10281983HARNETT COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING, OCTOBER: 28, 1983
The Harnett County Board of Commissioners met in special session on Friday, October
28, 1983,; in the Commissioners Room, County Office Building, Lillington, North
Carolina, with the following members present: -Bill Shaw, Rudy Collins., M. H.. Brock,
and Vice - Chairman Lloyd G. Stewart presiding. Vanessa W. Young, Clerk to the Board,
and; John Phelps representing Robert Morgan's Office were also present. Commissioner
Jesse Alphin was absent.
CALL TO ORDER .Vice- Chairman Lloyd G. Stewart called the meeting to order at 4 :10 p.m.
PRAYER Commissioner Jack Brock led the afternoon-prayer.
PURPOSE -OF MEET The purpose Of the meeting was concerning entering into an agreement for a fixed
ING base operator for the Harnett County Airport.
M. H. Brock, County Manager, informed the Board that at its meeting of September 6,
1983, the Board approved the agreement between the County and Roberts Aviation
(Bud Roberts) as the fixed base operator for the County - Airport.' Mr. Brock
continued to explain-that Bud Roberts informed the County that as of Septmeber 30,
1983, he would terminate this contract. Mr. Brock explained that the County entered
into a contract with Ty Sawyer to serve as a temporary fixed base operator for the
month of. October at the cost of $1,000 plus 21¢ per mile travel. Also the County
paid another person at the rate of $3.35 to work on Sundays in order for Mr. Sawyer
to be off. Mr. Brock continued to explain that during October the Airport Commit-
tee had been interviewing. persons to serve as the fixed base operator for the airpor
The Board then recognized Keith Finch and Gene Stewart, Members of the Airport
Committee; who recommended that the County enter into. an agreement with Harnett '
Aviation,, Inc., operated by T. A.. Coats, Jr., Wayne Coats, and Marshall Reece
John Phelps, representing Robert Morgan, informed the Board that Mr. Morgan recom
mends that a- provision be added to the Agreement concerning the transfer of owner-
ship of operator. Mr. Reece and Mr. Wayne Coats stated that they had no +problem
with this "addition. Commissioner' Shaw noted that paragraph 12 of the lease states,
that the County can amend this. Agreement on the annual anniversary date Mr. Reece
stated that they understood and agreed with this Commissioner Collins made a
motion that the Board adopt the following agreement with the amendmenttas recommende
by Mr. Morgan; 'Commissioner Shaw seconded the motion and it carried with a unani-
mous vote:
NORTH CAROLINA
COUNTY
LEASE
THIS LEASE AGREEMENT, made and entered into by and between the COUNTY. OF
HARNETT, a body politic and- corporate of the State of North Carolina, hereinafter
referred to as "Owner", and - HARNETT AVIATION, INC., a corporation organized and
existing' under the laws of the State of North Carolina, with offices located at
307 South Railroad .Avenue, Dunn, North Carolina 28334, hereinafter referred to as
"Operator";
WITNE =S- S._ETH
WHEREAS, Owner is the owner of an airport which is called Harnett County Air
port and which is in the eastern part of Harnett County, Between the Village of
Buies Creek and the Town of Erwin, South of U. S. Highway No 421 and lying between
S. R No 1769 and the Cape Fear River, about one mile, more or, less, West of the
Village of Buies Creek, and
WHEREAS, the Operator desires to -lease a portion of said airport premises,
for the uses and purposes hereinafter mentioned, which portion is describes as
follows:
All that'.certain 4.62 tract or parcel of land, containing the
existing terminal building; existing apron, and other contiguous areas
hereinafter, described, located on the Harnett County Airport property;
Northwest of and parallel to the Harnett County Airport runway; and
southeast of the northwestern boundary of the Airport property,
and a Paved state road along said boundary, and more fully, described
as follows:
Starting at the concrete monument in the northern property,
line of the Harnett County Airport, a common corner with R. D.
Lee property, and D. E: Lassiter, Jr. property, and running thence
South 80 deg.' 54 min.:' East 495.69 feet to the BEGINNING point
and running thence South 45 deg. East 200 feet to a corner (said
corner located North 45 deg. West' 350 feet from Station No. 42
+ 25.5 of the airport runway); thence North 45 deg. East 915 feet
to a corner; thence North 45 deg. West 200 feet to a corner; thence South 45 deg. West
165 feet to a corner; thence North 45 deg. West 125 feet to a corner; thence South
45 deg. West 110 feet to a corner; thence South 45 deg. East 125 feet to a corner;
thence South 45 deg. West 125.5 feet to a corner; thence North 45 deg. West 76.2
feet to a corner; thence South 45 deg. West 60 feet to a corner; thence South 45 deg.
