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HomeMy WebLinkAbout20091807.tiffRESOLUTION RE: GRANT PERMIT FOR TEMPORARY ASSEMBLY TO LOVE -AIR R/C, INC. -AUGUST 28, 29, AND 30, 2009 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Love -Air R/C, Inc., do Michael Harrington, 6112 Ashton Court, Fort Collins, Colorado 80525, has presented to the Board of County Commissioners an application for a Permit for Temporary Assembly on land within the unincorporated portion of the County of Weld, State of Colorado, to be held from 9:00 a.m., until 4:00 p.m., on August 28 and 29, 2009; and from 9:00 a.m., until 2:00 p.m., on August 30, 2009, on property described as follows: 12760 Highway 14, Ault, Colorado 80610; being further described as Lot B of Recorded Exemption #2769; being part of the W1/2NE1/4 of Section 18, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant has paid Weld County the sum of ONE -HUNDRED DOLLARS ($100.00) for said Weld County Permit for Temporary Assembly, and WHEREAS, having examined said application, the Board deems it appropriate to grant a Weld County Permit for Temporary Assembly to Love -Air R/C, Inc., and WHEREAS, said permit shall be issued subject to compliance with the terms and conditions as set forth in the application materials and upon the express condition and agreement that the temporary assemblage will be conducted in strict conformity to all laws of the State of Colorado, and WHEREAS, any violation to said terms and conditions shall be cause for revocation of said permit and forfeiture of bond. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said Weld County Permit for Temporary Assembly on August 28, 29, and 30, 2009, be, and hereby is, granted to Love -Air R/C, Inc., to conduct a temporary assemblage at the hereinabove described location. 2009-1807 LC0022 Co '. Ste, PPc e7 //7 /o1 PERMIT FOR TEMPORARY ASSEMBLY - LOVE -AIR R/C, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of August, A.D., 2009. ATTEST: Weld County Clerk to the Boar BY: a I:► i k d1 DeClerk t'1 the Board \ �.� Sean P. Conway ARD OF COUNTY COMMISSIONERS Y, 7ORA illiam F. Garcia, Chair ara Kirkmeyer ounty Attorney ckNi, David E. Long Date of signature SIId)( CI C 2009-1807 LC0022 WELD COUNTY PERMIT FOR TEMPORARY ASSEMBLY By action of the Board of County Commissioners of the County of Weld, State of Colorado, taken this 3rd day of August, 2009, IT IS HEREBY GRANTED a permit for a temporary assemblage on land within the unincorporated portion of the County of Weld, State of Colorado, to be held from 9:00 a.m., until 4:00 p.m., on August 28 and 29, 2009; and from 9:00 a.m., until 2:00 p.m., on August 30, 2009, on property described as: 12760 Highway 14, Ault, Colorado 80610; being further described as Lot B of Recorded Exemption #2769; being part of the W1/2NE1/4 of Section 18, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado This permit authorizes Love -Air R/C, Inc., to hold such an assemblage so long as it is in accordance with Chapter 12 of the Weld County Code and all other applicable State and County statutes and regulations. This permit is subject to compliance with the terms and conditions as set forth in the application materials and to additional conditions set forth by the Board and attached hereto. PERMIT (APPROVED) OR (APPROVED WITH CONDITIONS) this 3rd day of August, 2009. ATTEST: aa Weld County Clerk to the Bo BY \ Depthy Cler APPRQVE Qunt Attorney David E. Long BOARD OF COUNTY COMMISSIONERS ELD COUNT'YJCOLORADO a Kirkmeyer, NOTE: THIS PERMIT MAY BE REVOKED AND THE BOND FORFEITED FOR FAILING TO MEET THE CONDITIONS SET FORTH HEREIN. 2009-1807 LC0022 NOTICE OF APPLICATION FOR TEMPORARY ASSEMBLY Pursuant to the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us DOCKET #: 2009-48 DATE: August 3, 2009 TIME: 9:00 a.m. APPLICANT: Love -Air R/C, Inc. c/o Michael Harrington 6112 Ashton Court Fort Collins, Colorado 80525 REQUEST: Application for a temporary assembly of more than 350 persons on August 28, 29, and 30, 2009 LEGAL DESCRIPTION: Lot B of Recorded Exemption #2769; being part of the W1/2NE1/4 of Section 18, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado LOCATION: 12760 Highway 14, Ault, Colorado 80610 (See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 14, 2009 PUBLISHED: July 16, 2009, in the Windsor Beacon 2009-1807 Account #: 346067 Your Local Newspaper Since 1896 kids or Beacon STATE OF COLORADO ) ) ss: AFFIDAVIT OF PUBLICATION COUNTY OF WELD ) NOTICE OF APPLICATION FOR TEMPORARY ASSEMBLY Pursuant to the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please ad- vise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of en- gaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, it special ac- commodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be exam- ined in the office of the Clerk to the Board of County Commissioners, Weld County Centen- nial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us DOCKET f:: 2009-48 DATE: August 3, 2009 TIME: 9:00 a m. APPLICANT: Love -Air R/C, Inc. c/o Michael Harrington 6112 Ashton Court Fort Collins, Colorado 80525 REQUEST: Application for a temporary assem- bly of more than 350 persons on August 28, 29, and 30,2009 LEGAL DESCRIPTION: Lot B of Recorded Ex- emption #2769: being part of the W1/2NE1/4 of Section 18. Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado LOCATION: 12760 Highway 14, Ault, Colorado 80610 (See Legal Description for precise loca- tion.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 14, 2009 PUBLISHED: July 16. 2009, in the Windsor Beacon 0034137967 Delivered to: Echo Villa , being duly sworn, deposes and says that said is the legal clerk of the Windsor Beacon; that the same is a weekly newspaper of general circulation and printed and published in the town of Windsor, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said weekly newspaper for 1 Week; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the issue of said newspaper on Thursday, July 16, 2009 that the last publication thereof was contained in the issue of said newspaper on Thursday, July 16, 2009 that said Windsor Beacon has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me, within the County of Weld, State of Colorado this Tuesday, July 14, 2009 My Comn '# ?) s WELD COUNTY CLERK TO THE BOARD, 915 10TH ST GREELEY, CO 80631-1117 C.Of-2 6 --- Notary Public Legal No.0034137967 NOTICE OF APPLICATION FOR TEMPORARY AS Affidavit Prepared Tuesday, July 14,2009 1:31 pm APPLICATION FOR TEMPORARY ASSEMBLY INSTRUCTIONS TO APPLICANT: Complete each section and mark "N/A" where not applicable. Additional sheets may be attached and maps, sketches or drawings may be substituted for the verbal description of plans for the assembly site. All required information must be furnished before the application will be processed. NAME: Love Air RC Inc/Warbirds Over The Rockies AGE: N/A RESIDENCE:N/A MAILING ADDRESS: 6112 Ashton Ct Fort Collins CO 80525 NAME: Michael Harrington AGE: 59 RESIDENCE: 6112 Ashton Ct, Fort Collins 80525. ph 491-6280 office, 420-1309 cell MAILING ADDRESS: same (This must list all partners in a partnership, officers of an unincorporated association, society or group, or, if there are no officers, by all members of such association, society or group. IF A CORPORATION, ATTACH A CERTIFIED COPY OF THE ARTICLES OF INCORPORATION.) 1. Address and legal description of all property upon which the assembly is to be held: 12760 Highway 14 Ault CO 80610, in the north half of section 18 in the south-east 40 corner Government map A31. Approximate size is twelve acres. 1000 feet by 550 feet A. Name, residence and mailing address of the record owners of such property (Attach a notarized statement by the record owners of such property consenting to the assembly if application is not made by all of the record owners.) NAME: Drake Family Partnership LLC RESIDENCE: 10010 Highway 14 Ault CO 80610 MAILING ADDRESS: same as above 2. Nature or purposes of the assembly: 6ih Annual Warbirds Over The Rockies This is a fly -in for pilots of remote controlled military aircraft with a noon model air show. 3. Dates and hours during which the assembly is to be held: August 28-29, 2009 - 9:00 am to 4 pm and August 30, 2009 - 9:00 am to 2:00 pm 4. Maximum number of persons to be allowed at assembly at any one time: 2000 5. The maximum number of tickets to be sold, if any: N/A 6. Identify plans to limit number of persons to the maximum identified above: Attendance is limited by the number of parking spaces available. Q\DOCUMENTS AND SETTINGS\H MICHAEL HARRINGTON\MY DOCUMENTS\AMA\WABIRDS OVER THE ROCKIES\WELD CO PERMIT APPLICATION\wOTR 2009 ASSEMBLY APPLICATION.DOC 7. Identify plans for supplying potable (drinking) water, including the source, number, and location of facilities, and type and means of disposing of waste deposited: See below for waste disposal details. 8. Identify the plans for holding, collecting, and disposing of solid waste materials: During the event, there will be 16 trash barrels along the flightline, as well as the spectator area and parking areas. There will be three dumpsters on site provided by Waste Management. The trash barrels will be inspected hourly by event staff and emptied as needed. 