HomeMy WebLinkAbout10.9.18 PACKET.redNANTUCKET MEMORIAL AIRPORT COMMISSION
October 9, 2018
Agenda
1. Announcements
a. This Meeting is Being Both Audio & Video Recorded
2. Review and Approve:
a. Agenda
b. 9/11/18 Draft Minutes
c. Ratify 9/26/18 and Approve 10/10/18 Warrants
d.100918-1 Notice of Lease - Airport Gas Station Inc
3. Public Comment
4. Pending Leases/Contracts as Set Forth on Exhibit 1, which Exhibit is Herein Incorporated by Reference
5. Pending Matters
a.011315-2 General Fund Repayment Proposal and Discussion of In-Kind Services
b.050916-1 Crew Quarters Development
c.081418-6 N119RW Violation Appeal
6.091217-2 Hangars & Tie Downs
a.Hangar and Tie-Down Rental Policy
b. Draft General (Common) Hangar Lease Agreement
c. Draft Secondary Hangar Lease Agreement
d. Draft T-Hangar Lease Agreement
e.091118-1 Rates & Charges - Proposed T-Hangar Rent
7. MassDOT Grant Award/Grant Assurances
a.100918-2 AIP 68 - Install Emergency Backup Generator - $21,250
b.100918-3 AIP 69 - Environmental Study (EA/EIR) - $26,415 -Pending
8.100918-4 Declaration of Surplus Property - 143 Old South Road
9. Manager’s Report
a. Project Updates
b. RFP/Bid Status
c. Operations Update
d. Statistics
e. Personnel Report
10. Commissioner’s Comments
a.100918-5 Commissioner Airport Email Addresses
b.100918-6 2019 Commission Meeting Dates
11. Public Comment
12. Executive Session – G.L. c.30A, §21 (a)
a.Review ES minutes of 5/28/13, 9/10/13, 1/14/14, 2/25/14, 3/11/14, 3/25/14, 6/24/14, 4/14/15, 5/12/15, 8/11/15,
9/8/15, 12/8/15, 2/9/16, 9/13/16, 12/13/16, 1/10/17, 5/11/17, 6/13/17, 7/11/17, 8/8/17, 9/12/17, 10/10/17,
11/14/17, 12/12/17, 1/9/18, 2/13/18, 3/16/18, 4/10/18, 5/8/18, 6/12/18, 6/29/18, 7/10/18, and 8/14/18 for possible
release; and 9/11/18 for review and possible release, and
b.Clause 6: To consider the lease value of various leases. The Chair has determined that an open session may have
a detrimental effect on the negotiation position of the Airport Commission.
c.Clause 3: To discuss strategy with respect to pending litigation in respect to Airport Improvement Plan (AIP)
projects. The Chair has determined that an open session may have a detrimental effect on the litigation position
of the Airport Commission.
d.Clause 3: To discuss strategy with respect to pending litigation in respect to the Airport’s Minimum Standards.
The Chair has determined that an open session may have a detrimental effect on the litigation position of the
Airport Commission.
Public Safety Facility
1st Floor Meeting Room
4 Fairgrounds Road
5:00 PM
Town of Nantucket
NANTUCKET MEMORIAL AIRPORT
14 Airport Road
Nantucket Island, Massachusetts 02554
Thomas M. Rafter, Airport Manager Commissioners Phone: (508) 325-5300 Daniel W. Drake, Chairman Fax: (508) 325-5306 Arthur D. Gasbarro, Vice Chair
Anthony G. Bouscaren Andrea N. Planzer Jeanette D. Topham DRAFT AIRPORT COMMISSION MEETING
September 11, 2018
The meeting was called to order at 5:00 pm by Chairman Daniel Drake with the following Commissioners present: Arthur Gasbarro, Andrea Planzer, Tony Bouscaren, and Jeanette Topham.
The meeting took place in the 1st floor Community room at the Public Safety Facility, 4 Fairgrounds Rd. Nantucket MA.
Airport employees present were: Thomas Rafter, Airport Manager, Noah Karberg, Assistant
Airport Manager, David Sylvia, Safety & Compliance Officer, Jamie Sandsbury, Business &
Finance Manager, Janine Torres, Office Manager and Katy Perales, Administrative Assistant.
Before beginning the meeting Mr. Drake led the Commission in a moment in silence for
remembrance for the tragedy that happened on September 11, 2001.
Mr. Drake announced the meeting was being audio and video recorded.
Mr. Drake asked for comments on the Agenda; hearing none, the Agenda was adopted.
Mr. Bouscaren made a Motion to approve the draft minutes dated 8/14/18. Second by Ms. Planzer and Passed unanimously.
Ms. Topham made a Motion to ratify the 8/22/18 and approve the 9/12/18 Warrants. Second by
Mr. Bouscaren and Passed unanimously. Public Comment
None
Pending Leases/Contracts – Mr. Rafter presented for approval the following contracts:
Nantucket Electric Company – Lease agreement was not presented or reviewed.
Franklin Paint- Contract to purchase paint striper for the Maintenance Department in the
amount of $18,570. This is a capital expense.
Hortonville Consulting LLC- Three year contract for professional training services for
Aircraft Rescue Firefighters. This is an operating expense.
Mr. Gasbarro made a Motion to approve the contracts as presented, Second by Ms. Topham and Passed unanimously.
9/11/18 Airport Commission Meeting Page 2 of 5
Pending Matters – Mr. Rafter reported on:
011315-2 General Fund Repayment Proposal and Discussion of In-Kind Service- the
Finance Department continues to prepare the appeal of the FAA’s decision to disqualify some of the items as ineligible.
050916-1 Crew Quarters Development- Town Finance Director is waiting for a response from Bond Counsel to determine if bonds can be used for employee housing
projects. Airport Administration is beginning to develop a cost estimate for the project.
081418-5 Ratify TSA Other Transactional Agreement “Baggage Belt Reimbursement”- $259,344 The Transactional Agreement for partial reimbursement of the terminal’s baggage belt was received and signed by Chairman Drake in order to process in a timely manner. The funding
received is 23% of the total originally expended by the Airport. Future FY Senate & House Appropriations are anticipated for additional reimbursements.
Ms. Planzer made a Motion to ratify the TSA Other Transactional Agreement “Baggage Belt Reimbursement” in the amount of $259,344, Second by Mr. Bouscaren and Passed unanimously.
091217-2 Hangar and Tie-Down Rental Policy Ms. Planzer recused herself from the Hangar Discussion and left the table.
Mr. Rafter presented the following:
Hangar and Tie-Down Rental Policy- Draft policy that covers Common Hangar, T-Hangar,
and Tie-Down rentals.
Draft General Hangar Lease Agreement- month to month lease agreement for Common
Hangar space rental.
Draft Secondary Hangar Lease Agreement- Short term licensing agreement for Common Hangar rental.
Draft T-Hangar Lease Agreement- Lease agreement for individual T-Hangar tenants
091118-1 Rates & Charges - Proposed T-Hangar Rent listed at $450 a month. This is the only change listed to the proposed Rates & Charges. Public Hearing will need to be held
to formally make changes. T-Hangar and Common Hangar tenants shared public comment on the importance of the rates
being low to support general aviation on Nantucket and the ability for the existing subtenants to be able to rent a T-Hangar under the new proposal. They addressed questions to the Commission
on the basis of the fee structure for the Common Hangar and T-Hangar Leases. It was also
brought up that it would be helpful to have a reasonable amount of time to obtain an aircraft if selected from the waitlist for a hangar space. The speakers included: Mr. Cheney, Mr. Planzer,
Mr. Drabkin, and Mr. Marks.
Mr. Gasbarro commented that the pricing change will need to go through the public hearing
process, hangars should be used for airplane storage, would like to see preference be given to Nantucket residents, and would like to understand the rational for hangar pricing proposed. Mr. Gasbarro requests that Airport Council be contacted to find out more information on the
possibility of preference given to Nantucket residents on the wait list. Mr. Drake commented that he is concerned about Hangars being rented and left empty and also
would like to see preference given to Nantucket residents.
9/11/18 Airport Commission Meeting Page 3 of 5
091118-2 Grant Signing Letter of Authorization Ms. Topham made a Motion to approve the signing of The Letter of Authorization that allows the
Chairman, Mr. Drake, and in his place the Vice Chair, Mr. Gasbarro to sign on behalf of the entire Commission on Federal or State contracts, grants, and other agreements totaling $50,000 or
more, pertaining to projects previously approved by the entire Commission, Second by Mr.
Bouscaren and Passed unanimously. Manager’s Report – Mr. Rafter reported:
Project Updates
ALP Update (Geometry Analysis) – Consultant is looking at the recommendation by the
FAA to determine feasibility of the changes that are being proposed.
TNC/Ride Share- Vehicles will continue to use the designated area in the parking lot for these type services year round.
Hangar 5- Construction is complete and a site survey will be submitted by the tenant per the lease agreement.
Flat Roof Building/ Fly Blade- Alterations are complete and meeting is being scheduled
to discuss minor operational items. RFP/IFB Bid Status – Mr. Rafter reported the procurements being worked on include:
Sun Island RFP - one proposal was received for 0.5 acres of land. The proposal will be reviewed by an evaluation committee scheduled to meet later this month.
Fuel Supply/Fuel Farm Rehabilitation RFP is being developed.
ARFF Door Repair IFB- requests for bids are being advertised for a second time with a deadline of 9/20/18.
143 Old South Road Lot- Land Lease RFP is being developed.
Marine Lumber Operator Hangar option to extend lease is being discussed.
Operations – Mr. Rafter reported:
Labor Day Sales o gallons of fuel sold increased 6% from last year,
o fuel sales were up 18% from last year o total sales were up 10% from last year
Allies Air Freight facility is operational. Letters have been sent to Rectrix and Hyannis
Air Service (Cape Air/Nantucket Airlines) giving them a deadline of September 30, 2018 to discontinue freight operations through the terminal. Hyannis Air has communicated with Airport Administration that they would like to continue freight operations and will be
reviewing the Airports Grant Assurances as they relate to the matter.
Cape Air announced new air service from ACK to JFK once daily through the winter
beginning October 23, 2018 through mid-May. Flights will depart ACK at 9:44AM and
leave JFK at 12:00PM.
081418-6- N119RW- Mr. Walter Gezari the pilot of helicopter, N119RW was sighted by
Airport Administration for serious violations on 7/16/18. Mr. Gezari has been prohibited
from use of the Airport for safety reasons. He was scheduled to attend the Commission meeting tonight but was unable to do so due to weather.
After brief discussion, Ms. Topham made a Motion that Mr. Gezari remain prohibited from using the Airport until he is able to be physically present at an Airport Commission
meeting. Second by Mr. Bouscaren and Passed unanimously.
Mr. Drake instructed Mr. Rafter to call Mr. Gezari with those instructions.
9/11/18 Airport Commission Meeting Page 4 of 5
On August 18, 2018, an operations employee was towing an aircraft that struck another
aircraft. The accident has been investigated that the Airport is taking appropriate actions
against the staff members involved.
On August 25, 2018, an aircraft was taxiing on the grass that stuck another aircraft. This
incident is being investigated and did not involve any Airport personnel.
Statistics – Mr. Rafter reviewed the July 2018 statistics:
Operations are down 19.5% from July 2017.
Enplanements are up 6.75% from July 2017.
Jet A Gallons are down 6.5% from July 2017.
Jet A Gallons are up 19.5% from August 2017.
AvGas Gallons are up 9.66% from July 2017.
AvGas Gallons are up 12.6% from August 2017.
Freight is up 4.9% from July 2017.
59 Noise Complaint was filed for July 2018 compared to 25 in July 2017.
Personnel Report- Mr. Rafter Reported: Airport Administration is working with The Egan Group to possibly implement Leadership and
Management training.
Travel Request- AAAE Aviation Issues Conference, Maui, Hawaii- January 6-10, 2019 Mr. Rafter requests that the Commission allow him to attend the conference without using
personal/vacation time and the Airport will reimburse for the portion of the flight from ACK-BOS and BOS-ACK only.
Mr. Bouscaren made a Motion that Mr. Rafter be allowed to attend the conference as presented without using personal/vacation time and the Airport will reimburse for the portion of the flight
from ACK-BOS and BOS-ACK. Second by Ms. Planzer and Passed unanimously. Commissioners Comments Mr. Drake reported on attending the Massachusetts Airport Management Association (MAMA) conference in Martha Vineyard on September 9, 2018. He had a positive experience and felt that the information learned was beneficial. He found that there was low attendance by other airport
employees and Commissioners.
Public Comment
David Barrett, Nantucket Taxi owner, shared concerns regarding submitting written complaints to the Airport regarding potential taxi driver violations and not receiving a response. Mr. Rafter was
apologetic and will follow up.
Having no further business for Open Session, Ms. Topham made a Motion to go into Executive
Session, under G.L. Chapter 30A, Section 21A, not to return to Open Session, to review
Executive Session Minutes as enumerated on the Agenda; Clause 3: To discuss strategy with respect to pending litigation in respect to Airport Improvement Plan (AIP) projects. The Chair
has determined that an open session may have a detrimental effect on the litigation position of the Airport Commission; and under Clause 6: To consider the lease value of various leases. The Chair has determined that an open session may have a detrimental effect on the negotiation
position of the Airport Commission. Second by Mr. Bouscaren and Passed unanimously, by the following roll-call vote:
9/11/18 Airport Commission Meeting Page 5 of 5
Mr. Bouscaren – Aye
Mr. Gasbarro – Aye
Ms. Planzer – Aye Mr. Drake – Aye
Ms. Topham- Aye
Meeting adjourned at 6:05 pm.
Respectfully submitted,
___________________________________ Katy Perales, Recorder
Master List of Documents Used 9/11/18 Updated Agenda including Exhibit 1 (Handout)
8/14/18 Draft Minutes 8/22/18 Warrant Signature Page
9/12/18 Warrant Signature Page Franklin Paint, Inc. Contract
Hortonville Consulting, LLC Contract TSA Other Transactional
Draft Hangar and Tie-Down Rental Policy Draft General Hangar Lease Agreement
Draft Secondary Tenant Hangar License Draft T-Hangar Lease Agreement
Draft Changes for Nantucket Memorial Airport Rates and Charges Nantucket Memorial Airport Letter of Authorization for Grant Signing Authority
July 2018 Monthly Statistical Report AAAE Aviation Issues Conference Flyer
Exhibit 1
Pending Leases/Contracts/Agreements
10/9/2018
Type With Amount Other Information Source of Funding
5 Year Land Lease for Bunker Road
Plus $1500 Annual Business Fee
Approx. 13,000 Sq Ft - Zero Renewal Options
Task Order #10 Expires 6/30/2020
On-going PFC Administration Support
Develop PFC Application #2
Several Sessions Through 12/31/19
Pending
Lease Agreement Nantucket Electric Company ($28,600)Income
Provide Leadership Development, Coaching, Consulting and
Workshop Facilitation for Management Staff
Contract McFarland Johnson Inc $37,622 Operating
Contract The Egan Group $10,000 Operating
1 of 1
TASK ORDER
AUTHORIZATION
NO. MJ-N-10
PROJECT: Passenger Facility Charge Administrative Services (2018-2020)
Nantucket Memorial Airport
DATE OF ISSUANCE: October 1, 2018
PROJECT DESCRIPTION: The items of work to be accomplished under this Task Order include
the following and are further described on the attached Scope of
Work (five pages):
The CONSULTANT will provide assistance with the administration of
the Passenger Facility Charge program at the Nantucket Memorial
Airport from October 1, 2018 through June 30, 2020. The
CONSULTANT’S work shall be undertaken in accordance with the
attached Scope of Work.
METHOD OF COMPENSATION:
Not to exceed fee based on billing rates. See attached detail contained in the Scope of Work and
Fee Proposal.
AMOUNT OF COMPENSATION:
The maximum amount to be paid to the CONSULTANT by the SPONSOR under this Task Order shall
be Thirty Seven Thousand Six Hundred Twenty Two Dollars and No Cents ($37,622.00) unless this
Task Order is amended in writing and agreed to by the SPONSOR and CONSULTANT.
The Agreement for Professional Engineering Services between the Nantucket Memorial Airport
Commission (the "SPONSOR") and McFarland-Johnson, Inc. (the "CONSULTANT"), for Professional
Services at Nantucket Memorial Airport, dated April 20, 2017, shall govern all TASK ORDERS
executed under this Assignment, unless modified in writing and agreed to by SPONSOR and
CONSULTANT.
Approval Date
MJ Project # 18236.07
- 1 -
EXHIBIT A
Nantucket Memorial Airport
Scope of Work
Task Order No.: MJ-N-10
Passenger Facility Charge Administration Services (2018-2020)
Introduction
The project consists of assistance with the administration of the Passenger Facility Charge
(PFC) program at the Nantucket Memorial Airport. The services will commence October 1,
2018 and will extend through June 30, 2020. McFarland-Johnson, Inc. (CONSULTANT)
will provide assistance with monthly and quarterly reporting responsibilities as required
under 14 CFR Part 158, the development of PFC Application #2, as well as on-going
coordination and communication with the Town of Nantucket and the Nantucket Memorial
Airport Commission (SPONSOR) regarding the PFC program at Nantucket Memorial
Airport.
Scope of Work
The following tasks will be included in this project:
1. Project Administration
The focus of this task is to maintain effective communication with the SPONSOR, manage
the project budget, and coordinate the timing of tasks within the project to allow completion
within the project schedule. Specific subtasks will include:
• Preparation of a project plan and overall project schedule.
• One (1) kickoff meeting between CONSULTANT and SPONSOR will be conducted
at ACK.
• One (1) teleconference will occur between CONSULTANT, SPONSOR, and the
Federal Aviation Administration (FAA).
• Drafting of miscellaneous agency correspondence.
2. Selection of Future PFC Projects & Maintenance of Cashflow Projections
This task includes assisting the SPONSOR in identifying projects for inclusion in the PFC
program and maintenance of cash flow projections for PFC collections at ACK. Specific
subtasks will include:
• Review of the SPONSOR’S goals and Airport Capital Improvement Plan (ACIP) as
well as examine projects that have been completed in previous years, as applicable.
• Provide the SPONSOR with an opinion of PFC eligibility for projects considered for
inclusion in the PFC Program.
- 2 -
• Assist the SPONSOR in selecting a final list of projects for the PFC Notice of Intent
submittal.
• Update cashflow projections for each year of the PFC Program based on previously
approved PFC projects and those selected for a future Notice of Intent submittal.
Annual and quarterly enplanements forecasts will be utilized to identify anticipated
PFC collections at ACK.
3. Preparation of Notice of Intent Documentation
This task includes the preparation of documents required for one (1) PFC Notice of Intent
submittal to the FAA, as well as the required review of draft and final documents by the
SPONSOR, FAA, and other stakeholders. The PFC Notice of Intent will be completed in
accordance with 14 CFR 158.30, PFC Authorization at Non-Hub Airports. Per these
requirements, the following subtasks will be completed:
Airline Coordination: This subtask involves consultation with the airlines maintaining or
planned for a significant business interest at ACK regarding projects proposed for submittal
as part of a PFC Notice of Intent. Specifically, this subtask will include the following:
• Preparation of air carrier coordination letters to all air carriers with (or planned for) a
significant business interest at ACK and meeting the requirements for 14 CFR 158.
• Preparation of waiver documentation for classes of air carriers enplaning less than 1%
of total enplanements per the 2017 Air Carrier Activity Information System (ACAIS)
report.
• Preparation for and conducting of one (1) air carrier coordination meeting at the
SPONSOR’S offices. CONSULTANT will develop a presentation adhering to the
requirements of 14 CFR 158 and will present to representatives of air carriers that
attend.
• Respond to and address comments received during the air carrier coordination period.
• Documentation of results of the air carrier coordination effort for use in the PFC
Notice of Intent.
Public Coordination: This subtask involves public coordination and solicitation of
comments on projects and includes the following:
• Prepare public notice documentation for placement on the SPONSOR’S website
and/or in the local newspaper of record. CONSULTANT will provide public notice
documents to SPONSOR for placement on the SPONSOR’S website.
• Respond to and address comments received during the public coordination period.
• Document results of the public coordination effort for use in the PFC Notice of Intent.
Compilation of Draft and Final PFC Notice of Intent Documents: Using documentation
compiled through the previous tasks and subtasks, this subtask will result in the preparation
of the new PFC Notice of Intent request. As noted, the PFC Notice of Intent will be
completed in accordance with 14 CFR 159.30. The following items will be included in the
submittal:
- 3 -
• A completed FAA Form 5500-1, PFC Application (latest edition) without attachments
except as required below.
• Project information (in the form and manner prescribed by the FAA) including project
title, PFC funds sought, PFC level sought, project description and, if an existing
Airport Improvement Program (AIP) grant already covers a project, the grant
agreement number.
• If the proposed projects are not covered by an existing AIP grant, a description of how
this project meets the adequate justification of 14 CFR 158.17.
• A copy of all documents provided from and received by the SPONSOR during the air
carrier consultation and public comment processes (as defined by 14 CFR 158.23 and
.24) and the SPONSOR’S response to any disagreements.
• Attend one (1) conference call to review the draft Notice of Intent with the SPONSOR.
• Coordinate the submission of the draft Notice of Intent to the FAA for review.
• Respond to and address comments received on the draft Notice of Intent from the
FAA.
• Coordinate the submission of the final Notice of Intent to the FAA for review.
This subtask will also include the compilation of documentation regarding the status of the
Airport Layout Plan, environmental and airspace findings for each project. If these findings
have not been made yet, it will be noted accordingly. This subtask does not include the
completion of documentation for environmental reviews, the completion of airspace
analysis, or pen & ink changes to the approved Airport Layout Plan.
Notification of Acknowledgement by FAA: Upon receipt of a Letter of Acknowledgement
of the PFC Notice of Intent by the FAA, CONSULTANT will prepare the required
notification documents on behalf of the SPONSOR for transmittal to all air carriers
identified as reporting enplanements in the most recent ACAIS, including those where
participation in the air carrier coordination was not required. Notification documents will
also be prepared for transmittal to notify air carriers in classes identified in the Letter of
Acknowledgement as exempt from PFC collections.
4. Completion of Monthly & Quarterly Reporting
The CONSULTANT will receive monthly PFC data from the SPONSOR to enable the
CONSULTANT to prepare and submit quarterly reports to the FAA and air carriers serving
the Nantucket Memorial Airport as required by 14 CFR Part 158. The submission of the
quarterly report occurs through regular updates to the FAA’s Airports External Portal
(AEP). The CONSULTANT will notify the SPONSOR of the upcoming reporting
deadlines and will request data from the SPONSOR on PFC collections, interest earnings,
and disbursements completed for submission through the AEP. The CONSULTANT will
attend one (1) meeting at the Nantucket Memorial Airport with the SPONSOR to review
the monthly and quarterly reporting process, as well as to review findings anticipated as a
result of the annual audit. The meeting will also include review of procedures related to
recording of monthly/quarterly airline payments of PFCS and reports filed by the air
carriers to the Airport.
- 4 -
Schedule
The proposed schedule will include the administration of the SPONSOR’S PFC Program
through June 30, 2020. During this time, one (1) PFC Notice of Intent application is
anticipated for submission to the FAA. The schedule for the submission of documents will
be coordinated with the Airport and will be based on funding priorities at the time.
Assumptions
• PFC Notice of Intent will be prepared in accordance with 14 CFR 158.30. The
submission of a complete PFC Application (outside of a PFC Notice of Intent) will be
considered out of scope work and will be subject to a separate or supplemental
agreement.