East 76.2 feet to a corner (The preceding three calls encompassing the existing
terminal building); thence South 45 deg. West 454.5 feet to the BEGINNING, containing
the existing terminal building, existing apron, and other contiguous areas, and
containing 4.62 acres, more or less. Said lands are a portion of the airport property
shown on a map entitled "Harnett County Airport, Property Map, Exhibit A" recorded in
Plat Cabinet 1, Slide 205, Harnett County Registry.
NOW, THEREFORE, for the mutual considerations hereinafter stated, the Owner does hereby demise and
lease unto the Operator and the Operator does hereby hire and rent from the Owner all that portion of
said Harnett County Airport hereinabove described, all upon the following terms and conditions, to wit:
1. Use of Leased Premises by Operator - It is mutually agreed by and between the parties hereto
that the leased premises shall be used for the purpose oif conducting the business of a Fixed Base
Operator with rights as defined and provided for herein, and for no other purpose. The Operator
shall have full, quiet, peaceful enjoyment of the premises during the term of this agreement, inclusive
to the ingress and egress of the premises, subject only to such rules and regulations adopted by county
ordinance for subject airport and conditions and limitations as hereinafter specifically stipulated.
2. Petroleum Rights and Duties - The Operator is granted the right to sell petroleum products
for the servicing of aircraft using said Harnett County Airport. Owner shall furnish the necessary
equipment to store and deliver fuel and shall maintain the equipment in satisfactory operating condi-
tion. The Operator shall maintain an adequate supplrof petroleum products for sale at regular busi-
ness hours and by call at other than regular business hours.
3. Required Tie Down and Other Related Services - The Operator shall furnish tie down services
for all aircraft using the airport and shall be entitled to make all reasonable and necessary charges
for tie down and other related services for all aircraft,usual and customary in the operation of an
airport.
4. Permissive Services - The Operator may conduct, but shall not be limited to, the following
aeronautical activities, all of which shall be performed in accordance with published minimum stand-
ards: sale of aviation petroleum products and related ramp services, aircraft maintenance and
repair, aircraft sales, flight instruction, ground instruction, aircraft rental, charter service,
rental of tie down space.
5. Use by the Public, Rates, Charges, Etc. - The Operator agrees to operate the leased premises
for the use and benefit of the public and to make available to the public on fair and reasonable terms
all leased airport facilities and furnish all service on a fair, equal and not unjustly discriminatory
basis to all users thereof and to charge fair, reasonable and not unjustly discriminatory prices for
each unit or service. The Owner agrees that rates and charges for such activities and services be
fixed by the Operator subject to Owner concurrence and approval of such rates and charges as to
reasonableness. All services offered by the Operator shall be performed with promptness and courtesy.
6. Rights Not Exclusive - It is expressly understood and agreed that nothing herein contained
shallbe construed to grant or authorize the granting of exclusive rights within the meaning of
Section 308 (a) of the Federal Aviation Act of 1958, as amended.
7. Hours of Operation - Except during inclement weather, the Operator agrees to keep the leased
airport premises and facilities open to the public during regular business hours. Regular business
hours are from 9:00 a.m. to 6:00 p.m., seven days a week when Eastern Standard Time is in effect and
from 9:00 a.m. until 8:00 p.m. when Daylight Savings Time is in effect.
8. Duty to Clean, Etc. by Operator - The Operator shall at all times keep the leased premises
clean and free from rubbish, in a neat and presentable manner. The Operator shall supervise the
removal of all wrecked, dismantled or junked aircraft from the leased premises.
9. Repairs and Maintenance - The Operator shall make minor repairs and maintenance on the
terminal building constructed by Owner, on the leased premises. These minor repairs shall be limited
to $100.00 (One Hundred and 00 /100 Dollars) per repair. Operator shall mow all grass on all airport
property a minimum of three times each growing season and on leased portion of airport at least
monthly starting in April and ending in October.
10. Utility Bills - Payment of utility bills shall be as provided in Paragraph No. 20.
11. Insurance - The Operator shall maintain a fixed base airport liability insurance policy in
limits of $300,000.00 (Three Hundred Thousand and 00 /100 Dollars) bodily injury and $300,000.00
(Three Hundred Thousand and 00 /100 Dollars) property damage. This shall indemnify the Owner for all
claims brought against it for bodily injury and property damage due to negligent or careless operations
by the Operator, and the Operator shall file a copy of this policy with the Owner or shall provide
with a current and valid Certificate of Insurance. Owner shall maintain necessary fire, theft and
comprehensive insurance to cover its fixed assets. Property owned by Operator shall be insured by it
and Owner has no responsibility for any such loss.
