Considerations for Establishing and Maintaining Successful Pollinator Programs on Airports (2022)

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76 A P P E N D I X D Sample Beekeeping Agreements This appendix provides sample agreements that airports can use as templates to draft their own agreements with beekeeping partners. The kinds of partnerships with beekeepers may vary. Several examples are presented depending on the nature of these partnerships: › Appendix D-1: Agreement between airport and fee-for-service beekeeping partner › Appendix D-2: Agreement between airport and fee-for-service beekeeping partner (with education services) › Appendix D-3: Agreement between airport and nonprofit organization › Appendix D-4: Agreement between airport and university › Appendix D-5: Agreement between bee club and members to host hives on airport property

Sample Beekeeping Agreements 77   Appendix D-1: Agreement between airport and fee-for- service beekeeping partner Hive Hosting Agreement This agreement, made this ___ day of ____, 20__, sets forth the agreement between [beekeeper name], (hereinafter referred to as "Beekeepers" ), and [airport name], (hereinafter referred to as the "Hive Host") for honeybee colonies on the Hive Host's property described as: [address]. In consideration of their mutual promises, the parties agree as follows: 1. Beekeepers shall initially provide [number of hives] beehives and shall position the beehives in a location designated by the Hive Host in its sole discretion. Beekeepers shall maintain the area where the beehives are located in a clean and orderly manner free of surplus items associated with beekeeping and the activities of the Beekeepers. Beekeepers shall comply with any existing or future Rules and Regulations regarding the airport premises. . 2. Hive Host shall pay an annual fee of [fee amount] per beehive to cover the cost of feed, medication, equipment upkeep and repair and any other miscellaneous costs associated with keeping and maintaining the bees including a hive lease fee. By allowing hives to be hosted on the Hive Host's property, the Hive Host will be an ecologically sound steward of the environment. It will also demonstrate the Hive Host's intent to become "green" by "looking out" for the environment. 3. The hive equipment is owned by the Beekeepers and is leased to the Hive Host for the duration of the contract. 4. The Beekeepers will have access to the Hive Host's property to perform beekeeping duties. In doing so the Beekeepers will have the opportunity to make every effort to keep the bees alive and healthy based solely on the beekeeper's judgment. The Beekeepers acknowledge that the beehives will be located within an area of the Airport that will require through the fence access and Beekeepers will be required to comply with any credentialing or security requirements established by the Hive Host. The Beekeepers will restrict their access to an approved gate and shall provide the Hive Host with reasonable advance notice prior to entering the gate. 5. "Students" or Beekeeping "Mentees" may occasionally accompany the Beekeepers on visits to the hosted hives on the property to assist the Beekeepers and observe the beekeeping activities. Anyone who accompanies the Beekeepers through the gate, however, must be identified to and approved by the Hive Host. 6. Honeybees are wild insects and are in no way "controlled" by the Beekeepers. They go where they wish to go to forage for nectar and pollen. The Beekeepers shall not be responsible for any disruption, including injury or death due to stings to persons on or using the Hive Host's property (or surrounding properties) due to the honeybees. 7. Honeybees may, from time to time, choose to swarm (give birth to a new colony by naturally splitting or dividing the colony). Should this occur, the Beekeepers are in no way responsible for where said swarm may choose to alight or live and further is not responsible for removal of the swarm. If notified of the swarm in a timely manner, the Beekeepers will make every effort to recover said swarm so it does not create a nuisance to the Hive Host's or surrounding properties. Honeybee removal after a swarm has taken residence in a structure by moving into and occupying said structure may result in a separate removal contract with a mutually agreed upon cost.