• Any projects that will be considered “Impose Only” will require the submission of “Use
Only” documentation within three years of the start of PFC collections. The submission
of “Use Only” documentation will be considered out of scope work if completed after
the submission of the PFC Notice of Intent and will be subject to a separate or
supplemental agreement.
• All airline meetings will be conducted at ACK.
• Three (3) on-site meetings are identified in this Scope of Services. No meetings will be
included other than those specifically identified in this Scope of Services.
Consultant's Fee Proposal
TASK DESCRIPTION MJ HOURS TOTAL FEE
1.0 45 $7,293.00
2.0 46 $5,750.00
3.0 126 $17,386.00
4.0 51 $7,193.00
268 $37,622.00
MJ Labor, Overhead and Profit $33,758.00
MJ Expenses $3,864.00
Selection of Future PFC Projects & Maintenance of
Cashflow Projections
Preparation of Notice of Intent Documentation
MJ-N-10
Total
Completion of Monthly & Quarterly Reporting
October 1, 2018
Project Administration
Appendix 'A' Summary of Fees
Nantucket Memorial Airport
Nantucket, MA
Engineering Services For
Passenger Facility Charge Services
PLANNING
Page 1 of 5
Work Order No. MJ-N-10
Consultant's Fee Proposal ProjectPrincipal/RegionalOffice Sr. Project Sr. Project Sr. Env. Sr. Asst. / Jr. Sr. Admin.Manager Manager Engineer Engineer Planner Engineer Technician Profess.1.1 Project Administration 1 18 191.2 Kick-Off Meeting 2 24 260003004200045223.00$ 211.00$ 161.00$ 161.00$ 125.00$ 108.00$ 101.00$ 63.00$ -$ 633.00$ -$ -$ 5,250.00$ -$ -$ -$ 5,883.00$ TOTAL LABOR, OVERHEAD AND PROFIT 5,883.00$ SUBCONSULTANTS -$ -$ MJ EXPENSES 1,410.00$ Travel/Mileage/Rental Car/Gasoline/Airfare 800.00$ TOTAL 7,293.00$ Hotel/per diem 510.00$ Printing/Postage/Miscellaneous 100.00$ 1,410.00$ TOTAL EXPENSESTOTAL SUBCONSULTANTSTotal HoursHourly Billing RateDirect CostTask 1.0 Project AdministrationSub TaskDescriptionSubtotalsFEE SCHEDULE October 1, 2018Engineering Services ForPassenger Facility Charge ServicesNantucket Memorial Airport Page 2 of 5 Work Order No. MJ-N-10
Consultant's Fee Proposal Task 2.0 Selection of Future PFC Projects & Maintenance of Cashflow ProjectionsProjectPrincipal/RegionalOffice Sr. Project Sr. Project Sr. Env. Sr. Asst. / Jr. Sr. Admin.Manager Manager Engineer Engineer Planner Engineer Technician Profess.2.1 Identify Projects for PFC NOI 22 222.2 Develop and Maintain Cashflow 24 24000004600046223.00$ 211.00$ 161.00$ 161.00$ 125.00$ 108.00$ 101.00$ 63.00$ -$ -$ -$ -$ 5,750.00$ -$ -$ -$ 5,750.00$ TOTAL LABOR, OVERHEAD AND PROFIT 5,750.00$ SUBCONSULTANTS -$ -$ MJ EXPENSES -$ Travel/Mileage/Rental Car/Gasoline -$ TOTAL 5,750.00$ Hotel/per diem -$ Printing/Postage/Miscellaneous -$ Passenger Facility Charge ServicesFEE SCHEDULEEngineering Services ForNantucket Memorial Airport October 1, 2018Sub TaskDescriptionSubtotalsTotal HoursHourly Billing RateDirect CostTOTAL EXPENSESTOTAL SUBCONSULTANTSPage 3 of 5 Work Order No. MJ-N-10
Consultant's Fee Proposal ProjectPrincipal/RegionalOffice Sr. Project Sr. Project Sr. Env. Sr. Asst. / Jr. Sr. Admin.Manager Manager Engineer Engineer Planner Engineer Technician Profess.3.1 Airline Coordination58 583.2 Public Coordination12 123.3 Compilation of Draft and Final NOI 44 443.4 Notification of Acknowledgement 12 1200000126000126223.00$ 211.00$ 161.00$ 161.00$ 125.00$ 108.00$ 101.00$ 63.00$ -$ -$ -$ -$ 15,750.00$ -$ -$ -$ 15,750.00$ TOTAL LABOR, OVERHEAD AND PROFIT 15,750.00$ SUBCONSULTANTS -$ -$ MJ EXPENSES 1,636.00$ Travel/Mileage/Rental Car/Gasoline 800.00$ TOTAL 17,386.00$ Hotel/per diem 736.00$ Printing/Postage/Miscellaneous 100.00$ 1,636.00$ FEE SCHEDULEEngineering Services ForTask 3.0 Preparation of Notice of Intent DocumentationDescriptionSubtotalsPassenger Facility Charge ServicesNantucket Memorial Airport October 1, 2018TOTAL EXPENSESTOTAL SUBCONSULTANTSDirect CostHourly Billing RateSub TaskTotal HoursPage 4 of 5 Work Order No. MJ-N-10
Consultant's Fee Proposal ProjectPrincipal/RegionalOffice Sr. Project Sr. Project Sr. Env. Sr. Asst. / Jr. Sr. Admin.Manager Manager Engineer Engineer Planner Engineer Technician Profess.4.1Completion of Monthly & Quarterly Reporting35 354.2 Review Meeting16 16000005100051223.00$ 211.00$ 161.00$ 161.00$ 125.00$ 108.00$ 101.00$ 63.00$ -$ -$ -$ -$ 6,375.00$ -$ -$ -$ 6,375.00$ TOTAL LABOR, OVERHEAD AND PROFIT 6,375.00$ SUBCONSULTANTS -$ -$ MJ EXPENSES 818.00$ Travel/Mileage/Rental Car/Gasoline 400.00$ TOTAL 7,193.00$ Hotel/per diem 368.00$ Printing/Postage/Miscellaneous 50.00$ 818.00$ FEE SCHEDULEEngineering Services ForDirect CostPassenger Facility Charge ServicesNantucket Memorial Airport October 1, 2018Task 4.0 Completion of Monthly & Quarterly ReportingSub TaskDescriptionSubtotalsTotal HoursHourly Billing RateTOTAL EXPENSESTOTAL SUBCONSULTANTSPage 5 of 5 Work Order No. MJ-N-10
NANTUCKET MEMORIAL AIRPORT 14 AIRPORT ROAD NANTUCKET MA 02554
PAGE1
TOWN OF NANTUCKET
AGREEMENT BETWEEN
THE TOWN OF NANTUCKET
AND
THE EGAN GROUP
THIS AGREEMENT made effective ________________, 2018, by and between the TOWN OF
NANTUCKET, MASSACHUSETTS, a municipal corporation, acting by and through its
Nantucket Airport Commission, with offices at 14 Airport Road, Nantucket, Massachusetts
02554 (hereinafter called the "AIRPORT"), and The Egan Group whose principal office address
23 Cato Lane, Nantucket, MA 02554 and state of incorporation are as set forth on Exhibit A
(hereinafter called the "CONTRACTOR").
A. Whereas, the AIRPORT desires to engage the CONTRACTOR as an independent
contractor to perform the services set forth on EXHIBIT A, attached hereto (the "Services");
B. Whereas, the CONTRACTOR agrees to accept the engagement by the AIRPORT
in accordance with the terms set forth herein;
NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herein,
agree as follows:
1. The AIRPORT hereby retains the CONTRACTOR to perform the Services and
the CONTRACTOR agrees to perform the Services as provided herein. Any written or other
materials or intellectual property produced by the CONTRACTOR for the AIRPORT hereunder
shall be the property of the AIRPORT and, upon the expiration or termination of this Agreement
the CONTRACTOR shall deliver copies of the originals of all such materials, as well as notes,
work papers and the like, to the AIRPORT.
2. The term of this Agreement will commence on effective date above, and terminate
on December 31, 2019, or when the performance of the Services has been completed in a manner
reasonably satisfactory to the AIRPORT. The AIRPORT shall have the right to terminate this
Agreement at any time and for any reason upon written notice given to the CONTRACTOR.
3. The CONTRACTOR will perform the Services in a first class, professional
manner and in compliance with all applicable federal, state and local laws, regulations and
ordinances. The CONTRACTOR shall be subject to the administrative supervision of the
Nantucket Memorial Airport Commission, or its designee, who shall be responsible for
scheduling the work to be done by the CONTRACTOR on a daily or other basis. The
CONTRACTOR shall perform the Services in cooperation with AIRPORT personnel as
appropriate.
Contract No. __________ PO No. __________ Vendor No. __________
NANTUCKET MEMORIAL AIRPORT 14 AIRPORT ROAD NANTUCKET MA 02554
PAGE2
4. The AIRPORT will pay the CONTRACTOR compensation in the amount of
$10,000 as payment in full for the Services. This agreement may be subject to budgetary limits
and, in such case, the AIRPORT shall not be obligated to pay the CONTRACTOR any amount of
fees or expense in excess of $10,000 without the express prior written approval of the Nantucket
Memorial Airport Commission.
5. The parties acknowledge that the CONTRACTOR is an independent contractor
and not an employee of the AIRPORT. The CONTRACTOR shall not be entitled to any
employment fringe benefits to which AIRPORT employees are entitled.
6. To the extent permitted by the CONTRACTOR’S professional liabilities and/or
liability insurance, the CONTRACTOR agrees to indemnify and hold harmless the AIRPORT
and its agents, officers and employees from any losses, claims or costs, of whatever kind or
nature, suffered by the AIRPORT or any third party which result from, or are related to, the
performance (or failure to perform) by the CONTRACTOR of Services pursuant to this
Agreement. The CONTRACTOR shall obtain and maintain such polices of insurance, written by
companies licensed to do business in Massachusetts, as may be set forth on Exhibit A and shall
add the AIRPORT as an additional insured thereunder.
IN WITNESS THEREOF:
NANTUCKET MEMORIAL AIRPORT
COMMISSION:
___________________________________________
THE EGAN GROUP:
Daniel W. Drake, Chairman Date:
____________________________________
Date:
Marsha Egan
____Owner_________________________
Title:
__________________________________
_________________________________________
Date:
FEIN:
__________________________________
Funding Org/Obj:
____65482-53100_________
Date:
__________________________________
Approved as to Funds Available: Purchase Order # _____________________
Brian E. Turbitt, Director of Municipal Finance, or Bob Dickinson, Assistant Town Accountant
NANTUCKET MEMORIAL AIRPORT 14 AIRPORT ROAD NANTUCKET MA 02554
PAGE3
EXHIBIT A
1. Description of Services:
2. Other payment terms: $2,500 payment upon completion of each session
(November, January, May, September), submission of CONTRACTOR’S invoice
and approval of invoice by the AIRPORT.
3. Insurance Required (if any):
(a) Workers' Compensation, covering the obligations of the CONTRACTOR in
accordance with applicable Workers' Compensation or Benefits laws.
(b) Commercial General Liability Insurance on an occurrence basis with a combined
single limit of not less than $1 million. Coverage is to include premises and
operations, coverage for liability of subcontractors. The policy shall contain an
endorsement stating that the aggregate limits will apply separately to the work
being performed under this Agreement.
(c) Automobile Liability Insurance of not less than $1 million combined single limit
covering owned, hired and non-hired vehicle use.
(d) Errors and Omissions Insurance of not less than $1 million per claim.
(e) Such additional insurance as may be required to be carried by the
CONTRACTOR by law.
NANTUCKET MEMORIAL AIRPORT 14 AIRPORT ROAD NANTUCKET MA 02554
PAGE4
EXHIBIT B
TAX COMPLIANCE CERTIFICATION
Pursuant to M.G.L. 62C, §49A, I certify under the penalties of perjury that, to the best of
my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to
taxes, reporting of employees and contractors, and withholding and remitting child support.
Federal Employer Identification Number
The Egan Group by Marsha Egan
Name
Date:
NANTUCKET MEMORIAL AIRPORT 14 AIRPORT ROAD NANTUCKET MA 02554
PAGE5
CERTIFICATE OF NON-COLLUSION
The undersigned certifies under penalties of perjury that this bid or proposal has been made and
submitted in good faith and without collusion or fraud with any person. As used in this
certification, the word "person" shall mean any natural person, business, partnership, corporation,
union, committee, club, or other organization, entity, or group of individuals.
___________________________________
Signature of person signing bid or contract
_____The Egan Group______________
Name of Business
Nantucket Memorial Airport
Hangar & Tie-Down Rental Policy Effective date: ___________________
Applicability: This policy applies to Aircraft Owners that currently rent hangar or tie down space at ACK or that are interested in renting same at ACK.
I. Purpose.
This policy establishes guidelines for development of procedures to be implemented for
the renting of airport owned hangars and tie downs on ACK.
II. . Definitions.
1. Common Hangar – A hangar shared with other aircraft owners/operators in a single
common storage area. Storage and removal of aircraft require coordination with and possible assistance from airport operations. Available space within a common hangar may be allocated on a short term basis through a secondary license.
2. Exclusive Use hangar – Hangars owned by the airport that are leased on a long term
basis for exclusive use.
3. Primary Lease – Lease document that provides for rental of space in a common hangar under specified terms and conditions. 4. Right of First Refusal (ROFR) – Right provided to current users with valid, current
agreements for the option to enter an agreement with the airport, before the airport
offers the opportunity to a third party.
5. Secondary License – A document that permits the airport to allocate space within a common hangar on a short term basis as available. 6. T-Hangar Lease – Lease document that identifies the terms and conditions for
exclusive use for rental of a T-Hangar. No secondary licensing shall be permitted in
T-Hangars.
7. Tie Down – Designated area with anchors provided (ropes provided by aircraft owner) to minimize the possibility of movement of a parked, non-hangared aircraft due to high winds or prop wash.
8. Tie down Agreement – Agreement that establishes the terms and conditions for
rental of space, either on paved or grass surface for the purpose of securing aircraft
with tie downs paved or grass surface. 9. Wait List – A list that shall be maintained by the airport identifying the order of priority by which those who have expressed a formal interest in the renting of space
for storage of aircraft (Tie Down, Common Hangar or T-Hangar) shall be offered as
space becomes available. This list may not always be applied in a numerical order,
as aircraft characteristics may not be conducive to the type of space available. III. Background.
The Airport currently owns 7 hangars; 3 common hangars that accommodate various size
Nantucket Memorial Airport Hangar & Tie-Down Policy Page 2 of 3 September 2018
aircraft, 2 Exclusive Use Hangars rented for long-term intervals, and in November of this
year will acquire ownership of 13 nested T-Hangars that can accommodate single engine
and light twin piston aircraft. At various times, aircraft owners have a need to store their
aircraft inside and request hangar space. While some desire to rent/lease hangar space on annual basis, others may only need space for a short duration. Common hangars may be
used to accommodate short term needs, while T-Hangars shall be for exclusive use only.
There shall be no sharing or sub-leasing of any rented space.
Due to the limited capacity of hangar and tie down space, this policy has been developed
in an effort to make these facilities available to aircraft owners on a fair and reasonable
basis. Additionally, this policy has been developed with due consideration to the severe peaking demand at ACK.
Historically, airports have faced challenges with users storing various non aeronautical
items in areas designated for aeronautical use. This policy shall be consistent with FAA
policy on such activities. It is the intention of the Commission to ensure the aircraft storage
facilities are actively used for appropriate purposes, accommodating the peak/seasonal
nature of the island and Airport tenants. IV. Policy. 1. Allocation and Availability a. Hangars shall be made available to interested aircraft owners on a first-
come, first served basis subject to sufficient adequate space availability
as determined by the airport for particular types of aircraft. Tenants will be required to execute a written agreement with the airport that identifies
the terms and conditions of use for the hangar/tie down space.
Availability may be determined based on characteristics of the aircraft
such as, but not limited to, wingspan and tail height dimensions.
2. Wait List Process a. If demand exceeds capacity for hangar space, a wait list shall be
developed indicating the order in which space will be made available.
Generally speaking, existing users with current agreements, will have the
right of first refusal to remain in a particular hangar or tie down. Options
to obtain higher priority space will be made available to existing users with current valid agreements on a rotational basis, while wait listed
operators will be addressed on a seniority basis, subject to aircraft
characteristics.
b. The order of priority for renting hangar space or tie down space shall be
(highest to lowest): i. T- Hangar
ii. Common Hangar
iii. Paved Tie Down
iv. Grass Tie Down v. Waiting List
c. If incumbent users desire a change in their existing use, this must be
accomplished through the wait list process. Example: 1) A common
hangar tenant wishes to move into a T-Hangar. The tenant must be on
Nantucket Memorial Airport Hangar & Tie-Down Policy Page 3 of 3 September 2018
the waiting list and will be offered space in accordance with the process
identified above. 2) If a current, valid T-Hangar tenant wishes to move
into a common hangar, they must be on the waiting list and offered space
in accordance with process identified above. 3. Permitted Uses a. Hangar and tie down users must comply with FAA's policy regarding
storage of non-aeronautical items in airport facilities designated for
aeronautical use.
4. Term a. Agreements shall be for a one year period.
5. Rate Structure a. Rates shall be based on level of priority, type of aircraft and facility
amenities (heat etc.)
b. All users with a valid agreement shall be exempt from landing and ramp fees.
c. Vehicle Parking – one complimentary parking pass will be issued for each
agreement for parking in the designated area.
6. Non-conforming situations to which the policy cannot clearly address will be resolved at the determination of the Airport Manager with written appeal of that determination to the Airport Commission.
End.
By VOTE taken on September 11, 2018 _______________________________ ____________________________
Daniel W. Drake, Chairman Arthur D. Gasbarro, Vice Chair
_______________________________ ____________________________ Anthony G. Bouscaren, Commissioner Andrea N. Planzer, Commissioner
_______________________________
Jeanette D. Topham, Commissioner
{A0504684.1 } Page 1 of 11
GENERAL HANGAR LEASE AGREEMENT
Month to Month
This Lease agreement (the “Lease”) is made this 1st day of , 2018, by and between the Town of Nantucket acting by and through the NANTUCKET MEMORIAL AIRPORT COMMISSION, an agency
duly created by the Town of Nantucket, pursuant to the powers contained in Massachusetts General Laws,
Ch. 90, Sec. 51D, having an address of Nantucket Memorial Airport, 14 Airport Road, Nantucket MA 02554 (“LANDLORD”), and _____________________, having a principal mailing address
at ___________________________________ (“TENANT”). TENAT hereby leases the Premises
described below in accordance with the following terms and conditions.
ARTICLE ONE: BASIC INFORMATION
PREMISES: LANDLORD agrees to lease the Premises at TENANT’S facility known as Nantucket
Memorial Airport (the “Airport”). The Premises consists of general hangar space in Hangar #_ (____) at the Airport. LANDLORD leases the Premises to TENANT for parking of the following aircraft (the
“Aircraft”):
TYPE OF AIRCRAFT: _______________ AIRCRAFT # ________
HIGH OR LOW WING: __________ # OF ENGINES: Single ____ Multi ____
NAME REGISTERED WITH FAA: _____________
AUTOMOBILE LICENSE PLATE #: STATE _______ NUMBER _______
TENANT represents that the Aircraft is properly registered with the Federal Aviation Administration
(“FAA”), and is in airworthy and operable condition. On or prior to the Effective Date, as defined below, TENANT shall provide LANDLORD with a Certificate of Aircraft Registration for the Aircraft.
Notwithstanding anything to the contrary in this Lease, the Premises are hereby leased in an “as is”
condition without any representations or warranties whatsoever, express or implied, it also being expressly understood and agreed that LANDLORD is not obligated to install services or facilities in the
Premises beyond those now in place. TENANT assumes all risk of the use of the Premises and hereby
waives any and all claims and damage now existing or which may arise in the future with respect to the use of the Premises or damage or injury to the Aircraft or any person in connection with the use of the
Premises or any related facility owned by LANDLORD.
RENT: TENANT shall pay to LANDLORD during the term hereof, a monthly rent as delineated in the Airport’s Rates and Charges, as such Rates and Charges may be amended from time to time (the “Rent”).
ARTICLE TWO: SHARED USE OF THE PREMISES
TENANT agrees and acknowledges that LANDLORD may permit one or more other parties (each a
“Secondary Licensee”) to park an aircraft at the Premises, at LANDLORD’S discretion, at all times when
TENANT’S Aircraft is not parked at the Premises, subject to the following conditions:
{A0504684.1 } Page 2 of 11
a. LANDLORD shall cause the Secondary Licensee to vacate the Premises upon twenty-four (24)
hours telephone or email notice from TENANT that it desires to use the PREMISES.
b. Secondary Licensee’s use of the Premises shall in no way limit TENANT’S obligations under this LEASE, except that TENANT shall not be required to pay for the costs of any damage to the
Premises caused solely by the actions of the Secondary Licensee.
ARTICLE THREE: TERM
TERM: The term of this lease shall be for a period of one-month (1) month, commencing on May 1,
2018 (the “Effective Date”), and automatically renewable without notice for up to a total of 12 months.
The Term shall be cancelable on 30-days notice by either party.
ARTICLE FOUR: RENT
a. The Rent will be due and payable on the first day of each month during the term hereof at the Nantucket Memorial Airport, 14 Airport Road, Nantucket, MA 02554.
b. If TENANT fails to pay when due Rent or any other amount required to be paid by TENANT
under this Lease, LANDLORD may charge a sum equal to five percent (5%) of such unpaid amount as a service fee. In addition, if TENANT fails to pay within ten (10) days of the date due Rent or any other amount required to be paid by TENANT under this Lease, such unpaid amount
shall bear interest at the rate of eighteen percent (18%) per annum from the due date of such amount to the date of payment in full, with interest. All Rent and other amounts due under this
Lease shall be paid without abatement, deduction, offset, or prior notice or demand, unless
specifically provided by the terms of this Lease.
c. No payment by TENANT or receipt by LANDLORD of a lesser amount of Rent or any other
amount required to be paid by TENANT under this Lease shall be deemed to be other than on
account of the earlier due Rent or any other amount required to be paid by TENANT under this Lease, nor shall any endorsement or statement or any check or any letter accompanying any such
payment be deemed an accord or satisfaction, and LANDLORD may accept such check or
payment without prejudice to LANDLORD’S right to recover the balance of such Rent or any other amount required to be paid by TENANT under this Lease.
