2022-08-23 Skywerx Aviation, Inc - FBOBLAIR AIRPORT AUTHORITY
FBO FRANCHISE AGREENLENT
THIS AGREEMENT, made and entered into this Z", dayof , 2022, by
and between the Airport Authority of the City of Blair, a municipal corporation organized
and existing under the laws of the State of Nebraska, (`BLAIR AIRPORT
AUTHORITY"), and SKYWERX AVIATION, INC a corporation organized and existing
under the laws of the State of Nebraska;
WHEREAS, the BLAIR AIRPORT AUTHORITY owns and operates an airport known
as the Blair Municipal Airport, and BLAIR AIRPORT AUTHORITY is desirous of
granting a Non Exclusive FBO franchise to SKYWERX Aviation, INC for the right to
engage in the business of providing Blau Municipal Airport with Aviation services only
and as outlined in Section 10.12 of the Blair Municipal Airport Rules and Regulations as
adopted by the Blair Airport Authority on February 20, 2007 and attached as reference to
this agreement as Exhibit A.
NOW, THEREFORE, for and in consideration of the fees and covenants of this
agreement, BLAIR AIRPORT AUTHORITY grants to SKYWERX AVIATION, INC
the following rights as a FBO at the Blair Municipal Airport upon the following terms
and conditions;
1. Term. The term of this right shall be for a period coinciding with the term of "Lease of
Land" with BTA Hangars, LLC, dated December 1, 2020 for Suite H and terminating on
November 30, 2045, unless extended by mutual agreement of both parties
2. User Fees;
a. SKYWERX AVIATION, INC agrees to pay a flowage fee of fifteen cents per
gallon ($.15/gallon) or the fee as may be adjusted periodically under 2.c, of this
agreement for all fuel sold for aviation use, including but not limited to Jet A and
100LL fuel delivered to SKYWERX AVIATION, INC at the airport for sale or
use by SKYWERX AVIATION, INC by any supplier for the term of this
agreement.
b. SKYWERX AVIATION, INC agrees to pay monthly in accordance with the
terms as identified herein. Payments shall be due and payable on or before the
tenth (10th'') day of each calendar month for all fuel delivered during the previous
calendar month with or without the demand of the BLAIR AIRPORT
AUTHORITY.
a It is expressly understood between the BLAIR AIRPORT AUTHORITY and
the SKYWERX AVIATION, INC that the rate of the fuel flowage fee, shall be
subject to examination and adjustment at the end of each three (3) year period,
unless otherwise agreed between both parties, with date of first adjustment period
being December 1, 2025.
facilities to meet all Federal and State of Nebraska rules and
regulations for sale and storage of fiiel for aviation,
6) SKYWERX AVIATION, INC shall keep true and accurate records
and books which shall show all fuel deliveries made to SKYWERX
AVIATION, INC at airport for use or sale, SKYWERX
AVIATION, INC's fuel supplier shall furnish monthly delivery
reports to Blair Airport Authority upon request. With the payment
of fiiel flowage fees SKYWERX AVIATION, INC shall submit to
Blair Airport Authority detailed statements of such deliveries and
fiiel sales for the preceding calendar month, These statements shall
be in a form and show such reasonable detail and breakdown as
maybe required by the Blain Airport Authority,
c) Audit Within thirty (30) days after the end of each of the Blair Airport
Authority's fiscal years, SKYWERX AVIATION, INC shall subnnit to the
Blair Airport Authority a detailed statement of total gallons of firel delivered
into the tank farm and total parking fees collected. Such statement shall be
prepared by an independent Certified Public Accountant and any
adjustment due on payments made during the previous year shall be
accomplished at that time.
In addition, the Blair Airport Authority shall have the right at any time
during the term of its agreement with the SKYWERX AVIATION, INC to
authorize an audit of SKYWERX AVIATION'S records pertaining to its
FBO operation on the airport, Such audits shall be undertaken by an
independent Certified Public Accountant, satisfactory to the Blair Airport
Authority, The cost of such audit shall be borne by the Blair Airport
Authority,
4, Insurance and Indemnification
a) Fire Insurance, During the full term of this FBO Franchise agreement, SKYWERX
AVIATION, INC shall, at its sole cost and expense, cause all improvements
constructed or installed by SKYWERX AVIATION, INC to be kept insured to the
full insurable value thereof against the perils of fire, extended coverage,
vandalism, and explosion and like perils. Said insurance shall be procured from a
company authorized to do business in the State of Nebraska, and FBO shall provide
the Blau Airport Authority with evidence satisfactory to the Blair Airport Authority
that such coverage has been procured and is being maintained,
The proceeds of any such insurance, paid on account of any of the perils aforesaid,
shall be used to defray the cost of repairing, restoring, or reconstructing said
improvements, as necessary; provided, however, that if the permit is canceled, such
proceeds shall be used to restore the leased premises to its original condition,
including the removal of all buildings, structures and debris,
certificates shall contain a provision that written notice of cancellation of any
material change in said policy to the insurer shall be delivered to the Blair Airport
Authority thirty (30) days in advance of the effective date thereof, and said policy
shall name the Blair Airport Authority as an additional insured.
c. Primary Insurance: Consistent with the indemnification provisions of this
Agreement, SKYWERX AVIATION, INC'S insurance policies will respond on a
primary basis if the damage or claim is the responsibility and/or caused by the
SKYWERX AVIATION, INC, with any insurance carried by BLAIR AIRPORT
AUTHORITY to be considered as secondary or excess insurance.