9. Identify the plans for providing separate toilet facilities for males and females, including the source, number, and location, type and the means of disposing of wastes deposited: There will he a total of fifteen (16) porta-johns and three washing stations located between the parking area and the spectator seating areas. The facilities, provided by , will be serviced daily. 10. Identify the plans to provide for medical facilities, including the location and construction of any structures, the names, addresses, and hours of availability of emergency medical technicians and nurses and provisions for emergency ambulance service: Emergency medical services will be provided by the Ault Fire and Rescue 11. Identify the plans, if any, to illuminate the location of the assembly, including the source and amount of power, and the location of lamps: N/A 12. Identify the plans for parking vehicles, including size and location of lots, points of highway access and interior roads, including routes between highway access and parking lots: All access to the event is off Highway 14. Traffic control will be provided by Northern Colorado Traffic Control. Once vehicles are on the property, club members will guide attendees to parking locations. Please see site layout. 13. Identify the plans for communications with hospital, police, and fire services, including the source, amount, and location of communication equipment: Ault Fire and Rescue will be on site. The event director will have contact with additional emergency services via cell phone. 14. Identify the plans for camping facilities, if any: There is a designated area in the parking lot for dry camping. 15. Identify the plans for fire protection: Fire extinguishers will be located along the flight line; Ault Fire and Rescue will be on site. Crops in the immediate surrounding fields will have been harvest by the event dates. All vegetation in the spectator areas will be trimmed or mowed. 16. Identify the plans for security, including the number of guards, their deployment, their names, addresses, credentials and hours of availability and description of peer group control, if any: General security measures, parking attendants and on site traffic control, as well as crowd control will C:\DOCUMENTS AND SETTINGS\H MICHAEL HARRINGTON\MY DOCUMENTS\AMA\WABIRDS OVER THE ROCKIES\WELD CO PERMIT APPLICATION\WOTR 2009 ASSEMBLY APPLICATION.DOC be provided by the more that 50 club members who will be working at the event. Event staff will distinguished by specific shirts. badges and/or vests. The flight line and pit areas are tightly controlled by the Airboss, his staff and pit security to limit access to authorized individuals only. There is a safety fences between the spectator area and flight operations and pits areas. The parking area is separate from the spectator areas. 17. Identify the plans for sound control and sound amplification, if any, including number, location, and power of amplifiers and speakers: The club provides the PA system (600 watt) for the event. There will an announcer who describes the action for spectators and who will also advise pilots of flight line activities. There are a total of 6 speakers which provide adequate coverage without excessive volume. 18. If applicable, identify plans for meeting County health standards for concessions and concessiohaires who will be allowed to operate on the grounds, including the names and addresses of all concessionaires and their license permit numbers: Food and drinks will be available from Famous Dave's BBO, 16539 N Washington St Broomfield. CO 800020; Thornton tax license #20099, CO sales tax license #27-78562, retail food license #35- 10181-000 19. Identify the plans, if any, for an electrical system: Electricity for all needs will be provided by generator(s). 20. Identify the plans to ensure that trees, underbrush, large rocks, and other natural features shall be left intact and undisturbed, and natural vegetative cover retained, protected and maintained so as to facilitate drainage, prevent erosion, and preserve the scenic attributes; and the plans to abate dust on the site: Please note the maintenance section of the club lease which stipulates terms 21. Attach a statement by a bonding company licensed to do business in the State of Colorado indicating its intent to furnish a bond required in Section 12-1-30.6.13 of the Weld County Code to ensure performance by the applicant of each of the terms and conditions of the temporary assemblage permit. (COMA and pr c'icU'd - C . cik # I033) 22. Attach a statement by an insurance company licensed to do business in the State of Colorado stating its intent to provide liability insurance, as required by Section 12-1-30.6.14 of the Weld County Code, to protect against injury to persons or property occurring as a result of such an assembly. Love Air RC is chartered by the Academy of Model Aeronautics (AMA), please see chartered club certificate #2356. As a chartered club, the club, its officers and the landowner each have $2.500,000 in liability coverage. Each pilot is also required to be a member of AMA and is also insured with $2,500,000 in liability coverage. The event is also insured ($2,500,000) by having been sanctioned as C:\DOCUMENTS AND SETTINGS \H MICHAEL HARRINGTON\MY DOCUMENTS AMA \WABIRDS OVER THE ROCKIES WELD CO PERMIT APPLICATION\WOTR 2009 ASSEMBLY APPLICATION.DOC an official event by the AMA. The aggregate coverage is $5,000,000 (see attached certificate and letter) 23. Submit $100.00 fee for each event where three -hundred fifty (350) or more people assemble or can reasonably by anticipated to assemble at any one (1) location, unless the location is properly zoned for such assembly, in which case one permit shall be required for the total UcAA number of events scheduled for that location for the reminder of the calendar year, not to exceed ten (10) events per year. As used herein, the term event means an assembly or anticipated assembly which is scheduled to last for three (3) consecutive days or less. BY THIS APPLICATION, APPLICANT(S) AGREES TO INDEMNIFY AND HOLD HARMLESS WELD COUNTY OR ANY OF ITS AGENTS, OFFICERS, SERVANTS, AND EMPLOYEES FROM ANY LIABILITY OR CAUSES OF ACTION WHICH MIGHT ARISE BY REASON OF GRANTING OF A TEMPORARY ASSEMBLAGE PERMIT, AND FROM ANY COSTS INCURRED IN DEFENDING AGAINST SUCH ACTIONS OR IN CLEANING UP ANY WASTE MATERIAL PRODUCED OR LEFT BY THE ASSEMBLY. C:\DOCUMENTS AND SETTINGS\H MICHAEL HARRINGTON\MY DOCUMENTS \AMA\WABIRDS OVER THE ROCKIES\WELD CO PERMIT APPLICATION\W OTR 2009 ASSEMBLY APPLICATION.DOC The applicant, and each of them, swears, (affirms) that, to the best of his knowledge, the statements contained in the application are true and correct. AY p ., SUBSCRIBED AND SWORN l -e mo"ft 200 . JENNIFER VANEQ00M Witness my hand and official My commission expires: F ..............' - ...Q OF c0 Nota 1/01 (-- Applicant's signatu e H. Michael Harrington Applicant's printed name Contest Director Applicant's position iSi- MY COMMISSION EXPIRES: 0519 2013 day of Can E C:\DOCUMENTS AND SETTINGS \H MICHAEL HARRINGTON\MY DOCUMENTS\AMA\WABIRDS OVER THE ROCKIES\WELD CO PERMIT APPLICATION\WOTR 2009 ASSEMBLY APPLICATION.DOC OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Bernie Buescher, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, LOVE -AIR R/C, INC. is a Nonprofit Corporation formed or registered on 02/09/1988 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 19881003322. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 06/25/2009 that have been posted, and by documents delivered to this office electronically through 06/30/2009 @ 10:13:12. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 06/30/2009 @ 10:13:12 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7402921. Secretary of State of the State of Colorado *********************************************End of Certificate******* *************** ********** ********* Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an Option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site, http:Pwww_sos,stale.cansdhiz/CertificateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, httpr/lts'tnr.sos..state. co.0 s/ click Business Center and. select "Frequently Asked Questions." CERT GS D Revised 08/20/2008 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Bernie Buescher, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Warbirds Over The Rockies, LLC is a Limited Liability Company formed or registered on 07/07/2006 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20061276202. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 06/25/2009 that have been posted, and by documents delivered to this office electronically through 06/30/2009 @ 10:17:22. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 06/30/2009 @ 10:17:22 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7402930. Secretary of State of the State of Colorado *********************************************Etld of Certificate******************************************** Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site, htto:l/www.sos.smle.co.us/biz/CertificateSearchCriteriado entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certfcate. For more information, visit our Web site, hop://nwnsos.smle.co.us/click Business Center and select "Frequently Asked Questions." CGRT GS D Revised 08/20/2008 FILED FEB -9 688 SIAIE OE CGLURADO fd tEPARTMENT Cl STA4Tots too vi OF INCORPORATION OF LOVE -AIR R/C, INC. A NONPROFIT CORPORATION 2-S'-8(2 ;8:33 The undersigned person acting as incorporator of a corporation under the Col,.irado Nonprofit Corporation Act, signs and acknowledges the following Articles of Incorporation for such corporation. ARTICLE I The name of the Corporation is LOVE -AIR R/C, INC. ARTICLE II The period of duration of the Corporation shall be pe rpetur1. ARTICLE III The purpose 'or which the Corporation is organized is he a ciuh whose mieh•,rs fly radio cont• riled airplanes. ARTICLE IV The nddrae; „E tn. Corporation in Colcraro Loveland, Colorado Ar 53,, registered ep?nt at s tel • a At -' registered office of the 50 seem 20th Street, H7, t the .lame of its initial 'JCS is Tim Yantis. rlcLE v The address of the principal office is ISS: West 28th Street, 117, Loveland, Colorado h053u, to ARTICLE VI The numher "f directors constituting the initial Hoard of Directors of the Corporation ;a three (3), and the names and addresses of the persons wto are to serve as the initial directors are ae foilowst Tim Yantis Rcger Groeneveld COMPUI ER MA) (;Ci,ii7LETE 1550 West 28th Street, n7 Loveland, Colorado 80538 1703 North Empire Avenue Loveland, Colorado 80S38 • Jim ".Tsar 23;1 Fleming Drive Loveland, Colorado 80538 ARTICLE VII Cumulative voting shall not be allowed. ARTICLE VIII A director of tha Corporation shall not be personally liable to the Corporation or to its members for monetary damages for breach of fiduciary duty a'. a director; except that this provision shall not eliminate or limit the liability of a director to the Corporation or to its merrbers for monetary damages for: Any breach of director's duty of loyalty to the Corporatio❑ or its members; acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; acts specified in C.R.S. 7-21-111; or any transaction from which the director deri:•ed an improper personal benefit. (C.R.S. 7-22-101) ARTICLE IX • The Corporation directors, officers, employees, and agents shall have the same powers, rights, _nd obligations and shall be subject to the limitation as applies to Corporations for profit as set forth in C.R.S. 7-3-101.5 an.+ C.R.S. 7-5-119, and as provided in C.R.S. 7-22-101.5, as amended. ARTICLE X The Corporation may indemnify and advance expenses incurred by a director or officr:r as provided in C.R.S. 7-3-101.5, as amended. ARTICLE XI The Corporation may purchase and maintain insurance on behalf of AU individual who is or was a director, officer, employee, fiduciary, or agent of the Corporation as provided in C'.R.S. '#-3-1n1.5(9), an amended. AR^ICLE XII officer or director of the Corporation shall he peta•,nally liable for any injury to a person or property priming out of s t_. t committed by an employee unless such officer ur direct .r .gas personally involved in the situation g;•ing rine to he litigation or unless such officer or Iire•t•'r committed a crI'dnal offense, as provided in C. r ?-5-114, as amen.ie,l. ARTICLE XII: Nc member of tiL ;..,ard of Directors of the Corporation shall he held liable fur actions taen or omissions made in the performance of his duties as a Board member except for wanton and willful acts or omission' as set forth in C.R.S. t3-21-116, as amended. - r cif /��1 TIM YAMTIS, ptccorporato STATE OF COLORADO) 99. COUNTY OP LARIMER) y ,Subscribed and sworn to before : e tis b :�" day of 14i Gy , 1988, by Tim Yantis. N_ .less my hand and official se:,1. My Commission expires: tv i y Public(rf. f✓`t%) BYLAWS LOVE AIR RC CLUB AMA Sanctioned Club #2356 Revised, January 2004 ARTICLE I - Name, Location and Duration The club shall be known as Love -Air RC Club, Inc. herein referred to as the "Club". The Club is sanctioned by the Academy of Model Aeronautics (AMA), a 50I c3 organization that works to foster and maintain the hobby/sport of aeromodeling. The Club is incorporated as a non profit in the state of Colorado (19881003322 DNC). The duration of the Club shall be perpetual. ARTICLE II - Purposes The objectives of the club shall be: 1. To unite in one organization those people interested in model aviation. 2. To develop a quality program of activities for the members. 3. To function in such other ways as will further the interests of the organization. 4. To cooperate with other agencies or organizations, both public and private, with similar or related objectives. ARTICLE III - Membership 1. Membership in the club shall be open to anyone who is interested in model aviation and who is a member in good standing of the Academy of Model Aeronautics. Prospective members must submit a membership application. All members shall provide evidence of current AMA membership and shall pay upon dues as provided in these Bylaws. The types of membership shall be: 2. GENERAL: A general member is entitled to all rights and privileges without limitation. 3. FAMILY: A family member is a dependent member of the immediate family of a general member who shall enjoy all the rights and privileges of a general member upon application and payment of dues equal to one-half the annual amount for general membership. 4. JUNIOR: A junior member is a member who is under the age of eighteen (18) and is entitled to all the rights and privileges of a general member upon application and payment of dues. 5. HONORARY: An honorary member is a designation bestowed upon a person by the membership who has distinguished themselves in service to the club or to the hobby of model aeronautics. The club may consider such designation upon the recommendation of a general member. Honorary members shall have no voting privileges and may use the club facilities, but only as a guest of a general member and providing the honorary member is a current member in good standing of the AMA. 6. The club secretary shall provide each new member with a copy of the club's Bylaws and any rules or regulations which may have been adopted. The secretary shall also distribute revisions of these Bylaws and rules or regulations to the membership. 7. Each member shall be responsible for the proper enforcement of all club and AMA rules and regulations. 8. A membership may be terminated, for cause, by a majority vote of the club membership as detailed below ARTICLE IV - Dues 1. The amount of dues shall be as determined by the Board of Directors and approved by a majority of the club membership. 2. The dues shall be due on July 1 of each year, and are payable during the preceding thirty day period. Any new member, being received into the club at a time other than on July 1, shall pay the required amount as established, by the Board of Directors and approved by the club membership. 3. Any member more than thirty days delinquent in payment of their dues shall be removed from membership. A member removed for non-payment of dues may make reapplication for membership only with full payment of the current year's dues. 4. During the month of June, the Secretary shall provide each member with an appropriate statement of dues together with such appropriate forms to be completed and returned by the member, as a condition of membership. Said forms will report the member's AMA number and status, and any other pertinent information required for continued membership. Such statement and forms may be included in the club newsletter. 5. All dues collected shall be entered upon the books of the club for general use. 6. Dues are non-refundable, except under extraordinary circumstances. Any refund shall be prorated and shall be determined by the Board of Directors on a case -by - case basis. ARTICLE V - Officers and Elections 1. The elected officers of the club shall be: President, Vice -President, Secretary, Treasurer and Safety Officer. 2. The Club shall also elect two (2) members Directors to serve as members of the Board of Directors. The immediate past President shall also serve as a Director. In the event that the sitting President is reelected to an additional term, three (3) Directors shall be elected. 3. The election of club officers shall be conducted annually, at the last regular meeting (usually November) of each calendar year. 4. The term of office runs from January 1 to December 31 of each calendar year. 5. In the event of a resignation by an elected officer prior to expiration of the term, the Board of Directors shall appoint a replacement to serve the remainder of that term. 6. No position shall be held by a probationary member. ARTICLE VI - Duties of the Officers 1. President: The President shall be the Chief Executive Officer of the club and shall have general supervision of its affairs. The President shall preside at all meetings of the club and shall carry out the policies established by the Board of Directors. The President may appoint committees and shall be an ex officio member of all committees. 