ARTICLE FIVE: TENANT’S USE OF THE PREMISES
a. In utilizing the Premises, TENANT agrees to and shall comply with all applicable Laws.
b. The Premises shall be used and occupied by TENANT solely to house the Aircraft plus necessary
related items for the Aircraft, and may not be used for any other purpose. No commercial activity of any kind whatsoever shall be conducted by TENANT in, from, or around the Premises without the prior written consent of LANDLORD.
c. TENANT shall have the right to operate the Aircraft in the manner authorized by the FAA and other governmental authorities and agencies, and shall have the right to use, in common with others, the common areas of the Airport and appurtenances thereto which have been designated
by LANDLORD for common use, together with all facilities, equipment, improvements and services, which are provided at or in connection with the Airport, including landing areas, aprons,
beacons, radio aids, fire and crash equipment and other conveniences for flying, landing, and
take-offs of the Aircraft, all subject to applicable federal, state or local statutes, ordinances,
{A0504684.1 } Page 3 of 11
regulations, orders, policies, administrative rules, including, without limitation, those issued by
LANDLORD, which are now existing or hereafter enacted or issued, or the requirements of
common law (collectively “Laws”). TENANT shall have the right to land, take-off, taxi, tow on the ground, load and unload the Aircraft and equipment used by TENANT in its operation,
subject to applicable Laws.
d. TENANT may maintain and service with oil, greases or other supplies the Aircraft, all subject to applicable Laws. TENANT shall not store any explosives, solvents, or flammables with a flash
point below 100 degrees Fahrenheit (100º F) on the Premises. Lubricating oil stored in the Premises must be kept in closed containers.
e. TENANT shall report promptly to LANDLORD any defects in the Premises that require repair or
maintenance.
f. After termination of the Lease, TENANT shall remove all of TENANT’S property from the Premises, and if TENANT fails to do so, LANDLORD may remove such property from the
Premises at TENANT’S cost.
g. In order to assure the safety of persons authorized to enter into the secured general aviation area of the Airport and to further protect the security of the Premises, TENANT and any persons under
control of TENANT shall only access the Premises in accordance with all applicable Laws, including all LANDLORD and Airport regulations. If an identification badge is issued by
LANDLORD, TENANT understands and agrees the identification badge may only be used by the
person to whom it is issued and that the issuance of such identification badge constitutes LANDLORD’S consent to TENANT’S access to the Premises for the purposes permitted by this
Lease. TENANT understands and agrees that such consent may be revoked at any time by
LANDLORD without notice at LANDLORD’S sole discretion for any reason whatsoever. TENANT shall travel to and from the Premises by the most direct route while on the Airport.
TENANT shall not, in its travel to the Premises, interfere with any aviation use of the Airport by LANDLORD or other aircraft or users of the Airport. Parking is allowed in designated areas only; additional parking passes are available for purchase. Failure to comply with the provisions
of this paragraph shall be grounds for immediate termination of this Lease, without any limitation to any other remeady the Landlord may have under this Lease or any other applicable law,.
h. No more than one vehicle per TENANT is to be parked on the Airport at any one time. In cases
with multiple owners, up to 2 vehicles may be listed, with only one vehicle allowed to park at a time . Vehicle must be parked in the designated area. If it is necessary for TENANT’S motor vehicle to gain access to the Airport, TENANT must first complete a Drivers Training Program
and fill out the necessary paperwork. TENANT must also purchase a gate card and receive an Airport issued identification badge. TENANT must also have TENANT’S parking identification
visible at all times within the Airport. Lost badges will be voided and must be purchased at
TENANT’S own expense. Tenant must notify ACK of lost badges immediately.
i. TENANT shall not exhibit any sign or advertisements in or about the Premises without the prior
written approval of LANDLORD.
j. TENANT agrees to keep the Premises and the areas immediately adjoining the Premises in a clean, safe, and sanitary condition. LANDLORD shall supply a receptacle suitable for the
disposal of refuse and shall be responsible for the disposal of all refuse. TENANT shall not permit any refuse to be placed in said container, which would constitute a fire or health hazard within the Premises. All waste caused or brought to the Premises which constitute a fire or health
{A0504684.1 } Page 4 of 11
hazard shall be removed immediately from the Premises by TENANT. Failure to comply with
the above is a material breach of the Lease and shall be cause for immediate termination.
k. LANDLORD shall have the right, without any obligation to do so, to enter upon the Premises and put them in a clean and sanitary condition in the event that TENANT fails or neglects to keep the
Premises and areas in the immediate vicinity of the stored aircraft in clean and sanitary condition
at all times. TENANT shall reimburse LANDLORD for all cost and expense incurred by LANDLORD to clean the Premises.
l. TENANT shall not make structural alterations or additions to the Premises or non-structural alterations without LANDLORD’S prior written consent, which consent may be withheld in LANDLORD’S sole discretion. In order to seek such consent, TENANT shall submit to the
LANDLORD a completed copy of the LANDLORD’S tenant construction/alteration application and all plans, figures, and information reasonably requested by LANDLORD regarding the proposed alteration or addition. All such allowed alterations shall be at TENANT’S sole cost and
expense and shall be completed in a good and workmanlike quality and in a condition at least equal to the present construction. All local, state, and federal permits for renovations are to be provided to LANDLORD by TENANT. TENANT shall not permit any mechanics’ liens, or
similar liens, to remain upon the Premises for labor and material furnished to TENANT or claimed to have been furnished to TENANT in connection with work of any character performed
or claimed to have been performed at the direction of TENANT and shall cause any such lien to
be released of record forthwith without cost to TENANT.
m. TENANT shall not assign this Lease nor sublet any portion of the Premises. Subject to the
foregoing, all covenants and agreements herein contained shall extend to and be binding upon the
successors, heirs, executors, and administrators of TENANT.
n. TENANT, and any agents, guests, or invitees of TENANT shall observe and obey all Laws,
including all rules and regulations of the Airport, and Airport standards of operation and procedures, if any, adopted by LANDLORD. It shall be the responsibility of TENANT to be familiar with Airport Rules and regulations and any other applicable rules and regulations.
TENANT agrees to remedy promptly any condition or discontinue any practice to which LANDLORD reasonably objects.
o. TENANT agrees to pay on or before the date due all taxes, assessments, or charges which during
the term hereof may become a lien upon or be levied by a federal, state, county, municipal or other tax levying body on all personal property of TENANT located upon and all improvements made to the Premises by TENANT in connection with TENANT’S use and occupancy thereof
and upon the possessory interest of TENANT in the Premises which shall specifically include any taxes levied under the provisions of any Law.
ARTICLE SIX: LANDLORD’S RIGHTS IN THE PREMISES
a. LANDLORD reserves for itself the following rights, which TENANT agrees to observe, and TENANT agrees that the same may be exercised by LANDLORD and that any such exercise of
said rights shall not be deemed to effect an eviction or to render LANDLORD liable for damages
by abatement of rent or otherwise to relieve TENANT from any of its obligations:
1. To adopt from time to time rules and regulations for the use, protection and welfare of the
Airport and its occupants and users, with which TENANT agrees to comply;
{A0504684.1 } Page 5 of 11
2. The right to enter the Premises to conduct inspections, to effect repairs to the Premises, and to
determine compliance with the Lease and all applicable Laws. LANDLORD may access the
Premises and gain entrance at any time and without notice. LANDLORD shall provide the only lock to be used on the Premises with 1 (1) key or coimbination code available to
TENANT. Any other lock found on the Premises at any time shall be cut off and replaced
with a LANDLORD lock, for which TENANT may obtain two (2) keys, at TENANT’S expense from LANDLORD during normal business hours. In no event shall LANDLORD be
deemed guilty of trespass upon the Premises or to have violated any of TENANT’S rights hereunder by reason of LANDLORD’S entrance into the Premises. TENANT hereby waives any claim against LANDLORD by reason of any entrance upon the Premises by
LANDLORD; and
3. To make reasonable efforts to maintain, operate and keep clean at all times, and keep in good repair, said Airport and the appurtenances, facilities and services connected therewith, and to
keep said Airport and its approaches free from obstruction (including such clearing and removal of snow as is reasonably necessary as soon as it is practicable for LANDLORD to do so), congestion and interference for the safe, convenient and proper use thereof by TENANT,
consistent with use of the Airport by others who are lawfully entitled to such use, and to maintain and operate the Airport so as to entitle it to an approved rating by the FAA and other
appropriate regulatory agencies and authorities.
b. LANDLORD reserves unto itself, its successors and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the Airport, together with the
right to cause in said airspace such noise as may be inherent in the operation of aircraft, now
known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from or operation on the Airport. TENANT expressly agrees
for itself, its successors and assigns to prevent use of the Premises which would interfere with operation, landing or taking off of aircraft at the Airport, or otherwise constitute an Airport hazard.
c. LANDLORD retains the continuing right in the Premises to prevent the erection or growth of any building, structure, tree, or other objects extending in to the airspace (above 45 feet Mean Ground Level) and to remove from said airspace, at TENANT’S expense or at the sole option of
LANDLORD, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other object now upon, or which in the future may be upon the property together with the right of ingress to, passage over, and egress from TENANT’S property
for the above purposes.
d. TENANT recognizes that from time to time during the term of this lease it may be necessary for
LANDLORD to initiate and carry forward programs of construction, expansion, maintenance and
repair or relocation, and that such construction, expansion, maintenance and repair or relocation may temporarily inconvenience or temporarily interrupt TENANT in its operations at the Airport.
TENANT agrees that no liability shall be attached to LANDLORD, its agents or employees by
reason of such relocation, temporary inconvenience or temporary interruption, and TENANT waives any right to claim to damages or other consideration thereof, except for reasonable and
proportionate rental abatement in the event the Premises may not be used during any such period of time.
e. LANDLORD reserves the right, at its sole discretion, to relocate TENANT to another hangar at
the Airport of reasonably comparable size, quality, and access. Any costs of relocation shall be at the expense of TENANT.
{A0504684.1 } Page 6 of 11
ARTICLE SEVEN: FEDERAL AND STATE OBLIGATIONS
a. Agreements with the United States. This Lease is subject and subordinate to the provisions of
any agreements heretofore or hereafter made between LANDLORD and the United States, the execution of which is required to enable or permit transfer of rights or property to LANDLORD
for airport purposes or expenditure of federal grant funds for Airport improvement, maintenance
or development, including without limitation all “Sponsor’s Grant Assurances” or like agreement that has been or may be furnished by LANDLORD to the United States. TENANT shall
reasonably abide by requirements of agreements entered into between LANDLORD and the United States, and shall consent to amendments and modifications of this Agreement if required by such agreement or if required as a condition of LANDLORD’S entry into such agreements.
b. Agreements with the Commonwealth of Massachusetts. This Lease is subject and subordinate to the provisions of any agreements heretofore or hereafter made between LANDLORD and the
Commonwealth of Massachusetts, the execution of which is required to enable or permit transfer of rights or property to LANDLORD for airport purposes or expenditure of state grant funds for Airport improvement, maintenance or development. TENANT shall reasonably abide by
requirements of agreements entered into between LANDLORD and the Commonwealth of Massachusetts, and shall consent to amendments and modifications of this Lease if required by
such agreement or if required as a condition of LANDLORD’S entry into such agreements.
c. TENANT, for itself, its successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that: (i) no person on the grounds of race, color, national origin,
or any other category prohibited by Law will be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of any facilities; (ii) 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, national origin, or any other category prohibited
by law will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; and (iii) that TENANT will 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 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. TENANT acknowledges that the provisions of 49 CFR, Part 23, Disadvantaged Business Enterprise (DBE), and 14 CFR, Part 152, Affirmative Action Employment Program, may be applicable to the activities of TENANT under
the terms of this Lease, and hereby agrees, if such provisions are applicable, to comply with all requirements of the Federal Aviation Administration, and the U.S. Department of Transportation,
in reference thereto. In the event of breach of any of the nondiscrimination covenants,
LANDLORD will have the right to terminate this Lease and to re-enter and repossess Premises as if said Lease had never been made or issued.
d. Nothing contained in this Lease shall be deemed to grant to TENANT any exclusive right or
privilege within the meaning of 49 U.S.C. § 40103(e) with respect to activity on the Airport.
e. TENANT acknowledges that security is of primary importance at the Airport, and that security
requirements are likely to change during the term of this Lease. TENANT shall at all times
comply with all security Laws whether written or verbal, including, without limitation, 49 C.F.R. Part 1542 “Airport Security” or any amendment or successor thereto, and TENANT will work
cooperatively with LANDLORD in connection with the same. TENANT understands and agrees that the same may impact TENANT’s operations and costs. TENANT further agrees that it shall be strictly liable for the payment of any civil penalties assessed against LANDLORD or
{A0504684.1 } Page 7 of 11
TENANT relating to security, and shall be solely and fully responsible for any and all breaches of
security and the consequences thereof resulting from the negligence or intentional acts of
omission or commission of its officers, employees, representatives, agents, servants, subtenants, consultants, contractors, successors, assigns and suppliers.
ARTICLE EIGHT: HAZARDOUS MATERIALS
Except for common office or household cleaning products, and oils and greases used for the maintenance of the Aircraft used in accordance with manufacturer’s instructions, applicable Laws, and industry
standard practices, TENANT shall not use, keep, handle, transport, store or dispose of any Hazardous Waste, Hazardous Material, Oil or radioactive material, as such terms are used or defined in Massachusetts General Laws Chapter 21 C, Section 2, Chapter 21D, Section 2, and Chapter 21E, Section
2, and the regulations promulgated thereunder, as such laws and regulations may be amended from time to time (collectively “Hazardous Materials”) in, under, on or about the Premises, including not to any storm drain or sewage collection system, except for such storage and use consented to by LANDLORD in
advance in writing, which consent may be withheld in LANDLORD’S sole and absolute discretion. Any Hazardous Materials on the Premises, and all containers therefore, shall be used, kept, handled, transported, stored and disposed of in conformity with all applicable Laws and in compliance with all
applicable industry standard practices. The violation of the preceding sentence shall be deemed a material breach of this Lease for which LANDLORD may immediately terminate this Lease. TENANT shall (i)
notify LANDLORD immediately of any release or threat of release of any Hazardous Material on or from
the Premises and any loss or damage or claim of loss or damage resulting therefrom, (ii) be solely responsible for remediating all contamination in compliance with all applicable Laws at TENANT’S sole
cost and expense, and in addition to any other rights and remedies available to LANDLORD, (iii) without
limiting any other right, remedy or provision of this Lease, indemnify, defend and hold LANDLORD and LANDLORD’S agents, officials, employees, volunteers, boards, commissions, committees and the Town
of Nantucket (the “Landlord Indemnitees”) harmless from and against all liability, loss, damage, costs and expenses (including without limitation, reasonable attorney’s fees and expenses), causes of action, suits, claims, demands, or judgements (“Claims”) of any nature in any way suffered, incurred or paid as a result
of the presence or release or threatened release of Hazardous Materials on or from the Premises which is caused or exacerbated by TENANT, its agents, employees, contractors, representatives, licensees, or invitees. TENANT hereby acknowledges and agrees that LANDLORD shall have no responsibility to
TENANT, its agents, employees, representatives, permittee and invitees, for the presence of such Hazardous Materials on the Premises or be required to abate or remediate the same. This provision shall survive the expiration or termination of the Lease.
ARTICLE NINE: INSURANCE
TENANT SHALL DEPOSIT WITH LANDLORD CERTIFICATES FOR ALL INSURANCE REQUIREMENTS LISTED BELOW PRIOR TO THE EFFECTIVE DATE, AND THEREAFTER
WITHIN THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF ANY SUCH POLICIES. ALL SUCH INSURANCE CERTIFICATES SHALL PROVIDE THAT SUCH POLICIES SHALL NOT BE MATERIALLY CHANGED, ALTERED RO CANCELLED WITHOUT AT LEAST TEN (10)
DAYS PRIOR WRITTEN NOTICE TO EACH ASSURED NAMED THERIN. ADDITIONAL INSURED: All certificates will indicate the “Town of Nantucket/Nantucket Memorial Airport (LESSOR)” as an additional insured.
AIRCRAFT LEGAL LIABILITY INSURANCE: The LESSEE shall maintain in full force from the date of commencement of the Lease throughout the Term, and thereafter so long as LESSEE is in
occupancy of the Premises comprehensive public liability insurance, with respect to the Premises and the
{A0504684.1 } Page 8 of 11
property of which the Premises are a part, in the amount of $1,000,000, for each occurrence with property
damage insurance in limits of $500,000 for each occurrence. The policy shall be written with an insurance
company licensed to do business in Massachusetts, and in good standing therein, insuring the LANDLORD as well as TENANT against injury to persons or damage to property as provided.
ARTCILE TEN: INDEMNIFICATION
TENANT at its expense, shall release, defend, indemnify and hold harmless Landlord Indemnitees from
and against all Claims based upon or arising out of TENANT’S conduct at the Airport or its use of the Premises or any other Airport property, provided that TENANT shall not be liable for any Claim caused solely by the willful misconduct or gross negligence of LANDLORD. The foregoing express obligation
of indemnification shall not be construed to negate or abridge any other obligation of indemnification running to Landlord Indemnitees that would exist under any applicable Law or this Lease, and the extent of the obligation of indemnification shall not be limited by any provision of insurance undertaken in
accordance with this Lease. LANDLORD shall give TENANT prompt written notice of any Claim threatened or made or suit instituted against a Landlord Indemnitee that could result in a claim of indemnification hereunder. This indemnification agreement shall survive the expiration or earlier
termination of this Lease.
ARTICLE ELEVEN: TERMINATION; DEFAULT
a. Termination for Convenience. Either party may terminate this Lease for convenience at the end
of any month of the Term by giving the other party written notice at least thirty (30) days before the end of said month.
b. Default and Remedies.
1. If TENANT shall neglect or fail to perform or observe any of TENANT’S covenants herein, and such neglect or failure shall continue for a period of ten (10) days in case of nonpayment
of money or otherwise for a period of twenty (20) days after written notice to TENANT, or
TENANT shall become unable to meet its obligations as they become due, or if a receiver is appointed for TENANT, or if any assignment shall be made of TENANT’s property for the
benefit of creditors, then LANDLORD shall have the right thereafter, while such default continues, to re-enter and take complete possession of the Premises, to declare the term of this Lease ended, and remove TENANT’S effects, without prejudice to any remedies which
might be otherwise used for arrears of rent or other default. TENANT shall indemnify LANDLORD against all loss of rent and other payments, which LANDLORD may incur by reason of such termination during the residue of the Term. If TENANT defaults, after
reasonable notice thereof, in the observance or performance of any conditions or covenants on TENANT’s part to be observed or performed under or by virtue of any of the provisions in any article of this Lease, LANDLORD, without being under any obligation to do so and
without thereby waiving such default, may remedy such default for the account and at the expense of TENANT. If LANDLORD makes any expenditures or incurs any obligations for
the payment of money in connection therewith, including but not limited to, reasonable
attorney’s fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the rate of one and one-half percent per month
(18% per annum) and costs, shall be paid to LANDLORD by TENANT as additional rent.
2. If TENANT shall be dispossessed therefrom by or under any authority other than LANDLOR, or if the leasehold hereby created shall be taken on execution or by other process
of law, or if any assignment or trust mortgage shall be made of TENANT’S property for the
{A0504684.1 } Page 9 of 11
benefit of creditors, or if a receiver or similar officer shall be appointed to take charge of all
or any part of TENANT' property by a court of competent jurisdiction and shall not be
discharged within thirty (30) days after his appointment, or if a petition is filed against TENANT under any insolvency or bankruptcy law and the same shall not be dismissed
within thirty (30) days after the date upon which it is filed, then, and in any of said cases,
LANDLORD lawfully may, immediately or at any time thereafter and without demand or notice, enter upon the Premises as LANDLORD’S former estate and expel TENANT and
those claiming through or under it and remove it and their effects, forcibly if necessary, without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenants, and upon
such entry this Lease shall terminate.
3. If TENANT is in default under this Lease, LANDLORD may terminate the same by giving TENANT at least fifteen (15) days’ written notice of termination and may hold any aircraft
housed therein until unpaid Rent or amounts due under this Lease are paid. TENANT hereby waives and releases any and all claims, actions, and damages in connection with LANDLOR holding such aircraft until unpaid Rent or amounts due under this Lease are paid.
ARTICLE TWELVE: SURRENDER; HOLDING OVER
TENANT will at the termination or expiration of this Lease quietly and peaceably yield up the Premises
in as good and tenantable condition as at the commencement of the Lease, reasonable wear and tear
excepted. If, after the termination or expiration of this Lease, TENANT shall remain in possession without any express written agreement as to such holding over, TENANT shall be deemed to be a tenant
at sufferance from day to day at a daily rental rate equal to two hundred fifty percent (250%) of the Rent
previously in effect. During such continued occupancy, all other provisions of this Lease (except as to the term) shall be in effect.
ARTICLE THIRTEEN: GENERAL PROVISIONS
a. Headings. The captions and headings throughout this Lease are for convenience and reference only, and the words contained herein shall in no way be held or deemed to define, limit, describe,
explain, modify, amplify or add to the interpretation, construction or meaning of any of the provisions or the scope of intent of this Lease.
b. Severability. If any provision of this Lease shall to any extent be held invalid or unenforceable,
the remainder of this Lease shall not be deemed affected thereby, unless one or both parties would be substantially and materially prejudiced.
c. No Personal Liability. TENANT may not seek to hold any individual member, director, officer,
or employee of LANDLORD or the Town of Nantucket liable under any term or provision of this Lease, or because or any breach thereof, or because of its execution or attempted execution, nor may TENANT seek to hold any individual member, director, officer, or employee of
LANDLORD liable for any acts or conduct undertaken pursuant to this Agreement, whether such asserted liability is based in tort or any other statute or common law.
d. Non-Waiver. No term or provision hereof shall be deemed waived and no breach excused,
unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether
expressed or implied, shall not constitute consent to, waiver of, or excuse for any different or
subsequent breach.
{A0504684.1 } Page 10 of 11
e. Entire Agreement. This Lease constitutes the entire agreement between the parties hereto, and
all prior agreements covering the rights and privileges set out herein are superseded by and
merged into this Lease.
f. Amendment. This Lease may not be amended or modified except by a written instrument
executed by both LANDLORD and TENANT.
g. Governing Law. This Lease shall be deemed to be made and construed in accordance with the Laws of the Commonwealth of Massachusetts. If either party institutes legal suit or action for
enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be the county in which the Airport is located, or the United States District Court having jurisdiction over such county, and the parties hereby waive any right to contest the
appropriateness of any action brought in any such court based on lack of personal jurisdiction, improper venue or forum non conveniens.
h. Waiver of Jury Trial. TENANT and LANDLORD hereby waive trial by jury in any action,
proceeding or counterclaim brought by either party against the other or in any matter whatsoever arising out of or in any way connected with this Lease, the relationship of LANDLORD and TENANT created thereby, TENANT’S use or occupancy of the Premises or the Airport, or any
claim for injury or damage.
i. Consequential Damages. LANDLORD, the Town of the Town of Nantucket, and their
respective members, directors, officers, agents and employees shall not be liable to
TENANT for any loss of business or any indirect, incidental, special or consequential damages
or lost profits arising out of or relating to this Lease or from whatever other cause.
1. Notices. All notices required to be given hereunder shall be in writing and shall be deemed duly
given if mailed, certified mail, return receipt requested, or when received or refused, if hand
delivered, upon sending if emailed, sent by a nationally recognized overnight courier to the
following addresses:
LANDLORD: Airport Manager Nantucket Memorial Airport 14 Airport Road
Nantucket, MA 02554 Email: __________________
TENANT: As shown on Page 1 of this Lease.
or to such other addresses as may from time to time be specified in writing by any party hereto.
j. Counterparts. This Lease may be executed simultaneously in counterparts, each of which shall
be deemed to be an original copy of this Lease and, when taken together, shall be deemed to be one and the same Lease.
{A0504684.1 } Page 11 of 11
IN WITNESS WHEREOF, LANDLORD and TENANT have caused this Lease to be executed under
seal as of the day and year first written above.
TENANT: NANTUCKET MEMORIAL AIRPORT:
_______________________________ _______________________________________
Signature Authorized Representative
_______________________________ David Sylvia, Compliance Manager__________
Print Name Print Name & Title
_______________________________ _______________________________________ Date Date
{A0504683.1 } 1
NANTUCKET MEMORIAL AIRPORT Secondary Tenant Hangar License This Secondary Tenant Hangar (the “License”) is entered into on the date set forth below by
and the between the Nantucket Memorial Airport Commission (“Licensor”), and ________________, a
______________________ (“Licensee.”)
1. The Premises consists of general hangar space in Hangar #4 (Four) at the Airport. Licensor
grants Licensee a non-exclusive license to use the Premises at Licensor’s facility known as
Nantucket Memorial Airport (the “Airport”) for the period of __________ to _________(the
“Term”) for parking the following aircraft (the “Aircraft”) for non-commercial purposes only.
