10201981664
HARNETT COUNTY BOARD OF' COMMISSIONERS MEETING, OCTOBER 20, 1981
The Harnett County Board of Commissioners met in regular session on
Tuesday, October 20, 1981, in the Commissioners Room, County Office
Building, Lillington, North Carolina, with the following members
present: Lloyd G. Stewart, M. H. Brock, Bill Shaw, Rudy Collins, and
Chairman Jesse Alphin presiding. Vanessa W. Young, Clerk to the
Board, and Edward H. McCormick, County Attorney, were also present.
CALL TO ORDER Chairman Jesse Alphin called the meeting to order at 7:30 p.m.
PRAYER Commissioner Lloyd G. Stewart led the evening prayer.
MINUTES APPROVED The minutes from the Harnett County Board of Commissioners meeting of
October 5, 1981, were approved as read.
CABLEVISION M. H. Brock, County Manager, informed the Board that today was the
PROPOSALS deadline to receive proposals from companies who are interested in
obtaining a franchise to operate and maintain a cablevision system in
the County. Mr. Brock stated that he had received two proposals: one
from North Carolina Commmunications, Inc., and one from Compass Cable
T. V. of North Carolina. Mr. Brock continued to explain that Mr. Glenn
Johnson was here representing Future Cablevision of North Carolina.
Mr. Johnson appeared before the Board and explained that the Vice
President with Future Cablevision had reservations to fly down to
North Carolina to hand deliver their proposal today, but he was bumped
out of his flight because of the problems from the air traffic con-
trollers strike. Mr. Johnson respectfully requested that.the Board
extend the deadline to accept the proposals. Following a discussion of
this matter, Commissioner Collins made a motion that the deadline to
receive cablevision proposals be extended to Wednesday, October 21,
1981, at 5 p.m. Commissioner Shaw seconded the motion and it carried.
Helen Crews, Director of the Harnett County Department of Social
Services, appeared before the Board and requested that her budget be
amended by $4,248 to reflect an additional allocation from the State
for last year's expenditures for the Low Income Energy Assistance
Program. Following a discussion of this request, Commissioner Brock
made a motion that Code 610 -002, Salaries and Wages, be increased
by $4,248, Commissioner Stewart seconded the motion and it carried.
Commissioner Collins moved for the adoption of the following resolution,
Commissioner Shaw seconded the motion and it carried with a unanimous
vote:
BUDGET
AMENDMENT
SOCIAL SERVICES
STANDARD FORM
FOR LEASE OF
HANGAR SITES
APPROVED
BE IT RESOLVED by the Board of Commissioners of Harnett County that the
following is approved as a standard form for lease of hangar sites at the Harnett
County Airport. All former Leases using this format are hereby ratified and affirmed:
NORTH CAROLINA
HARNETT 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 "Lessor ", and , of County, State of
North Carolina, hereinafter referred to as "Lessee ".
The parties recite and declare that:
A. Lessor is the owner of an airport known as the Harnett County Airport
located in the eastern part of Harnett County, between the Village of Buies Creek
and the Town of Erwin, south of U. S. Highway #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, herein referred to as the Harnett County Airport.
B. Lessee desires to construct, maintain, and use a Hangar at the airport,
together with the right to assign Lessee's rights to the Hangar.
C. Lessor is willing to lease to Lessee a portion of the airport premises
for such use, together with such rights and privileges as are set forth in this
agreement.
D. The term Lessee as used in this Lease includes the concept of "Operator"
or'Fixed Base Operator" when the Lessee rents the Hangar to the general public.
E. The premises leased under the Lease are more particularly described as
follows:
NOW, THEREFORE, for the material consideration hereinafter stated, the Lessor
does hereby demise and lease unto Lessee and Lessee does hereby hire and rent
from the Lessor all that portion of the said Harnett County Airport hereinabove
described, all upon the following terms and conditions, to wit:
1. LESSEE TO CONSTRUCT HANGAR; OWNERSHIP TO COUNTY
Lessee, at Lessee's expense, may construct or install in or on the space leased to Lessee
hereunder a Hangar and related improvements that it shall determine to be necessary for use in
connection with the use hereinafter defined, provided, however, that such Hangar shall be built in
accordance with applicable laws and County Ordinances. Lessor shall have the right to inspect the
plans and specifications of such Hangar prior to construction and to refuse to permit such construction
if the external appearance thereof does not meet Lessor's reasonable requirements for substantial
uniformity of appearance of all buildings and structures on the airport, or if the type of construction
or installation or the location thereof did not meet Lessor's reasonable requirements for the safe use
of the airport.
