth herein below.
2. The Chairman of the Airport Authority is hereby authorized and directed to execute said Fuel
Storage Loan Program and Security Agreement on behalf of the Airport Authority, and the
Secretary is hereby authorized to attest said execution.
3. The said agreement and financing statement referred to herein above, are inserted in full and
attached herewith, and made a part hereof as Exhibit "O".
Upon calling for a vote on the resolution, 5 voted yea, and 0 voted nay, and the resolution therefore was
declared passed and approved on September 19, 2006.
1
ATTEST:
c -y .1 1 t -.-7-,r
Secretary irman
01105
UCC FINANCING STATEMENT
FOLLOW INSTRUCTIONS front and back)CAREFULLY
A. NAME & PHONE OF CONTACT AT FILER [optional]
Barry Scheinost, 402-471-2371
B. SEND ACKNOWLEDGMENT TO: (Name and Address)
[Barry Barry Scheinost
Nebraska Department of Aeronautics
3431 Aviation Road, Suite 150
Lincoln, Nebraska 68524-1800
TF
1.DEBTOR'S EXACT FULL LEGAL a e�
ABOVE SPACE IS FOR F'
ICE USE ONLY
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1 a. ORGANIZATION'S NAME
OR
OR
2b. INDIVIDUAL'S LAST NAME FIRSTNAME
Blair Airport Authority
2c. MAILING ADDRESS
CITY
OR
1b.INDIVIDUAUSLASTNAME
FIRSTNAME
MIDDLE NAME SUFFIX
1c. MAILINGADDRESS
CITY
STATE POSTALCODE
COUNTRY
218 South 16th Street
Blair
NE 68008-2010
USA
1d, SEE INSTRUCTIONS
ADD'LINFO RE 1e. TYPE OFORGANVATION
1 f. JURISDICTION OF ORGANIZATION
1 g. ORGANIZA11ONAL ID #, if any
ORGANIZATION
DEBTOR I Airport Authority
BlairrANONE
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3.JCliUKtU1-HKI Y'J NAME 1-NAMEnfTOTAI AARIGNFF nfARRI(;Nf1R A/P1_tnccdnnivnnn-..,,.-.t--a..--..,--- A
2a. ORGANIZATION'S NAME
OR
OR
2b. INDIVIDUAL'S LAST NAME FIRSTNAME
MIDDLE NAME SUFFIX
2c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
2d.SEE1NSTR9CTIONS
ADULINFORE 120. TYPE OFORGANIZATION 2f. JURISDICTION OF ORGANIZATION
ORGANIZATION
2g.ORGANIZATIONALID#,ifany
3431 Aviation Road Suite 150
DEBTOR
NONE
3.JCliUKtU1-HKI Y'J NAME 1-NAMEnfTOTAI AARIGNFF nfARRI(;Nf1R A/P1_tnccdnnivnnn-..,,.-.t--a..--..,--- A
�. ,v,- r u•r...�nv� on icni�wwvco wn wu�wmy wnafeiat.
New underground fuel storage and dispensing facility at the Blair Municipal Airport.
ALTERNATIVE DESIGNATION
s dum rtfaoDlicablel 1 tADDRIONALFFE! tobtionag IAIIDeMors I IDebtorl IDebtor2
8. OPTIONAL FILER REFERENCE DATA
Fuel Storage Loan Program Project No. F-29 Blair
FILING OFFICE COPY — UCC FINANCING STATEMENT (FORM UCC1) (REV. 05/22/02) International Association of Commercial Administrators (IACA)
3a. ORGANIZATION'S NAME
OR
Nebraska Department of Aeronautics
3b. INDIVIDUAL'S LAST NAME
FIRSTNAME
MIDDLE NAME
SUFFIX
3c. MAILING ADDRESS
CITY
STATE
COUNTRY
3431 Aviation Road Suite 150
Lincoln
NE
1POSTALCODE
68524-1800
USA
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New underground fuel storage and dispensing facility at the Blair Municipal Airport.
ALTERNATIVE DESIGNATION
s dum rtfaoDlicablel 1 tADDRIONALFFE! tobtionag IAIIDeMors I IDebtorl IDebtor2
8. OPTIONAL FILER REFERENCE DATA
Fuel Storage Loan Program Project No. F-29 Blair
FILING OFFICE COPY — UCC FINANCING STATEMENT (FORM UCC1) (REV. 05/22/02) International Association of Commercial Administrators (IACA)
UCC FINANCING STATEMENT ADDENDUM
9. NAME OF FIRST DEBTOR (1a or 1b) ON RELATED FINANC=MIDDLE
9a. ORGANIZATION'S NAME
OR Blair Airport Authority
sb. INDIVIDUAL'S LAST NAME FIRST NAME
10. MISCELLANEOUS:
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
11. ADDITIONAL D E BTO R'S EXACT FULL LEGAL NAME - insert only one name r11 a or 11 bt . do not abbreviate
FILING OFFICE COPY — UCC FINANCING STATEMENT ADDENDUM (FORM UCC1Ad) (REV. 05/22/02)
11a. ORGANIZATION'S NAME
OR
11 b. INDIVIDUAL'S
LAST NAME
FIRST NAME MIDDLE NAME
SUFFIX
11c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
11d.SEEINSTRUCTIONS
ADD'LINFORE 1 Ia. TYPE OF ORGANIZATION
11f.JURISDICTION OFORGANIZATION 11g.ORGANIZATIONALID#,ifany
ORGANIZATION
DEBTOR
NONE
12.