12. Term - The term of this lease shall be for a period beginning on November 1, 1983 and lasting
until October 31, 1988. However, within a 60 -day period to each annual anniversary date of said
agreement, Operator and Owner shall review said agreement in addition to audit and other necessary
data to be supplied by Operator. The term and considerations (Paragraph 20) may be amended on
334
anniversary date.
13. Other Fixed Base Operators The terms and conditions of this agreement shall not prevent the
Owner from executing leases with other Fixed Base Operators as well as the United States Army, United
States Air Force, United States Navy or other federal agencies pertaining to governmental flying in
use of Harnett County Airport.
14. Force Majeure -- If during this agreement, the United States Government or any governmental_..'
agency - acquires possession of the premises herein leased by virtue of any laws now in effect or which
may become effective during the term of this agreement, then this agreement at the option of the
Operator may be terminated or may be suspended for the period the Operator is deprived of the premises,
and thereafter the Operator may resume his tenancy and the agreement shall continue until the full term
thereof has been enjoyed by the Operator.
15. Alterations, Additions or Improvements - Operator must first obtain the approval of the Owner
before making any alterations, additions or improvements to or on the leased premises.
16. Effect of Other Agreements - Operator shall not enter into any transaction which would deprive
the Owner of any of the rights and powers necessary to perform all covenants of the Grant Agreements
or other obligations under various type agreements. ;It is understood by the Operator that this lease
agreement is subordinate to the terms and conditions of all, deeds and agreements between the Owner and
the United States relative to operations, maintenance and control of the airport.
17. Assignment and Subletting - This agreement may not be assigned or sublet by the Operator with-
out the prior, written consent of the Owner.
18. Breach - Should either party violate any term or provision of this lease
default may immediately terminate the lease, as provided for in Paragraph 23.
19. Discrimination Prohibited The operator for itself, 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 grounds of race, color, or national origin shall be excluded from participation
in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities,
(2) that 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 subjected to discrimination, (3) that the
operator 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 Secre-
tary, 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.
the party not in
The Operator itself, successors in interest, Nand 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 said property described in this lease for a pur-
pose for which a Department of Transportation program or activity is extended or, for another purpose
involving the provision of similar, services' or benefits, the operator shall maintain and operate such
facilities and services in compliance with all other requirements imposed 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.
That in the event of breach of any of the above nondiscrimination covenants, Owner shall have the
right to terminate the lease and to re -enter and repossess said land and the facilities thereon, and
hold the same as if said lease had never been made or issued. This provision shall not be effective
until the procedures'of Title 49, Code of Federal Regulations, Part 21 are followed and completed
including exercise or expiration of appeal - rights.
20: Consideration - For the period beginning November 1 , 1983, and continuing five years until
October 31,11988, Operator shall pay lease payment to Owner of $1.00 per year Payment shall be
remitted to Owner on an annual basis on or before November 1 of each year In addition, all normal
utility costs for terminal building including gas, electricity and telephone shall be paid by
Operator on or before the 10th day of the month following receipt of a utility bill: However, during .
such time as Harnett County maintains the Harnett Development Commission offices or other-full-time
offices in the Terminal Building, Harnett County will share costs for Terminal Building utilities on
an equal basis. Further, it is agreed that area - lighting,' runway and beacon lights,as` well as rnon
directional beacon and any other navigational, safety; or other support electrical costs will be the
responsibility of the. County.
It is contemplated by the parties that lease payments provided for herein' together with other
airport income and reimbursements, shall be sufficient to cover county operational expenses related
to the airport that Operator has the option to show hardship by use of properly prepared profit and
loss statements and the parties may renegotiate the terms of this lease for an extended period of time
on an annual basis (see Paragraph 12)._
In addition to the consideration' recited above, Operator shall, during the original term' and any,
extended terms provided for in Paragraph 12, serve as the County's agent and oversee the repair and
maintenance of the landing field, runways, aprons, taxiways, sewage and water facilities, flood
lights, beacons, control towers, signals and conveniences for flying, landing takeoffs, including'
general, supervision over the public works employees engaged in maintenance, and repair activities
these expenses when authorized by Owner, will be the Owners expense:-
As further additional consideration for this lease, Operator shall during the original term or an
extended term as provided for in Paragraph 12, serve as the County's agent forthepurpose of prohibiting
unauthorized aeronautical activities at the airport.