TYPE OF AIRCRAFT: AIRCRAFT #
HIGH OR LOW WING: # OF ENGINES: Single ___ Multi ____
NAME REGISTERED WITH FAA:
Licensor represents that the Aircraft is properly registered with the Federal Aviation Administration
(“FAA”), and is in airworthy and operable condition.
2. Licensee shall pay to Licensor during the terms thereof, a daily rent as specified in the Airport’s
Rates and Charges, as such Rates and Charges may be amended from time to time consisting of
landing fees, but not ramp or other fees required under such Rates and Charges. The Rent will be
due and payable on the first day that Licensee occupies the Premises of each month at the
Nantucket Memorial Airport, 14 Airport Road, Nantucket MA 02554.
3. Notwithstanding anything to the contrary in this License, the Premises are hereby licensed in an
“as is” condition without any representations or warranties whatsoever, express or implied, it also
being expressly understood and agreed that Licensor is not obligated to install services or
facilities in the Premises beyond those now in place. Licensee assumes all risk of the use of the
Premises and hereby waives any and all claims and damage now existing or which may arise in
the future with respect to the use of the Premises or damage or injury to the Aircraft or any person
in connection with the use of the Premises or any related facility owned by Licensor. Licensee
shall have no rights to park a motor vehicle on the Premises or the Airport under this License.
4. Licensee agrees and acknowledges that its use of the Premises is non-exclusive and is subordinate
to the use of the Premises by Licensor’s tenant (the “Primary Tenant”) under that certain lease
dated ______ and attached hereto as Exhibit A (the “Primary Lease”). Licensee agrees to vacate
the Premises within twelve (12) hours email or telephone notice by Licensor. Licensee shall, if
required to pursuant to such notice, be responsible to move the Aircraft away from the Premises.
Licensor shall have no responsibility to provide Licensee an alternative location for the Aircraft
as a result of this License and shall not be responsible for any damage to the Aircraft as a result of
its relocation from the Premises.
{A0504683.1 } 2
5. The terms and conditions of the Primary Lease are incorporated herein by reference as if fully set
forth herein. Licensor and Licensee shall comply with the terms of said Primary Lease in the
conduct of any and all activities taking place under this License, except to the extent otherwise set
forth herein or therein.
6. Licensee shall at all times, operate in and around the Premises with due care to protect the
Premises, the Airport, and all users of the airport from damage or injury, and in compliance with
all applicable federal, state or local statutes, ordinances, regulations, orders, policies,
administrative rules, including, without limitation, those issued by Licensor, which are now
existing or hereafter enacted or issued, or the requirements of common law (“Laws”). Without
limitation, Licensee must coordinate all access to the Premises with Licensor. Licensee shall not
be granted an access badge pursuant to this License.
7. For and in consideration of Licensor allowing Licensee to use the Premises, Licensee hereby
forever releases, defends, indemnifies and holds harmless Licensor and its agents, officials,
employees, volunteers, boards, commissions, committees and the Town of Nantucket (the
“Licensor Indemnitees”) from all claims, damages, cost (including, but not limited to, attorney’s
fees) demands or injuries of any kind (anticipated or unanticipated) of any nature (up to and
including death) to any person including, but not limited to, Licensee or Licensee’s employees,
passengers, agents, or invitees arising out of or relating to Licensee’s use of the Premises.
8. This License is non-exclusive. Licensor may enter into any other agreement(s) for use of the
Premises that Licensees deems appropriate. No part of the License shall preclude the use of the
Premises by Licensor or any other party for any purpose Licensor deems appropriate.
9. Licensee shall maintain in full force from the date of commencement of the License and
throughout the Term and thereafter so long as Licensee is in occupancy of the Premises a policy
of comprehensive general and aviation liability insurance, with respect to the Premises, the
Aircraft and the property of which the Premises are a part, in the amount of $1,000,000, for each
occurrence with property damage insurance in limits of $500,000 for each occurrence. The
policy shall be written with an insurance company licensed to do business in Massachusetts, and
in good standing therein, insuring Licensor as well as Licensee against injury to persons or
damage to property as provided. All certificates will indicate the “Town of
Nantucket/Nantucket Memorial Airport Commission (LICENSOR)” as an additional
insured.
10. Subject to the terms of Section 4 of this License, Licensor may terminate this License for any
reason or no reason at all by providing Licensee ten (10) days advance written notice.
11. If any provision of this License shall to any extent be held invalid or unenforceable, the
remainder of this License shall not be deemed affected thereby, unless one or both parties
would be substantially and materially prejudiced.
12. Licensee may not seek to hold any individual member, director, officer, or employee of
Licensor or the Town of Nantucket liable under any term or provision of this License, or
because or any breach thereof, or because of its execution or attempted execution, nor
{A0504683.1 } 3
may Licensee seek to hold any individual member, director, officer, or employee of
Licensor liable for any acts or conduct undertaken pursuant to this License, whether such
asserted liability is based in tort or any other statute or common law.
13. No term or provision hereof shall be deemed waived and no breach excused, unless such
waiver or consent shall be in writing and signed by the party claimed to have waived or
consented. Any consent by any party to, or waiver of, a breach by the other, whether
expressed or implied, shall not constitute consent to, waiver of, or excuse for any
different or subsequent breach.
14. This License constitutes the entire agreement between the parties hereto, and all prior
agreements covering the rights and privileges set out herein are superseded by and
merged into this License.
15. This License shall be deemed to be made and construed in accordance with the Laws of
the Commonwealth of Massachusetts. If either party institutes legal suit or action for
enforcement of any obligation contained herein, it is agreed that the venue of such suit or
action shall be the county in which the Airport is located, or the United States District
Court having jurisdiction over such county, and the parties hereby waive any right to
contest the appropriateness of any action brought in any such court based on lack of
personal jurisdiction, improper venue or forum non conveniens.
16. Licensor and Licensee hereby waive trial by jury in any action, proceeding or
counterclaim brought by either party against the other or in any matter whatsoever arising
out of or in any way connected with this License, the relationship of Licensor and
Licensor created thereby, Licensee’s use or occupancy of the Premises or the Airport, or
any claim for injury or damage.
17. Licensor, the Town of Nantucket, and their respective members, directors, officers, agents
and employees shall not be liable to Licensee for any loss of business or any indirect,
incidental, special or consequential damages or lost profits arising out of or relating to
this License or from whatever other cause.
18. All notices required to be given hereunder shall be in writing and shall be deemed duly
given if mailed, certified mail, return receipt requested, or when received or refused, if
hand delivered, upon sending if emailed, sent by a nationally recognized overnight
courier to the following addresses:
Licensor: Airport Manager
Nantucket Memorial Airport
14 Airport Road
Nantucket, MA 02554
Email: __________________
{A0504683.1 } 4
Licensee: Address:
Email:
Emergency Telephone: ______________
or to such other addresses as may from time to time be specified in writing by any party hereto.
19. This Licensee may be executed simultaneously in counterparts, each of which shall be
deemed to be an original copy of this License and, when taken together, shall be deemed
to be one and the same License.
IN WITNESS WHEREOF, the parties have executed this License as of the day and year of the
last signature below.
LICENSEE
___________________________
By: _________________________
Its:_________________________
Date:________________________
NANTUCKET MEMORIAL AIRPORT COMMISSION
____________________________
By:__________________________
Its:___________________________
Date:__________________________
{A0493951.4 } Page 1 of 11
T HANGARLEASE AGREEMENT
Annual
This Lease agreement (the “Lease”) is made this 1st day of , 2018, by and between the Town of
Nantucket acting by and through the NANTUCKET MEMORIAL AIRPORT COMMISSION, an agency
duly created by the Town of Nantucket, pursuant to the powers contained in Massachusetts General
Laws, Ch. 90, Sec. 51D, having an address of Nantucket Memorial Airport, 14 Airport Road, Nantucket
MA 02554 (“LANDLORD”), and _________________________________________________
(“TENANT”). TENANT hereby leases the Premises described below in accordance with the following
terms and conditions.
ARTICLE ONE: BASIC INFORMATION
PREMISES: LANDLORD agrees to lease the Premises at LANDLORD’S facility known as Nantucket
Memorial Airport (the “Airport”). The Premises consists of general hangar space in Hangar #4 (Four)
exclusive space in hangar ____at the Airport. LANDLORD leases the Premises to TENANT for parking
of the following aircraft (the “Aircraft”):
TYPE OF AIRCRAFT: _________________ AIRCRAFT # _______
HIGH OR LOW WING: _________ # OF ENGINES: Single ____ Multi ____
NAME REGISTERED WITH FAA: _____________________
AUTOMOBILE LICENSE PLATE #: STATE __ NUMBER _______
TENANT represents that the Aircraft is properly registered with the Federal Aviation Administration
(“FAA”), and is in airworthy and operable condition. On or prior to the Effective Date, as defined
below, TENANT shall provide LANDLORD with a Certificate of Aircraft Registration for the Aircraft. Add Reference to Article Nine of Lease – insurance.
Notwithstanding anything to the contrary in this Lease, the Premises are hereby leased in an “as is” condition without any representations or warranties whatsoever, express or implied, it also being
expressly understood and agreed that LANDLORD is not obligated to install services or facilities in the
Premises beyond those now in place. TENANT assumes all risk of the use of the Premises and hereby
waives any and all claims and damage now existing or which may arise in the future with respect to the
use of the Premises or damage or injury to the Aircraft or any person in connection with the use of the
Premises or any related facility owned by LANDLORD.
There will be no sharing or sub-letting of T-hangar space.
ARTICLE TWO: SHARED USE OF THE PREMISES
LESSEETENANT agrees and acknowledges that LESSORLANDLORD may permit one or more other
parties (each a “Secondary LesseeTENANT”) to park an aircraft at the Premises, at
{A0493951.4 } Page 2 of 11
LESSORLANDLORD’S discretion, at all times when LESSEETENANT’S Aircraft is not parked at the
Premises, subject to the following conditions:
a. LESSORLANDLORD shall cause the Secondary LesseeTENANT to vacate the Premises upon
twenty-four (24) hours telephone or email notice from LESSEETENANT that it desires to use
the PREMISES.
b. Secondary LesseeTENANT’s use of the Premises shall in no way limit LESSEETENANT’S obligations under this LEASE, except that LESSEETENANT shall not be required to pay for the costs of any damage to the Premises caused solely by the actions of the Secondary LesseeTENANT.
ARTICLE THREE: TERM
TERM: The term of this lease shall be for a period of one-month (1) month, commencing on May 1,
2018 (the “Effective Date”), and automatically renewable without notice for up to a total of 12 months.
The Term shall be cancelable on 30-days notice by either party.
ARTICLE FOUR: RENT
a. TENANT shall pay to LANDLORD during the term hereof, the sum of $_______ per month (the
“Rent”). The Rent will be due and payable on the first day of each month during the term hereof
at the Nantucket Memorial Airport, 14 Airport Road, Nantucket, MA 02554.
a.b. TENANT SHALL PAY A SECURITY DEPOSIT. ADMIN WILL ESTABLISH FROM
EXISTING AGREEMENTS WHAT % O MONTHLY RENT THIS WILL BE.
b.c. If TENANT fails to pay when due Rent or any other amount required to be paid by TENANT
under this Lease, LANDLORD may charge a sum equal to five percent (5%) of such unpaid
amount as a service fee. In addition, if TENANT fails to pay within ten (10) days of the date due
Rent or any other amount required to be paid by TENANT under this Lease, such unpaid amount
shall bear interest at the rate of eighteen percent (18%) per annum from the due date of such amount to the date of payment in full, with interest. All Rent and other amounts due under this Lease shall be paid without abatement, deduction, offset, or prior notice or demand, unless specifically provided by the terms of this Lease.
c.d. No payment by TENANT or receipt by LANDLORD of a lesser amount of Rent or any other
amount required to be paid by TENANT under this Lease shall be deemed to be other than on
account of the earlier due Rent or any other amount required to be paid by TENANT under this
Lease, nor shall any endorsement or statement or any check or any letter accompanying any such
payment be deemed an accord or satisfaction, and LANDLORD may accept such check or
payment without prejudice to LANDLORD’S right to recover the balance of such Rent or any
other amount required to be paid by TENANT under this Lease.
ARTICLE FIVE: TENANT’S USE OF THE PREMISES
a. In utilizing the Premises, TENANT agrees to and shall comply with all applicable Laws.
b. The Premises shall be used and occupied by TENANT solely to house the Aircraft plus
necessary related items for the Aircraft, and may not be used for any other purpose. No
{A0493951.4 } Page 3 of 11
commercial activity of any kind whatsoever shall be conducted by TENANT in, from, or around
the Premises without the prior written consent of LANDLORD.
c. TENANT is responsible for maintenance and repair of their own door.
c.d. TENANT shall have the right to operate the Aircraft in the manner authorized by the FAA and
other governmental authorities and agencies, and shall have the right to use, in common with
others, the common areas of the Airport and appurtenances thereto which have been designated by LANDLORD for common use, together with all facilities, equipment, improvements and services, which are provided at or in connection with the Airport, including landing areas, aprons, beacons, radio aids, fire and crash equipment and other conveniences for flying, landing, and take-offs of the Aircraft, all subject to applicable federal, state or local statutes, ordinances,
regulations, orders, policies, administrative rules, including, without limitation, those issued by
LANDLORD, which are now existing or hereafter enacted or issued, or the requirements of
common law (collectively “Laws”). TENANT shall have the right to land, take-off, taxi, tow on
the ground, load and unload the Aircraft and equipment used by TENANT in its operation,
subject to applicable Laws.
d.e. TENANT may maintain and service with oil, greases or other supplies the Aircraft, all subject to
applicable Laws. TENANT shall not store any explosives, solvents, or flammables with a flash
point below 100 degrees Fahrenheit (100º F) on the Premises. Lubricating oil stored in the
Premises must be kept in closed containers.
e.f. TENANT shall report promptly to LANDLORD any defects in the Premises that require repair
or maintenance.
f.g. After termination of the Lease, TENANT shall remove all of TENANT’S property from the
Premises, and if TENANT fails to do so, LANDLORD may remove such property from the
Premises at TENANT’S cost.
g.h. In order to assure the safety of persons authorized to enter into the secured general aviation area
of the Airport and to further protect the security of the Premises, TENANT and any persons
under control of TENANT shall only access the Premises in accordance with all applicable
Laws, including all LANDLORD and Airport regulations. If an identification badge is issued by
LANDLORD, TENANT understands and agrees the identification badge may only be used by
the person to whom it is issued and that the issuance of such identification badge constitutes
LANDLORD’S consent to TENANT’S access to the Premises for the purposes permitted by this Lease. TENANT understands and agrees that such consent may be revoked at any time by LANDLORD without notice at LANDLORD’S sole discretion for any reason whatsoever. TENANT shall travel to and from the Premises by the most direct route while on the Airport. TENANT shall not, in its travel to the Premises, interfere with any aviation use of the Airport by
LANDLORD or other aircraft or users of the Airport. Parking is allowed in designated areas
only; additional parking passes are available for purchase.
h.i. No more than one vehicle per TENANT is to be parked on the Airport at any one time. In cases
with multiple owners, up to 2 vehicles may be listed on the lease, with only one vehicle allowed
to park in the T hangar at a time . Vehicle must be parked in the T hangardesignated area. If it is
necessary for TENANT’S motor vehicle to gain access to the Airport, TENANT must first
complete a Drivers Training Program and fill out the necessary paperwork. TENANT must also
purchase a gate card and receive an Airport issued identification badge. TENANT must also
{A0493951.4 } Page 4 of 11
have TENANT’S parking identification visible at all times within the Airport. Lost badges will
be voided and must be purchased at TENANT’S own expense. Tenant must notify ACK of lost
badges immediately.
i.j. TENANT shall not exhibit any sign or advertisements in or about the Premises without the prior
written approval of LANDLORD.
j.k. TENANT agrees to keep the Premises and the areas immediately adjoining the Premises in a
clean, safe, and sanitary condition. LANDLORD Tenant shall supply a receptacle suitable for
the disposal of refuse and shall be responsible for the disposal of all refuse. TENANT shall not
permit any refuse to be placed in said container, which would constitute a fire or health hazard
within the Premises. All waste caused or brought to the Premises which constitute a fire or
health hazard shall be removed immediately from the Premises by TENANT. Failure to comply
with the above is a material breach of the Lease and shall be cause for immediate termination.
k.l. LANDLORD shall have the right, without any obligation to do so, to enter upon the Premises and put them in a clean and sanitary condition in the event that TENANT fails or neglects to keep the Premises and areas in the immediate vicinity of the stored aircraft in clean and sanitary
condition at all times. TENANT shall reimburse LANDLORD for all cost and expense incurred
by LANDLORD to clean the Premises.
l.m. TENANT shall not make structural alterations or additions to the Premises or non-structural
alterations without LANDLORD’S prior written consent, which consent may be withheld in
LANDLORD’S sole discretion. All such allowed alterations shall be at TENANT’S sole cost
and expense and shall be completed in a good and workmanlike quality and in a condition at least
equal to the present construction. All local, state, and federal permits for renovations are to be
provided to LANDLORD by TENANT. TENANT shall not permit any mechanics’ liens, or
similar liens, to remain upon the Premises for labor and material furnished to TENANT or
claimed to have been furnished to TENANT in connection with work of any character performed
or claimed to have been performed at the direction of TENANT and shall cause any such lien to
be released of record forthwith without cost to TENANT.
m.n. TENANT shall not assign this Lease nor sublet any portion of the Premises. Subject to
the foregoing, all covenants and agreements herein contained shall extend to and be binding upon
the successors, heirs, executors, and administrators of TENANT.
n.o. TENANT, and any agents, guests, or invitees of TENANT shall observe and obey all Laws,
including all Rules and Regulations of the Airport, and Airport standards of operation and
procedures, if any, adopted by LANDLORD. It shall be the responsibility of TENANT to be
familiar with Airport Rules and regulations and any other applicable rules and regulations.
TENANT agrees to remedy promptly any condition or discontinue any practice to which
LANDLORD reasonably objects.
o.p. TENANT agrees to pay on or before the date due all taxes, assessments, or charges which during the term hereof may become a lien upon or be levied by a federal, state, county, municipal or other tax levying body on all personal property of TENANT located upon and all improvements made to the Premises by TENANT in connection with TENANT’S use and occupancy thereof and upon the possessory interest of TENANT in the Premises which shall specifically include
any taxes levied under the provisions of any Law.
{A0493951.4 } Page 5 of 11
ARTICLE SIX: LANDLORD’S RIGHTS IN THE PREMISES
a. LANDLORD reserves for itself the following rights, which TENANT agrees to observe, and
TENANT agrees that the same may be exercised by LANDLORD and that any such exercise of
said rights shall not be deemed to effect an eviction or to render LANDLORD liable for damages
by abatement of rent or otherwise to relieve TENANT from any of its obligations:
1. To adopt from time to time rules and regulations for the use, protection and welfare of the
Airport and its occupants and users, with which TENANT agrees to comply;
2. The right to enter the Premises to conduct inspections, to effect repairs to the Premises, and
to determine compliance with the Lease and all applicable Laws. LESSORLANDLORD
may access the Premises and gain entrance at any time and without notice.
LESSORLANDLORD shall provide the only lock to be used on the Premises with 1 (212) keyor coimbination code available to LESSEETENANT. Any other lock found on the Premises at any time shall be cut off and replaced with a LESSORLANDLORD lock, for which LESSEETENANT may obtain two (2) keys, at LESSEETENANT’S expense from
LESSORLANDLORD during normal business hours. In no event shall
LESSORLANDLORD be deemed guilty of trespass upon the Premises or to have violated
any of LESSEETENANT’S rights hereunder by reason of LESSORLANDLORD’S entrance
into the Premises. LESSEETENANT hereby waives any claim against
LESSORLANDLORD by reason of any entrance upon the Premises by
LESSORLANDLORD; and
3. To make reasonable efforts to maintain, operate and keep clean at all times, and keep in good
repair, said Airport and the appurtenances, facilities and services connected therewith, and to
keep said Airport and its approaches free from obstruction (including such clearing and
removal of snow as is reasonably necessary as soon as it is practicable for LANDLORD to
do so), congestion and interference for the safe, convenient and proper use thereof by
TENANT, consistent with use of the Airport by others who are lawfully entitled to such use,
and to maintain and operate the Airport so as to entitle it to an approved rating by the FAA
and other appropriate regulatory agencies and authorities.
b. LANDLORD reserves unto itself, its successors and assigns, for the use and benefit of the public
a right of flight for the passage of aircraft in the airspace above the Airport, together with the
right to cause in said airspace such noise as may be inherent in the operation of aircraft, now
known or hereafter used, for navigation of or flight in the said airspace, and for use of said
airspace for landing on, taking off from or operation on the Airport. TENANT expressly agrees
for itself, its successors and assigns to prevent use of the Premises which would interfere with
operation, landing or taking off of aircraft at the Airport, or otherwise constitute an Airport
hazard.
c. LANDLORD retains the continuing right in the Premises to prevent the erection or growth of any building, structure, tree, or other objects extending in to the airspace (above 45 feet Mean Ground Level) and to remove from said airspace, at TENANT’S expense or at the sole option of LANDLORD, as an alternative, to mark and light as obstructions to air navigation, any such
building, structure, tree, or other object now upon, or which in the future may be upon the
property together with the right of ingress to, passage over, and egress from TENANT’S property
for the above purposes.
{A0493951.4 } Page 6 of 11
d. TENANT recognizes that from time to time during the term of this lease it may be necessary for
LANDLORD to initiate and carry forward programs of construction, expansion, maintenance and
repair or relocation, and that such construction, expansion, maintenance and repair or relocation
may temporarily inconvenience or temporarily interrupt TENANT in its operations at the
Airport. TENANT agrees that no liability shall be attached to LANDLORD, its agents or
employees by reason of such relocation, temporary inconvenience or temporary interruption, and TENANT waives any right to claim to damages or other consideration thereof, except for reasonable and proportionate rental abatement in the event the Premises may not be used during any such period of time.
e. LANDLORD reserves the right, at its sole discretion, to relocate TENANT to another hangar at
the Airport of reasonably comparable size, quality, and access. Any costs of relocation shall be
at the expense of TENANT.
ARTICLE SEVEN: FEDERAL AND STATE OBLIGATIONS
a. Agreements with the United States. This Lease is subject and subordinate to the provisions of any agreements heretofore or hereafter made between LANDLORD and the United States, the
execution of which is required to enable or permit transfer of rights or property to LANDLORD
for airport purposes or expenditure of federal grant funds for Airport improvement, maintenance
or development, including without limitation all “Sponsor’s Grant Assurances” or like agreement
that has been or may be furnished by LANDLORD to the United States. TENANT shall
reasonably abide by requirements of agreements entered into between LANDLORD and the
United States, and shall consent to amendments and modifications of this Agreement if required
by such agreement or if required as a condition of LANDLORD’S entry into such agreements.
b. Agreements with the Commonwealth of Massachusetts. This Lease is subject and
subordinate to the provisions of any agreements heretofore or hereafter made between
LANDLORD and the Commonwealth of Massachusetts, the execution of which is required to
enable or permit transfer of rights or property to LANDLORD for airport purposes or
expenditure of state grant funds for Airport improvement, maintenance or development.
