Self Fueling Permit

10 Page 1 of 4 NON - COMMERCIAL SELF - FUELING PERMIT Applicant _____________________________________________________________________ Authorized Representative _________________________________ Title __________________ Aircraft Storage Location _________________________________________________________ Aircraft to be Fueled Type and N Number ___________________________________________ Type of Fueling System Storage Tank Refueler Type of Fuel Jet A 100 LL Other_____________ The Applicant requests approval by the Johnston County Airport Authority the " Authority " , which operates Johnston Regional Airport the " Airport " , to conduct non - commercial self - fueling of aircraft that are owned or leased by the Applicant and agrees to provide the information in Exhibit A to this Permit in support of its application 1 RULES AND REGULATIONS The Applicant certifies that he she it has read and understands the Authority's Rules and Regulations regarding self - fueling and acknowledges receipt of the Rules and Regulations and agrees to follow and comply with the Rules and Regulations Applicant further agrees to comply with all applicable local , state and federal laws , ordinances and regulations applicable to Aircraft fueling , storage and handling 2 FEE PAYMENT Applicant shall pay the monthly fuel flowage fee on time for fuel dispensed into aircraft owned or leased by the Applicant , including any late fees , interest and penalties The fuel flowage fee is due on the 10th day of each month and a late fee of 15 shall th be assessed for any payment received after the 20 day of the month 3 COMPETENCY Applicant certifies that the personnel engaged in self - fueling are properly trained in aircraft fueling , fuel handling and associated safety procedures , and Applicant will conform to the best practices for such operations 4 TRANSFER This Permit may not be assigned or transferred 5 OWNERSHIP Applicant certifies that he she it is the owner of all equipment utilized for self - fueling and that he she it is the owner or exclusive lessee of the aircraft to be self - fueled 6 INFORMATION CHANGES The Applicant will notify the Airport Director within ten 10 days of any change to the information provided pursuant to this Application and Permit 7 RELEASE OF LIABILITY It is understood and agreed that Applicant's activities shall be at the sole risk of the Applicant and that the Authority and Airport will not be held responsible for the Applicant's activities or damage caused by Applicant to any person or property 7 INDEMNITY Applicant agrees to indemnify and hold the Authority and the Airport , and their officers , agents , employees , insurers , successors and assigns , harmless from and against any JNX NON - COMMERCIAL SELF - FUELING PERMIT , ADOPTED 2022 - 11 - 21PagePage 2 of 4 and all liabilities , judgments , costs , damages , expenses , claims , actions or demands of any kind and nature , by any person whatsoever on account of property damage , injury or death of a person , or any other damages arising from Applicant's self - fueling activities , use or occupation of the Airport , including acts of Applicant's agents and representatives , and Lessee shall give the Authority prompt notice of any such claims filed against Applicant or the Authority or the Airport 8 INSURANCE Applicant agrees to keep in effect during the term of this Permit insurance in the amount identified in the Rules and Regulations , to include the Authority and the Airport as additional insureds on such policy of insurance , and to immediately notify the Airport of any changes to its insurance 9 TERM This Permit shall be valid for a period of one 1 year from the date signed by the Airport Director 10 TERMINATION This Permit may be terminated upon a default of the payment of the Permit Fee , the failure to pay any other fees or payments charged by the Authority , a violation of any of the terms of this Permit , a violation of the Airport Rules and Regulations , if the Applicant fails to cure such default or violation within two 2 days of written notice from the Authority of the default or violation Notwithstanding this provision , the fueling of any Aircraft not owned or exclusively leased by Applicant as identified in this Permit shall result in the immediate termination of this Permit Termination of Applicant's lease with the Authority shall also result in automatic termination of this Permit 11 GRANT AGREEMENTS The parties acknowledge that the Airport is subject to the terms of those certain sponsors assurances made to guarantee the public use of the Airport as incidental to grant agreements between Authority and the United States of America as amended , and that this Permit is subordinate to those obligations 12 FEDERAL GRANTS AND PUBLIC USE The parties acknowledge that the Airport will be operated as a public airport , subject to the provisions of the Federal Aviation Act so that nothing contained in this Permit shall be construed to grant or otherwise authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958 The Authority reserves the right to develop or improve , as it sees fit , the Airport , its landing areas and taxiways , regardless of the desires or views of Applicant and without interference or hindrance therefrom This Permit shall be subordinate to the provisions of any existing or future agreement between the Authority and the United States of America , including instrumentalities thereof , relative to the operation and maintenance of the Airport , the execution of which has been or may be required as a condition precedent to the expenditure of federal funds in developing the Airport 13 MODIFICATIONS TO COMPLY WITH STATE OR FEDERAL LAWS Should the United States or any instrumentality thereof having authority to do so , or the State of North Carolina , require that any provision of this Permit that is in violation of any federal or state law or regulation or any provision of an existing grant agreement between the Authority and the United States or any instrumentality thereof , or the State of North Carolina , be changed or deleted or should any such change or deletion be required in order for the Airport to continue to retain its eligibility to receive federal funds or to participate in federal or state programs or to avoid forfeiture JNX NON - COMMERCIAL SELF - FUELING PERMIT , ADOPTED 2022 - 11 - 21PagePage 3 of 4 of previous financial assistance , the Applicant shall agree to such changes or the Authority shall have the right to terminate this Permit 14 GOVERNING LAW AND VENUE This Permit , its execution , interpretation and performance , shall be governed by and construed in accordance with the laws of the State of North Carolina Any controversy or claim arising out of or in any way related to this Agreement or the relationship established by it , or the alleged breach thereof , whether at common law , in contract , in tort , or under statute , shall be governed by the laws of the State of North Carolina Venue for any case or controversy in any way arising from or related to this Agreement shall be exclusively in Johnston County , North Carolina or the United States District Court for the Eastern District of North Carolina , except for the enforcement of judgments issued from that court 15 CURRENT COMPLIANCE Applicant certifies that it is currently in compliance with the Airport's Rules and Regulations and Minimum Standards , and that it is current on all financial obligations of any type to the Authority THE UNDERSIGNED APPLICANT CERTIFIES HE SHE IS AUTHORIZED TO SIGN FOR THIS PERMIT AND SHALL COMPLY WITH ALL THE PROVISIONS OF THE AIRPORT RULES AND REGULATIONS WITH RESPECT TO SELF - FUELING APPLICANT ________________________________ Authorized Representative ________________________________ Title ________________________________ Date JOHNSTON REGIONAL AIRPORT _________________________________ Airport Director _________________________________ Date of Permit JNX NON - COMMERCIAL SELF - FUELING PERMIT , ADOPTED 2022 - 11 - 21PagePage 4 of 4 EXHIBIT A - REQUIRED INFORMATION 1 Required Certificates of Insurance ____ 2 Spill Prevention Contingency and Control Plan ____ 3 Standard Operating Procedures Quality Control Plan ____ 4 Fire Marshal Inspection and Approval ____ 5 Proof of Ownership of Equipment and Aircraft ____ 6 Proof of Training for Each Person Fueling Aircraft ____ 7 Proof of Employment for Each Person Fueling Aircraft ____ JNX NON - COMMERCIAL SELF - FUELING PERMIT , ADOPTED 2022 - 11 - 21Page