78 Considerations for Establishing and Maintaining Successful Pollinator Programs on Airports 8. Hive Host acknowledges that this is intended to be a long-term relationship and that the Beekeepers wish for the bees to remain, unmoved, for many years. There is no guarantee that the bees will remain alive year after year. Should the colony die, the Beekeepers will install a new colony as soon as reasonably possible, given honey bee availability, time of year, weather, etc. 9. The Hive Host understands that honeybees are considered "livestock" and the Hive Host is responsible for adherence to all local ordinances and regulations concerning the keeping of bees. Any summons presented is the responsibility of the Hive Host, not the Beekeepers. However, the Beekeepers will assist in removing the bees as required given reasonable notice that allows for a scheduled move. Moving bees happens either at sunset or sunup and a notice of at least 10 days is required for proper planning and arrangement of an alternate location for the bees. Should the Hive Host request the Beekeepers move the bees quicker than 10 days, a fee of $50 per colony will be paid by the Hive Host. 10. During this contract the Honeybee colony in one or more of the hives on the Hive Host's property may produce a surplus of honey that may be collected by the Beekeepers. If a surplus of honey is produced, the Beekeepers agree to provide the Hive Host with a portion of the collection from each hive not to exceed 10% of said surplus. The Hive Host is free to utilize the honey provided to them in any manner the Hive Host sees fit with the understanding that the honey extraction and bottling is performed by the Beekeepers and cannot be sold at retail. 11. This Agreement may be terminated by Hive Host for any reason upon thirty (30) days’ notice. 12. This Agreement may not be assigned by the Beekeepers without the written consent of the Hive Host. Upon termination of this Agreement, Beekeepers shall remove the beehives and any related equipment from the Hive Host's property. Following removal of the beehives and equipment, the Beekeepers shall no longer have access to the Hive Host premises. 13. This Agreement contains all of the terms and conditions between Beekeepers and Hive Host relating to the matters set forth herein and no prior or contemporaneous agreement or understanding pertaining to the same shall be of any force or effect unless such agreement is in writing and signed by both parties. The parties, by placing their signatures below, acknowledge that they have read this agreement, understand its terms and agree to be bound hereby for themselves, their heirs and assigns, and that neither party shall be held to any other or different terms unless those terms are reduced to writing and signed by the parties. (Airport) Date (Beekeeper) Date

Sample Beekeeping Agreements 79   Appendix D-2: Agreement between airport and fee-for-service beekeeping partner (with education services) AGREEMENT FOR BEEKEEPING CONSULTING, HIVE MAINTENANCE AND EDUCATION SERVICES SCOPE OF SERVICES The successful Proposer (Contractor) will be required to provide all labor, material, tools, equipment, supplies, etc. for the purpose of hive maintenance, consulting, and education services related to the beehives for the [Airport]. a) Airport Authority Responsibilities: The Airport Authority will be responsible for the following: i) Providing the materials for the hive structures, smoker, bottles for honey, and personal protective equipment for Airport Authority Staff. ii) The Airport Authority will help with bottling the honey. iii) The Airport Authority will build all structures for the bee hives. b) CONTRACTOR’S RESPONSIBILITIES: The Contractor will be responsible for the following tasks including, but not limited to: i) Hive Management and Maintenance (1) The Contractor must coordinate site visits with [Airport] staff. Airport Authority staff will take an active role in maintaining the beehives alongside the Contractor. Normal working hours are Monday thru Friday 8:00 AM through 4:30 PM. All work must be provided during normal working hours, unless prior arrangements have been made. The bee hives are located within short walking distances from dirt trails that are usually accessible to park vehicles. The bee hives are not located within a fenced area. (2) Hive Management services will include the following services: (a) Setting up the hives and introducing the bees on an as-needed basis. (b) Checking on the acceptance of the queen bee on an as-needed basis. (c) Checking the laying pattern of the queen bee. (d) Checking on the health of the hive. This includes providing materials for disease testing, and treating diseased hives. Airport Authority hives have previously had issues with varroa mites and hive beetles, as well as European foulbrood. (e) Preparing the hives for the winter. (3) The Contractor will be required to provide additional bees and queen bees on an as-needed basis. (4) The Contractor must provide all personal protective equipment for their personnel.