ADDITIONAL SECURED PAF ASSIGNORS/P'S
NAME -insert only s¢gname (12aor12b)
12a. ORGANIZATION'S NAME
OR
12b.
INDIVIDUAL'S LAST NAME
FIRST NAME MIDDLE NAME
SUFFIX
12c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
13. This FINANCING STATEMENT covers timber to be cut or U as•exbacted
16. Additional collateral description:
collateral, or is filed as a 0 fixture filing.
14. Description of real estate:
Tax Lot 38, Section 30, Township 17N, Range 12E of
the 6th Prime Meridian, Washington County,
Nebraska.
15. Name and address of a RECORD OWNER of above-described real estate
(if Debtor does not have a record Interest):
17. Check 2* if applicable and check 2gly one box.
Debtor is a Trust or Trustee acting vdth respect to property held In trust or
Decedent's Estate
18. Check201y if applicable and check 2oly one box.
Debtor Is aTRANSMRTING UTILITY
Filed In connection with a Manufactured -Home Transaction — effective 30 years
Filed In connection Vdh a Public -Finance Transaction — effective 30 year;
FILING OFFICE COPY — UCC FINANCING STATEMENT ADDENDUM (FORM UCC1Ad) (REV. 05/22/02)
FUEL STORAGE LOAN PROGRAM AND SECURITY AGREEMENT
PROJECT NO. F-29 BLAIR
This is an agreement between the Department of Aeronautics, State of Nebraska, referred to as the
Department, and the Airport Authority, of Blair, Nebraska, referred to as the Sponsor.
RECITALS
1) The Sponsor, who has title to or controls the Blair Municipal Airport, wants to install,
improve or increase the capacity of fuel storage facilities at their public -use airport. The Department
agrees to assist the Sponsor as an effort to aid and foster aviation interests and activities within the
state.
CONSTRUCTION
2) The Sponsor agrees to construct, improve or increase the capacity of a fuel storage facility
as described on page 5 and shown on Exhibit A, attached hereto and made a part hereof by
reference. The construction will be according to the contract or sales agreement, noted on page 5,
between the Sponsor and the Contractor. The construction shall be completed according to the
plans, if any, approved by the Department. These plans are identified on page 5 and made a part of
this agreement by reference. The fuel storage facility identified on page 5 shall be considered
collateral for this loan.
3) The Sponsor will ensure that the fuel storage facility is constructed in compliance with all
applicable state and local building codes and regulations. These codes and regulations may include
but are not limited to the requirements of the State Electrical Division, the Nebraska Department of
Environmental Quality, the Nebraska Department of Health, and the State Fire Marshal.
4) The Sponsor shall be responsible for the day to day and final inspection of the fuel facility
during construction. The fuel facility shall be subject to the inspection and approval of the
Department, or any other agency responsible for the enforcement of applicable state or local
building codes or regulations, at any time. This includes, but is not limited to, the inspections and
approvals of those agencies mentioned above. If the facility is inspected by agencies other than the
Department, the Sponsor shall provide to the Department copies of inspection reports and final
acceptance certificates.
5) The Sponsor shall pay all costs of construction and periodically submit to the Department
progress estimates or invoices. The Department will reimburse the Sponsor for seventy (70)
percent of the eligible project costs up to $105,000.
The Department shall retain ten (10) percent from each reimbursement until the Sponsor has
1/2005
completed the following items.
a) paid the final construction estimate;
b) inspected and advised the Department in writing of their acceptance of the facility;
C) provided the Department with any applicable inspection reports/SPCC Plan (if
required; and
d) provided the Department with proof of insurance according to paragraph 11.
6) The Department agrees to loan to the Sponsor seventy (70) percent of costs incurred to
complete the development, up to the loan amount shown on page 5. The Department takes, in
return for the loan, a purchase money security interest in the fuel facility identified on page 5, which
shall be collateral for this loan. The Sponsor agrees to repay the Department, by Automatic
Clearing House (ACH) debit, the actual loan amount according to the monthly schedule shown on
page 5 or as revised by an addendum fully executed by the Sponsor and the Department. When the
Sponsor accepts the facility as complete, the facility shall be considered complete only for monthly
payment purposes. When the full purchase price has been paid, the collateral shall be released and
this agreement shall terminate.
