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Official Statement Airport Commission City and County of San ...

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The <strong>City</strong> <strong>and</strong> the <strong>Commission</strong> agree in the Settlement Agreement not to establish any sinking funds<br />

pertaining to general obligation or revenue bonds previously issued or to be issued for the purpose <strong>of</strong> providing<br />

capital improvements for the <strong>Airport</strong>, other than sinking funds required by covenants in resolutions or indentures<br />

relating to such bonds.<br />

Bond Financing <strong>of</strong> Capital Improvements<br />

Except as provided in the Lease <strong>and</strong> Use Agreements, no surcharge, special assessment or other charge,<br />

rental or fee to the airlines may be made for the funding <strong>of</strong> <strong>Airport</strong> capital improvements from current revenues.<br />

West <strong>of</strong> Bayshore L<strong>and</strong>s<br />

The Settlement Agreement deals with the potential development <strong>of</strong> certain <strong>Airport</strong> property west <strong>of</strong> the<br />

Bayshore Freeway. Maintenance costs <strong>of</strong> the property in its current undeveloped state are an obligation <strong>of</strong> the<br />

<strong>Commission</strong> <strong>and</strong> are included in calculations to determine l<strong>and</strong>ing fee rates. Provision is made for any future<br />

development <strong>of</strong> such property solely with non-<strong>Airport</strong> revenues. Except as may be provided in the Settlement<br />

Agreement <strong>and</strong> the Lease <strong>and</strong> Use Agreements, the airlines disclaim the right to any revenues from the area.<br />

The Settlement Agreement expires by its terms on June 30, 2011.<br />

Lease <strong>and</strong> Use Agreements<br />

All <strong>of</strong> the airlines which were involved in the litigation (see “Settlement Agreement”, above) <strong>and</strong> are<br />

presently serving the <strong>Airport</strong> are signatories to the Lease <strong>and</strong> Use Agreements, with the exception <strong>of</strong> British<br />

Airways. Each <strong>of</strong> the Agreements applicable to domestic airlines has an original term commencing from July 1,<br />

1981 <strong>and</strong> ending June 30, 2011. Certain foreign flag carriers opted for a shorter ten-year term commencing July 1,<br />

1981, <strong>and</strong> are currently operating at the <strong>Airport</strong> pursuant to monthly permits. The Lease <strong>and</strong> Use Agreements<br />

include a number <strong>of</strong> provisions which resulted in a substantial restructuring <strong>of</strong> the financial operations <strong>of</strong> the <strong>Airport</strong><br />

in the three major areas described below:<br />

<strong>Airport</strong> Cost Centers <strong>and</strong> Areas Categories<br />

The definitional portions <strong>of</strong> the Lease <strong>and</strong> Use Agreements include the description <strong>of</strong> the functional areas<br />

to be used in accounting for revenues, expenses <strong>and</strong> debt service. These functional areas are divided into six general<br />

areas: the Airfield Area, <strong>Airport</strong> Support Area, Terminal Area, Groundside Area, Utilities Area <strong>and</strong> West <strong>of</strong><br />

Bayshore Area. Direct <strong>and</strong> indirect expenses are recorded <strong>and</strong> allocated to the appropriate cost centers. Article II <strong>of</strong><br />

the Lease <strong>and</strong> Use Agreements describes various categories <strong>of</strong> space in the Terminal Area, including ticket counters,<br />

ticket counter back <strong>of</strong>fices, administrative <strong>and</strong> operation <strong>of</strong>fices, inbound/outbound baggage h<strong>and</strong>ling areas, <strong>and</strong><br />

unenclosed or covered areas.<br />

Rentals <strong>and</strong> L<strong>and</strong>ing Fees <strong>and</strong> their Adjustment<br />

The Lease <strong>and</strong> Use Agreements provide for matching revenues each year to the <strong>Commission</strong>’s expenditures<br />

by adjusting aviation revenues. Differences between actual receipts <strong>and</strong> expenditures result in adjustment <strong>of</strong><br />

Terminal Area rentals <strong>and</strong> l<strong>and</strong>ing fees in subsequent years. The <strong>Commission</strong>’s financial statements reflect such<br />

adjustments in the year in which the difference occurs.<br />

The Lease <strong>and</strong> Use Agreements provide the methodology for the computation <strong>of</strong> the l<strong>and</strong>ing fee rate <strong>and</strong><br />

Terminal Area rental rates. Such methodology is generally directed at ensuring that revenues equal expenditures.<br />

Although the Lease <strong>and</strong> Use Agreements apply only to the airlines that have signed a Lease <strong>and</strong> Use Agreement, the<br />

<strong>City</strong> currently charges the same l<strong>and</strong>ing fees <strong>and</strong> rentals to non-signatory airlines which operate under permit.<br />

L<strong>and</strong>ing fees <strong>and</strong> Terminal Area rental rates are adjusted annually. Not fewer than 90 days before the end<br />

<strong>of</strong> each fiscal year, each signatory airline is required to submit to the <strong>City</strong> its l<strong>and</strong>ed weight forecast <strong>and</strong> notice <strong>of</strong><br />

any proposed additions to the space in the Terminal Area it leases, for the next fiscal year. Concurrently, the <strong>City</strong><br />

submits to the airlines its budgetary forecast for the various cost centers for the next fiscal year. The <strong>City</strong> then<br />

computes <strong>and</strong> forwards to the signatory airlines not fewer than 60 days before the end <strong>of</strong> the fiscal year its<br />

D-2

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