No restrictions shall be placed on Lessee as to the architects, builders, or contractors
who may be employed by Lessee in connections with the construction, alteration, modification, repair,
or maintenance of any such Hangar or related structures, or improvements.
In addition to other laws and ordinances in effect, the Lessee shall comply with all applicable
provisions of County Ordinance with respect to Hangar Construction to include Section 5, Performance
Bond; Section 6, Design and Construction Standards; Other Structures; Section 9, Insurance; Section 18,
Construction and Rental of Hangars of an Ordinance entitled "An Ordinance Establishing Minimum
Standard for Fixed Base Operators of Harnett County Airport" and to include all of the provisions of
an ordinance entitled "An Ordinance establishing Minimum Standards for Construction of Hangars at
Harnett County Airport ".
A failure to complete construction on a Hangar on the demised premises within one year from
the date this Lease is executed, a failure to construct according to standards, or a failure to get
Lessor's approval, or a failure to comply with all ordinances and requirements of Harnett County with
respect to Hangar construction, shall be a breach of this Lease.
The County shall own the Hangar.
2. TERM
The term of this Lease shall be for a period of twenty years, commencing upon completion of
construction of the Hangar building on the demised premises, or until 21 years from the date Lessor
acknowledges execution of this instrument, whichever first occurs.
3. CONSIDERATION
The construction of a Hangar as provided for in paragraph one above shall be full considera-
tion for this Lease for the twenty year term.
4. PURPOSE FOR WHICH THE DEMISED PREMISES MAY BE USED
As provided for in the aforementioned ordinance establishing minimum standards, Section 18,
the Hangar constructed by Lessee on the demised premises shall be used for the storage of airplanes
only.
If the Hangar is rented to the public by Lessee, which use is hereby authorized, such use shall
be a "miscellaneous operation" within the meaning of Section 17 of said ordinance fixing minimum
standards for fixed base operators and the provisions of said ordinance shall apply to Lessee as
a fixed base operator.
See in this Lease paragraph 13, HOURS OF OPERATION, paragraph 4, USE FOR BENEFIT OF THE
PUBLIC; RATES CHARGES, ETC. and paragraph 15, DISCRIMINATION PROHIBITED, which provisions apply only
if Lessee is renting Hangar space to the public.
5. RIGHTS NOT EXCLUSIVE
The rights of a fixed base operator for the purpose of renting Hangar space is not exclusive
and such rights may be granted to others on other portions of the Harnett County Airport.
6. DUTY TO CLEAN, ETC.
The Lessee shall at all times keep the leased premises clean and free from rubbish, in a
neat and presentable manner. The Lessee shall remove all wrecked, dismantled or junked aircraft from
the leased premises. Lessee shall keep the grass growing in or outside of the Hangar in a neat and
presentable manner.
7. REPAIRS AND MAINTENANCE, BUILDING AND GROUNDS
The operator shall make all repairs and maintenance on the Hangar building constructed by
Lessee on the leased premises and generally keep the Hangar building and grounds in good condition and
in keeping with established minimum standards; the grounds shall be landscaped in a presentable manner
and shall have either a permanent surface (such as concrete) or a lawn of neat and presentable appear-
ance.
8. OTHER FIXED BASE OPERATORS
The terms and conditions of this agreement shall not prevent the Lessor 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.
666
. FORCE MAJEURE
If during this agreement,
possession of the premises herein
effective during the term of this
be terminated or may be suspended
the Lessee may resume his tenancy
been enjoyed by the Lessee.
10. ALTERATIONS, ADDITIONS OR
the United States Government or any governmental agency acquires
leased by virtue of any laws now in effect or which may become
agreement, then this agreement at the option of the Lessee may
for the period the Lessee is deprived of the premises, and thereafter
and the agreement shall continue until the full term thereof has
IMPROVEMENTS
Lessee must first obtain the approval of the Lessor before making any alterations, additions
or improvements to or on the leased premises.
11. EFFECT OF OTHER AGREEMENTS
Lessee shall not enter into any transactions 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 with federal and state agencies. It is understood by the Lessee that this
Lease Agreement is subordinate to the terms and conditions of all deeds and agreements between the
Lessor and the United States relative to operations, maintenance and control of the airport.
12. ASSIGNMENT AND SUBLETTING
Assignment of Lease by Lessee shall be subject``to consent of the Lessor, which consent shall
not be unreasonably withheld.