TENANT shall reasonably abide by requirements of agreements entered into between
LANDLORD and the Commonwealth of Massachusetts, and shall consent to amendments and
modifications of this Lease if required by such agreement or if required as a condition of
LANDLORD’S entry into such agreements.
c. TENANT, for itself, its successors in interest, and assigns, as a part of the consideration hereof,
does hereby covenant and agree that: (i) no person on the grounds of race, color, national origin,
or any other category prohibited by Law will be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of any facilities; (ii) 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, national origin, or any other category prohibited
by law will be excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination; and (iii) that TENANT will 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 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. TENANT acknowledges that the provisions of 49 CFR, Part 23, Disadvantaged Business Enterprise (DBE), and 14 CFR, Part 152, Affirmative Action Employment Program, may be applicable to the activities of TENANT under
{A0493951.4 } Page 7 of 11
the terms of this Lease, and hereby agrees, if such provisions are applicable, to comply with all
requirements of the Federal Aviation Administration, and the U.S. Department of Transportation,
in reference thereto. In the event of breach of any of the nondiscrimination covenants,
LANDLORD will have the right to terminate this Lease and to re-enter and repossess Premises
as if said Lease had never been made or issued.
d. Nothing contained in this Lease shall be deemed to grant to TENANT any exclusive right or privilege within the meaning of 49 U.S.C. § 40103(e) with respect to activity on the Airport.
e. TENANT acknowledges that security is of primary importance at the Airport, and that security requirements are likely to change during the term of this Lease. TENANT shall at all times comply with all security Laws whether written or verbal, including, without limitation, 49 C.F.R.
Part 1542 “Airport Security” or any amendment or successor thereto, and TENANT will work
cooperatively with LANDLORD in connection with the same. TENANT understands and agrees
that the same may impact TENANT’s operations and costs. TENANT further agrees that it shall
be strictly liable for the payment of any civil penalties assessed against LANDLORD or
TENANT relating to security, and shall be solely and fully responsible for any and all breaches
of security and the consequences thereof resulting from the negligence or intentional acts of
omission or commission of its officers, employees, representatives, agents, servants, subtenants,
consultants, contractors, successors, assigns and suppliers.
ARTICLE EIGHT: HAZARDOUS MATERIALS
Except for common office or household cleaning products, and oils and greases used for the maintenance
of the Aircraft used in accordance with manufacturer’s instructions, applicable Laws, and industry
standard practices, TENANT shall not use, keep, handle, transport, store or dispose of any Hazardous
Waste, Hazardous Material, Oil or radioactive material, as such terms are used or defined in
Massachusetts General Laws Chapter 21 C, Section 2, Chapter 21D, Section 2, and Chapter 21E, Section
2, and the regulations promulgated thereunder, as such laws and regulations may be amended from time
to time (collectively “Hazardous Materials”) in, under, on or about the Premises, including not to any
storm drain or sewage collection system, except for such storage and use consented to by LANDLORD
in advance in writing, which consent may be withheld in LANDLORD’S sole and absolute discretion.
Any Hazardous Materials on the Premises, and all containers therefore, shall be used, kept, handled,
transported, stored and disposed of in conformity with all applicable Laws and in compliance with all
applicable industry standard practices. The violation of the preceding sentence shall be deemed a material breach of this Lease for which LANDLORD may immediately terminate this Lease. TENANT shall (i) notify LANDLORD immediately of any release or threat of release of any Hazardous Material on or from the Premises and any loss or damage or claim of loss or damage resulting therefrom, (ii) be solely responsible for remediating all contamination in compliance with all applicable Laws at
TENANT’S sole cost and expense, and in addition to any other rights and remedies available to
LANDLORD, (iii) without limiting any other right, remedy or provision of this Lease, indemnify, defend
and hold LANDLORD and LANDLORD’S agents, officials, employees, volunteers, boards,
commissions, committees and the Town of Nantucket (the “LANDLORD Indemnitees”) harmless from
and against all liability, loss, damage, costs and expenses (including without limitation, reasonable
attorney’s fees and expenses), causes of action, suits, claims, demands, or judgements (“Claims”) of any
nature in any way suffered, incurred or paid as a result of the presence or release or threatened release of
Hazardous Materials on or from the Premises which is caused or exacerbated by TENANT, its agents,
employees, contractors, representatives, licensees, or invitees. TENANT hereby acknowledges and
agrees that LANDLORD shall have no responsibility to TENANT, its agents, employees, representatives,
{A0493951.4 } Page 8 of 11
permittee and invitees, for the presence of such Hazardous Materials on the Premises or be required to
abate or remediate the same. This provision shall survive the expiration or termination of the Lease.
ARTICLE NINE: INSURANCE
[FOR DISCUSSION] TENANT shall maintain in full force from the date of commencement of the Lease
and throughout the Term and thereafter so long as TENANT is in occupancy of the Premises a policy of
comprehensive general and aviation liability insurance, with respect to the Premises, the Aircraft and the property of which the Premises are a part, in the amount of $1,000,000, for each occurrence with property damage insurance in limits of $500,000 for each occurrence. The policy shall be written with an insurance company licensed to do business in Massachusetts, and in good standing therein, insuring LANDLORD as well as TENANT against injury to persons or damage to property as provided. All
certificates will indicate the “Town of Nantucket/Nantucket Memorial Airport Commission
(LANDLORD)” as an additional insured.
ARTCILE TEN: INDEMNIFICATION
TENANT at its expense, shall release, defend, indemnify and hold harmless LANDLORD Indemnitees
from and against all Claims based upon or arising out of TENANT’S conduct at the Airport or its use of
the Premises or any other Airport property, provided that TENANT shall not be liable for any Claim
caused solely by the willful misconduct or gross negligence of LANDLORD. The foregoing express
obligation of indemnification shall not be construed to negate or abridge any other obligation of indemnification running to LANDLORD Indemnitees that would exist under any applicable Law or this Lease, and the extent of the obligation of indemnification shall not be limited by any provision of insurance undertaken in accordance with this Lease. LANDLORD shall give TENANT prompt written notice of any Claim threatened or made or suit instituted against a LANDLORD Indemnitee that could
result in a claim of indemnification hereunder. This indemnification agreement shall survive the
expiration or earlier termination of this Lease.
ARTICLE ELEVEN: TERMINATION; DEFAULT
a. Termination for Convenience. Either party may terminate this Lease for convenience at the end of any month of the Term by giving the other party written notice at least thirty (30) days
before the end of said month.
b. Default and Remedies.
1. If TENANT shall neglect or fail to perform or observe any of TENANT’S covenants herein,
and such neglect or failure shall continue for a period of ten (10) days in case of nonpayment
of money or otherwise for a period of twenty (20) days after written notice to TENANT, or
TENANT shall become unable to meet its obligations as they become due, or if a receiver is
appointed for TENANT, or if any assignment shall be made of TENANT’s property for the
benefit of creditors, then LANDLORD shall have the right thereafter, while such default
continues, to re-enter and take complete possession of the Premises, to declare the term of
this Lease ended, and remove TENANT’S effects, without prejudice to any remedies which
might be otherwise used for arrears of rent or other default. TENANT shall indemnify
LANDLORD against all loss of rent and other payments, which LANDLORD may incur by
reason of such termination during the residue of the Term. If TENANT defaults, after
reasonable notice thereof, in the observance or performance of any conditions or covenants
on TENANT’s part to be observed or performed under or by virtue of any of the provisions
{A0493951.4 } Page 9 of 11
in any article of this Lease, LANDLORD, without being under any obligation to do so and
without thereby waiving such default, may remedy such default for the account and at the
expense of TENANT. If LANDLORD makes any expenditures or incurs any obligations for
the payment of money in connection therewith, including but not limited to, reasonable
attorney’s fees in instituting, prosecuting or defending any action or proceeding, such sums
paid or obligations incurred, with interest at the rate of one and one-half percent per month (18% per annum) and costs, shall be paid to LANDLORD by TENANT as additional rent.
2. If TENANT shall be dispossessed therefrom by or under any authority other than LANDLORD, or if the leasehold hereby created shall be taken on execution or by other process of law, or if any assignment or trust mortgage shall be made of TENANT’S property
for the benefit of creditors, or if a receiver or similar officer shall be appointed to take charge
of all or any part of TENANT’S property by a court of competent jurisdiction and shall not
be discharged within thirty (30) days after his appointment, or if a petition is filed against
TENANT under any insolvency or bankruptcy law and the same shall not be dismissed
within thirty (30) days after the date upon which it is filed, then, and in any of said cases,
LANDLORD lawfully may, immediately or at any time thereafter and without demand or
notice, enter upon the Premises as LANDLORD’S former estate and expel TENANT and
those claiming through or under it and remove it and their effects, forcibly if necessary,
without being deemed guilty of any manner of trespass and without prejudice to any
remedies which might otherwise be used for arrears of rent or preceding breach of covenants,
and upon such entry this Lease shall terminate.
3. If TENANT is in default under this Lease, LANDLORD may terminate the same by giving
TENANT at least fifteen (15) days’ written notice of termination and may hold any aircraft
housed therein until unpaid Rent or amounts due under this Lease are paid. TENANT
hereby waives and releases any and all claims, actions, and damages in connection with
LANDLORD holding such aircraft until unpaid Rent or amounts due under this Lease are
paid.
ARTICLE TWELVE: SURRENDER; HOLDING OVER
TENANT will at the termination or expiration of this Lease quietly and peaceably yield up the Premises
in as good and tenantable condition as at the commencement of the Lease, reasonable wear and tear
excepted. If, after the termination or expiration of this Lease, TENANT shall remain in possession without any express written agreement as to such holding over, TENANT shall be deemed to be a tenant at sufferance from day to day at a daily rental rate equal to two hundred fifty percent (250%) of the Rent previously in effect. During such continued occupancy, all other provisions of this Lease (except as to the term) shall be in effect.
ARTICLE THIRTEEN: GENERAL PROVISIONS
a. Headings. The captions and headings throughout this Lease are for convenience and reference only, and the words contained herein shall in no way be held or deemed to define, limit, describe, explain, modify, amplify or add to the interpretation, construction or meaning of any of the provisions or the scope of intent of this Lease.
b. Severability. If any provision of this Lease shall to any extent be held invalid or unenforceable,
the remainder of this Lease shall not be deemed affected thereby, unless one or both parties
would be substantially and materially prejudiced.
{A0493951.4 } Page 10 of 11
b.c. Joint and Several language for multiple owners?
c.d. No Personal Liability. TENANT may not seek to hold any individual member, director, officer,
or employee of LANDLORD or the Town of Nantucket liable under any term or provision of this
Lease, or because or any breach thereof, or because of its execution or attempted execution, nor
may TENANT seek to hold any individual member, director, officer, or employee of
LANDLORD liable for any acts or conduct undertaken pursuant to this Agreement, whether such
asserted liability is based in tort or any other statute or common law.
d.e. Non-Waiver. No term or provision hereof shall be deemed waived and no breach excused,
unless such waiver or consent shall be in writing and signed by the party claimed to have waived
or consented. Any consent by any party to, or waiver of, a breach by the other, whether
expressed or implied, shall not constitute consent to, waiver of, or excuse for any different or
subsequent breach.
e.f. Entire Agreement. This Lease constitutes the entire agreement between the parties hereto, and
all prior agreements covering the rights and privileges set out herein are superseded by and
merged into this Lease.
f.g. Amendment. This Lease may not be amended or modified except by a written instrument
executed by both LANDLORD and TENANT.
g.h. Governing Law. This Lease shall be deemed to be made and construed in accordance with the
Laws of the Commonwealth of Massachusetts. If either party institutes legal suit or action for
enforcement of any obligation contained herein, it is agreed that the venue of such suit or action
shall be the county in which the Airport is located, or the United States District Court having
jurisdiction over such county, and the parties hereby waive any right to contest the
appropriateness of any action brought in any such court based on lack of personal jurisdiction,
improper venue or forum non conveniens.
h.i. Waiver of Jury Trial. TENANT and LANDLORD hereby waive trial by jury in any action,
proceeding or counterclaim brought by either party against the other or in any matter whatsoever
arising out of or in any way connected with this Lease, the relationship of LANDLORD and
TENANT created thereby, TENANT’S use or occupancy of the Premises or the Airport, or any
claim for injury or damage.
i.j. Consequential Damages. LANDLORD, the Town of the Town of Nantucket, and their
respective members, directors, officers, agents and employees shall not be liable to
TENANT for any loss of business or any indirect, incidental, special or consequential damages
or lost profits arising out of or relating to this Lease or from whatever other cause.
1. Notices. All notices required to be given hereunder shall be in writing and shall be deemed duly
given if mailed, certified mail, return receipt requested, or when received or refused, if hand
delivered, upon sending if emailed, sent by a nationally recognized overnight courier to the
following addresses:
LANDLORD: Airport Manager
Nantucket Memorial Airport
{A0493951.4 } Page 11 of 11
14 Airport Road
Nantucket, MA 02554
Email: __________________
TENANT:
or to such other addresses as may from time to time be specified in writing by any party hereto.
j.k. Counterparts. This Lease may be executed simultaneously in counterparts, each of which shall
be deemed to be an original copy of this Lease and, when taken together, shall be deemed to be
one and the same Lease.
IN WITNESS WHEREOF, LANDLORD and TENANT have caused this Lease to be executed under
seal as of the day and year first written above.
TENANT: NANTUCKET MEMORIAL AIRPORT:
_______________________________ _______________________________________
Signature Authorized Representative
_______________________________ David Sylvia, Compliance Manager__________
Print Name Print Name & Title
_______________________________ _______________________________________
Date Date
MASSDOT STANDARD CONTRACT FORM
((UUppddaatteedd 33//2211//22001144)) PPaaggee 11 ooff 55
This form is issued and published by the Massachusetts Department of Transportation (MassDOT or Department). Any changes to the official printed language of this form shall be void. Additional non-conflicting terms may be added by Attachment. Contractors may not require any additional agreements, engagement letters, contract forms or other additional
terms as part of this Contract without prior Department approval. Click on hyperlinks for definitions, instructions and legal requirements that are incorporated by reference into this
Contract. An electronic copy of this form is available at www.mass.gov/osc under Guidance For Vendors - Forms or www.mass.gov/osd under OSD Forms.
CONTRACTOR LEGAL NAME: Town of Nantucket
(and d/b/a):
DEPARTMENT NAME: Massachusetts Department of Transportation
MMARS Department Code: DOT
Legal Address: (W-9, W-4,T&C): 18 Broad St.Nantucket, MA 02554 Business Mailing Address: 1 Harborside Drive, Ste.205N, East Boston, MA 02128
Contract Manager: Thomas Rafter Billing Address (if different):
E-Mail: trafter@nantucketairport.com Contract Manager: Thomas Mahoney
Phone: 508-325-5300 Fax: 508-325-5306 E-Mail: thomas.mahoney@dot.state.ma.us
Contractor Vendor Code: VC6000191899 Phone: 617-412-3680 Fax: 617-412-3679
Vendor Code Address ID (e.g. “AD001”): AD001
(Note: The Address Id Must be set up for EFT payments.)
MMARS Doc ID(s): AIP33682018ACKEMGGEN
RFR/Procurement or Other ID Number: 19ACKEMGGEN
_X__ NEW CONTRACT
PROCUREMENT OR EXCEPTION TYPE: (Check one option only)
__ Statewide Contract (OSD or an OSD-designated Department)
__ Collective Purchase (Attach OSD approval, scope, budget)
x_ Department Procurement (includes State or Federal grants 815 CMR 2.00)
(Attach RFR and Response or other procurement supporting documentation)
__ Emergency Contract (Attach justification for emergency, scope, budget)
__ Contract Employee (Attach Employment Status Form, scope, budget)
__ Legislative/Legal or Other: (Attach authorizing language/justification, scope and budget)
___ CONTRACT AMENDMENT
Enter Current Contract End Date Prior to Amendment: , 20 .
Enter Amendment Amount: $ --------. (or “no change”)
AMENDMENT TYPE: (Check one option only. Attach details of Amendment changes.)
__ Amendment to Scope or Budget (Attach updated scope and budget)
__ Interim Contract (Attach justification for Interim Contract and updated scope/budget)
__ Contract Employee (Attach any updates to scope or budget)
__ Legislative/Legal or Other: (Attach authorizing language/justification and updated
scope and budget)
The following MassDOT TERMS AND CONDITIONS (T&C) has been executed, filed with CTR and is incorporated by reference into this Contract.
_X_ MassDOT Terms and Conditions __ Commonwealth Terms and Conditions For Human and Social Services
COMPENSATION: (Check ONE option): The Department certifies that payments for authorized performance accepted in accordance with the terms of this Contract will be supported
in the state accounting system by sufficient appropriations or other non-appropriated funds, subject to intercept for MassDOT/Commonwealth owed debts under 815 CMR 9.00. __ Rate Contract (No Maximum Obligation. Attach details of all rates, units, calculations, conditions or terms and any changes if rates or terms are being amended.)
X_ Maximum Obligation Contract Enter Total Maximum Obligation for total duration of this Contract (or new Total if Contract is being amended). $21,250.00
PROMPT PAYMENT DISCOUNTS (PPD): Commonwealth payments are issued through EFT 45 days from invoice receipt. Contractors requesting accelerated payments must
identify a PPD as follows: Payment issued within 10 days __% PPD; Payment issued within 15 days __ % PPD; Payment issued within 20 days __ % PPD; Payment issued within
30 days __% PPD. If PPD percentages are left blank, identify reason: I agree to standard 45 day cycle __ statutory/legal or Ready Payments (G.L. c. 29, § 23A); __ only initial
payment (subsequent payments scheduled to support standard EFT 45 day payment cycle. See Prompt Pay Discounts Policy.)
BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT: (Enter the Contract title, purpose, fiscal year(s) and a detailed description of the scope
of performance or what is being amended for a Contract Amendment. Attach all supporting documentation and justifications.) Install Emergency Backup Generator AIP 3-25-0033-068-2018
ANTICIPATED START DATE: (Complete ONE option only) The Department and Contractor certify for this Contract, or Contract Amendment, that Contract obligations:
_X_ 1. may be incurred as of the Effective Date (latest signature date below) and no obligations have been incurred prior to the Effective Date.
__ 2. may be incurred as of , 20 , a date LATER than the Effective Date below and no obligations have been incurred prior to the Effective Date.
__3. were incurred as of , 20 , a date PRIOR to the Effective Date below, and the parties agree that payments for any obligations incurred prior to the Effective Date are authorized to be made either as settlement payments or as authorized reimbursement payments, and that the details and circumstances of all obligations under this Contract are
attached and incorporated into this Contract. Acceptance of payments forever releases the Commonwealth and MassDOT from further claims related to these obligations.
CONTRACT END DATE: Contract performance shall terminate as of September 30, 2019 with no new obligations being incurred after this date unless the Contract is properly
amended, provided that the terms of this Contract and performance expectations and obligations shall survive its termination for the purpose of resolving any claim or dispute, for completing any negotiated terms and warranties, to allow any close out or transition performance, reporting, invoicing or final payments, or during any lapse between amendments.
CERTIFICATIONS: Notwithstanding verbal or other representations by the parties, the “Effective Date” of this Contract or Amendment shall be the latest date that this Contract or
Amendment has been executed by an authorized signatory of the Contractor, the Department, or a later Contract or Amendment Start Date specified above, subject to any required
approvals. The Contractor makes all certifications required under the attached Contractor Certifications (incorporated by reference if not attached hereto) under the pains and
penalties of perjury, agrees to provide any required documentation upon request to support compliance, and agrees that all terms governing performance of this Contract and doing
business in Massachusetts are attached or incorporated by reference herein according to the following hierarchy of document precedence, the MassDOT Terms and Conditions, this
Standard Contract Form including the Instructions and Contractor Certifications, the Request for Response (RFR) or other solicitation, the Contractor’s Response, and additional
negotiated terms, provided that additional negotiated terms will take precedence over the relevant terms in the RFR and the Contractor’s Response only if made using the process
outlined in 801 CMR 21.07, incorporated herein, provided that any amended RFR or Response terms result in best value, lower costs, or a more cost effective Contract.
AUTHORIZING SIGNATURE FOR THE CONTRACTOR:
X: . Date: . (Signature and Date Must Be Handwritten At Time of Signature)
Print Name: Daniel Drake
Print Title: Chairman
AUTHORIZING SIGNATURE FOR MassDOT:
X: . Date: . (Signature and Date Must Be Handwritten At Time of Signature)
Print Name: Jeffrey DeCarlo
Print Title: Administrator
Logan Office Center, One Harborside Drive, Suite 205N
East Boston, MA 02128
Tel: 617-412-3680, TDD: 617-973-7306
www.mass.gov/massdot Leading the Nation in Transportation Excellence
GRANT ASSURANCES
Nantucket Memorial Airport
Install Emergency Backup Generator
AIP Project No. #3-25-0033-068-2018
State Grant No. #ACKEMGGEN
A. Definitions.
1. "Aeronautics Division" shall mean the Massachusetts Department of Transportation
(MassDOT) Aeronautics Division.
2. "Airport" shall mean the Nantucket Memorial Airport and all appurtenant areas and
facilities which are used, or intended for use, for airport buildings, airport facilities, or
rights-of-way, together with all buildings and facilities located thereon.
3. "Airport Commission" shall mean the Nantucket Airport Commission with members
appointed by the Board of Selectmen, as appropriate pursuant to Section 51 E of
Chapter 90 of the General Laws.
4. “Town” shall mean the Town of Nantucket.
5. "FAA" shall mean the Federal Aviation Administration.
6. "Grant" shall mean the Grant Agreements dated 9/10/2018 as amended by these Grant
Assurances by and between the Aeronautics Division, the Airport Commission and the
Town of Nantucket.
7. "Grant Assurances" shall mean the assurances and certifications contained herein and
made by the Airport Commission for the purpose of securing the Aeronautics Division's
approval and award of the Grant.
8. "Program" shall mean the investigation and analysis, engineering, consulting, planning,
design and construction of the subject project.
9. "Project” shall mean Install Emergency Backup Generator and related work included as
additional efforts in the Program at the sole discretion of the Aeronautics Division.
10. The project will be conducted upon Airport property as well as outside the Airport
boundaries with funding from the FAA, the Airport Commission and the Aeronautics
Division.
B. General.
1. These Grant Assurances shall be complied with in the performance of the obligations
imposed upon the Airport Commission, the Town and its respective successors pursuant
to the Grant.
Grant Assurances – AIP Project No. #3-25-0033-068-2018
Page 2 of 10
2. Upon acceptance of the Grant by the Airport Commission and the execution of the
Grant by the Airport Commission, the Town and the Aeronautics Division, these Grant
Assurances shall be incorporated in and become a part of the Grant without further
reference.
C. Duration.
1. The terms and conditions of these Grant Assurances shall take full force and effect on the
date the Grant is executed by the Aeronautics Division and shall remain in full force and
effect for twenty (20) years from the date of the receipt of funds for this Project by the
Airport Commission or from the Aeronautics Division, whichever occurs later.
D. Certifications by the Airport Commission.
1. The Airport Commission hereby assures and certifies that it will comply with:
a. all applicable federal, state and local laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the acceptance, application, and use of
federal and state funds for this Project; and
b. all applicable federal, state and local laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the custody, care, management and
operation of the Airport.
