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Home My WebLink AboutLivingston Aviation, Inc. - Landing Fee Agreement - 6/24/19 NON-SIGNATORY AIR CARGO AIRCRAFT LANDING FEE AGREEMENT BETWEEN CITY OF WATERLOO, IOWA dba WATERLOO REGIONAL AIRPORT AND LIVINGSTON AVIATION, INC. EFFECTIVE July 1, 2019 NON-SIGNATORY AIR CARGO AIRCRAFT LANDING FEE AGREEMENT Between CITY OF WATERLOO, IOWA dba Waterloo Regional Airport and Livingston Aviation, Inc. THIS AIR CARGO LANDING FEE AGREEMENT ("Agreement"), is made and entered into as of this 1st day of July, 2019 (Effective Date, July 1, 2019) by and between the CITY OF WATERLOO, IOWA dba Waterloo Regional Airport, at 2790 Livingston Lane, Waterloo, IA 50703, hereinafter referred to as "Airport" or "Airport" and Livingston Aviation, Inc. hereinafter referred to as "FBO" at 2814 Betsworth Drive, Waterloo, IA 50703. WITNESSETH: WHEREAS, City of Waterloo dba Waterloo Regional Airport and FBO agree to divide evenly at 50% - 50% the Non-Signatory Landing fee for all Air Cargo Aircraft that lands at Waterloo Regional Airport and parks on the Livingston Aviation parking apron; and, NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: Section 1 LOCATION, TERM, FEES AND FEE SCHEDULE Subject to the provisions hereinafter set forth, Airport and FBO, agrees to divide equally the remittance of Aircraft Landing Fees specifically identified below: LOCATION: Waterloo Regional Airport TERM: Five (5) years commencing July 1, 2019 and terminating June 30, 2024 AGREEMENT TYPE: Remittance of Non-Signatory Aircraft Landing Fees for Air Cargo Aircraft Only RENTAL FEE: FBO agrees to remit 50% of all aircraft landing fees as collected by FBO to the Waterloo Regional Airport from all Non-Signatory Air Cargo Aircraft Operators during the term of this agreement that park on the FBO apron. FEE SCHEDULES: Based on Maximum Take Off Weight (MTOW), the Non-Signatory Air Cargo Aircraft Landing Fee Rate Shall Be: Beginning July 1, 2019 - $2.03 per 1,000 pounds of aircraft landed weight. Beginning July 1, 2020 - $2.54 per 1,000 pounds of aircraft landed weight. Beginning July 1, 2022 - $3.17 per 1,000 pounds of aircraft landed weight. Beginning July 1, 2024 - $3.97 per 1,000 pounds of aircraft landed weight. 2 Section 2 Terms and Conditions I. FBO agrees to the following conditions and responsibilities. A. Trained FBO personnel will be the only operators for the Ground Handling Operations of Non-Signatory Air Cargo Only Aircraft operations at the Waterloo Regional Airport. B. FBO will assess a Non-Signatory Air Cargo Only Aircraft Landing fee to the invoice for services to the aircraft owner / operator at a rate per 1,000 pounds of aircraft landed weight per the fee schedule as described on Page 2 of this agreement. C. FBO shall remit Fifty Percent (50%) of the total assessed Non-Signatory Air Cargo Aircraft Only landing fee to the attention of the Airport Administration Office at the Waterloo Regional Airport by no later than the 15th day of the following month. D. FBO shall advise the Airport Manager as soon as possible if the air cargo aircraft to be serviced would be considered a Group IV (Exs: Boeing 757, 767, MD-11 Aircraft) or Group V (Exs: Boeing 777, 787, or Airbus equivalent aircraft) as determined by the Federal Aviation Administration, so as to ensure that the pavement thickness is ably suited to accommodate the weight and aircraft footprint of the air cargo aircraft scheduled to enplane or deplane air cargo at the Waterloo Regional Airport. E. FBO shall document, and shall submit with monthly payment/s, as may be applicable, the total amount of all weights from all enplaned or deplaned cargo from the aircraft. II. The Airport makes the following representations and agrees to the following conditions and responsibilities: A. The City of Waterloo and Waterloo Regional Airport shall ensure that the aircraft landing, taxing and aircraft parking aprons, including pavement markings, shall remain in excellent condition to provide for the parking of a wide diversity of aircraft parking availability. B. Pending the size of air cargo aircraft needed to park at the Waterloo Regional Airport, the City of Waterloo and Waterloo Regional Airport Airport shall agree to allow FBO to utilize the aircraft parking apron located between the airline passenger terminal building and the FAA-owned Air Traffic Control Tower, if not currently occupied or scheduled to be occupied, at no additional cost to allow the primary FBO parking apron