2. Vice -President: The Vice -President shall assist the President and act on behalf of the President in case of his/her absence. The Vice -President shall also act as Public Relations officer for the club. 3. Secretary: The Secretary shall keep a record of the proceedings of the meetings; conduct club correspondence; and shall perform the duties incidental to the office of the Secretary and such other duties as the President may prescribe. In cooperation with the membership chairman, the Secretary shall maintain a record of the club membership, member applications and status. In conjunction with the Newsletter Editor, the Secretary shall provide a mailing and telephone list of all members in good standing to the membership during the month of September each year. 4. Treasurer: The Treasurer shall be the principal financial officer of the Club and should render an accurate account of the financial condition of the club at the regular meetings of the membership. The Treasurer shall collect all dues, assessments, and amounts owing to the club and deposit same to a bank account in the Club's name. The Treasurer shall discharge all financial obligations of the club as approved by the Board of Directors or the club membership. In addition, the Treasurer shall cause an audit to be conducted in December of each year with the report to be distributed to the membership by the following February meeting of the Club. 5. Safety Officer: The Safety Officer shall ensure existing safety regulations are enforced. This includes working with the Board of Directors in the processing the grievance forms and following the existing grievance procedure as documented in these by-laws. The Safety Officer shall conduct a general safety meeting at least once each year. 6. Directors: The Directors shall represent the general membership on the Board of Directors and shall participate in the general conduct of the business affairs of the Club. ARTICLE VII - Board of Directors 1. The Board of Directors consists of the Club officers and elected Directors. 2. The Board may meet from time to time as determined by the club President. 3. The Board shall conduct the business affairs of the club. The Board may approve the expenditure of monies in the club treasury, pursuant to the conducting of club business affairs for a dollar amount up to and including five hundred dollars ($500). Expenditures exceeding five hundred dollars ($500) must be approved by a majority vote of the members present at a regular club meeting. ARTICLE VIII - Newsletter 1. The club shall publish a monthly newsletter which shall be distributed to each club member in good standing at least five (5) days prior to the regular monthly meeting. 2. The newsletter will be edited and published under the direction Newsletter Editor. The Editor shall be appointed by the Board of Directors. 3. The purpose of the newsletter is to provide newsworthy information to club concerning its members, model aviation, and events and activities of the club. ARTICLE IX — Meetings 1. There shall be regular monthly meetings of the club's membership at a time and place as determined by the Board of Directors. Regular meetings may be omitted as determined by the Board of Directors providing not more than three consecutive months pass without holding a regular meeting. 2. Special meetings may be called at any time as determined necessary by the Board of Directors. 3. Each member shall be entitled to one vote on each issue at all meetings of the club. All issues shall be decided by a majority vote of the members as described under "Quorum" below or as otherwise specifice in these Bylaws. ARTICLE X - Resignation, Disciplinary Action, Reinstatement 1. Any member may resign his/her membership by giving notice to the Club. 2. Any member failing to maintain AMA membership shall be terminated from the Club and may be reinstated upon restoration of eligibility. 3. Club members shall exhibit good behavior and serve as positive role models at all times. Any other unacceptable behavior by an individual member or members, as defined by the club, becomes the responsibility of the members as stated in the bylaws. 4. Any member may be expelled from membership from the club by a two-thirds majority vote of the members if, in the members determination, violation of any of these bylaws, or the rules of AMA, or any act that is detrimental to the Club, or the AMA. 5. Any member who is expelled from the membership may be reinstated by a two- thirds majority vote of those club members voting. Mail -in ballots will be made available to all members. Mail -in ballots shall be opened at the meeting and counted as if those persons were present at the meeting. 6. The Board of Directors shall have the discretionary authority to provide for and impose disciplinary action, including probation, for such acts or omissions that do not justify expulsion from membership except as noted below. ARTICLE XI - Grievance Procedure (Flight and Ground Safety Rules) 1. Purpose: The grievance procedure provides a mechanism to enforce existing safety rules by providing a progressive disciplinary system when needed. Although most complaints can be resolved informally, if a complaint is serious or cannot be resolved informally, the matter should be referred to the Board of Directors for its consideration by means of a Grievance Form to be filled out and turned into the Safety Officer. At least one witness is required to sign the Grievance Form. 2. The Board of Directors shall use its judgment in carrying out action on the following: (a) A grievance form (see Appendix A) will be filled out and turned into the Safety Officer. At least one witness is required. (b) FIRST VIOLATION a. Viewpoints of both complainants and accused will be considered. b. Complainant's name will be disclosed. c. A verbal reprimand will be given to the accused by the Board of Directors, and this will be recorded in the Board's files. (c) SECOND VIOLATION a. Complainant's name will be disclosed. b. The accused has the right to a written rebuttal, to be reviewed by the Board. c. If the Board so decides, the flying privileges of the accused will be suspended for thirty (30) days. Written notice of this shall be issued and a copy published in the Club newsletter. (d) THIRD VIOLATION a. Board will notify the accused in writing and the Club members via the Club newsletter that the Club will vote on the expulsion of the accused at the next meeting. b. A member may be expelled from the Club only upon a two-thirds (2/3) majority vote those club members voting. Mail -in ballots will be made available to all members. Mail -in ballots shall be opened at the meeting and counted as if those persons were present at the meeting. c. Voting will be by secret ballot at a regular monthly meeting. d. Said expulsion will last for a one-year minimum. (Longer if deemed necessary by the Board). e. The expelled member may reapply for membership after the expiration of the expulsion time period. (e) The three violations actions will not be enforced unless they are accumulated within a two-year period of time. (0 Any member receiving a Grievance, who directs any retaliation action against the person filing said Grievance, will be subject to immediate expulsion from the Club at the discretion of the Board of Directors. This is to include threats, intimidation, physical harm, intentional equipment damage, or any other action deemed to be retaliatory by the Board. (g) Any member receiving a safety Grievance as stated in this Article, who is involved in non -flying violations, or who has key information of a non -flying violation and withholds it from the Board of Directors, may at the Board's discretion be placed on probation for one (1) year regardless of his or her tenure in the Club. ARTICLE XII — Dissolution of the Club The Club may be dissolved with the approval of a two-thirds majority vote of the membership. Upon the dissolution of the Club and after paying all liabilities of the Club, the remaining members shall dispose of all the assets of the Club to the Academy of Model Aeronautics, Inc., or to such other organization or organizations organized and operated exclusively for furtherance of model aviation. Article XIII - Quorum A simple majority of those in attendance shall decide all questions except in the case of revision of these Bylaws as provided herein. ARTICLE XIV - Parliamentary Authority The emphasis in all meetings shall be on orderly process to achieve an objective decision by those present and voting. Should there be a parliamentary challenge, however, it shall be answered by reference to Roberts Rules of Order. ARTICLE XV - Repository of Documents The Secretary and Treasurer shall maintain all records of the club in an orderly fashion and shall pass all records to his/her successor. ARTICLE XVI - Logo The club logo show on page I shall be the property of the