2. The Airport Commission hereby assures and certifies that:
a. oversight of the Airport is exclusively held by the Airport Commission and that the
Airport Commission has sole custody and control of the Airport pursuant to Chapter
90, Section 51 E of the General Laws;
b. the state funds from previous grants from the Aeronautics Division, and the physical
assets they produced, were sought by the Airport Commission on the basis that they
would ensure the continued fiscal and operational stability of the Airport;
c. the state funds from this Grant, and the physical assets they will produce, are sought
by the Airport Commission on the basis that they will ensure the continued fiscal and
operational stability of the Airport;
d. the Airport Commission has the legal authority to apply for, accept, and be bound by
this Grant and the understandings and assurances contained therein;
e. the Airport Commission has the legal authority to oversee the performance of all of
the obligations imposed upon the Airport Commission and the Town by this Grant;
f. the Airport Commission, with the acceptance of this Grant, has sufficient state and
local funds to finance and carry out this Project;
g. the Airport Commission shall submit within thirty (30) days of the date the
Aeronautics Division executes this Grant a finance plan with details as to the total
cost to design and construct the subject project and the sources and amounts of
funds the Airport Commission has available to it to pay those costs;
Grant Assurances – AIP Project No. #3-25-0033-068-2018
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h. the Airport Commission shall not take any action which would deprive the Airport
Commission of, or otherwise diminish, any of the rights, privileges, responsibilities or
powers of the Airport Commission as are necessary to exercise the custody, care and
management of the Airport or to perform the terms, conditions, and assurances in
this Grant, previous grants and future grants from the Aeronautics Division without
the prior written approval of the Aeronautics Division. The Airport Commission will
act promptly to acquire, extinguish or modify any outstanding rights or claims of
rights of others which would interfere with such performance by the Airport
Commission;
i. the Airport Commission shall not sell, encumber, other than leasing, or otherwise
transfer or dispose of the title to or interests in the physical assets and real property
located at the Airport without the prior approval of the Aeronautics Division, which
shall not be unduly withheld;
j. the Airport Commission shall not eliminate all or any portion of the physical assets
and real property previously purchased through a MAC grant, located at the Airport
without the prior approval of the Aeronautics Division, which shall not be unduly
withheld; and
k. the Airport Commission has authorized the Chairman of the Airport Commission to
execute the Grants and the Grant Assurances on behalf of the Airport Commission
and has attached hereto a copy of the Airport Commission meeting minutes, certified
by the Secretary of the Airport Commission to be a true copy of said minutes,
documenting such authorization.
E. Certification of the Board of Selectmen of Nantucket.
1. Notwithstanding any powers that may be granted to the Board of Selectmen of
Nantucket the Town agrees not to attempt to reorganize the Airport Commission, or in
any way to interfere with the autonomy and authority of the Airport Commission as
created under Chapter 90, Section 51E of the General Laws, without the express
approval of the Aeronautics Division.
2. The Town assures and certifies that it will take no actions that would interfere with the
Airport Commission’s ability to comply with:
a. all applicable federal, state and local laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the acceptance, application, and use
of federal and state funds for this Project; and
b. all applicable federal, state and local laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the custody, care, management and
operation of the Airport.
3. The Town hereby assures, certifies and acknowledges that:
a. notwithstanding any powers, authority of responsibility that may be granted to the
Town, it agrees not to interfere unlawfully with the powers, authority and
responsibilities granted to the Airport Commission by Chapter 90, Section 51 E of
Grant Assurances – AIP Project No. #3-25-0033-068-2018
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the General Laws; provided, however, that this provision shall not preclude the
establishment of a management agreement or agreements between the Airport
Commission and the Town to contract for services, resources and skills of the Town
offices or any department of the Town; provided further that each such agreement
shall not take effect until approved by the Aeronautics Division in writing;
b. the state funds from the Grant, and the physical assets they will produce, are
sought by the Airport Commission on the basis that they will ensure the continued
fiscal and operational stability of the Airport;
c. The Airport Commission has the legal authority to apply for and accept this Grant
and the understandings and assurances contained therein;
d. The Airport Commission has the legal authority to oversee the performance of all
the obligations imposed upon the Airport Commission and the Town by this Grant;
and
e. the Airport Commission, with the acceptance of this Grant, has sufficient state and
local funds to finance and carry out this Project.
4. The Town hereby assures and certifies that:
a. the Town shall not take or permit any action which would dissolve the Airport
Commission or deprive the Airport Commission of any of the rights, privileges,
responsibilities or powers of the Airport Commission as are necessary for it to
exercise the custody, care and management of the Airport or to perform any or all
of the terms, conditions, and assurances in the Grant, previous grants and future
grants from the Aeronautics Division without the prior written approval of the
Aeronautics Division, and the Town will act promptly to acquire, extinguish or
modify any outstanding rights or claims of rights of others which would interfere
with such performance by the Airport Commission;
b. the Town shall not take any actions which would have the effect of modifying or
terminating any of the obligations and responsibilities imposed upon and accepted
by the Airport Commission pursuant to this Grant without the prior written
approval of the Aeronautics Division; and
c. the Town shall not take any action which would have the effect of altering,
modifying, expanding, or eliminating all or any portion of the physical assets and
real property located at the Airport without the prior written approval of the
Aeronautics Division.
5. The Board of Selectmen hereby assures and certifies that it has authorized their
Chairman to execute these Grant Assurances on behalf of the Town and has attached
hereto a copy of the meeting minutes, certified by the Secretary to be a true copy of said
minutes, documenting such authorization.
F. Accounting System, Audit and Record Keeping Requirements.
1. The Airport Commission hereby covenants and agrees to:
Grant Assurances – AIP Project No. #3-25-0033-068-2018
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a. deposit all funds received for this Project into an Airport Commission segregated
account and to disburse said funds solely for the purposes for which they were
paid;
b. keep all Project accounts and records which fully disclose: i) the total cost of the
Project. ii) the amount and disposition by the Airport Commission of the proceeds
of all grants and other funds received by the Airport Commission for this Project. iii)
the amount and nature of the funds supplied by each source for this Project. and,
iv) such other financial records as are pertinent to the Project;
c. keep all Project accounts and records in accordance with an accounting system
that will facilitate an effective financial audit of the Project; and
d. upon request, make available to the Aeronautics Division or its designated
representative for the purpose of audit and examination, any books, documents,
papers, and records of the Airport Commission or Town that is pertinent to the
Project.
G. Conformity to Plans, Specifications and Aeronautics Division Approvals.
1. The Airport Commission shall execute the Project subject to the plans, specifications,
budgets and schedules reviewed and approved by the Aeronautics Division and such
other guidance as the Aeronautics Division deems appropriate. All modifications to the
approved plans, specifications, budgets and schedules shall also be subject to the review
and approval of the Aeronautics Division.
2. The Airport Commission shall provide and maintain competent technical and
administrative supervision throughout the duration of the Project to ensure the Project is
completed in accordance with the terms of the Grant, these Assurances, the approved
plans, specifications, budgets and schedules.
H. Airport Operation and Maintenance.
1. The Airport Commission shall operate the Airport for:
a. the aeronautical benefit of the public using the Airport;
b. the uses intended by the Aeronautics Division in the approval of the Airport
Certificate;
c. the uses intended by the Aeronautics Division and Federal Aviation Administration
in the award of their respective funding grants; and
d. such non-aeronautical uses as are explicitly approved in writing by the FAA and
the Aeronautics Division.
2. The Airport Commission shall suitably operate and maintain the Airport and all facilities
located thereon or connected therewith with due regard to climatic and flood
conditions. The Airport and all facilities which are necessary to serve the aeronautical
users of the Airport, other than facilities owned and controlled by the United states, shall
Grant Assurances – AIP Project No. #3-25-0033-068-2018
Page 6 of 10
be operated at all times in a safe and serviceable condition and in accordance with the
minimum standards as may be required or prescribed by federal or state agencies for
airport maintenance and operation.
3. Except as provided for in Section I (5) below, the Airport Commission shall not cease to
operate, abandon, or dispose of the Airport, or any part thereof, without the prior
written consent of the Aeronautics Division.
4. The Airport Commission or the Board of Selectmen of the Town shall not close the
Airport or restrict the use of the Airport or any of the facilities located thereon or
connected therewith without the prior written permission of the Aeronautics Division.
5. The Airport Commission, the Airport Manager or, in the absence of the Airport Manager,
the Assistant Airport Manager, may suspend the operation of the Airport for aeronautical
use only during temporary periods when a climatic condition or other condition
identified as a reason for suspension of airport operations in applicable federal or state
aeronautical laws, rules, regulations, advisories, or orders, interferes with the safe
operation and maintenance of the Airport. The Airport Commission, the Airport
Manager or, in the absence of the Airport Manager, the Assistant Airport Manager, shall
comply with all applicable federal or state aeronautical laws, rules, regulations,
advisories, or orders governing said suspension of operations.
6. The obligation to operate the Airport as prescribed above shall run for twenty (20) years
from the date of the receipt of funds for this Project by the Airport Commission from the
Aeronautics Division or the Federal Aviation Administration, whichever occurs later.
I. Compatible Land Use.
1. The Airport Commission and the Town shall take appropriate action to the extent
reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the
Airport to activities and purposes compatible with normal airport operations, including
landing and takeoff of aircraft.
J. Economic Nondiscrimination.
1. The Airport Commission and the Board of Selectmen of the Town shall make the Airport
available as an airport for public use on fair and reasonable terms and without unjust
discrimination, to all types, kinds and classes of aeronautical use.
2. Every agreement, contract, lease or other arrangement under which a right or a
privilege is granted to any person, firm, or corporation to conduct or engage in any
activity at the Airport, shall require such person, firm, or corporation to conduct or
engage in their respective activity(ies) in a fair, reasonable and not unjustly
discriminatory manner.
3. Each person, firm, or corporation operating at the Airport shall be subject to the same
rates, fees, rentals and other charges as are uniformly applicable to all other persons,
firms, or corporations making the same or similar uses of the Airport and utilizing the
same or similar facilities.
Grant Assurances – AIP Project No. #3-25-0033-068-2018
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4. The Airport Commission and Board of Selectmen of the Town shall not exercise or grant
any exclusive right or privilege which operates to prevent any person, firm or
corporation from providing the same or similar service at the Airport.
5. Subject to the prior written approval of the Aeronautics Division, the Airport Commission
may prohibit or limit any given type, kind or class of aeronautical use of the Airport if
such action is necessary for the safe operation of the Airport or necessary to serve the
civil aviation needs of the public.
6. The Airport Commission shall establish such fair, equal and not unjustly discriminatory
conditions to be met by all users of the Airport as may be necessary for the safe and
efficient operation of the Airport.
K. Airport Revenues.
1. The Airport Commission shall maintain a fee and rental structure for all Airport property,
facilities and services. Said fee and rental structure shall be constructed so as to make the
Airport as self-sustaining as possible under the circumstances existing at the Airport. A
copy of said fee and rental structure and any future amendments thereto shall be
provided to the Aeronautics Division, upon request.
2. All revenues generated at the Airport and payable to the Airport Commission plus any
local taxes on aircraft fuel established after December 30, 1987, shall be deposited in an
Airport Commission segregated account and expended by the Airport Commission for
the capital or operating costs of the Airport.
L. Reports and Inspections.
1. The Airport Commission shall, upon reasonable request:
a. submit to the Aeronautics Division such annual or special financial and operations
reports to the Aeronautics Division;
b. make available to the public at reasonable times and places a report of the airport
budget in a format satisfactory to the Aeronautics Division;
c. make all Airport and Airport Commission records and documents affecting the
Airport, including deeds, leases, operation and use agreements, regulations and
other instruments, available for inspection by any duly authorized agent of the
Aeronautics Division; and
d. in a format prescribed by the Aeronautics Division, provide to the Aeronautics
Division and make available to the public, not later than one hundred and twenty
(120) days following each of its fiscal years, an annual report listing in detail:
i. all amounts paid by the Airport to any other unit of government and the
purposes for which each such payment was made; and
Grant Assurances – AIP Project No. #3-25-0033-068-2018
Page 8 of 10
ii. all service and property provided by the Airport to other units of government
and the amount of compensation received for providing each such service
and property.
M. Airport Layout Plan.
1. The Airport Commission shall maintain an up to date Airport Layout Plan (ALP) of the
Airport which shall show:
a. the boundaries of the Airport and all proposed additions thereto or deletions
therefrom, together with the boundaries of all offsite areas owned or controlled by
the Airport Commission for Airport purposes and any proposed additions thereto
or deletions therefrom;
b. the location and nature of all existing and proposed Airport facilities and structures
(such as runways, taxiways, aprons, terminal buildings, hangars, other buildings
and structures, and roads) including all proposed extensions and reductions of
existing airport facilities; and
c. the location and nature of all existing and proposed non-aviation areas at the
Airport and of all existing or proposed improvements located thereon.
2. The ALP, and each amendment, revision or modification thereof, shall be subject to the
approval of the Aeronautics Division, which approval shall be evidenced by the
signature of a duly authorized representative of the Aeronautics Division on the face of
the ALP.
3. The Airport Commission and/or Board of Selectmen shall not make or permit any
changes or alterations in the Airport or any of the facilities at the Airport thereby causing
non-conformity with the ALP as approved by the Aeronautics Division and which might,
in the opinion of the Aeronautics Division, adversely affect the safety, utility or efficiency
of the Airport. If a change or alteration of the Airport or the facilities is made which the
Aeronautics Division subsequently determines adversely affects the safety, utility or
efficiency of the Airport, the Airport Commission and the Board of Selectmen shall, if
requested by the Aeronautics Division:
a. eliminate such adverse effect in a manner approved by the Aeronautics Division;
or,
b. bear all costs of relocating such property (or replacement thereof) to the level of
safety, utility, efficiency and cost of operation existing prior to the unapproved
change in the Airport or its facilities.
N. Civil Rights.
1. The Airport Commission, Board of Selectmen and their respective agents, employees and
representatives, shall comply with applicable federal, state, and local laws, regulations,
rules and orders to assure that no person shall, based on race, color, age, gender,
ethnicity, sexual orientation, gender identity or expression, religion, creed, ancestry,
Grant Assurances – AIP Project No. #3-25-0033-068-2018
Page 9 of 10
national origin, disability, veteran’s status (including Vietnam-Era Veterans), be excluded
from participating in any activity conducted with or benefiting from funds received from
this Grant.
O. Disposal of Land and Airport Facilities.
1. The Airport Commission and Board of Selectmen shall not sell or otherwise transfer or
dispose of the title to or interests in the Airport, its facilities, real property or personal
property without the prior approval of the Aeronautics Division, which will not be
unduly withheld.
P. Foreign Market Restrictions.
1. The Airport Commission and Board of Selectmen shall not allow funds provided under
this Grant to be used to fund any project which uses any product or service of a foreign
country during the period in which such foreign country is listed by the United States
Trade representative as denying fair and equitable market opportunities for products
and suppliers of the United States in procurement and construction.
Q. Future Grants.
1. This Grant is being awarded in the expectation that the Airport Commission will
complete the scope of work associated with this Project.
2. The Airport Commission and Board of Selectmen (collectively referred to here as "the
local entities") and the Aeronautics Division jointly and severally acknowledge and agree
that this Grant is awarded and accepted on the explicit understanding that this Grant
and any future grant or grants, anticipated to fund further development of the Airport
will have included in its (their) terms a guarantee by the local entities that no part of the
assets or income of the Airport, whether presently existing or to be created pursuant to
these grants, will be diverted to non-airport uses without the express prior written
approval of the Aeronautics Division, the granting of such approval being universally
recognized to be considered as highly unlikely.
R. Successors.
1. This Grant, as amended by these Assurances, shall be binding upon and shall inure to
the benefit of the successors of the parties hereto.
Grant Assurances – AIP Project No. #3-25-0033-068-2018
Page 10 of 10
IN WITNESS WHEREOF, the Airport Commission and the of the Town of Nantucket certify that
the information contained herein and attached hereto is accurate and complete and that we
agree with the assurances herein, as represented by the signatures of the persons below:
Nantucket Airport Commission or Airport
Manager
By:__________________________
Title: Chairman or Airport Manager
Date: ______________________
I hereby certify that ___________________is the
Chairman of the Nantucket Airport Commission
and was authorized to execute these Grant
Assurances on behalf of the Nantucket Airport
Commission by a vote taken on____________, a
copy of which is attached and made a part
hereof.
____________________________________
Reporting Secretary
Chairman, Board of Selectmen, Town of
Nantucket
By: __________________________
Date: ________________________
I hereby certify that ____________________ is the
Chairman of the Board of Selectmen for the
Town of Nantucket and has been authorized to
execute these Grant Assurances on behalf of the
Town of Nantucket on this day_____________,
20_____.
___________________________________
Town Clerk, Town of Nantucket
MASSDOT STANDARD CONTRACT FORM
((UUppddaatteedd 33//2211//22001144)) PPaaggee 11 ooff 55
This form is issued and published by the Massachusetts Department of Transportation (MassDOT or Department). Any changes to the official printed language of this form shall be void. Additional non-conflicting terms may be added by Attachment. Contractors may not require any additional agreements, engagement letters, contract forms or other additional
terms as part of this Contract without prior Department approval. Click on hyperlinks for definitions, instructions and legal requirements that are incorporated by reference into this
Contract. An electronic copy of this form is available at www.mass.gov/osc under Guidance For Vendors - Forms or www.mass.gov/osd under OSD Forms.
CONTRACTOR LEGAL NAME: Town of Nantucket
(and d/b/a):
DEPARTMENT NAME: Massachusetts Department of Transportation
MMARS Department Code: DOT
Legal Address: (W-9, W-4,T&C): 18 Broad St.Nantucket, MA 02554 Business Mailing Address: 1 Harborside Drive, Ste.205N, East Boston, MA 02128
Contract Manager: Thomas Rafter Billing Address (if different):
E-Mail: trafter@nantucketairport.com Contract Manager: Nathan T. Rawding
Phone: 508-325-5300 Fax: 508-325-5306 E-Mail: Nathan.rawding@state.ma.us
Contractor Vendor Code: VC6000191899 Phone: 617-412-3636 Fax: 617-412-3679
Vendor Code Address ID (e.g. “AD001”): AD001
(Note: The Address Id Must be set up for EFT payments.)
MMARS Doc ID(s): CT DOT 1300 - AIP33692018ACKENVPMT
RFR/Procurement or Other ID Number: 19ACKENVPMT
_X__ NEW CONTRACT
PROCUREMENT OR EXCEPTION TYPE: (Check one option only)
__ Statewide Contract (OSD or an OSD-designated Department)
__ Collective Purchase (Attach OSD approval, scope, budget)
x_ Department Procurement (includes State or Federal grants 815 CMR 2.00)
(Attach RFR and Response or other procurement supporting documentation)
__ Emergency Contract (Attach justification for emergency, scope, budget)
__ Contract Employee (Attach Employment Status Form, scope, budget)
__ Legislative/Legal or Other: (Attach authorizing language/justification, scope and budget)
___ CONTRACT AMENDMENT
Enter Current Contract End Date Prior to Amendment: , 20 .
Enter Amendment Amount: $ --------. (or “no change”)
AMENDMENT TYPE: (Check one option only. Attach details of Amendment changes.)
__ Amendment to Scope or Budget (Attach updated scope and budget)
__ Interim Contract (Attach justification for Interim Contract and updated scope/budget)
__ Contract Employee (Attach any updates to scope or budget)
__ Legislative/Legal or Other: (Attach authorizing language/justification and updated
scope and budget)
The following MassDOT TERMS AND CONDITIONS (T&C) has been executed, filed with CTR and is incorporated by reference into this Contract.
_X_ MassDOT Terms and Conditions __ Commonwealth Terms and Conditions For Human and Social Services
COMPENSATION: (Check ONE option): The Department certifies that payments for authorized performance accepted in accordance with the terms of this Contract will be supported
in the state accounting system by sufficient appropriations or other non-appropriated funds, subject to intercept for MassDOT/Commonwealth owed debts under 815 CMR 9.00. __ Rate Contract (No Maximum Obligation. Attach details of all rates, units, calculations, conditions or terms and any changes if rates or terms are being amended.)
X_ Maximum Obligation Contract Enter Total Maximum Obligation for total duration of this Contract (or new Total if Contract is being amended). $26,415.00
PROMPT PAYMENT DISCOUNTS (PPD): Commonwealth payments are issued through EFT 45 days from invoice receipt. Contractors requesting accelerated payments must
identify a PPD as follows: Payment issued within 10 days __% PPD; Payment issued within 15 days __ % PPD; Payment issued within 20 days __ % PPD; Payment issued within
30 days __% PPD. If PPD percentages are left blank, identify reason: I agree to standard 45 day cycle __ statutory/legal or Ready Payments (G.L. c. 29, § 23A); __ only initial
payment (subsequent payments scheduled to support standard EFT 45 day payment cycle. See Prompt Pay Discounts Policy.)
BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT: (Enter the Contract title, purpose, fiscal year(s) and a detailed description of the scope
of performance or what is being amended for a Contract Amendment. Attach all supporting documentation and justifications.): Environmental Assessment (EA) and Environmental Impact Report (EIR)
AIP - 3-25-0033-069-2018
ANTICIPATED START DATE: (Complete ONE option only) The Department and Contractor certify for this Contract, or Contract Amendment, that Contract obligations:
_X_ 1. may be incurred as of the Effective Date (latest signature date below) and no obligations have been incurred prior to the Effective Date.
__ 2. may be incurred as of , 20 , a date LATER than the Effective Date below and no obligations have been incurred prior to the Effective Date.
__3. were incurred as of , 20 , a date PRIOR to the Effective Date below, and the parties agree that payments for any obligations incurred prior to the Effective Date are
authorized to be made either as settlement payments or as authorized reimbursement payments, and that the details and circumstances of all obligations under this Contract are
attached and incorporated into this Contract. Acceptance of payments forever releases the Commonwealth and MassDOT from further claims related to these obligations.
CONTRACT END DATE: Contract performance shall terminate as of June 30th, 2020 with no new obligations being incurred after this date unless the Contract is properly
amended, provided that the terms of this Contract and performance expectations and obligations shall survive its termination for the purpose of resolving any claim or dispute, for
completing any negotiated terms and warranties, to allow any close out or transition performance, reporting, invoicing or final payments, or during any lapse between amendments.
CERTIFICATIONS: Notwithstanding verbal or other representations by the parties, the “Effective Date” of this Contract or Amendment shall be the latest date that this Contract or
Amendment has been executed by an authorized signatory of the Contractor, the Department, or a later Contract or Amendment Start Date specified above, subject to any required approvals. The Contractor makes all certifications required under the attached Contractor Certifications (incorporated by reference if not attached hereto) under the pains and
penalties of perjury, agrees to provide any required documentation upon request to support compliance, and agrees that all terms governing performance of this Contract and doing
business in Massachusetts are attached or incorporated by reference herein according to the following hierarchy of document precedence, the MassDOT Terms and Conditions, this
Standard Contract Form including the Instructions and Contractor Certifications, the Request for Response (RFR) or other solicitation, the Contractor’s Response, and additional
negotiated terms, provided that additional negotiated terms will take precedence over the relevant terms in the RFR and the Contractor’s Response only if made using the process
outlined in 801 CMR 21.07, incorporated herein, provided that any amended RFR or Response terms result in best value, lower costs, or a more cost effective Contract.
AUTHORIZING SIGNATURE FOR THE CONTRACTOR:
X: . Date: .
(Signature and Date Must Be Handwritten At Time of Signature)
Print Name: Daniel W. Drake
Print Title: Chairman
AUTHORIZING SIGNATURE FOR MassDOT:
X: . Date: .