5. SKYWERX Aviation, INC Rights. SKYWERX AVIATION, INC shall have the
right:
a. In comrmon with others so authorized, to use conunon areas of the airport,
including runways, taxiways, aprons, roadways, floodlights, landing lights,
signals and other conveniences for the take -off, flying and landing of aircraft.
b. To the nonexclusive use, in common with others, of the airport apron parking
areas, appurtenances and improvements thereon, but this shall not restrict the right
of the BLAIR AIRPORT AUTHORITY to charge visitors a fee for the use of
such areas.
c. To the nonexclusive use, in common with others, of the airport vehicular
parking areas, except as to those areas that SKYWERX AVIATION, INC has
assisted the Airport Authority in constructing for the betterment of the Public and
Airport, as shown on the "Exhibit B" to this agreement, and which may be
restricted from time to time for customers and visitors doing business with
SKYWERX AVIATION by SKYWERX AVIATION installing signs limiting
said parking which cannot be installed without the approval of Airport
Management; said approval shall not be unreasonably withheld.
d. To operate, maintain, repair and store subject to approval of BLAIR AIRPORT
AUTHORITY in the interests of safety and convenience of all concerned, all
equipment necessary for the conduct of SKYWERX AVIATION, INC'S business.
e. Of access to and from the premises, limited to streets, driveways or sidewalks
designated for such purposes by the BLAIR AIRPORT AUTHORITY, and which
right shall extend to SKYWERX AVIATION, INC'S employees, passengers,
guests, invitees, and patrons.
£ All activities of in accordance with this agreement shall comply with laws of
the Federal Government, the State of Nebraska, the regulations of the Blair
14, Nonexclusive Rights, SKYWERX AVIATION, INC shall have the right and
privilege of engaging in and conducting a FBO business on the premises of the airport
under the terms and conditions as set forth, provided, however, that this agreement shall
not be construed in any manner to grant SKYWERX AVIATION, INC or those claiming
under it the exclusive right to the use of the premises and facilities of the airport other
than expressly described herein,
15. Aircraft Service by Owner or Operator, It is clearly understood by SKYWERX
AVIATION, INC that no right or privilege has been granted which would operate to
prevent any person, firm, or corporation operating aircraft on the airport from performing
any services on its own aircraft with its own regular employees (including, but not
limited to, routine maintenance) that it may choose to perform,
16, Hours of Operations. SKYWERX AVIATION, INC agrees to maintain operations
during a schedule of hours, which schedule shall be filed with and approved by BLAIR
AIRPORT AUTHORITY, Hours of operation shall not be reduced below the minimum
without written consent of the BLAIR AIRPORT AUTHORITY, except during any
period when the airport is closed by any lawful authority restricting the use in such a
manner as to interfere with use by SKYWERX AVIATION, INC for its business
operation,
Blair Airport Authority shall not be liable for any costs incurred or profits lost by
SKYWERX AVIATION, INC due to the closure of the airport due to any lawful cause,
17. Jet A Fuel Testing; SKYWERX AVIATION, INC shall pay for any and all fees for
testing the fuel used in accordance with this agreement, The testing must be in
compliance with the minimum requirements of the Fuel vender and shall comply with the
operable Fuel Service Contract between SKYWERX AVIATION and the Fuel vender,
18. Taxes. SKYWERX AVIATION, INC shall pay all taxes or assessments that may be
levied against the personal property of SKYWERX AVIATION, INC and/or any and all
property taxes assessed on the hangar property subject to this lease throughout the
duration of the lease.
19. Airport Development. BLAIR AIRPORT AUTHORITY reserves the right to fiirther
develop or improve the airport as it sees fit, regardless of the desires or view of
SKYWERX AVIATION, INC, and without interference or hindrance.
20. Blair Airport Authority Rights, BLAIR AIRPORT AUTHORITY reserves the
right, but shall not be obligated to SKYWERX AVIATION, INC, 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 SKYWERX AVIATION, INC
in this regard.
WITNESS
do
WITNESS
SK RX At IATION, INC
AIkPOkfAUTHORITY OF THE
CITY OF BLAIR