13. HOURS OF OPERATION
Except during inclement weather, the Lessee, Operator, as a fixed base operator, agrees to
keep the leased Hangar facilities open to the public during regular business hours. Regular business
hours are from 8:00 a.m. to 5:00 p.m., seven days a week when Eastern Standard time is in effect and
from 8:00 a.m. until 7 :00 p.m. when Daylight Savings time is in effect.
14. USE FOR BENEFIT OF THE PUBLIC; RATES, CHARGES, ETC.
Lessee, as a fixed base operator renting Hangar space, shall operate for the use and benefit
of the public and 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. Rates and charges for such activities and services shall be fixed by the Lessee subject
to Lessor concurrence and approval of such rates and charges as to reasonableness. In the event of
disputes as to such reasonableness, final determination will be reserved to the Lessor. The channels
for approval of rates and charges begin with the Airport Committee and thereafter follow the procedures
set forth in paragraph 17. All services offered by the Lessee shall be performed with promptness and
courtesy.
15. DISCRIMINATION PROHIBITED
The Lessee, as fixed base operator providing Hangar space for rent, will not on the grounds
of race, color, or national origin, discriminate or permit discrimination against any person or group
of persons in any manner prohibited by Part 21 of the Department of Transportation Regulations.
16. INSURANCE
The Lessee shall maintain a fixed base airport liability insurance policy in limits of
$100,000.00 (One Hundred Thousand and 00 /100 Dollars) to $300,000.00 (Three Hundred Thousand and
00 /100 Dollars) bodily injury and $50,000.00 (Fifty Thousand and 00 /100 Dollars) property damage.
This shall :indemnify the Lessor for all claims brought against if for bodily injury and property
damage due to negligent or careless operations and use by the Lessee, and the Lessee shall file a copy
of this policy with the Lessor or shall provide Lessor with a current and valid Certificate of
Insurance. Lessee shall maintain necessary fire, theft and comprehensive insurance to cover
Hangar and other fixed assets of Lessor. Property owned by Lessee shall be insured by it and
Lessor has no responsibility for any loss sustained due to fire, theft, or other causes.
17. LESSOR /AIRPORT COMMITTEE /COUNTY MANAGER /AGENT RELATIONSHIPS
Lessor has a duly appointed agent, an airport committee and a county manager. Lessee agrees
to deal with the Lessor through the following channels: first, through the duly designated agent,
second, through the Airport Committee when practicable; thirdly, with the County Manager; and lastly,
with the Board of Commissioners. At this time, the county's agent for purposes hereinafter
described is Roberts Aviation Company and its rights and duties are set forth in a lease agreement
with it. Its authority as stated therein is substantially as follows:
"..(Roberts Aviation Inc.) 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 cif the landing
field, runways, aprons, taxiways, sewage and water facilities, flood lights, landing 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, (...Roberts Aviation, Inc.)shall during
the original term or an extended term ...serve as the county's agent for the purpose of prohibiting
6'
unauthorized aeronautical activities at the airport."
Agent, in addition to the foregoing authority, is hereby designated to control and designate
the route of egress and ingress across the Harnett County Airport to the demised premises, together
with the right to designate and control the use of locks to entranceways to and existways from the
Harnett County Airport. Agent shall provide a means of egress and ingress at all reasonable times
to the Lessee. Agent is also authorized and empowered, on behalf of the County, to enforce the
terms of this Lease and the provisions of all ordinances relating to the Harnett County Airport.
The provisions of this paragraph shall apply to any successor to Roberts Aviations, Inc.
18. DECISIONS BY AGENT FOR COUNTY
If Lessee excepts or objects to the authority of Roberts Aviation, Inc.(or his successor),
hereinafter in this Lease called "Agent ", to prohibit unauthorized aeronautical activities and to
exercise the other authority as provided for in paragraph 17 above, or to other action taken by it
pursuant to the Lease between the agent and the County of Harnett, the Lessee may appeal the Agents
decision to the Airport Committee. The Airport Committee shall set a time for hearing an 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, the Lessee may appeal within ten (10) days thereafter to the Lessor. The Lessor shall
hear the appeal at its first regular meeting following receipt of a notice of appeal or as soon there-
after as practicable. The Agent's decision on an issue between the Agent and Lessee shall be
binding until the time for appealing the Airport Committee's decision has expired or until the Lessor
makes its decision regarding the matter, whichever first occurs. The Agent is not an agent of the
Lessor for any matter except as provided for in paragraph 17 above and nothing contained in this
document shall be given that interpretation. Agent as a fixed base operator is an independent
contractor whose decisions, insofar as they affect the public and are made pursuant to Agents rights
under a lease with the Lessor, shall upon application of any person affected by such decision
be subject to administrative review by the Lessor to determine whether or not federal, state and
local laws and regulations are being followed and enforced by the Agent. The administrative remedy
set forth in this Lease shall not be exclusive, but must be exhausted before relief if applied
for in the courts. If the owner by ordinance adopts either this procedure or an alternate procedure
then such ordinance shall apply and be followed by the parties to this Lease. A notice shall be
sufficient if actually received or given by any method recognized by the North Carolina Rules of
Civil Procedure.