21. Owner /Airport Committee /County Manager /Operator Relationships. Owner has a duly appointed
airport committee and a county manager. Operator agrees to deal with the Owner through the following
channels: first, through the Airport Committee when practicable; second, with the County Manager; and
third, with the Board of Commissioners. Alterations, additions or improvement to the airport, to be
paid for by the Owner, are subject to the limitations and provisions made in the budget ordinance and
shall be subject to specific approval by the County Manager.
22. Operator /Public Relations; Administrative Review by Airport Committee and Owner. Any person
who excepts or objects to the Operator's authority to prohibit unauthorized aeronautical activities as
provided for in Paragraph 20, or to other action taken by him pursuant to this Lease, may appeal the
Operator's decision to the Airport Committee. The Airport Committee shall set a time for hearing the
appeal which time shall be no more than ten (10) days after notice of the dispute is given to it by the
aggrieved party or as soon thereafter as is practicable. After a decision is made by the Airport
Committee, either the Operator or the other aggrieved party may appeal within ten (10) days thereafter
to the Onwer. The Onwer shall hear the appeal at the first regular meeting of the board following
receipt of a notice of appeal or as soon thereafter as practicable. The Operator's decision on an
issue shall be binding until the time for appealing the Airport Committee's decision has expired or
until the Owner makes its decision regarding the matter, whichever first occurs. The Operator is
not an agent of the Owner for any metter except as provided for in Paragraph 20 and nothing contained
in this document shall be given that interpretation. Operator as a fixed base operator is an
independent contractor whose decisions, insofar as they affect the public and are made pursuant to
Operator's rights under this lease, shall upon application of any person as provided for herein be
subject to administrative review by the Owner to determine whether or not federal, state and local
laws and regulations are being followed and enforced by the Operator. A failure by the Operator to
abide by a final administrative order of either the airport committee or the Owner shall be a breach
of this lease. The administrative remedy set forth in this lease shall be be exclusive. If the
Owner by ordinance adopts either this procedure or an alternate procedure then such ordinance may
require exhaustion of administrative remedies before application is made to the Court for relief. A
notice shall be sufficient if actually received or given by any method recognized by the North Carolina
Rule of Civil Procedure.
23. Termination - For a violation of the provisions of Paragraph 19, this lease shall terminate
as provided for therein; otherwise, this lease shall terminate upon breach of any other condition of
this lease by either party which remains uncured for more than thirty (30) days after written notifica-
tion of breach by party not in default, immediately upon bankruptcy of the Operator, or upon expiration,
whichever first occurs, provided, however, this lease shall terminate immediately upon more than
one breach of the same condition in this lease during any twelve month period ending on October 31.
Upon termination of the lease, the Operator agrees to immediately vacate said premises.
24. Special Termination Provision. The following described portion of the demised premises may
be terminated by the County without cause, upon thirty days notice in writing by regular or certified
mail addressed to Harnett Aviation, Inc., 307 South Railroad Street, Dunn, North Carolina 28334:
Being a 2.13 acre portion of Airport property lying South of the exis.titgterminal
building and more particularly described as follows:
Starting at the concrete monument in the northern property line of the Harnett
County Airport, a common corner with R.D. Lee property and D. E. Lassiter, Jr.
property, and running tence South 80 deg. 54 min. East 495.69 feet to the
BEGINNING point and running thence South 45 deg. East 200 feet to a corner
(said corner located North 45 deg. West 350 feet from Station No. 42 + 25.5 of the
airport runway); thence North 45 deg. East 465 feet to a corner; thence North 45 deg.
West 200 feet to a corner; thence South 45 deg. West 465 feet to a corner, and con-
taining 2.13 acres, more or less. Said lands are a portion of the airport property
shown on a map entitled "Harnett County Airport, Property Map, Exhibit A" recorded
in Plat Cabinet 1, Slide 205, Harnett County Registry.
25. Weather Reporting Equipment. Pursuant to Paragraph 13, Grant Agreement between the North
Carolina Department of Transportation and the Owner, Owner delegates to Operator the control, custody,
care, use and operation of weather reporting equipment on loan to owner and more particularly described
in said Grant Agreement; that the terms and conditions in said Grant Agreement are incorporated herein
by reference and are binding upon Operator, it's agents and employees.
26. Non - Directional Beacon - Purusant to lease agreement with Stacy Andrew Williams and wife,
Judy Norris Williams on a .96 acre tract of land located in Grove Township ypon which has been
constructed a non - directional beacon to serve as navigational aid to Harnett County Airport and;
pursuant to maintenance agreement by properly licensed technician; Owner delegates to Operator the
control, custody, care, use and operation of this equipment and land as a remote but integral function
of the airport and airport facilities to be maintained as provided in Paragraph 20.