80 Considerations for Establishing and Maintaining Successful Pollinator Programs on Airports (5) The contractor will also be required to maintain any additional beehives at Airport Authority’s request. ii) Educational events (1) The Contractor may be asked to participate in the Airport Authority’s [Event Name]. The Contractor may be required to provide education about the important role of pollinators in our environment. Upon request, the contractor must also be available to present at any additional Airport Authority events. This may include an employee presentation and bottling honey. The Airport Authority typically holds 1-2 education sessions a year. iii) Additional Services: (1) Consult with Airport Authority representatives in the design of additional bee hives and an observation hive for outdoor public viewing. (2) Maintain an observation hive for outdoor public viewing. (3) Provide equipment for extracting and bottling any honey that is harvested from the hives. The Airport Authority will provide the bottles for the honey. The Contractor shall harvest honey from the hives every year, where there is enough honey left for the wintering bees. The honey should be distributed to the Airport Authority. (4) The Contractor must capture or coordinate with other beekeepers to capture any swarm of bees that are deemed as a nuisance on Airport Authority property. (5) The Contractor shall help train Airport Authority staff on maintaining the hives.

Sample Beekeeping Agreements 81   Appendix D-3: Agreement between airport and nonprofit organization MEMORANDUM OF UNDERSTANDING BETWEEN [BEEKEEPING ORGANIZATION] AND [AIRPORT] General Provisions l. Purpose: The purpose of this Memorandum of Understanding ("MOU") between the [Beekeeping organization] and [Airport], hereinafter collectively referred to as the "parties," is to memorialize the parties' understanding of the implementation of the "Beehive Program" as described below in Section 2. 2. Background: [Provide description of beekeeping/non profit organization]. The [Beekeeping organization] will utilize an area of approximately ___square feet (sf) at [Airport] for participants to install and maintain up to __ hives (see attached Exhibit 1 titled "Apiary Location"). This MOU establishes the partnership between the [Beekeeping Organization], and the [Airport]. As such, the [Beekeeping Organization] will establish an apiary at [Airport], and will ensure the installation, operation, and maintenance of the apiary. 3. Term: The term for this MOU begins ________ 20__ and terminates _______ 20__. 4. Amendment/Termination: [insert Airport-specific requirements] 5. Personal Liability: [insert Airport-specific requirements] The foregoing represents the understandings reached between the [Beekeeping Organizations] and the [Airport]. (Airport) Date (Beekeeping Organization) Date

82 Considerations for Establishing and Maintaining Successful Pollinator Programs on Airports Appendix D-4: Agreement between airport and university APIARY LEASE AGREEMENT THIS APIARY LEASE AGREEMENT ("Lease") was made this___day of ____, 20__ between the [Airport Name] (“Commission” or "Lessor"), and [Beekeeper] ("Lessee"). WITNESSETH: WHEREAS, the major purpose and primary function of the property described in this Lease is for airport use; but the Commission has determined that it currently has no specific airport use suitable for the property, and is authorized to lease or license the property for compatible uses; and WHEREAS, the Lessee desires to lease the property to operate an apiary for research and education purposes; and WHEREAS, the Commission's sustainability interests in improving land management practices and in proactive environmental stewardship practices, such as hosting pollinators to increase ecosystem resilience, are complementary to the Lessee’s interest in operating an apiary; and WHEREAS, FAA has encouraged development of sustainable initiatives at airports; and WHEREAS, the Commission has determined that the authorized uses under this Lease would not interfere with airport operations; and WHEREAS, Commission is willing to lease the property to the Lessee upon the terms and conditions of this Lease, which has been approved by the Commission on [date]. NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: 1. PROPERTY. The Commission grants to [Contractor] a lease to occupy and use, subject to the terms and conditions stated herein, a portion of the lands located at the [Airport] ("Airport") in [County], [State], as shown on the attached sketch in Exhibit A and totaling ____ square feet ("Premises"). In addition, the Lessee may have non-exclusive access for parking along the roadway just north of the Premises and for walking from there to the Premises. 2. USE. The Premises may be occupied and used by the Lessee solely for the operation of an apiary for research and educational purposes. For example, the Lessee may utilize the Premises for its [Program Name], which [purpose of program]; and for occasional community day events, provided the timing of such events is subject to prior approval from Commission staff, which approval will not be unreasonably delayed, conditioned or denied. The Premises shall be used for no other purpose without the prior written consent of Commission staff. For example, the Lessee may not conduct any commercial activities on the Premises, such as selling honey, without the prior written consent of Commission staff.