Love -Air RC Club Inc and shall be used only for official purposes as approved by the Board of Directors or the club membership. ARTICLE )(VII - Amendments These Bylaws may be amended at any regular meeting of the club provided that the proposed amendment has been published in advance of initial presentation the membership at a prior regular meeting. The amendment is passed by a two-thirds (2/3) majority of those club members voting. Mail -in ballots will be made available to all members. Mail -in ballots shall be opened at the meeting and counted as if those persons were present at the meeting. Date: Appendix A Love Air RC Club Grievance Form Time: Nature of Violation: Signature: 'Witness: Additional Witnesses (not required): of 8 LOVE AIR RIC INCORPORATED AND DRAKE FAMILY PARTNERSHIP LLLP 2 of 8 LEASE AGREEMENT 3 of 8 Drake Family Partnership LLLP - Love Air R/C Inc. - Lease Lessor [Landlord] Drake Family Partnership LLLP Attn: Linda Blehm 10010 Highway 14 Ault, CO 80610 Lessee [Tenant] Love Air R/C Incorporated Mark Smith, 2007 President 3563 Gold Hill Dr. Loveland, CO 80538 [P.O. Box 1781, Loveland, CO 80539-1781] Location of subject property: 12760 Highway 14 Ault CO 80610, in the north half of section 18 in the south-east 40 corner, Government map A31. Approximate size is twelve acres, 1000 feet by 550 feet. This agreement shall replace any and all previous agreements between the two parties. The term of the lease shall be 180 months [15 fifteen years], beginning May 15, 2007, ending May 31, 2022. The Lessee shall have the first right of refusal option to renew this contract for an additional 5 [five] years. Lessee shall have the first right of refusal option to purchase the leased area. The lease will be payable in semi-annual installments as outlined in Exhibit A. The first semi-annual installment to be paid on or before May 31, 2007. 4 of 8 Maintenance: The lessee shall keep property in good maintenance at all times. This shall include mowing of the weeds and grasses. Lessee shall communicate with landlord on which herbicides, etc. to use so as not to endanger landlords ground and crops. Lessee shall always take steps to keep erosion and blowing of topsoil to a minimum. This includes the planting of grasses in open areas of the field and maintaining them. Landlord is aware that: 1. Lessee will construct and maintain a model airstrip [blacktop with surrounding grass]. 2. Lessee will construct a shade shelter and possibly a storage building on the site. 3. A parking area will be designated with appropriate gravel or pit run fill not larger than 3/8 inch rock. 4. Designated area will not be used for anything other than club use. 5. Structures may be moved on to the club site, such as large spools, tables, fences, etc. 6. The club will install any necessary culverts to the site to aid the landlord in the irrigation of his crops. 7. Any of the above stated items may change upon written agreement of both parties. Lease buyout: In the event that the property is sold and the new owner is not amenable to assuming the lease terms or negotiating a new lease that is agreeable to Love Air RiC, the Lessor will make a payment to the Lessee to "buy out" the remaining period the lease. The amount shall be 10% of the remaining value of the lease or $5000.00, whichever is less. If the new owner chooses to exercise the lease buyout option and has no intention of farming the property then the need for returning the site to its original condition will be revisited. 5 of 8 Lessee agrees that any major changes will not be made without prior consultation and consent of the landlord. The lessee and lessor may mutually terminate the lease in the event that model flying at the site is not permitted for some legal reason. At that time the lessee would return the property to the original condition prior to the initial lease. If the lessee needs to terminate the lease for any other reason the lessee will give the lessor written notification one year in advance of our intent to vacate. No additional lease payments will be due after the terminal year. Upon termination the lessee will restore the property as described in the paragraph entitled "Site cleanup" below. Cleanup or damage account: Love Air RIC will maintain an escrow account of $4000.00 plus interest. This account would be in both the landlords and the lessees names and can be reviewed at any time by the landlord, and cannot be used for any purpose other than to return the site to its original condition. Lessee will provide a copy of the most recent statement semi-annually. The statement will be included with the semi-annual payment. Insurance: The Club will maintain a charter with the Academy of Model Aeronautics which provides insurance to the site owner. All documentation will be provided to the site owner. Club membership: Love Air RIC will present lessor with free membership in the club during the term of the lease. This will be extended to the immediate family. 6 of 8 Site cleanup, removal of blacktop and gravel: At the end of the lease agreement, if a renewal lease is not given, Love Air R/C shall remove all blacktop and gravel in such manner that topsoil is disturbed as little as possible. Love Air R/C will use the cleanup account to accomplish this restoration. In the event the cleanup account does not have enough funds, Love Air R/C will be responsible for any additional cost. The site owner agrees that not all of the gravel can be removed and some of the gravel can be worked into the top soil. Access to site: Love Air R/C will have the access road graded as needed. The site owner agrees that he will assist Love Air R/C with any problems that may limit or stop the use of the current access road. Love Air R/C agrees that this road will not be blocked at any time. Love Air R/C will be permitted to install a gate at the entrance to the parking area. The site owner will be provided with keys or combination to any locks used. Signs: Love Air R/C may construct a sign at the entrance road of the access road at the intersection with Highway 14. This sign will be no larger than 5 [five] feet square, and placed so as not to obstruct the right of way. Policing of site: Love Air R/C will be responsible for asking unwanted guests to leave the site. Love Air R/C will be required to stop any non -club activities at the site. Site owner will not be required to watch the site. 7 of 8 Lessor [landlord] --Drake Family Partnership LLLP b y , 7 ) , ( , - - 1 . 1 Date: C,-encre It r - Date: Lessee [tenant] — Love Air R/C Inc. 7 8of8 I Date: c52 0 7 Date: _ >Z' 9 of 8 Exhibit A Annual lease rate and semi-annual payment schedule Year Annual Rate 2007 $4000.00 2008 $4400.00 2009 $4800.00 2010 $4900.00 2011 $5000.00 2012 $5100.00 2013 $5200.00 2014 $5300.00 2015 $5400.00 2016 $5500.00 2017 $5600.00 2018 $5700.00 2019 $5800.00 2020 $5900.00 2021 $6000.00 Year over year increase (+$300) (+$400) (+$400) (+$100) (+$100) (+$100) (+$100) (+$100) (+$100) (+$100) (+$100) (+$100) (+$100) (+$100) (+$100) Due date Semi-annual payment 5/31/2007 11/30/2007 5/31/2008 11/30/2008 5/31/2009 11/30/2009 5/31/2010 11/30/2010 5/31/2011 11/30/2011 $2000.00 $2000.00 $2200.00 $2200.00 $2400.00 $2400.00 $2450.00 $2450.00 $2500.00 $2500.00 8 of 8 5/31/2012 11/30/2012 5/31/2013 11/30/2013 5/31/2014 11/30/2014 5/31/2015 11/30/2015 5/31/2016 11/30/2016 5/31/2017 11/30/2017 5/31/2018 11/30/2018 5/31/2019 11/30/2019 5/31/2020 11/30/2020 5/31/2021 11/30/2021 $2550.00 $2550.00 $2600.00 $2600.00 $2650.00 $2650.00 $2700.00 $2700.00 $2750.00 $2750.00 $2800.00 $2800.00 $2850.00 $2850.00 $2900.00 $2900.00 $2950.00 $2950.00 $3000.00 $3000.00 Drake Field Site Layout 2009 Warbirds Over The Rockies 0 a) 0 L 0 C a) C in a C O O co INSURANCE INFORMATION ACADEMY OF MODEL AERONAUTICS ( north mg Rudy for Mudcl o ration in ihe United States and the t.:.S. Aeromodetine Kepi eIIt:uisc in the t lilted States lur the Federation Acronauuque Internals male =rte AMA SINCE 1936 CHARTERED CLUB CERTIFICATE 7442 c.4to cctt4q that is registered as a Chartered Club of I he Academy of Model Aeronautics. Inc. entitled to all prig lieges and special benefits accorded to AMA Chartered Clubs. Each club chartered by the Academy is protected by insurance coverage with liability limits ofS2,500.t 00 while engaged in modeling and related club actl\ hies. for bodily injury and or property damage arising out of any one accident which may be incurred as a result of club participation in such actiy tiles: the ownerofam property used li!r club act iy'ties may be included as an additional insured by issuance ofacertilicaleofinsutanccII requested by a chartered club and a lice paid for adding coc erage titr the site ow ncr. •\ summary ofthe protection pro% ided under insurance policies issued to the Academy is printed on the reyetse side. likens e Date list :Wise f)irtetor Issued h% I he Academy of Model Aeronauhes :11 I leadyuarrers I spires on %larch ; I , 211111 Res 2165.00 r n!fre s^p'tlubccrt t m Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND. EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW NAME AND ADDRESS OF AGENCY BROKER THE HARRY A KOCH CO. P.O. Box 45279 Omaha NE 68145-0279 CERTIFICATE NO COMPANIES AFFORDING COVERAGE R2303 NAME AND ADDRESS OF INSURED The Academy ofModel 4eronautic:s, Inc. and/or Affiliated and/or Associated Chartered Clubs, Chapters, and Members thereof 5181 E. Memorial Drive Muncie. IN; 4-'302-9252 COMPANY LETTER COMPANY LETTER COMPANY LETTER COMPANY LETTER COMPANY LETTER A B C D E Westchester Surplus Lines Insurance Company This is to certlly that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement. term. Or condition Cl any contract or other document with respect to which this certificate may be issued or may pertain. the insurance afforded by the policies described herein is subeCIto all The terms exclusions. and conditions of such policies CO LETTER TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY A X COMMERCIAL FORM X PREMISES -OPERATIONS X EXPLOSION AND COLLAPSE HAZARD X UNDERGROUND HAZARD X CONTRACTUAL INSURANCE CLAIMS MADE FORM X PERSONAL INJURY X OCCURRENCE FORM EXCESS LIABILITY A UMBRELLA FORM X OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS: LOCATIONS/SPECIAL ITEMS POLICY PERIOD G22011534004 03/31/09 THRU 03/31/10 This certificate cancels and supersedes any previously issued certificate of insurance under this policy number. 