(Signature and Date Must Be Handwritten At Time of Signature)
Print Name: Jeffrey DeCarlo
Print Title: Administrator
Logan Office Center, One Harborside Drive, Suite 205N
East Boston, MA 02128
Tel: 617-412-3680, TDD: 617-973-7306
www.mass.gov/massdot Leading the Nation in Transportation Excellence
GRANT ASSURANCES
Nantucket Memorial Airport
Environmental Assessment (EA) and Environmental Impact Report (EIR)
AIP Project No. #-25-0033-069-2018
State Grant No. #19ACKENVPMT
A. Definitions.
1. "Aeronautics Division" shall mean the Massachusetts Department of Transportation
(MassDOT) Aeronautics Division.
2. "Airport" shall mean the Nantucket Memorial Airport and all appurtenant areas and
facilities which are used, or intended for use, for airport buildings, airport facilities, or
rights-of-way, together with all buildings and facilities located thereon.
3. "Airport Commission" shall mean the Nantucket Airport Commission with members
appointed by the Board of Selectmen, as appropriate pursuant to Section 51 E of
Chapter 90 of the General Laws.
4. “Town” shall mean the Town of Nantucket.
5. "FAA" shall mean the Federal Aviation Administration.
6. "Grant" shall mean the Grant Agreements dated 10/2/2018 as amended by these Grant
Assurances by and between the Aeronautics Division, the Airport Commission and the
Town of Nantucket.
7. "Grant Assurances" shall mean the assurances and certifications contained herein and
made by the Airport Commission for the purpose of securing the Aeronautics Division's
approval and award of the Grant.
8. "Program" shall mean the investigation and analysis, engineering, consulting, planning,
design and construction of the subject project.
9. "Project” shall mean Environmental Assessment (EA) and Environmental Impact Report
(EIR) and related work included as additional efforts in the Program at the sole discretion
of the Aeronautics Division.
10. The project will be conducted upon Airport property as well as outside the Airport
boundaries with funding from the FAA, the Airport Commission and the Aeronautics
Division.
B. General.
1. These Grant Assurances shall be complied with in the performance of the obligations
imposed upon the Airport Commission, the Town and its respective successors pursuant
to the Grant.
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2. Upon acceptance of the Grant by the Airport Commission and the execution of the
Grant by the Airport Commission, the Town and the Aeronautics Division, these Grant
Assurances shall be incorporated in and become a part of the Grant without further
reference.
C. Duration.
1. The terms and conditions of these Grant Assurances shall take full force and effect on the
date the Grant is executed by the Aeronautics Division and shall remain in full force and
effect for twenty (20) years from the date of the receipt of funds for this Project by the
Airport Commission or from the Aeronautics Division, whichever occurs later.
D. Certifications by the Airport Commission.
1. The Airport Commission hereby assures and certifies that it will comply with:
a. all applicable federal, state and local laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the acceptance, application, and use of
federal and state funds for this Project; and
b. all applicable federal, state and local laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the custody, care, management and
operation of the Airport.
2. The Airport Commission hereby assures and certifies that:
a. oversight of the Airport is exclusively held by the Airport Commission and that the
Airport Commission has sole custody and control of the Airport pursuant to Chapter
90, Section 51 E of the General Laws;
b. the state funds from previous grants from the Aeronautics Division, and the physical
assets they produced, were sought by the Airport Commission on the basis that they
would ensure the continued fiscal and operational stability of the Airport;
c. the state funds from this Grant, and the physical assets they will produce, are sought
by the Airport Commission on the basis that they will ensure the continued fiscal and
operational stability of the Airport;
d. the Airport Commission has the legal authority to apply for, accept, and be bound by
this Grant and the understandings and assurances contained therein;
e. the Airport Commission has the legal authority to oversee the performance of all of
the obligations imposed upon the Airport Commission and the Town by this Grant;
f. the Airport Commission, with the acceptance of this Grant, has sufficient state and
local funds to finance and carry out this Project;
g. the Airport Commission shall submit within thirty (30) days of the date the
Aeronautics Division executes this Grant a finance plan with details as to the total
cost to design and construct the subject project and the sources and amounts of
funds the Airport Commission has available to it to pay those costs;
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h. the Airport Commission shall not take any action which would deprive the Airport
Commission of, or otherwise diminish, any of the rights, privileges, responsibilities or
powers of the Airport Commission as are necessary to exercise the custody, care and
management of the Airport or to perform the terms, conditions, and assurances in
this Grant, previous grants and future grants from the Aeronautics Division without
the prior written approval of the Aeronautics Division. The Airport Commission will
act promptly to acquire, extinguish or modify any outstanding rights or claims of
rights of others which would interfere with such performance by the Airport
Commission;
i. the Airport Commission shall not sell, encumber, other than leasing, or otherwise
transfer or dispose of the title to or interests in the physical assets and real property
located at the Airport without the prior approval of the Aeronautics Division, which
shall not be unduly withheld;
j. the Airport Commission shall not eliminate all or any portion of the physical assets
and real property previously purchased through a MAC grant, located at the Airport
without the prior approval of the Aeronautics Division, which shall not be unduly
withheld; and
k. the Airport Commission has authorized the Chairman of the Airport Commission to
execute the Grants and the Grant Assurances on behalf of the Airport Commission
and has attached hereto a copy of the Airport Commission meeting minutes, certified
by the Secretary of the Airport Commission to be a true copy of said minutes,
documenting such authorization.
E. Certification of the Board of Selectmen of Nantucket.
1. Notwithstanding any powers that may be granted to the Board of Selectmen of
Nantucket the Town agrees not to attempt to reorganize the Airport Commission, or in
any way to interfere with the autonomy and authority of the Airport Commission as
created under Chapter 90, Section 51E of the General Laws, without the express
approval of the Aeronautics Division.
2. The Town assures and certifies that it will take no actions that would interfere with the
Airport Commission’s ability to comply with:
a. all applicable federal, state and local laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the acceptance, application, and use
of federal and state funds for this Project; and
b. all applicable federal, state and local laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the custody, care, management and
operation of the Airport.
3. The Town hereby assures, certifies and acknowledges that:
a. notwithstanding any powers, authority of responsibility that may be granted to the
Town, it agrees not to interfere unlawfully with the powers, authority and
responsibilities granted to the Airport Commission by Chapter 90, Section 51 E of
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the General Laws; provided, however, that this provision shall not preclude the
establishment of a management agreement or agreements between the Airport
Commission and the Town to contract for services, resources and skills of the Town
offices or any department of the Town; provided further that each such agreement
shall not take effect until approved by the Aeronautics Division in writing;
b. the state funds from the Grant, and the physical assets they will produce, are
sought by the Airport Commission on the basis that they will ensure the continued
fiscal and operational stability of the Airport;
c. The Airport Commission has the legal authority to apply for and accept this Grant
and the understandings and assurances contained therein;
d. The Airport Commission has the legal authority to oversee the performance of all
the obligations imposed upon the Airport Commission and the Town by this Grant;
and
e. the Airport Commission, with the acceptance of this Grant, has sufficient state and
local funds to finance and carry out this Project.
4. The Town hereby assures and certifies that:
a. the Town shall not take or permit any action which would dissolve the Airport
Commission or deprive the Airport Commission of any of the rights, privileges,
responsibilities or powers of the Airport Commission as are necessary for it to
exercise the custody, care and management of the Airport or to perform any or all
of the terms, conditions, and assurances in the Grant, previous grants and future
grants from the Aeronautics Division without the prior written approval of the
Aeronautics Division, and the Town will act promptly to acquire, extinguish or
modify any outstanding rights or claims of rights of others which would interfere
with such performance by the Airport Commission;
b. the Town shall not take any actions which would have the effect of modifying or
terminating any of the obligations and responsibilities imposed upon and accepted
by the Airport Commission pursuant to this Grant without the prior written
approval of the Aeronautics Division; and
c. the Town shall not take any action which would have the effect of altering,
modifying, expanding, or eliminating all or any portion of the physical assets and
real property located at the Airport without the prior written approval of the
Aeronautics Division.
5. The Board of Selectmen hereby assures and certifies that it has authorized their
Chairman to execute these Grant Assurances on behalf of the Town and has attached
hereto a copy of the meeting minutes, certified by the Secretary to be a true copy of said
minutes, documenting such authorization.
F. Accounting System, Audit and Record Keeping Requirements.
1. The Airport Commission hereby covenants and agrees to:
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a. deposit all funds received for this Project into an Airport Commission segregated
account and to disburse said funds solely for the purposes for which they were
paid;
b. keep all Project accounts and records which fully disclose: i) the total cost of the
Project. ii) the amount and disposition by the Airport Commission of the proceeds
of all grants and other funds received by the Airport Commission for this Project. iii)
the amount and nature of the funds supplied by each source for this Project. and,
iv) such other financial records as are pertinent to the Project;
c. keep all Project accounts and records in accordance with an accounting system
that will facilitate an effective financial audit of the Project; and
d. upon request, make available to the Aeronautics Division or its designated
representative for the purpose of audit and examination, any books, documents,
papers, and records of the Airport Commission or Town that is pertinent to the
Project.
G. Conformity to Plans, Specifications and Aeronautics Division Approvals.
1. The Airport Commission shall execute the Project subject to the plans, specifications,
budgets and schedules reviewed and approved by the Aeronautics Division and such
other guidance as the Aeronautics Division deems appropriate. All modifications to the
approved plans, specifications, budgets and schedules shall also be subject to the review
and approval of the Aeronautics Division.
2. The Airport Commission shall provide and maintain competent technical and
administrative supervision throughout the duration of the Project to ensure the Project is
completed in accordance with the terms of the Grant, these Assurances, the approved
plans, specifications, budgets and schedules.
H. Airport Operation and Maintenance.
1. The Airport Commission shall operate the Airport for:
a. the aeronautical benefit of the public using the Airport;
b. the uses intended by the Aeronautics Division in the approval of the Airport
Certificate;
c. the uses intended by the Aeronautics Division and Federal Aviation Administration
in the award of their respective funding grants; and
d. such non-aeronautical uses as are explicitly approved in writing by the FAA and
the Aeronautics Division.
2. The Airport Commission shall suitably operate and maintain the Airport and all facilities
located thereon or connected therewith with due regard to climatic and flood
conditions. The Airport and all facilities which are necessary to serve the aeronautical
users of the Airport, other than facilities owned and controlled by the United states, shall
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be operated at all times in a safe and serviceable condition and in accordance with the
minimum standards as may be required or prescribed by federal or state agencies for
airport maintenance and operation.
3. Except as provided for in Section I (5) below, the Airport Commission shall not cease to
operate, abandon, or dispose of the Airport, or any part thereof, without the prior
written consent of the Aeronautics Division.
4. The Airport Commission or the Board of Selectmen of the Town shall not close the
Airport or restrict the use of the Airport or any of the facilities located thereon or
connected therewith without the prior written permission of the Aeronautics Division.
5. The Airport Commission, the Airport Manager or, in the absence of the Airport Manager,
the Assistant Airport Manager, may suspend the operation of the Airport for aeronautical
use only during temporary periods when a climatic condition or other condition
identified as a reason for suspension of airport operations in applicable federal or state
aeronautical laws, rules, regulations, advisories, or orders, interferes with the safe
operation and maintenance of the Airport. The Airport Commission, the Airport
Manager or, in the absence of the Airport Manager, the Assistant Airport Manager, shall
comply with all applicable federal or state aeronautical laws, rules, regulations,
advisories, or orders governing said suspension of operations.
6. The obligation to operate the Airport as prescribed above shall run for twenty (20) years
from the date of the receipt of funds for this Project by the Airport Commission from the
Aeronautics Division or the Federal Aviation Administration, whichever occurs later.
I. Compatible Land Use.
1. The Airport Commission and the Town shall take appropriate action to the extent
reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the
Airport to activities and purposes compatible with normal airport operations, including
landing and takeoff of aircraft.
J. Economic Nondiscrimination.
1. The Airport Commission and the Board of Selectmen of the Town shall make the Airport
available as an airport for public use on fair and reasonable terms and without unjust
discrimination, to all types, kinds and classes of aeronautical use.
2. Every agreement, contract, lease or other arrangement under which a right or a
privilege is granted to any person, firm, or corporation to conduct or engage in any
activity at the Airport, shall require such person, firm, or corporation to conduct or
engage in their respective activity(ies) in a fair, reasonable and not unjustly
discriminatory manner.
3. Each person, firm, or corporation operating at the Airport shall be subject to the same
rates, fees, rentals and other charges as are uniformly applicable to all other persons,
firms, or corporations making the same or similar uses of the Airport and utilizing the
same or similar facilities.
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4. The Airport Commission and Board of Selectmen of the Town shall not exercise or grant
any exclusive right or privilege which operates to prevent any person, firm or
corporation from providing the same or similar service at the Airport.
5. Subject to the prior written approval of the Aeronautics Division, the Airport Commission
may prohibit or limit any given type, kind or class of aeronautical use of the Airport if
such action is necessary for the safe operation of the Airport or necessary to serve the
civil aviation needs of the public.
6. The Airport Commission shall establish such fair, equal and not unjustly discriminatory
conditions to be met by all users of the Airport as may be necessary for the safe and
efficient operation of the Airport.
K. Airport Revenues.
1. The Airport Commission shall maintain a fee and rental structure for all Airport property,
facilities and services. Said fee and rental structure shall be constructed so as to make the
Airport as self-sustaining as possible under the circumstances existing at the Airport. A
copy of said fee and rental structure and any future amendments thereto shall be
provided to the Aeronautics Division, upon request.
2. All revenues generated at the Airport and payable to the Airport Commission plus any
local taxes on aircraft fuel established after December 30, 1987, shall be deposited in an
Airport Commission segregated account and expended by the Airport Commission for
the capital or operating costs of the Airport.
L. Reports and Inspections.
1. The Airport Commission shall, upon reasonable request:
a. submit to the Aeronautics Division such annual or special financial and operations
reports to the Aeronautics Division;
b. make available to the public at reasonable times and places a report of the airport
budget in a format satisfactory to the Aeronautics Division;
c. make all Airport and Airport Commission records and documents affecting the
Airport, including deeds, leases, operation and use agreements, regulations and
other instruments, available for inspection by any duly authorized agent of the
Aeronautics Division; and
d. in a format prescribed by the Aeronautics Division, provide to the Aeronautics
Division and make available to the public, not later than one hundred and twenty
(120) days following each of its fiscal years, an annual report listing in detail:
i. all amounts paid by the Airport to any other unit of government and the
purposes for which each such payment was made; and
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ii. all service and property provided by the Airport to other units of government
and the amount of compensation received for providing each such service
and property.
M. Airport Layout Plan.
1. The Airport Commission shall maintain an up to date Airport Layout Plan (ALP) of the
Airport which shall show:
a. the boundaries of the Airport and all proposed additions thereto or deletions
therefrom, together with the boundaries of all offsite areas owned or controlled by
the Airport Commission for Airport purposes and any proposed additions thereto
or deletions therefrom;
b. the location and nature of all existing and proposed Airport facilities and structures
(such as runways, taxiways, aprons, terminal buildings, hangars, other buildings
and structures, and roads) including all proposed extensions and reductions of
existing airport facilities; and
c. the location and nature of all existing and proposed non-aviation areas at the
Airport and of all existing or proposed improvements located thereon.
2. The ALP, and each amendment, revision or modification thereof, shall be subject to the
approval of the Aeronautics Division, which approval shall be evidenced by the
signature of a duly authorized representative of the Aeronautics Division on the face of
the ALP.
3. The Airport Commission and/or Board of Selectmen shall not make or permit any
changes or alterations in the Airport or any of the facilities at the Airport thereby causing
non-conformity with the ALP as approved by the Aeronautics Division and which might,
in the opinion of the Aeronautics Division, adversely affect the safety, utility or efficiency
of the Airport. If a change or alteration of the Airport or the facilities is made which the
Aeronautics Division subsequently determines adversely affects the safety, utility or
efficiency of the Airport, the Airport Commission and the Board of Selectmen shall, if
requested by the Aeronautics Division:
a. eliminate such adverse effect in a manner approved by the Aeronautics Division;
or,
b. bear all costs of relocating such property (or replacement thereof) to the level of
safety, utility, efficiency and cost of operation existing prior to the unapproved
change in the Airport or its facilities.
N. Civil Rights.
1. The Airport Commission, Board of Selectmen and their respective agents, employees and
representatives, shall comply with applicable federal, state, and local laws, regulations,
rules and orders to assure that no person shall, based on race, color, age, gender,
ethnicity, sexual orientation, gender identity or expression, religion, creed, ancestry,
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national origin, disability, veteran’s status (including Vietnam-Era Veterans), be excluded
from participating in any activity conducted with or benefiting from funds received from
this Grant.
O. Disposal of Land and Airport Facilities.
1. The Airport Commission and Board of Selectmen shall not sell or otherwise transfer or
dispose of the title to or interests in the Airport, its facilities, real property or personal
property without the prior approval of the Aeronautics Division, which will not be
unduly withheld.
P. Foreign Market Restrictions.
1. The Airport Commission and Board of Selectmen shall not allow funds provided under
this Grant to be used to fund any project which uses any product or service of a foreign
country during the period in which such foreign country is listed by the United States
Trade representative as denying fair and equitable market opportunities for products
and suppliers of the United States in procurement and construction.
Q. Future Grants.
1. This Grant is being awarded in the expectation that the Airport Commission will
complete the scope of work associated with this Project.
2. The Airport Commission and Board of Selectmen (collectively referred to here as "the
local entities") and the Aeronautics Division jointly and severally acknowledge and agree
that this Grant is awarded and accepted on the explicit understanding that this Grant
and any future grant or grants, anticipated to fund further development of the Airport
will have included in its (their) terms a guarantee by the local entities that no part of the
assets or income of the Airport, whether presently existing or to be created pursuant to
these grants, will be diverted to non-airport uses without the express prior written
approval of the Aeronautics Division, the granting of such approval being universally
recognized to be considered as highly unlikely.
R. Successors.
1. This Grant, as amended by these Assurances, shall be binding upon and shall inure to
the benefit of the successors of the parties hereto.
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IN WITNESS WHEREOF, the Airport Commission and the of the Town of Nantucket certify that
the information contained herein and attached hereto is accurate and complete and that we
agree with the assurances herein, as represented by the signatures of the persons below:
Nantucket Airport Commission or Airport
Manager
By:__________________________
Title: Chairman or Airport Manager
Date: ______________________
I hereby certify that ___________________is the
Chairman of the Nantucket Airport Commission
and was authorized to execute these Grant
Assurances on behalf of the Nantucket Airport
Commission by a vote taken on____________, a
copy of which is attached and made a part
hereof.
____________________________________
Reporting Secretary
Chairman, Board of Selectmen, Town of
Nantucket
By: __________________________
Date: ________________________
I hereby certify that ____________________ is the
Chairman of the Board of Selectmen for the
Town of Nantucket and has been authorized to
execute these Grant Assurances on behalf of the
Town of Nantucket on this day_____________,
20_____.
___________________________________
Town Clerk, Town of Nantucket
TOWN OF NANTUCKET
NANTUCKET MEMORIAL AIRPORT
Declaration of Surplus Property
The Town of Nantucket, acting by and through its Airport Commission, hereby
makes the following findings,
1. The Nantucket Memorial Airport owns approximately 36,616 + square feet of real
estate in what is known as the “UPS Lot”, 143 Old South Road, Nantucket, MA.
(“Property”) as depicted on the attached Exhibit.
2. The property is currently being used for non-aeronautical leasing purposes.
3. The interests of the Airport would be best served by continuing to lease the Property
for non-aeronautical purposes.
4. The Property has been recently appraised rental value of $1.47 cents per square
foot.
5. Any proposed leasing of the Property must be approved by a vote of the Airport
Commission.
WHEREFORE, the Nantucket Memorial Airport Commission hereby makes the following
declarations,
1. The Property be, and hereby is, declared to be surplus Airport property.
2. The Property be, and hereby is, made available for leasing for no less than one
dollar and 47 cents ($1.47) per square foot for a non-aeronautical business subject
to change or approval by the Nantucket Airport Commission.
3. The Airport Manager be, and hereby is, authorized and directed to take all
appropriate actions in accordance with the provisions of M.G.L. c. 30B to prepare
and advertise Request for Proposals for the leasing of the property, to evaluate all
such proposals when received; and to make a recommendation to the Nantucket
Memorial Airport Commission of the appropriate course of action to be taken by the
Airport in connection with the anticipated leasing of all or a portion of the Property.
NANTUCKET AIRPORT COMMISSION
_______________________ ________________________
Daniel W. Drake, Chairman Arthur D. Gasbarro, Vice Chair
_______________________ ________________________
Anthony G. Bouscaren Andrea N. Planzer
_______________________
Jeanette D. Topham
Nantucket Memorial Airport
Monthly Statistical Report
(August 2018)
Nantucket Memorial Airport
CY 2018 CY 2019
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL
Air Carrier 513 504
Air Taxi 6,808 6,767
General Aviation 4,335 4,602
Military 36 86
Itinerant 11,692 11,959
Civil 0 16
Military 0 0
Local 0 16
Operations 11,692 11,975
% Change -19.53%-19.32%
August 2018 –August 2019 Down -19.32%
YTD Down –19.43%
JUL AUG TOTAL % Change
Operations FY2015 16,805 17,470 34,275
Operations FY2016 17,735 16,423 34,158 -0.34%
Operations FY2017 16,538 15,647 32,185 -5.78%
Operations FY2018 14,530 14,843 29,373 -8.74%
Operations FY2019 11,692 11,975 23,667 -19.43%
Operations FY2018 -FY2019
Nantucket Memorial Airport
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
Operations FY2015 16,805 17,470 11,337 8,463 6,276 6,861 4,341 3,883 5,378 7,209 9,416 11,786
Operations FY2016 17,735 16,423 12,117 8,909 6,465 5,419 4,628 4,062 4,742 5,594 8,508 11,584
Operations FY2017 16,538 15,647 11,562 8,426 6,876 6,756 5,061 4,630 4,996 5,312 8,219 10,890
Operations FY2018 14,530 14,843 8,418 7,748 6,771 6,324 3,933 2,664 2,462 3,490 5,822 8,695
Operations FY2019 11,692 11,975
0
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
20,000
OperationsOperations FY 2015-2018
Nantucket Memorial Airport
Nantucket Memorial Airport
Passenger Enplanements FY2018 -FY2019
CY
2018
CY
2019
FY2019 AIRLINE JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL
Cape Air (KAP)5,183 5,428
United Airlines 3,082 3,297
Delta Airlines 1,435 2,712
JetBlue Airways 13,235 12,858
Nantucket Air (ACK)771 863
Tradewind Aviation 1,711 1,594
US Airways (AMERICAN)4,021 4,134
Rectrix Aviation 1,073 1,226
Monthly Total 30,511 32,112
% Change Prior Year 6.75%9.32%
August 2018 –August 2019 UP 9.32%
YTD UP 8.05%
JUL AUG TOTAL % Change
Enplanements FY 2015 32,285 35,503 67,788
Enplanements FY 2016 31,250 33,252 64,502 -4.85%
Enplanements FY 2017 29,787 30,830 60,617 -6.02%
Enplanements FY 2018 28,582 29,375 57,957 -4.39%
Enplanements FY 2019 30,511 32,112 62,623 8.05%
Nantucket Memorial Airport
OPERATIONS ENPLANEMENTS
AIRLINE FY17 AUG FY18 AUG % Diff.FY17 AUG FY18 AUG % Diff.