Sample Beekeeping Agreements 83   Subject to Section 5 below and at its own expense, Lessee may make minor improvements to the Premises, such as tilling soil, and the installation of a fence, garden, picnic benches, shed, and arbor. Commission may, at its sole discretion and without charge to Lessee, perform installation and maintenance of the fence and tilling of the soil. Use of the Premises hereunder and improvements made in furtherance of such use shall at all times comply with requirements under FAA regulations and state zoning requirements. It is understood that the granting of the permission and use of the Premises is conditioned upon and shall be without prejudice to the rights of Commission as owner and operator of the Airport. The Lessee shall not take any action that interferes with any of the Commission's aviation-related actions on the Airport or the Commission's operation of the Airport, except with prior written consent. No use will be allowed that adversely affects the Airport's capacity, security, safety, or operations. Lessee promises: (1) that it and its employees, guests and invitees will use the Premises in compliance with this Lease and all applicable laws; (2) not to permit use of the Premises in any way that is illegal or dangerous or that would cause a cancellation, restriction, or increase in premium in any insurance carried by the Commission on the Premises; and (3) not to interfere in the management or operation of the property immediately surrounding the Premises. Commission agrees that the use of the Premises for the use permitted in this Section 2 is not dangerous and will not cause a cancellation, restriction, or increase in premium in insurance carried by the Commission on the Premises. 3. TERM. [Insert Airport-specific requirements] ASSIGNMENT OF LEASE: The Lessee shall not assign or transfer this Lease, nor permit this Lease to become transferred by operation of law or otherwise, nor do or suffer any acts to be done whereby the same may be or become assigned in whole or in part. The Lessee shall not sublease the whole or any part of the Premises. 4. CONSTRUCTION AND MAINTENANCE. The Premises are provided in an "as is," "with all faults" condition, with no representations or warranties, express or implied, of any kind being made by Commission. Commission reserves the right to enter the Premises at all reasonable times for any purpose. Lessee agrees to maintain a clean working area and to restore the Premises and all other Airport property to a similar condition in which it was found, normal wear and tear and damage from the elements excepted. All alterations to the Premises must be approved in advance by Commission staff. Lessee shall pay for any damage or cleaning costs to Airport property resulting solely from Lessee's use of the Premises. All plans for the grading and construction of and relating to replacement of or alterations to the Premises, facilities or improvements shall require Commission staff review and approval, and in addition, all expansion, construction, repair, replacement and alteration plans must meet the requirements of the Federal and State regulatory agencies for clearance and protection of approaches in respect to the Airport. Final design by Lessee for the Premises shall be subject to review and approval by Commission staff for conformance with FAA and State rules and regulations and compatibility with Airport operational requirements. Lessee shall be responsible for obtaining all necessary government permits or other approvals. All work shall be carried on at such time or times and under such control as