General Conditions
7) The Department has the right to enter the airport and the fuel facility for inspection purposes
at any time for the life of this agreement.
8) The Sponsor shall have the right to pay all or any part of the balance of the loan to the
Department at any time without penalty.
9) The Sponsor shall include in all subleases to others a clause thatmakes such subleases
subject to immediate cancellation if the Department repossesses the facility, and generally subject
to this agreement.
10) The Sponsor agrees to negotiate in good faith to lease the fuel facility for fair market value
to a Fixed Base Operator (FBO). This requirement applies under the following conditions:
1/2005
a) The FBO asks to operate a fuel facility that was partially or fully funded under this
program.
b) The FBO provides, at the airport, full-time maintenance and repair of general
aviation aircraft.
2
11) The Sponsor agrees to take good care of the facility and keep it insured at the Sponsor's
expense against the hazards of fire, windstorm, and hail with loss payable to the Department and
the Sponsor as their interests may appear. The Sponsor shall insure the facility for an amount at
least equal to the loan amount.
12) If the Sponsor:
a) fails to pay any installment of the loan promptly when it becomes due by the terms
of this agreement, or
b) removes or attempts to remove, encumbers or attempts to encumber, or sells or
attempts to sell, the above described facility, or
C) fails to keep the facility in good condition, or
d) fails to perform any provision of this agreement,
without the written permission of the Department, the Department may consider this agreement
breached by the Sponsor. At their option the Department may take over the immediate possession
of the facility, retaining all other rights set out in this agreement. In that event, all rights and
interests of the Sponsor in the facility shall end; all payments made by the Sponsor may be retained
by the Department as liquidated damages and as compensation for the Sponsor's use of the facility;
and the Department may:
i) use and operate the facility for any purpose, or
ii) sublease the facility or any part of it, or
iii) remove the facility, or
iv) make necessary repairs.
13) If the Department removes the facility, it may do anything necessary to disconnect the
facility from the footings and foundations. The Department shall not be liable for any damage to
the airport and shall not be required to return the airport to its natural condition. If the Department
repairs the facility the Sponsor shall reimburse the Department for all costs associated with the
repairs within thirty (30) days.
14) If the Sponsor stops operating the present airport as a public -use airport the Sponsor can a)
abandon the facility and immediately reimburse the Department for the remaining amount due on
the loan; or b) relocate the facility onto another public -use airport and continue the repayment
program established by this agreement. If the Sponsor relocates the facility they shall pay all costs
associated with the relocation without additional Department funds. The relocated facility shall be
in a useable and functional location, according to the approved Airport Layout Plan.
1/2005
3
15) Should the airport sponsor ever transfer ownership of the fuel storage facility to a private
party, the airport sponsor shall pay a penalty to the fuel loan fund in the sum of 25% of the total
loan amount contributed by the Aeronautics Commission.
16) Notwithstanding anything to the apparent contrary herein contained, in the event of a default
under this Agreement, the parties' rights shall be governed by Article 9, Part 5 of the Uniform
Commercial Code.
EFFECTIVE DATES
17) This agreement shall become effective as an executory contract immediately upon the date
of execution by the Sponsor.
Remainder of page intentionally
. left blank
(continued on Page 5)
1/2005
0
Specific Conditions
The maximum loan amount is $105,000.
The loan period is ten (10) years (120 months),
The monthly loan payments are $875.00.
The Sponsor has entered into a contract or sales agreement with HWS Consulting Group Inc. of Lincoln,
Nebraska for consulting engineer services and Yant Testing, Supply 4 Equipment, Inc.
of Omaha, Nebraska, for accomplishing the construction of a new fuel facility to be constructed according
to the approved plans identified as Fuel Facility, BLAIR F-29 FUEL LOAN.
This document, executed by each party on the date shown, has five pages and Exhibit A.
BLAIR AIRPORT AUTHORITY
(Sponsor)
Blair, Nebraska
(Location)
I cation) HE -SOLUTION
Signature rAn
Title
Date
Witness: H-E80LUTIONt
0 0 N 0 T 8) G P-4
1/2005
DEPARTMENT OF AERONAUTICS
STATE OF NEBRASKA
RESOLUTION
Signature DQQ tIOT SUGN
Title Director
Date
Witness:
LU 1 -10H,
S1 (' Pq
5
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BLAIR MUNICIPAL AIRPORT
LINCOLN St, g OFFICE �� SNEEf N�.
EXHIBIT "A• $15 Lincoln, NE 66 08 MARCH 2006
BLAIR NEBRASKA ��
9 '� (402) 479-2200
www,hws.com
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