to be available for additional use by propeller or turbine powered aircraft. C. If II-B, above, goes into effect, the City of Waterloo and the Waterloo Regional Airport, shall ensure that all pavement in this area remains in excellent condition for the parking of Non-Signatory Air Cargo-only Aircraft, and is hereby designated for use as such. 3 Section 3 Payment As indicated on Page 2, Section 2, Paragraph I-C, FBO shall remit payment at Fifty Percent (50%) of the total amount invoiced for each landing operation of Non-Signatory Air Cargo Aircraft that enplanes or deplanes air cargo at the Waterloo Regional Airport. Payment is due and payable within fifteen (15) days following the invoice date. FBO shall remit payment on a monthly basis, if applicable. All remittances shall be mailed to: WATERLOO REGIONAL AIRPORT Attn: Airport Administration Office 2790 Livingston Lane Waterloo, IA 50703 All remittances due hereunder shall be paid by and in full without any set aside by FBO within Fifteen (15) days after the date of invoice. Section 4 Disputes of Either Party If Airport disputes any invoice rendered or amount paid by FBO, Airport will so notify the FBO, and the parties will use all reasonable efforts to resolve such dispute as expeditiously as possible. Section 5 Ownership FBO hereby acknowledges that the airport hereunder is the property of the City of Waterloo. Section 6 Term, Cancellation / Termination This Agreement shall commence on July 1, 2019 and continue thru June 30, 2024. Either party may cancel this Agreement upon ninety (90) days written notice to the other. Section 7 Governing Law This Agreement is made within, shall be construed in accordance with, and shall be governed by the laws of the State of Iowa, and the parties agree that venue lies in Waterloo and Black Hawk County, Iowa. 4 Section 8 Severability If any provision of the Agreement shall be declared illegal, void, or otherwise unenforceable, the remaining provisions shall remain in full force and effect. Section 9 Non-Waiver Failure of Airport to insist upon strict performance of any of the terms and conditions herein shall not be deemed a waiver of any rights or remedies that Airport shall have and shall not be deemed a waiver of any subsequent default of the terms and conditions hereof. Section 10 Assignment This Agreement and the rights and obligations created hereunder shall not be assignable or delegated by either party hereto without the prior written consent of the other party; however, subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors, assigns, and legal representatives. Section 11 Notices Notices given hereunder shall be in writing and shall be deemed to have been given and delivered when deposited in the United States mail, Certified or Registered, with postage prepaid and addressed, or via overnight courier, or via personal delivery, if to the Waterloo Regional Airport, to: WATERLOO REGIONAL AIRPORT Attn: Airport Director 2790 Livingston Lane Waterloo, IA 50703 Ph: (319) 291-4483 and if to FBO, to: LIVINGSTON AVATION, INC. 1 Attn: Mr. Tim Newton, General Manager 2814 Betsworth Drive Waterloo, Iowa 50703 PH: 319-234-1783 Or, to such other address as the respective parties hereto shall from time to time designate by notice to the other party. 5 Section 12 Section Headings Section headings and captions contained herein are for convenience of reference only, and shall not be deemed in any manner to limit or restrict the content of the provision of which they relate. Section 13 Amendments; Counterparts This Agreement may not be amended, modified, discharged or waived orally or by course of conduct, but only by an agreement in writing, signed by or on behalf of the party against whom enforcement of any Amendment, modification, discharge or waiver is sought. This Agreement may be executed and delivered by email and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers thereunto duly authorized as of the day and year first written above. The Parties hereto agree that faxed signature copies of this Agreement shall be deemed to be originals. AGREED AND ACCEPTED: City of Waterloo, Iowa Livingston Aviation, Inc. (FBO) By:auentin M. Hart By: Timothy Newton Signature: ta_.A._LA4sc---ioe4, Signature Title: Mayor Title: General Manager & Co-Owner Date: a,� a o t q Date: CA:/7eib.c r� Witness: Witness: By: Kelley Felchle By: C(),(X + ' Signature: "lieP '�:�'��y" Signature:Qc'AU•1( i _ k_)\ Title: City Clerk Title: V SC �,i� Date: C a� Q414\ Date: Ui-(W 6