84 Considerations for Establishing and Maintaining Successful Pollinator Programs on Airports Commission staff may reasonably impose to coordinate the same with the necessary continuous operation of the Airport. The Lessee shall fence and secure the Premises, according to reasonable Commission requirements, to prevent unauthorized access to the Premises. In addition, the Lessee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations, a copy of which has been provided to Lessee by Commission, in the event any future structure or building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises. All work on the Premises done at the request of or by Lessee shall be completed at Lessee's cost. Lessee shall notify Commission prior to continuing any work if any foreseen or unforeseen environmental conditions exist or manifest; shall keep the Premises, this Lease and Enhancements on the Premises free and clear from all liens for labor performed and materials furnished at the request of or by Lessee; and shall defend, at Lessee's cost, each and every lien asserted or filed against the land, any part thereof, or against this Lease or any Enhancement on the Premises and pay each and every judgment resulting from such lien. In addition to the monetary rent paid to the Commission, the Lessee shall, at all times and at no cost or expense to Commission, maintain the Premises and all Enhancements thereon in a neat and clean condition and in good repair and shall keep the Premises free from debris, weeds and erosion. The Lessee shall not suffer or permit any waste or nuisance on the Premises and shall use reasonable efforts to prevent illegal acts or conduct thereon or such as will constitute a nuisance at such times as Lessee is present on and in control of the Premises. 5. RENT. As rent for the Premises, the Lessee shall pay annually, in advance and on the anniversary date of the Term, the following amounts: 20__: $____ 20__: $____ 20__: $____ The rental rate must be consistent with any change made in the future to federal revenue diversion policy. Thus, the rental amount may be changed during the term of the Lease in order to maintain compliance with federal revenue diversion policy upon 180 days written notice from the Commission to the Lessee. Lessee shall pay for all sanitary sewer, gas, electricity, telephone, refuse collection, and storm sewer charges (collectively, "Utilities"), environmental charges and fees, or other similar charges used on or attributable to the Premises, together with any taxes, penalties, interest or surcharges associated with such Utilities and charges. Notwithstanding the foregoing, Commission may, at its sole discretion, provide irrigated water to the Premises at no additional cost to Lessee. Lessee shall pay all applicable taxes (including, but not limited to, property taxes), assessments, license fees, regulatory fees and other charges, if any, imposed by any other governmental authority during the Term of this Lease upon or related to the Premises, buildings, improvements or other property located thereon, solely as a result of Lessee's use or occupancy of the Premises, for whatever term deemed applicable to Lessee by that governmental authority. Lessee shall pay these amounts without deduction or set-off against Rent to be paid under this Lease.

Sample Beekeeping Agreements 85   6. INSURANCE. [Insert Airport-specific requirements] 7. HOLD HARMLESS. [Insert Airport-specific requirements] 8. COMPLIANCE WITH LAWS. [Insert Airport-specific requirements] 9. HEIGHT. The Lessee expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth, and other objects on the Premises to a height that will not constitute an obstruction as determined by the standards in Federal Aviation Regulation, Part 77. In the event the aforesaid covenants are breached, the Commission reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the Lessee. Further, the Lessee agrees that no lights will be permitted (including automobile headlights) or installed on the Premises which will have a detrimental effect on control tower operations or otherwise affect night operations. 10. FLIGHT OF AIRCRAFT. The Lessee expressly agrees for itself, its successors and assigns to refrain from using the Premises in any manner which might interfere with the landing and taking off of aircraft from the Airport or to the flight of aircraft over the Premises or otherwise constitute a hazard, or interfere with air navigation and communication facilities presently or in the future serving the Airport. In the event the aforesaid covenant is breached, the Commission reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of the Lessee. 11. WITHOUT PREJUDICE. [Insert Airport-specific requirements] 12. COMMISSION RESERVATIONS. [Insert Airport-specific requirements] 13. COMMISSION RIGHT OF ENTRY. [Insert Airport-specific requirements] 14. ENVIRONMENTAL OPERATING CONDITIONS. [Insert Airport-specific requirements] 15. NOTICE [Insert Airport-specific requirements] 16. WAIVER [Insert Airport-specific requirements] 17. COMMITMENTS TO FEDERAL AND STATE AGENCIES [Insert Airport-specific requirements] 18. RIGHT OF FLIGHT I NOISE [Insert Airport-specific requirements] 19. LESSEE PROPERTY AND EQUIPMENT [Insert Airport-specific requirements]

