Fixed Base Operator Lease Agreement
34 FBO LEASE TERM Die Laufzeit des Mietvertrags sollte sich auf die Hàhe der Kapitalinvestitionen der FBO beziehen, wie vom Flughafens sponsor gefordert. Larger investments can take up to 30 years or more to be depreciated. Small investments can be depreciated for 5, 10 or 15 years. As a general rule, the duration of the lease should not be longer than the duration of the financing of the facilities. If the term of the lease is shorter than a mutually agreed repayment plan, the lease may include a purchase of the undepreciated capital investment made by the taker at the end of the declared term (ACI-NA n.d.). With respect to FBO leasing contracts, for which the operator is required to make improvements, the duration of the lease should be based on the time reasonably required to make the FBO`s capital investment profitable in the new improvements. Da die Leasinglaufzeit an eine angemessene Abschreibungsfrist for Kapitalanlagen gebunden ist, sind Mietterminverl-ngerungen nach einseitiger Option der FBO in der Regel nicht vertretbar. When a return-and-use clause is included in the contract, the airport sponsor takes possession of the improvements made at the end of the initial rental period. This combination of land and facilities may have a higher value on the market than open spaces. Therefore, if the FBO unilaterally extended the life, it would delay the date on which the airport sponsor would become the owner of the facilities it could offer in a new PSR. If leased space is made up of existing improvements, without additional investments in the FBO, the lease term is generally shorter (3 to 5 years), but renewal options that favour the FBO may be more frequent. Nevertheless, the airport sponsor could try to limit as much as possible the possibilities of extension in order to maintain the flexibility necessary to cope with changing conditions and future events. With respect to FBO long-term leases, airport sponsors often do not contain a provision to extend the lease term beyond 20 or 30 years from the date the lease is signed, as circumstances can change significantly.
Since some national laws restrict the permitted duration of airport leases, a lawyer should be consulted to determine whether such restrictions exist in the jurisdiction of the airport sponsor.