Cape Air (KAP) 839 1,003 20%5,207 5,428 4%
United Airlines 37 79 114%1134 3297 191%
Delta Airlines 35 33 -6%1661 2712 63%
JetBlue Airways 176 192 9%13312 12858 -3%
Nantucket Air (ACK) 144 171 19%1196 863 -28%
Tradewind Aviation 386 414 7%1651 1594 -3%
Rectrix Airlines 240 231 -4%1218 1226 1%
US Airways (AMERICAN) 62 60 -3%3996 4134 3%
Monthly Total 1,919 2,183 14%29,375 32,112 9%
Nantucket Memorial Airport
Cape Air, JET BLUE Average Load Factor ACK-BOS
2018 2017
Enplanements # of flights
Average # of
Pax per flight Capacity
Average Load
Factor %
Enplanement
Change %Enplaned Deplaned
January 965 173 5.58 9 62%-10%1071 1053
February 822 166 4.95 9 55%-24%1083 926
March 824 172 4.79 9 53%-31%1191 1327
April 1384 271 5.11 9 57%6%1311 1392
May 2360 458 5.15 9 57%6%2227 2276
June 2913 558 5.22 9 58%4%2801 3272
July 3646 594 6.14 9 68%3%3529 3432
August 3827 629 6.08 9 68%-5%4047 3722
Nantucket Memorial Airport Total Passenger Enplanements
CAPE AIR 9 Seats (BOSTON)
Nantucket Memorial Airport Total Passenger Enplanements
JET BLUE 100 SEATS (BOSTON)
2018 2017
Enplanements # of flights
Average # of
Pax per flight Capacity
Average Load
Factor %
Enplanement
Change %Enplaned Deplaned
January CLOSED CLOSED CLOSED 100 CLOSED CLOSED CLOSED CLOSED
February CLOSED CLOSED CLOSED 100 CLOSED CLOSED CLOSED CLOSED
March CLOSED CLOSED CLOSED 100 CLOSED CLOSED CLOSED CLOSED
April CLOSED CLOSED CLOSED 100 CLOSED CLOSED CLOSED CLOSED
May 411 7 58.71 100 59%-4%430 470
June 2086 32 65.19 100 65%9%1915 2398
July 3702 53 69.85 100 70%6%3483 3920
August 3913 50 78.26 100 78%17%3346 3283
Nantucket Memorial Airport
JET BLUE and American Load Factors ACK-DCA
2018 2017
Enplanements # of flights
Average # of
Pax per flight Capacity
Average Load
Factor %
Enplanement
Change %Enplaned Deplaned
January CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
February CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
March CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
April CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
May 153 2 76.50 100 77%-26%208 217
June 714 12 59.50 100 60%-7%765 857
July 1250 17 73.53 100 74%-2%1273 1222
August 1027 13 79.00 100 79%-13%1181 947
Nantucket Memorial Airport Total Passenger Enplanements JET BLUE 100 SEATS (DCA)
2018 2017
Enplanements # of flights
Average # of
Pax per flight Capacity
Average Load
Factor %
Enplanement
Change %Enplaned Deplaned
January CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
February CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
March CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
April CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
May CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
June 692 17 40.71 78 52%94%357 602
July 3236 51 63.45 78 81%18%2753 3288
August 3013 46 65.50 78 84%-9%3321 3124
Nantucket Memorial Airport Total Passenger Enplanements American 78 SEATS (DCA)
Nantucket Memorial Airport
2018 2017
Enplanements # of flights
Average # of
Pax per flight Capacity
Average Load
Factor %
Enplanement
Change %Enplaned Deplaned
January 256 63 4.06 9 45%92%133 93
February 259 56 4.63 9 51%147%105 76
March 364 65 5.60 9 62%172%134 120
April 450 71 6.34 9 70%104%221 171
May 683 113 6.04 9 67%65%414 400
June 791 149 5.31 9 59%55%510 546
July 959 160 5.99 9 67%15%834 862
August 1034 163 6.34 9 70%28%810 879
Nantucket Memorial Airport
Total Passenger Enplanements
CAPE AIR 9 Seats (EWB)
Nantucket Memorial Airport
Total Passenger Enplanements
CAPE AIR 9 Seats (EWB)
Cape Air Average Load Factor ACK-EWB
Nantucket Memorial Airport
United Average Load Factor ACK-EWR
2018 2017
Enplanements # of flights
Average # of
Pax per flight Capacity
Average Load
Factor %
Enplanement
Change %Enplaned Deplaned
January CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
February CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
March CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
April CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
May CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
June 63 6 10.50 50 21%0%CLOSED CLOSED
July 3082 74 41.65 50 83%38%2236 2067
August 3297 79 41.73 50 83%191%1134 1062
Nantucket Memorial Airport
Total Passenger Enplanements
UNITED 50 SEATS (EWR)
Nantucket Memorial Airport
2018 2017
Enplanements # of flights
Average # of
Pax per flight Capacity
Average Load
Factor %
Enplanement
Change %Enplaned Deplaned
January 0 0 0.00 9 0%0%0 0
February 0 0 0.00 9 0%0%0 0
March 0 0 0.00 9 0%0%0 0
April 0 0 0.00 9 0%0%9 0
May 22 7 3.14 9 35%0%0 0
June 130 39 3.33 9 37%319%31 61
July 204 40 5.10 9 57%6%192 186
August 279 71 3.93 9 44%27%219 213
Nantucket Memorial Airport
Total Passenger Enplanements
CAPE AIR 9 Seats (HPN)
Cape Air Average Load Factor ACK-HPN
Nantucket Memorial Airport
Cape Air, ACK Air and Rectrix Average Load Factor ACK-HYA
2018 2017
Enplanements # of flights
Average # of Pax
per flight Capacity
Average Load
Factor %
Enplanement
Change %Enplaned Deplaned
January 108 35 3.09 9 34%671%14 0
February 33 17 1.94 9 22%200%11 0
March 26 16 1.63 9 18%-35%40 33
April 117 43 2.72 9 30%1571%7 2
May 227 86 2.64 9 29%393%46 12
June 305 101 3.02 9 34%2079%14 23
July 264 100 2.64 9 29%462%47 5
August 196 90 2.18 9 24%3820%5 0
Nantucket Memorial Airport Total Passenger Enplanements CAPE AIR 9 Seats (HYA)
2018 2017
Enplanements # of flights
Average # of Pax
per flight Capacity
Average Load
Factor %
Enplanement
Change %Enplaned Deplaned
January 916 175 5.23 9 58%9%842 774
February 644 162 3.98 9 44%-18%786 721
March 751 152 4.94 9 55%-29%1051 1074
April 704 161 4.37 9 49%-19%873 896
May 568 134 4.24 9 47%-52%1181 1209
June 551 129 4.27 9 47%-45%1002 979
July 771 169 4.56 9 51%-30%1109 1031
August 863 171 5.05 9 56%-28%1196 492
Nantucket Memorial Airport Total Passenger Enplanements ACK AIR 9 Seats (HYA)
2018 2017
Enplanements # of flights
Average # of Pax
per flight Capacity
Average Load
Factor %
Enplanement
Change %Enplaned Deplaned
January 844 130 6.49 9 72%125%375 412
February 494 130 3.80 9 42%14%433 400
March 604 109 5.54 9 62%-19%746 809
April 557 105 5.30 9 59%8%515 524
May 807 156 5.17 9 57%61%501 508
June 1620 190 8.53 9 95%81%897 1015
July 1073 196 5.47 9 61%32%815 775
August 1197 219 5.47 9 61%-2%1218 1232
Nantucket Memorial Airport Total Passenger Enplanements Rectrix Airlines 9 Seats (HYA)
Nantucket Memorial Airport
JET BLUE Average Load Factor ACK-JFK
208 2017
Enplanements # of flights
Average # of
Pax per flight Capacity
Average Load
Factor %
Enplanement
Change %Enplaned Deplaned
January CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
February CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
March CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
April CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
May 1470 27 54.44 100 54%23%1198 1526
June 5134 83 61.86 100 62%22%4193 5179
July 8283 114 72.66 100 73%3%8065 7821
August 7918 129 61.38 100 61%-10%8785 8529
Nantucket Memorial Airport
Total Passenger Enplanements
JET BLUE 100 SEATS (JFK)
Nantucket Memorial Airport
American, Delta and Rectrix Average Load Factors ACK-LGA
2018 2017
Enplanements # of flights
Average # of Pax per
flight Capacity
Average Load
Factor %
Enplanement
Change %Enplaned Deplaned
January CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
February CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
March CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
April CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
May CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
June 93 5 18.60 78 24%-26%125 212
July 567 10 56.70 78 73%2%557 642
August 785 13 60.38 78 77%16%675 631
Nantucket Memorial Airport Total Passenger Enplanements American 78 SEATS (LGA)
2018 2017
Enplanements # of flights
Average # of Pax per
flight Capacity
Average Load
Factor %
Enplanement
Change %Enplaned Deplaned
January CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
February CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
March CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
April CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
May CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
June 974 26 37.46 50 75%498%163 232
July 1435 35 41.00 50 82%321%341 341
August 2712 33 82.18 50 164%890%274 275
Nantucket Memorial Airport Total Passenger Enplanements DELTA 50 SEATS (LGA)
2018 2017
Enplanements # of flights
Average # of Pax per
flight Capacity
Average Load
Factor %
Enplanement
Change %Enplaned Deplaned
January CLOSED CLOSED CLOSED 9 0%CLOSED CLOSED CLOSED
February CLOSED CLOSED CLOSED 9 0%CLOSED CLOSED CLOSED
March CLOSED CLOSED CLOSED 9 0%CLOSED CLOSED CLOSED
April CLOSED CLOSED CLOSED 9 0%CLOSED CLOSED CLOSED
May CLOSED CLOSED CLOSED 9 0%CLOSED CLOSED CLOSED
June CLOSED CLOSED CLOSED 9 0%CLOSED CLOSED CLOSED
July 25 12 2.08 9 23%New Svc New Svc New Svc
August 29 12 2.42 9 27%New Svc New Svc New Svc
Nantucket Memorial Airport Total Passenger Enplanements Rectrix Airlines 9 Seats (LGA)
Nantucket Memorial Airport
American Average Load Factors ACK-CLT
2018 2017
Enplanements # of flights
Average # of Pax
per flight Capacity
Average Load
Factor %
Enplanement
Change %Enplaned Deplaned
January CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
February CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
March CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
April CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
May CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED CLOSED
June 111 2 55.50 78 71%0%0 0
July 218 3 72.67 78 93%0%0 0
August 285 4 71.25 78 91%0%0 0
Nantucket Memorial Airport
Total Passenger Enplanements
American 78 SEATS (CLT)
Nantucket Memorial Airport
Cape Air Average Load Factor ACK-MVY
2018 2017
Enplanements # of flights
Average # of
Pax per flight Capacity
Average Load
Factor %
Enplanement
Change %Enplaned Deplaned
January 101 27 3.74 9 42%80%56 103
February 88 27 3.26 9 36%87%47 90
March 69 24 2.88 9 32%-20%86 100
April 134 37 3.62 9 40%23%109 152
May 152 38 4.00 9 44%-16%180 197
June 61 50 1.22 9 14%-66%178 300
July 110 44 2.50 9 28%-46%203 285
August 92 50 1.84 9 20%-57%216 357
Nantucket Memorial Airport Total Passenger Enplanements
CAPE AIR 9 Seats (MVY)
Nantucket Memorial Airport
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
Enplanements FY 2015 32,285 35,503 19,247 11,561 6,690 7,152 4,233 4,536 6,026 7,607 11,039 18,411
Enplanements FY 2016 31,250 33,252 18,822 11,246 6,007 2,752 2,766 2,287 2,879 3,022 8,432 16,037
Enplanements FY 2017 29,787 30,830 16,542 7,899 3,358 2,959 2,501 2,480 3,260 3,196 6,785 14,724
Enplanements FY 2018 28,582 29,375 14,856 7,902 3,764 3,512 3,202 2,353 2,646 3,526 7,329 16,792
Enplanements FY 2019 30,511 32,112
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
PassengersPassenger Enplanements
Nantucket Memorial Airport
Jet A Gallons sold FY 2015 –FY 2019
August 2018 -August 2019 UP 19.51%
YTD UP 8.29%
July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June Total
FY15345,249.00 355,563.00 126,097.00 50,498.00 27,809.00 26,861.00 3,942.00 3,647.00 4,959.00 16,853.00 60,759.00 185,124.00 1,207,361.00
FY16390,746.00 338,874.00 148,694.00 50,854.00 17,610.00 23,635.00 6,024.00 9,169.00 8,265.00 14,978.00 77,123.00 191,256.00 1,277,228.00
FY17402,398.00 341,424.00 145,201.00 52,648.00 19,657.00 25,742.00 3,535.00 7,751.00 6,339.00 25,649.00 80,204.40 199,254.00 1,309,802.40
FY 18384,477.00 359,991.00 156,476.00 68,930.00 37,252.00 28,032.00 5,751.00 9,210.00 8,783.00 32,660.00 72,878.00 197,662.00 1,362,102.00
FY19375,956.00 430,235.00 806,191.00
-2.22%19.51%
July Aug YTD Total % Change
2015 Jet A 345,249.00 355,563.00 700,812.00
2016 Jet A 390,746.00 338,874.00 729,620.00 4.11%
2017 Jet A 402,398.00 341,424.00 743,822.00 1.95%
2018Jet A 384,477.00 359,991.00 744,468.00 0.09%
2019Jet A 375,956.00 430,235.00 806,191.00 8.29%
Nantucket Memorial Airport
July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June
FY15 345,249.00 355,563.00 126,097.00 50,498.00 27,809.00 26,861.00 3,942.00 3,647.00 4,959.00 16,853.00 60,759.00 185,124.00
FY16 390,746.00 338,874.00 148,694.00 50,854.00 17,610.00 23,635.00 6,024.00 9,169.00 8,265.00 14,978.00 77,123.00 191,256.00
FY17 402,398.00 341,424.00 145,201.00 52,648.00 19,657.00 25,742.00 3,535.00 7,751.00 6,339.00 25,649.00 80,204.40 199,254.00
FY 18 384,477.00 359,991.00 156,476.00 68,930.00 37,252.00 28,032.00 5,751.00 9,210.00 8,783.00 32,660.00 72,878.00 197,662.00
FY19 375,956.00 430,235.00
-
50,000.00
100,000.00
150,000.00
200,000.00
250,000.00
300,000.00
350,000.00
400,000.00
450,000.00
500,000.00
GallonsMonthly Jet A Gallons Sold
Per Fiscal Year
Nantucket Memorial Airport
July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June Total
FY15345,249.00 355,563.00 126,097.00 50,498.00 27,809.00 26,861.00 3,942.00 3,647.00 4,959.00 16,853.00 60,759.00 185,124.00 1,207,361.00
FY16390,746.00 338,874.00 148,694.00 50,854.00 17,610.00 23,635.00 6,024.00 9,169.00 8,265.00 14,978.00 77,123.00 191,256.00 1,277,228.00
FY17402,398.00 341,424.00 145,201.00 52,648.00 19,657.00 25,742.00 3,535.00 7,751.00 6,339.00 25,649.00 80,204.40 199,254.00 1,309,802.40
FY 18384,477.00 359,991.00 156,476.00 68,930.00 37,252.00 28,032.00 5,751.00 9,210.00 8,783.00 32,660.00 72,878.00 197,662.00 1,362,102.00
FY19375,956.00 430,235.00 201,124.00 1,007,315.00
July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June
FY15 345,249.00 355,563.00 126,097.00 50,498.00 27,809.00 26,861.00 3,942.00 3,647.00 4,959.00 16,853.00 60,759.00 185,124.00
FY16 390,746.00 338,874.00 148,694.00 50,854.00 17,610.00 23,635.00 6,024.00 9,169.00 8,265.00 14,978.00 77,123.00 191,256.00
FY17 402,398.00 341,424.00 145,201.00 52,648.00 19,657.00 25,742.00 3,535.00 7,751.00 6,339.00 25,649.00 80,204.40 199,254.00
FY 18 384,477.00 359,991.00 156,476.00 68,930.00 37,252.00 28,032.00 5,751.00 9,210.00 8,783.00 32,660.00 72,878.00 197,662.00
FY19 375,956.00 430,235.00 201,124.00
-
50,000.00
100,000.00
150,000.00
200,000.00
250,000.00
300,000.00
350,000.00
400,000.00
450,000.00
500,000.00
GallonsMonthly Jet A Gallons Sold
Per Fiscal Year
September vs. September UP 28.53%
Jet A
Nantucket Memorial Airport
AvGas (100LL) Gallons Sold FY2015 -FY2019
July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June Total
FY 2015 23,806.00 24,958.50 11,454.10 8,228.10 4,642.20 4,294.60 1,768.30 2,082.70 2,323.80 4,130.00 10,028.50 10,028.50 107,745.30
FY 2016 23,067.00 25,091.20 15,027.90 8,579.40 5,301.30 4,658.10 2,714.00 2,096.30 3,271.40 4,275.60 9,889.40 13,732.30 117,703.90
FY 2017 26,296.70 25,032.40 16,766.80 11,119.60 5,527.00 5,334.00 3,167.00 2,750.00 3,111.50 5,176.00 10,535.50 13,789.40 128,605.90
FY 2018 19,705.40 21,362.20 13,381.80 9,774.90 5,313.50 4,070.00 2,982.80 2,939.10 3,998.10 6,661.60 11,402.30 15,457.70 117,049.40
FY 2019 21,609.20 24,059.70
9.66%12.63%
August 2019 –August 2019 UP 12.63%
YTD Up 11.20%
July Aug YTD TOTAL % Change
2015 AvGas 23,806.00 24,958.50 48,764.50 6.58%
2016 AvGas 23,067.20 25,091.20 48,158.40 -1.24%
2017 AvGas 26,296.70 25,032.40 51,329.10 6.58%
2018 AvGas 19,705.40 21,362.20 41,067.60 -19.99%
2019 AvGas 21,609.20 24,059.70 45,668.90 11.20%
Nantucket Memorial Airport
July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June
FY 2015 23,806.00 24,958.50 11,454.10 8,228.10 4,642.20 4,294.60 1,768.30 2,082.70 2,323.80 4,130.00 10,028.50 10,028.50
FY 2016 23,067.00 25,091.20 15,027.90 8,579.40 5,301.30 4,658.10 2,714.00 2,096.30 3,271.40 4,275.60 9,889.40 13,732.30
FY 2017 26,296.70 25,032.40 16,766.80 11,119.60 5,527.00 5,334.00 3,167.00 2,750.00 3,111.50 5,176.00 10,535.50 13,789.40
FY 2018 19,705.40 21,362.20 13,381.80 9,774.90 5,313.50 4,070.00 2,982.80 2,939.10 3,998.10 6,661.60 11,402.30 15,457.70
FY 2019 21,609.20 24,059.70
-
5,000.00
10,000.00
15,000.00
20,000.00
25,000.00
30,000.00
GallonsMonthly 100LL Gallons Sold
Per Fiscal Year
Nantucket Memorial Airport
July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June Total
FY 2015 23,806.00 24,958.50 11,454.10 8,228.10 4,642.20 4,294.60 1,768.30 2,082.70 2,323.80 4,130.00 10,028.50 10,028.50 107,745.30
FY 2016 23,067.00 25,091.20 15,027.90 8,579.40 5,301.30 4,658.10 2,714.00 2,096.30 3,271.40 4,275.60 9,889.40 13,732.30 117,703.90
FY 2017 26,296.70 25,032.40 16,766.80 11,119.60 5,527.00 5,334.00 3,167.00 2,750.00 3,111.50 5,176.00 10,535.50 13,789.40 128,605.90
FY 2018 19,705.40 21,362.20 13,381.80 9,774.90 5,313.50 4,070.00 2,982.80 2,939.10 3,998.10 6,661.60 11,402.30 15,457.70 117,049.40
FY 2019 21,609.20 24,059.70 14,611.30
July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June
FY 2015 23,806.00 24,958.50 11,454.10 8,228.10 4,642.20 4,294.60 1,768.30 2,082.70 2,323.80 4,130.00 10,028.50 10,028.50
FY 2016 23,067.00 25,091.20 15,027.90 8,579.40 5,301.30 4,658.10 2,714.00 2,096.30 3,271.40 4,275.60 9,889.40 13,732.30
FY 2017 26,296.70 25,032.40 16,766.80 11,119.60 5,527.00 5,334.00 3,167.00 2,750.00 3,111.50 5,176.00 10,535.50 13,789.40
FY 2018 19,705.40 21,362.20 13,381.80 9,774.90 5,313.50 4,070.00 2,982.80 2,939.10 3,998.10 6,661.60 11,402.30 15,457.70
FY 2019 21,609.20 24,059.70 14,611.30
-
5,000.00
10,000.00
15,000.00
20,000.00
25,000.00
30,000.00
GallonsMonthly 100LL Gallons Sold
Per Fiscal Year
September vs. September UP 9.19%
AVGAS 100LL
Nantucket Memorial Airport
-FY 2018 monthly freight -
2018 FY19 FY18
AIRLINE JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL
Cape Air (KAP)79,067 79,355 37,598 30,265 33,436 42,330 56,552 69,721 269,902
Wiggins-FedEx 130,577 111,629 26,322 30,457 41,118 51,807 86,918 130,577 367,199
Wiggins-UPS 3,622 6,816 5,086 2,843 7,073 8,984 11,863 3,622 39,471
Rectrix 1,552 3,865 1,684 896 1,302 1,584 2,011 1,620 9,097
Monthly Total 214,818 201,665 70,690 64,461 82,929 104,705 157,344 205,540 685,669% Change Prior Year 4.94%1.95%-9.34%-3.73%-18.40%-6.74%-0.16%-5.86%
August 2017 –August 2018 UP 1.95%
Nantucket Memorial Airport
Aug-17 Aug-18
Lbs Inc/(Dec)
over PY
% Inc/(Dec)
over PY
Cape Air Freight 20,518 15,752 (4,766)-23%
USPS (Cape Air)58,168 63,603 5,435 9%
Fed Ex (Wiggins)105,440 111,629 6,189 6%
UPS (Wiggins)13,673 6,816 (6,857)-50%
Rectrix 3 3,865 3,862 128733%
-Monthly freight -
Nantucket Memorial Airport
August 2018 Noise Complaints
July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June Total
%
Change
FY 2015
Calls 47 61 46 12 3 4 0 2 3 3 9 19 209 #REF!
FY 2016
Calls 72 55 14 1 2 11 0 1 2 0 10 15 183 -12.44%
FY 2017
Calls 25 19 14 2 0 4 1 0 0 1 7 18 91 -50.27%
FY 2018
Calls 25 50 4 1 0 1 0 0 0 1 1 17 100 9.89%
FY 2019
Calls 59 21 80
Nantucket Memorial Airport
August Noise Complaint Summary:
August 2018 – 21 Noise Complaints
Complaints were as follows:
• 10 complaints were received from 8 different residents regarding flights operating under
IFR.
• 3 complaints were received from 3 different residents regarding ground/APU noise.
• 2 complaints were received from 2 different residents regarding aircraft exhaust odor
(and are included toward the monthly total).
• 2 complaints were received from 2 different residents regarding two different
military/Federal agency fixed wing operations.
• 2 complaints were received from 2 different residents, where not enough information was provided to investigate their complaints.
• 2 complaints were received from 2 different residents regarding VFR flights. Upon investigation, it was determined that:
o 1 complaint concerned flights operating outside of established noise abatement
corridors at the pilot’s discretion. Follow up with the operator was not provided
as a tail number was not discernible from ATC recordings. o 1 complaint concerned flights operating outside of established noise abatement
corridors according to ATC instructions.
Follow up with the complainant was accomplished in 18/19 complaints (95%): the total excepts
2 complaints where follow up was explicitly not requested.