19. COUNTY TAXES
Lessee shall be responsible for all ad valorem taxes due for Lessee's leasehold interest.
20. UTILITIES
During the term of this Lease, to include any extension, Lessee shall be responsible for
and shall pay all utility costs connected with the demised premises.
21. BREACH
Should either party violate any term or provision of this Lease, the party not in default
may immediately terminate the Lease, as provided for in Paragraph 22.
22. TERMINATION
This Lease shall terminate upon breach of any condition of this Lease by either party
which remains uncured for more than thirty (30) days after written notification of breach by party
not in default, immediately upon bankruptcy of the Lessee, 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 June 30. Upon termination of
the Lease, the Lessor agrees to immediately vacate said premises.
23. PARTY WALLS
Any wall built upon a boundary of the foregoing described Hangar lot shall be and is hereby
declared to be a party wall. Any transfer of the foregoing lot shall be subject to rights acquired
in the party wall by the owner or owners of the adjacent Hangar lot. Lessee expressly agrees to
permit an adjacent owner to build to a wall of his Hangar located upon a boundary line between Hangar
lots upon payment of one -half the actual cost of the wall at the time it was built.
24. HANGAR SET BACK LINES
There are no set back requirements between designated Hangar lots; otherwise, all Hangars
shall be constructed at least 10 feet from the Hangar lot boundary line.
25. RESTRICTIVE COVENANTS
Lessor intends to have uniform requirements for set back line, party walls, and other
similar restrictions, made applicable to all Hangar sites on airport property; Lessee convenants
that the restrictions set forth in paragraph 23 and 24 shall run with the land and be binding upon
Lessee's successors and assigns and that a violation shall constitute a breach of this Lease
Agreement. Lessee agrees, upon request of Lessor, to join in the execution of a document declaring
these restrictions on use, as set forth above, and further agrees that Lessor any any Lessee of
a Hangar site from the Lessor may enforce the foregoing provisions relating to Hangar walls and
Hangar set back lines in any court having jurisdiction.
EXECUTED IN DUPLICATE, this the day of , 19
BY:
ATTEST:
Clerk to the Board
COUNTY OF HARNETT
Chairman of the Board
(SEAL) BY:
ATTEST:
Secretary of Corporation
(Corporate Seal)
Officer of Corporation
(SEAL)
Individual Lessee
LEASE OF HANGARS Upon motion of Commissioner:: Brock, seconded by Commissioner Stewart, the
TOMAHAWK FARMS following resolution was unanimously adopted:
Be It Resolved by the Board of Commissioners of Harnett County that the County
of Harnett grant aatandard Lease of Two Hangar Sites to Tomahawk Farms, Inc.
The Chairman, Jesse Alphin; and theClerk to the Board, Vanessa W. Young, are
hereby authorized to execute said lease in standard form.
BUILDINGS & M. H. Brock, County Manager, and Commissioner Bill Shaw gave a progress report
GROUNDS REPORT on the Buildings and Grounds Program. Mr. Brock informed the Board of the
followings 1) The Classroom that CCTC had been using has been moved to the County
Garage and the Sanitation Officers Program is now operating out of it, 2) The
terminal building at the Airport is completed except for a few items on the
checklist. The formal opening of the Airport has been set for November 21, 1981,
3) A fence has been put up between the Food Stamp Office and Mrs. Hudson's
property, 4) All three of the Landfills for the first time received Grade A
Inspections, 5) Carpet will be put in the District Court Room, 6) The floor in
the Veterans' Office needs to be repaired, 7) The Communications Center is in
operation, but the County has not received all of the equipment, and 8) The
insurance on all the County buildings has been renewed at the toatl of
$3,782,240.
ADJOURNMENT There being no further business, the Harnett County Board of Commissioners
meeting of October 19, 1981, duly adjourned at 8:45 p.m.
/WDd (((Jade
Secretar
airman
Clerk
l