622011546004 LOVE -AIR R/C INC / 2356 PO BOX 1781 LOVELAND CO 80538-1781 LIMITS OF LIABILITY GENERAL AGGREGATE PER LOCATION EACH OCCURRENCE 03/31/09 GENERAL AGGREGATE THUR PFR LOCATION 03/31/10 EACH OCCURRENCE STATUTORY 51.000.000 S1,000.000 $4.000,000 $1,500,000 Loc: APPROXIMATELY 1/2 MILE SOUTH EAST RESIDENCE 40 34.54 N 104 49.10 W ADDITIONAL INSURED THIS INSURANCE IS PRIMARY AND NON-CONTRIBUTING AS RESPECTS TO ANY ADDITIONAL INSURE() SITE OWNER DENNIS DRAKE MAILING ADDRESS OF CERTIFICATE HOLDER DRAKE FAMILY FARMS INC 11567 HIGHWAY 14 AULT CO 80610 AUTHOitIZEO REPR6EENTATIVE (EACH ACCIDENTY CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. DaTEISSUEDAPRIL 21, 2009 Coordinating Body for Model Aviation in the United States and the US Aeromodeling Representative in the United States for the Federation Aeronautique Internationale b NATIONAL HEADQUARTERS AMA SINCE 1936 This is to certt& that a sanction has been granted to be held at The program will consist of events in accordance with the current bylaws of the Academy of Model Aeronautics and with the requirements of the category of event classification as specified in the current Official Model Aircraft Competition Regulations. The following requirements must also be met: I . Those who operate models must he current AMA or MAAC members. 2. All literature pertaining to the event must prominently state, "Sanctioned by the Academy of Model Aeronautics" and include the sanction number. 3. The Contest Director in whose name the sanction is issued or his or her designated alternate must be present on the event site and is responsible for the satisfactory conduct of the event during and until its conclusion, regardless of delegation of any duties to others. 4. All model operations must adhere to the current Official National Model Aircraft Safety Code. 5. Non-compliance with any of the above must be cleared in advance by the Academy's president or executive director. 6. It is the policy of the Academy that participation in any sanctioned events shall be available without regard to race, color, creed, national origin, gender, age, or disability. Each AMA sanctioned event is protected by insurance coverage with liability limits of $2,500,000 for bodily injury and/or property damage arising out of any one accident resulting from event activities. Additionally, event site owners may obtain the same protection if named on a specifically requested certificate of insurance at additional cost. A sununary of the protection provided by the Academy is printed on the reverse side. Issued by the Academy of Model Aeronautics at Headquarters on Rev.01/09 Comp-FAI\insursan.cdr r xM_ f. 2009 SUMMARY OF LIABILITY INSURANCE PROTECTION for Chartered Clubs and Sanctioned Events provided under insurance policies issued to The Academy of Model Aeronautics, Inc. This Summary of insurance coverages is merely descriptive and should be used for familiarization and general reference purposes only. For specific policy information including coverage exclusions. homationi or conditions, copies of muster policy(s) may be requested from the AMA and arc available for 55.00 per copy for hand);ng and postage or can be downloaded at www.modelaircrafiorg,! The General Liability Insurance policy coverage for chartered clubs, chapters. designated site owners and sanctioned event sponsors is effective March 31. 2009, subject to the terms and conditions of the policy issued by Westchester Surplus Lines Insurance Company. These insurance policies provide legal liability coverage for AMA chartered clubs and chapters if they are sued or claimed to have been negligent in causing bodily injury or property damage. Coverage for liability arising from club modeling operations is also extended to designated site owners who arc issued an official Certificate of Insurance as evidence of coverage. Policy benefits include assignment of legal counsel and payment of legal cost related to the investigation, defense or settlement of a covered claim and payment of bodily injury, property damage or limited personal injury (libel, slander, defamation, invasion of privacy) seitlements or jtidgemerIts up to the limits of the policy. Clubs. chapters and sanctioned event sponsors are provided this liability insurance as excess of any other applicable coverage for accidents: however, coverage fix a de;ignaied site owner is primary. The maximum per uccurrecce limit of coverage available by this policy is $2,500,000 involving bodily injury• personal injury and.'or property damage with an overall limit of $5.000,000 in the aggregate. These limits are for claim, occurring during the policy period. Model curs, boats and rockets are included. Property damage liability ot•erage is subject to a $250 per claim deductible payable by the Club or Sanctioned Event Sponsors. lie deductible does not apply to bodily ninny or personal injury. There is no coverage for damage caused to models. Liability coverage not provided under the policy for AMA t emhers in suits or claims asserted by members of then own household Likewise, no coverage is provided for claims arising from the use of pri ate or commercial aircraft. :automobiles or other motor vehicles, or water craft which transport people as operators or passengers in conjunction v. Oh club. chapter or sanctioned event activities. Site Owner Coverage includes: 'Pietnnscs liability for injury to spectators at a flying event. 'Liability for injury or damage off -site (i.e. a model that strays from the site and injure:; someone on adjo.nutt . ;n operty ). 'Legal costs for defense of a lawsuit naming the site owner. `Contractual Liability coverage for contracts between the club and site owner holding the site owner harmless for Maims or suits involving injury or damage caused by the club's activities. `AMA insurance i., primary. *Separation of insured protects site owner from member or club acts vending coverage. SPECIFICALLY NOTE: •h!IS St.:M\tAitY IS (ih.Xl7.RAl. IN NATURE. FOR F.XA( AND SPECIFIC Uk.TA!LS OF 1.1.11tt1_hl'Y PROTIC I ION A!t) I'IS EXCLUSIONS, LIMITATIONS OR i' )NDITIONS, PLEASE RI F FI TO 'HIE Y.IASItit i`:SURA. t 1-. POLICY COPIES WILL BF PKOVIDFD 1'i1' AMA HEADQUARTERS FOR, S5.ar) PER. COP'," OR A: 1)0 )W\l OA1.)i•t) \l \t\W.Ntool.I.:AlRCRAFTORG. I j..\I`.! REPORTING ANY t"'l'IIWNl OR (.'1.AIM MI'ST LW REPORTED I\IMFDi al HA" Iti IfI!: VOA llEATit)t:.\lt FLIts, CO') 2x'-I'Sr. EX 2.51 TO Ttk:d't:i r ANY INCIDENT INVOLVING SLI-tIOI's !Nit :RV Ai'V!•It lhot:R` t lk ON WEEKENDS. PLEASE I. ALL. i'"n5i 749-92 II) (';) 2i (}'ej3 I,:'Imo.'q: "U•rad,r Via'•.:..e:' rber: ".1L1.\ I) uC crests S: nai •.lo..n :,) the In;t.r.utcc Sect too .r:i,t 1 .•k t,.r the b tt+elit; jtvh.a -. I ). a.:o;c:u.. '�ptj-,•sees, 5o0-t.A. �r ap-pa% ntu•;irc' rt •a c' )1:C9 14P.4 't• ,, I•;ti. :;;,r/ass', • •'�I.1111: '`1\���';�, �� ';%••III i�••. • •iii//. 7i,:a! •�i� .i,• •: i���. .�„'� •`. 