86 Considerations for Establishing and Maintaining Successful Pollinator Programs on Airports 20. SIGNAGE [Insert Airport-specific requirements] 21. PROMOTION [Insert Airport-specific requirements] 22. PLANTING Lessee agrees that Commission shall provide it no compensation for its operations of the apiary or planting on the Premises, and Lessee also agrees that Commission shall not be liable to Lessee for any damage caused to the apiary or planting regardless of whether such damage was caused by Commission or any other party. 23. ENTIRE AGREEMENT. [Insert Airport-specific requirements] 24. LEASE SUBJECT TO FAA APPROVAL. Lessee agrees that this Lease is subject to FAA approval. Lessee further agrees that this Lease will be amended as agreed upon by the parties, or terminated if necessary, to achieve FAA approval; and that Lessee bears all cost and risk for any improvements or construction conducted by Lessee. In addition, continuation of this Lease is conditioned upon approval and agreement of the FAA that the development and use of the Premises for the purposes described herein would not conflict with aircraft operations to and from the Airport and would comply with the clearance and approach requirements presently applicable at the Airport. IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the day and year written below. (Airport) Date (Lessee) Date

Sample Beekeeping Agreements 87   , Appendix D-5: Agreement between bee club and members to host hives on airport property [BEEKEEPING CLUB OR ASSOCIATION] MEMBER AGREEMENT COMMUNITY BEE YARD AT THE [SITE NAME] In order to promote healthy and sustainable beekeeping in [State], [Beekeeping Club Name] (“Club”) and [Member Name], a member of [Beekeeping Club Name], execute this Release and Waiver Agreement (Agreement) on ___________, 20__. Bee Hive Operation: Per the condition and arrangement in this Agreement, Member may install, care for, and maintain one (1) beehive at the community Bee Yard (Yard) located within the [Name of apiary], managed by the Club. Member’s activity must be consistent with all agreements between the [Town] and Club. Club may grant written approval for up to three (3) total hives, upon written request by Member. Term: Term of this agreement shall commence on the above date and shall continue until terminated in writing by either Club or Member, or the end of the license agreement between the Town and Club. Club may unilaterally terminate this agreement by giving thirty (30) days written notice to Member. Conditions of Agreement: Member agrees to comply with this Agreement and to subsequent change and addendums deemed necessary by Club. Member will specifically: • Place the hive in a location identified by Member and no closer than five (5) feet to other hives. Member will not move the hive without Club’s written approval. • Maintain and operate a healthy hive consistent with established industry standards and practices. • Monitor and treat for common bee disease (e.g., foulbrood and nosema), mites (e.g., Varroa and tracheal), and harmful insects (e.g., hive beetle and aggressive bees). Within ten (10) days, Member will provide written notification to Club of any observed diseases, mites, and harmful insects and of treatments. Failure to maintain a healthy hive will result in immediate removal of the hive from the Yard. Club will notify Member if hive is removed. • Remove waste, debris, and excess equipment from the Yard. • Attempt a scheduled work role for maintaining the Yard. This role may include lawn maintenance, Yard improvement, or other necessary work. Assignments will be commensurate to the Member’s physical condition.

88 Considerations for Establishing and Maintaining Successful Pollinator Programs on Airports • Allow Club and its authorized designees, to inspect hive health and program compliance. • Allow Club to use the hive as part of any established training or mentoring program. Club and authorized designees will professionally handle the hive and will minimize stress to the bees. Club will notify Member of Inspections and training programs and encourage Member participation. Disclaimer of Liability: [insert airport-specific requirements] Indemnification: [insert airport-specific requirements] Notices: [insert airport-specific requirements] [Beekeeping Club or Association Information] [Member Information] Acceptance: Club and Member execute this Agreement on the above date in [Town], [State] Club Member BY: Printed Name Printed Name