(a) Requirement of a written agreement. Prior to the commencement of operations, the prospective operator will be required to enter into a written agreement with the city, which agreement will recite the terms and conditions under which he will operate his business on the airport, including, but not limited to, the term of agreement; the rentals, fees and charges; the rights, privileges and obligations of the respective parties and other relevant covenants. Neither the conditions herein contained nor those set forth in the schedule of minimum standards and requirements represent a complete recitation of the provisions to be included in the written agreement. Such contract provisions, however, will not change or modify the minimum standards requirements, or be inconsistent therewith.
(b) Site development standards.
(1) Physical facilities.
a. The minimum space requirements, as hereinafter provided, shall be satisfied with one building, attached buildings, or separate buildings. A hangar building shall have at least one door that will accommodate aircraft for that particular operation.
b. The operator shall provide a paved walkway within the leased area to accommodate pedestrian access to the operator's office from the parking lot, and telephone facilities for customer use. Floor space allotments shall include office, customer lounge, and restroom facilities, all properly heated and lighted.
(2) Personnel. The operator shall have in his employ, and on duty during operating hours, trained personnel in such numbers as are required to meet the minimum standards and requirements set forth in an efficient manner for each aeronautical service being performed. The operator shall also provide a responsible person in the office to supervise the operations in the leased area on the airport and with authorization to represent and act for, and on behalf of, the operator during all business hours. All personnel hereinafter required to hold Federal Aviation Administration certificates and ratings shall maintain such certificates and ratings.
(c) Insurance. The operator shall procure and maintain insurance of the types and in the minimum limits set forth in the schedule of minimum standards for the respective categories of aeronautical services. The insurance company writing the required policy shall be licensed to do business in the state. Where more than one aeronautical service is proposed, the minimum limits will vary dependent upon the nature of individual services in such combination. All insurance, which the operator is required by the city to carry and keep in force, shall include the city, the city council, the airport and industrial park steering committee and aviation committees, the airport board, the city manager of the city, and the officers, agents and employees of the city as additional named insured. The operator shall furnish evidence of his compliance with this requirement to the city manager or his designated representative and will furnish additional certification as evidence of changes in insurance not less than ten days prior to any such change, if the change results in a reduction in overages, and not more than five days after such change if the change results in an increase in overages. The applicable insurance coverage shall be in force during the period of construction of the operator's facilities and/or prior to his entry upon the airport for the conduct of his business.
(d) General lease clauses. These lease clauses shall be contained as a minimum in all leases between the city and operator engaged in any aeronautical service on the airport.
(1) Notwithstanding any other or inconsistent provision of this agreement, during the performance of this agreement, lessee, for itself, its heirs, personal representatives, successors in interest and assigns, as part of the consideration for this agreement, does hereby covenant and agree, as a covenant running with the land, that:
a. No person on the grounds of race, color, religion, sex, or national origin shall be excluded from participation in, denied the benefit of, or otherwise be subjected to discrimination in the use of the premises.
b. In the construction of any improvements on, over or under the premises, and the furnishing of services therein or thereon, no person on the grounds of race, color, religion, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination.
c. The lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR 21, sub-title A, Department of Transportation, Office of the Secretary, Nondiscrimination in Federally Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1954, and as said regulations may be amended.
d. In the event of breach of any of the above nondiscrimination covenants, the lessor shall have the right to terminate this agreement and to reenter and repossess the premises and hold the same as if said agreement had never been made or issued. This provision does not become effective until the procedures of 49 CFR 21 have been followed and completed, including expiration of appeal rights.
(2) Aircraft service by owner or operator of aircraft. No right granted herein shall operate to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform.
(3) Non-exclusive rights. It is not the intent of this agreement to grant to the lessee the exclusive right to provide any or all of the services described in this article at any time during the term of this agreement. The lessor reserves the right, at its sole discretion, to grant others certain rights and privileges upon the airport which are identical in part or in whole to those granted to the lessee. However, the lessor does covenant and agree that:
a. It shall enforce all minimum operating standards or requirements for all aeronautical endeavors and activities conducted at the airport;
b. Any other operator of aeronautical endeavors or activities will not be permitted to operate on the airport under rates, terms or conditions which are more favorable than those set forth in this agreement; and
c. It will not permit the conduct of any aeronautical endeavor or activity at the airport except under an approved lease and operating agreement.
(4) Airport development. The city reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the views of the operator, and without interference or hindrance. If the physical development of the airport requires the relocation of the operator, the city agrees to provide a comparable location with similar facilities, and agrees to relocate all operator-owned buildings or provide similar facilities for the operator at no cost.
(5) City's rights. The city reserves the right (but shall not be obligated to the operator) to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the same together with the right to direct and control all activities of the operator in this regard.
(6) War or national emergency. During any time of war or national emergency, the city shall have the right to lease the landing area or any part thereof to the United States Government for military use and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the government, shall be suspended or modified in whatever manner is appropriate to the situation.
(7) Airport obstructions. The city reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent the operator from erecting, or permitting to be erected, any building or other structure on the airport which, in the opinion of the city, would limit the usefulness of the airport or constitute a hazard to aircraft.
(8) Subordination. This agreement shall be subject and subordinate to the provisions of the indenture and the amendment to indenture whereby the lessor derived title to the premises from the United States and to any existing or future agreement between the lessor and the United States, or any agency thereof, relative to the operation or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development or operation of the airport; provided, however, that the lessor shall, to the extent permitted by law, use its best efforts to cause any such agreements to include provisions protecting and preserving the rights of the lessee in and to the premises, and to compensation for the taking thereof, interference therewith and damage thereto, caused by such agreement or by actions of lessors of the United States pursuant thereto.
(9) Compliance with laws, etc. The lessee shall comply with all federal, state and local laws, rules and regulations which may apply to the conduct of the business contemplated, including rules and regulations promulgated by the lessor, and the lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits.
(10) Indemnity. To the extent not covered by insurance carried in favor of the lessor, the lessee shall keep and hold harmless the lessor from and against any and all claims, demands, suits, judgments, costs and expenses asserted by any person, including agents or employees of lessor or lessee, by reason of death or injury to persons or loss or damage to property, resulting from the lessee's operations, or anything done or omitted by the lessee, under this agreement except to the extent that such claims, demands, suits, judgments, costs and expenses may be attributed to the acts or omissions of the lessor or its agent or employees.
(11) Misrepresentation. This agreement constitutes the entire understanding between the parties, and as of its effective date, supersedes all prior or independent agreements between the parties covering the subject matter hereof. Any change or modification hereof must be in writing signed by both parties.
(e) Miscellaneous. The prospective operator may select one or a combination of the aeronautical services covered by the city's minimum standards and requirements. Where more than one activity is proposed, the minimum requirements will vary (dependent upon the nature of individual services in such combination) but will not necessarily be cumulative in all instances. Because of these variables, the applicable minimum standards on combinations of services will be discussed with the prospective operator at the time of his application or, otherwise, during lease negotiations.
The pertinent minimum standards and requirements for any commercial aviation operator will be predicated upon the nature of his initial business venture. If, at a later date, the business is expanded to encompass new and additional types of services, the negotiated minimum standards established for these additional services shall immediately apply.
(Prior Code, § 10-4; Ord. of 6-22-1982)