1 II • Oiit •I c::;i:.ji Academy of Model Aeronautics 5161 East Memorial Drive Muncie, Indiana 47302 (765) 287-1256 — Business (765) 289-4248 — Fax (800) 435-9262 — Membership Services http://www.modelaircraft.org SINCE 1936 2009 INSURANCE SUMMARY - THE FACTS ABOUT AMA'S INSURANCE For Individual Members All incidents need to be reported to AMA immediately! Commercial General Liability Coverage (Effective March 31, 2009) • AMA Liability Protection applies to bodily injury or property damage caused by an AMA member. Any AMA member who causes an accident resulting in an injury must report that accident immediately to AMA HQ. • Applies to accidents arising from the modeling activities of model aircraft, rockets, cars and boats, in accordance with the AMA National Safety Code(s). • The per occurrence limit of coverage available by this policy is $2,500,000 involving bodily injury and/or property damage. These limits are for claims occurring during the policy period. Coverage is provided only for accidents arising from the model activities. • Failure to comply with the AMA Safety Code may endanger insurance coverage. • A separate policy covers participation in FAI events outside of the United States and Canada. This policy has a $1,000,000 limit. • There is no coverage for injury to a member to his own family (household and relative(s) living in the member's household) for claims or suits. • The policy does NOT cover business pursuits; that is any activity that generates income for a member beyond reimbursement of expenses, except this business pursuit exclusion does not apply to individual members providing modeling instructions for pay to AMA members. • AMA insurance is "excess" to any other applicable coverage, such as homeowner's. • Has a $250 deductible (property damage only), which is the responsibility of the AMA member causing the accident. Accident/Medical Coverage (Effective January 1, 2009) The Accident/Medical Coverage applies to injuries while engaged in model activities regardless of who causes the accident. It reimburses an AMA member in accordance with policy terms and conditions for only medical expenses (also the beneficiary for loss of life) incurred within 52 weeks of the accident. The Accident/Medical Coverage works as follows: • Provides up to $25,000 for medical expenses and $10,000 for dismemberment or death. • Insures AMA member directly —does not require claim action by another person. • Pays for eligible expenses upon submission of bills or other documents certifying cost of treatment and that injury was caused by model activities. • Reimburses medical expenses only after submission to any other health plan, including Medicare. • Has a $750 deductible. • • • Please call (765) 287-1256 (Monday -Friday, 8 a.m.-5 p.m. EST) for claim forms and filing procedures. To report an incident involving serious injuries after hours or on weekends please call (765) 749-9210 or (765) 212- 0793. This information is merely a brief summary. Complete details of coverage, reporting periods, and exceptions are contained in master policies on file at AMA HO, available for $5 per policy for handling and postage. The policies are also available at www.modelaircraft.org/documents.aspx, documents 500-L, 500 -LA, 500-M, and 500-N. Fire, Vandalism, and Theft Coverage (Effective January 1, 2009) Provides up to $1,000 for loss of aircraft models and accessories, including RC equipment. All theft loss claims must be accompanied by a police report. NOTE: Theft has to occur from a locked vehicle or residential dwelling. There must be physical evidence of violent forcible entry. Has a $100 deductible. Is "excess" to any other applicable coverage, such as homeowners. 2009 Official Academy of Model Aeronautics National Model Aircraft Safety Code Effective January 1, 2006 GENERAL 1. A model aircraft shall be defined as a non -human -carrying device capable of sustained flight in the atmosphere. It shall not exceed limitations established in this code and is intended to be used exclusively for recreational or competition activity. 2. The maximum takeoff weight of a model aircraft, including fuel, is 55 pounds, except for those flown under the AMA Experimental Aircraft Rule: 3. I will abide by this Safety Code and all rules established for the flying site I use. I will not willfully fly my model aircraft in a reckless and/or dangerous manner. 4. I will not fly my model aircraft in sanctioned events, air shows, or model demonstrations until it has been proven airworthy. 5. I will not fly my model aircraft higher than approximately 400 feet above ground level, when within three (3) miles of an airport without notifying the airport operator. I will yield the right-of-way and avoid flying in the proximity of full-scale aircraft, utilizing a spotter when appropriate. 6. I will not fly my model aircraft unless it is identified with my name and address, or AMA number, inside or affixed to the outside of the model aircraft. This does not apply to model aircraft flown indoors. 7. I will not operate model aircraft with metal -blade propellers or with gaseous boosts (other than air), nor will I operate model aircraft with fuels containing tetranitromethane or hydrazine. 8. I will not operate model aircraft carrying pyrotechnic devices which explode or burn, or any device, which propels a projectile of any kind. Exceptions include Free Flight fuses or devices that burn producing smoke and are securely attached to the model aircraft during flight. Rocket motors up to a G -series size may be used, provided they remain firmly attached to the model aircraft during flight. Model rockets may be flown in accordance with the National Model Rocketry Safety Code; however, they may not be launched from model aircraft. Officially designated AMAAi Show Teams (AST) are authorized to use devices and practices as defined within the Air Show Advisory Committee Document. 9. I will not operate my model aircraft while under the influence of alcohol or within eight (8) hours of having consumed alcohol. 10. 1 will not operate my model aircraft while using any drug which could adversely affect my ability to safely control my model aircraft. 11. Children under six (6) years old are only allowed on a flightline or in a flight area as a pilot or while under flight instruction. 12. When and where required by rule, helmets must be properly worn and fastened. They must be OSHA, DOT, ANSI, SNELL or NOCSAE approved or comply with comparable standards. RADIO CONTROL 1. All model flying shall be conducted in a manner to avoid overflight of unprotected people. 2. I will have completed a successful radio equipment ground -range check before the first flight of a new or repaired model aircraft. 3. I will not fly my model aircraft in the presence of spectators until I become a proficient flier, unless I am assisted by an experienced pilot. 4. At all flying sites a safety line or lines must be established, in front of which all flying takes place. Only personnel associated with flying the mo aircraft are allowed at or in front of the safety line. In the case of airshows or demonstrations a straight safety line must be established. An area away from the safety line must be maintained for spectators. Intentional flying behind the safety line is prohibited. 5. I will operate my model aircraft using only radio -control frequencies currently allowed by the Federal Communications Commission (FCC). On individuals properly licensed by the FCC are authorized to operate equipment on Amateur Band frequencies. 6. I will not knowingly operate my model aircraft within three (3) miles of any preexisting flying site without a frequency -management agreement. frequency -management agreement may be an allocation of frequencies for each site, a day -use agreement between sites, or testing which determines that no interference exists. A frequency -management agreement may exist between two or more AMA chartered clubs, AMA clubs ar individual AMA members, or individual AMA members. Frequency -management agreements, including an interference test report if the agreeme indicates no interference exists, will be signed by all parties and copies provided to AMA Headquarters. 7. With the exception of events flown under official AMA Competition Regulations rules, excluding takeoff and landing, no powered model may bi flown outdoors closer than 25 feet to any individual, except for the pilot and the pilot's helper(s) located at the flightline. 8. Under no circumstances may a pilot or other person touch a model aircraft in flight while it is still under power, except to divert it from striking t individual. 9. Radio -controlled night flying is limited to low -performance model aircraft (less than 100 mph). The model aircraft must be equipped with a lighting system which clearly defines the aircraft's attitude and direction at all times. 10. The operator of a radio -controlled model aircraft shall control it during the entire flight, maintaining visual contact without enhancement other than by corrective lenses that are prescribed for the pilot. No model aircraft shall be equipped with devices which allow it to be flown to a selecte location which is beyond the visual range of the pilot. FREE FLIGHT 1. I will not launch my model aircraft unless I am at least 100 feet downwind of spectators and automobile parking. 2. I will not fly my model aircraft unless the launch area is clear of all individuals except my mechanic, officials, and other fliers. 3. I will use an effective device to extinguish any fuse on the model aircraft after the fuse has completed its function. CONTROL LINE 1. I will subject my complete control system (including the safety thong where applicable) to an inspection and pull test prior to flying. The pull te: will be in accordance with the current Competition Regulations for the applicable model aircraft category. Model aircraft not fitting a specific category shall use those pull -test requirements as indicated for Control Line Precision Aerobatics. 