Executed in Duplicate, this the 31st Day of October, 1983.
COUNTY OF HARNETT
BY: s /Lloyd G. Stewart
Vice Chairman
Secretary - Treasurer
AMENDMENT NO. '1
Transfer -of Ownership of Operator'.- It is contemplated by the parties that the present stockholders
of the Operator will continue to own, operate and manage said Operator, during the term of this lease.
Therefore, should the present stockholders -of the Operator sell, convey or transfer in any manner to
any parties more than 490 of -the corporate stock of the Operator, or cause the controlling interest in
said Operator to be transferred, in any manner, from them, then the Owner shall have the option to
terminate-the lease as provided for herein.
Commissioner Collins made a motion that the following refunds be
the motion and it carried: * REFUNDS RE:'AIRPORT HANGARS
approved;
Commissioner Shaw seconded
Refund to Dr. Donald Moore, Coats, NC 27521, in the amount of $55.61 contract on airport hangar
was amended.
Refund to Keith Finch, 400 S. Orange Avenue, Dunn, NC, "in the amount of $57.54
hangar was.;, amended.
contract on airport
Refund to Dr. C. E. Roberts, Box 190 Dunn, NC, in the- amount of $55.61, contract on airpor
was "amended.
Mr. "Phelpsreported to the Board that it is Mr.
the railroad suit Monday. * RAILROAD SUIT
organ's
ecommendation that
k
hangar
he County intervene into
H. Brock, County Manager, informed the Board that the terms of Ed Bain, Larry Smith, and C. P. Stewar
an the Industrial Facilities and Pollution Control Financing Authority had expired. Commissioner Brock
introduced the following resolution reappointing these persons to the Authority:
RESOLUTION APPOINT.
COMM.'TO -HC IND
FACILITIES $'POLL.
CONTROL FINANCING
AUTHORITY
ED BAIN
C.P. STEWART
LARRY SMITH
RESOLUTION APPOINTING COMMISSIONERS TO THE HARNETT COUNTY INDUSTRIAL
FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY
BE IT RESOLVED by the Board of Commissioners for the County of Harnett:
Section 1. The Board of Commissioners has determined and does hereby decla
e
(a) That under and- pursuant to the provisions of Chapter 159C of the
General Statutes of North Carolina, as amended (the "Act"), the County created
the Harnett County Industrial Facilities and Pollution Control-Financing-Authority.
(b) That in accordance with Section 159C -4 of the Act seven commission
ers were appointed to the Authority on August 8, 1977, two for initial terms of
two years each,. two for initial terms of four years each, and three for initial
terms of sex years each
(c) That the terms of office of commissioners Ed Bain, Larry Smith, a
C. P. Stewart expired on December 15, 1982.
(d) That the County Board of Commissions
three commissioners to the Authority.
s has determined to appoin
Section 2. Ed Bain, who- resides at 813 Main Street, . Lillington, North
Carolina; C. P. Stewart, .who resides at Route 3, Lillington, North Carolina; and
Larry Smith who resides at 402 S, Eighth St., Erwin, North Carolina, are hereby
appointed members of the Board of Commissioners of the Authority for terms expiring
December 15, 1988, to secceed Ed Bain, Larry Smith, and C. P.- Stewart whose terms
expired on December 15,1982.
Each of the newly appointed Commissioners is a qualified elector and resident'
of Harnett County, and each shall continue in office for his term of office or .
until his successor shall be duly appointed and qualified, all in accordance with
Section 159C -4 of the Act.
Section 3. This resolutio
shall take effect immediately upon its passage..
j37
Commissioner Bill Shaw moved the passage of the foregoing resolution entitled:
"RESOLUTION APPOINTING COMMISSIONERS OF THE HARNETT COUNTY INDUSTRIAL FACILITIES
AND POLLUTION CONTROL FINANCING AUTHORITY" and Commissioner Collins seconded the
motion, and the resolution was passed by the following vote:
AYES: Commissioners Stewart, Brock, Shaw, and Collins
NOES: None
ABSENT: Commissioner Jesse Alphin
ADJOURNMENT There being no further business, the Harnett County Board of Commissioners
meeting of October 28, 1983, duly adjourned at 4:35 p.m.
L oy G. Stewart, Vice Chairman
,t1/
ollie J
GJarh
Secretary
,
anessa W. Young,
V g u. rk