2. I will ensure that my flying area is clear of all utility wires or poles and I will not fly a model aircraft closer than 50 feet to any above -ground electric utility lines. 3. I will ensure that my flying area is clear of all nonessential participants and spectators before permitting my engine to be started. Specialized Documents: Radio Control Combat (#525) General Radio Control Racing (#530) Giant Scale Radio Control Racing (#515-A) Gas Turbine Operation (note: Special Waiver Required) (#510-A) Park Flyer Safe Operating Recommendations (#545) First Person View (FPV) Operations (#550) These special codes and appropriate documents may be obtained either from the AMA Web site or by contacting AMA Headquarters. COLORADO istri, Memorandum TO: Jenny VanEgdom, CTB From: Dan Joseph, Environmental Health Specialist DATE: 07/22/09 SUBJECT: Temporary Assembly Permit for LC0022 In response to your request, Environmental Health Services has reviewed the Temporary Assembly Permit, LC0022, for Love -Air R/C Inc., located at 12760 Highway 14, Ault, Colorado. After reviewing the application, the following is the recommendation made by this Department: 1) Temporary hand washing stations should be located outside the portable toilets. We recommend that there be one hand washing station for every two portable toilets (provided the toilets are in close proximity to one another). If the portable toilets are spread throughout the facility we recommend one hand washing facility per toilet. Should you have any questions regarding this matter, please contact me at extension 2206 or via e-mail at dioseph(&,co.weld.co.us. Thank you. CC: Cindy Salazar, Environmental Health Services Sara Evans, Environmental Health Services 11`k COLORADO MEMORANDUM To: Jenny VanEgdom, Deputy Clerk to the Board July 29, 2009 From: Ann Siron, Zoning Compliance Officer, Dept. of Planning Services Subject: LC0022 Review of the following request for a Temporary Assembly Permit by the Department of Planning Services shows the following: Applicant: Love -Air R/C, Inc. c/o Micahel Harrington 6112 Ashton Court Fort Collins, Colorado 80525 Location of Event: 12760 Highway 14 Ault, Colorado 80610 Dates of Event: August 28, 29 and 30, 2009 Zone District: A (Agricultural) This use is has been approved by staff on July 24, 2009. Currently there are no active zoning violations on the above mentioned property. It is recommended a referral be sent to the Weld County Department of Public Works/CDOT for any concerns they may have regarding accesses. SERVICE, TEAMWORK, INTEGRITY, QUALITY TEMPORARY ASSEMBLY REVIEW FORM Date: July 13, 2009 TO: {DEPUTY} FROM: CTB SUBJECT: Temporary Assembly Check Please review all records on the following property for any associated reports during the last year and return your report to the Weld County Clerk to the Board's Office within seven days. Your report will be used by the Board of County Commissioners in considering issuance of a Temporary Assembly Permit. A copy of the file will be sent through interoffice mail for your review. PLEASE RESPOND NO LATER THAN: JULY 22, 2009 APPLICANT: LOVE -AIR R/C, AIR, C/O MICHAEL HARRINGTON EVENT LOCATION: 12760 HIGHWAY 14 AULT, COLORADO 80610 EVENT DATE: AUGUST 28,29, AND 30, 2009, FROM 9:00 A.M. - 4:00 PM ******************************************************************************************************** No concerns Depatys"Initials The Sheriffs Office had a concern and the deputy has mutually worked with the property owner to correct the concern. (Complete Attached Worksheet) Unresolved concerns exist requiring a Probable Cause Hearing scheduled by the Board of County Commissioners. (Complete Attached Worksheet) ******************************************************************************************************** Please notify at Extension Board of Commissioner's Temporary Assembly hearing. of the date and time of the Temporary Assembly Worksheet The following concerns are noted: The property owner and the Sheriffs Office have collectively agreed to implement the following to correct concerns noted above: (A time line and corrective action should be listed for each concern) 7_27c c� Property Owner, Please Print Date Property Owner Signature Dgputy's Signature Use another sheet of paper or attach separate proposal to this packet if needed. Attach copies of all reports associated with this property for the last year. Both the Deputy and the Owner of the establishment will be required to attend the Temporary Assembly Hearing to testify to the above agreement. ‘&ttri COLORADO MEMORANDUM TO: Jenny VanEgdom, Deputy Clerk to the Board DATE: 07/21/09 FROM: Janet Carter E.I., Public Works SUBJECT: Temporary Assembly Love -Air R/C The Weld County Public Works Department has reviewed this proposal. Our requirements are as follows: REQUIREMENTS: 1. No parking will be allowed on Weld County Roadways. 2. Approximately 1,500 vehicles will require parking on the property 3. This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). 4. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. Please contact Gloria Hice-Idler at the Greeley office (970-350-2148 or 970-350-2163) to verify the access permit or for any additional requirements that may be needed. (State Highway 14) Page - I -ofl M-VJANETVDev Review\Temp Assembly Love Air. DOC July 21, 2009 *fris Vi`P� COLORADO MEMORANDUM TO: Bruce Barker, County Attorney FROM: Jenny Van 9g uty Clerk to the Board SUBJECT: Temporary Assembly Permit July 13, 2009 Please find an attached copy of the Temporary Assembly Permit Application for the following applicant: Love -Air R/C, Inc. c/o Michael Harrington 6112 Ashton Court Fort Collins, Colorado 80525 Event Location: 12760 Highway 14 Ault, Colorado 80610 Date of Event: August 28, 29, and 30, 2009, 9:00 a.m. to 4:00 p.m. /Ipso sr3 We have scheduled a hearing before the Board the Temporary Assembly Permit on July -2.7, 2009 at 9:00 a.m. Please review with comments and return. Thank you. FLYOVERS WITH FULL SIZED WARBIRDS Admission: Only $5.00 Adults 15 & under Free It alio li ill ot 0t,, ll�l1 00Il � 1) �,11.�NS l��awl' T1 .soMPRmos 6th ual August 28, 29 & 30, 2009 Just North of Denver PILOT REGISTRATION Meet Double Ace From WWII COLORADO'S PREMIER REMOTE CONTROL �� MODEL AIRPLANE SNOW Join Us for friday night; Legendary Pit Bar-B-Ques famous Daue's BBQ Cookout S15 pp LANDING FEE $30.00 • TENT STORAGE $15.00 PER AIRPLANE Large hanger tent for overnight airplane storage. Pit Pass - $10.00 - No dogs or other small animals allowed in the pits 13ItING TIM FAMILY & YOUR LAWN CII1AIRS MENTION W.O.T.R. FOR DISCOUNT Alb atimbe Comfort INN 601 SW Frontage RD Fort Collins, CO 80524 ph 970-407-0 I (X) I-25 and Mulberry SLEEP INN GENERAL INFORMATION: • Intorinal 13angaaet Saaturday Night • Open TO ;any Warl►ird with Military Paint Scheme • Demos by Top Gum & l *.S. Scale Master Champions • S Flight Lines • Over Night Storage • $30.00 Landing Fee • Event .lnnonneer Sam Wright • No Sport Jets or Non-Slilitaary Planes • S00‘70 Paved Ituinvay • Lu tt•h .available On -Site • :AMA Sanctioned • Vendor Tents with lots of Great SHIM Event Coordinator: Brian O'Meara - bomeara@omearaford.com www.warbirdsovertherockies.com CD: Mike Harrington - wotr@comcast.net - 970-420-1309 6112 Ashton Ct., Ft. Collins, CO 80525 For payment optionsWWW.W%lilt.ItDSOVEIt'111EROCtiIES.COM 3808 East Mulberry Ft. Collins, CO 80234 ph 970-484-5515 I-25 and Mulberry • Over 200 of the Finest Radio Controlled Aircraft will be flying this weekend • Everything from WWI Biplanes, WWII Fighters & Bombers, & Jets like the F-4, F-16, F-18 and the SR71 Blackbird • 200 MPH Model Jet with a Real Turbine Jet Engine • Demonstrations with World Champion Pilots • Lots of Vendors will be showing the Most Current in RC Technology • World Class Models from all over the World • Sam Wright "Golden Voice" - Event Announcer ORKS Banquet $35.00 per Person Check Website for details EXCITING PYROTECHNIC SHOW Directions: 9.5 miles East of 1-25 on Hwy. 14 pYlbsrty St) Swan Fort Collins8 Aot or 4.5 miles West of Ault on Hwy. 14 To Cheyenne To fheyenne Discount Wings Over The Rockies tickets with paid Admmission 1WINGS OVER THE ROCKIES Am & SPAE ► ATA FutaDa Comfort Inn To Lou.$Y.d. nm Loom. DOnwr %5Mdes ►I(-a.M ci .3Mn `Drake Field Love-Air R/C Loveland, CO Nrpki n IMIEVVEIB . IO."t'tttttt 't -.... . tall • % %t. U. •ttt'. t: Tot«rn Gist*.Dona EXHIBIT2_ c..-22;" Zoo' 1-/607 *or tetroftips 4 • DURA-LITE BATTERIES • R/C INTERNATIONAL • DON'S HOBBY SHOP • DAVE PLATT MODELS • JERRY BATES PLANS • WILDBERRY PRODUCTIONS • ROBART • R/C SHOWCASE • FRANK TIANO ENTERPRISES • SIERRA PRECISION RETRACTS • TRU-TURN • KLASS KOTE PAINT • ZIROLI PLANS • VAILLY AVIATION • AIRWORLD-USA • HOBBY LOBBY • R/C HOBBIES • DYNAMIC BALSA • AERO-WORKS • KELEO-CREATIONS • C&H ELECTRONICS • ZINGER PROPS 1irue C O:\'I'itIlln''T'1(: �AVTICI%:Vi. i'.%it'i"%l:K ICutabao OS% NI—' .w' Ile •MMUD totes* 11•0111• 'Abair; .. .o .._ rtre,-ff. 4r: ger las lat. � KMP Kondor Model Products imas7iper RC INTERNATIONAL Sle lr Hello