Each permit issued under this subchapter shall be subject to the following specific conditions, restrictions and reservations, whether expressed in the permit or not:
(A) That books and records be kept showing accurately the gross value or volume of sales or gross revenue from the activity for which the permit was issued for the purpose of determining the correct privilege fee applicable thereto.
(B) That all books and records of and concerning the activity for which the permit was issued be made available at any reasonable time upon the request of the Airport Manager for the purpose of an audit to determine the correctness of any report made and the amount of any privilege fees applicable to the activity.
(C) That on or before the tenth day of each month, a full and complete report, on the form prescribed by the Airport Manager and approved by the City Council, be made to the office of the Airport Manager showing the information necessary to determine the gross value or volume of sales or gross revenue for the immediately preceding month and the amount of the privilege fee applicable thereto.
(D) That all privilege fees applicable to the activity for which the permit is granted be promptly paid.
(E) That the landing area, ramps and roadways may be used in common with others to the extent necessary to carry on the activity covered by the permit, subject to and in accordance with the field rules, air traffic pattern and control rules, safety rules, and all other ordinances of the city and the air traffic rules of the Federal Aviation Agency.
(F) That all aircraft used in connection with the activity for which the permit was issued, together with all other property and equipment, be registered at the office of the Airport Manager.
(G) That the permit shall not be assigned, directly or indirectly, to any other persons.
(H) That no activity be engaged in except the particular activities for which a permit has been granted.
(I) That the person to whom the permit is granted, his agents, employees and students, shall fully and faithfully observe all ground rules, air traffic rules, and other rules, regulations or orders relating to safety or the prevention of unsafe practices which shall be promulgated from time to time by the Airport Manager.
(J) That the person to whom the permit is granted, his agents, employees and students, shall fully and faithfully observe all ordinances of the city, all laws of the state, and the rules, regulations and orders of any agency or department thereof, and all laws of the United States of America, and the rules, regulations and orders of any agency or department thereof, relating to air travel and commerce, aircraft and the maintenance and operation of aircraft and facilities in connection therewith.
(K) That public liability and property damage insurance, with such coverages as the City Council shall from time to time require, by ordinance or resolution, be carried and maintained in force.
(L) That the person to whom the permit is granted shall prevent his agents or employees, and all persons coming upon the airport at his invitation, expressed or implied, or to transact any business with him, from going upon or being at any restricted or unsafe portion of the airport and shall assume all liability and responsibility for, and shall indemnify and hold harmless the city from, any damages or claim of any nature or kind whatsoever by any such agent, employee or person, as well as the claims of any other person arising from, or attributable directly or indirectly to, going upon or being at any restricted or unsafe portion of the airport.
(M) That the person to whom the permit is granted will indemnify and hold harmless the city from all claims or demands of any kind or character whatsoever arising out of, or connected in any way with, the demonstration of aircraft and aircraft accessories or student flying activities conducted by the person to whom the permit is granted, his agents, employees, or students, or arising out of the operation of any aircraft owned or operated by him, his agents, employees or students.
(N) That, as between the person to whom the permit is granted and the city only, the person to whom the permit is granted shall assume all risks of every kind and character whatsoever incident to the use of the airport or the exercise of any privilege in connection therewith, including specifically, but not being limited to, the risk of damage or injury arising from any act done or omitted to be done by any lessee, user or person, and that the person to whom the permit is granted shall indemnify and hold harmless the city, its officers, agents and employees, from any liability or loss to him, his agents or employees, arising out of the use of the airport or the exercise of any privilege in connection therewith by him, his agents or employees or by any other person.
(O) That the rights of the person to whom the permit is granted shall be subordinate to the provisions of any existing or future agreement between the city and the United States of America, relative to the operation or maintenance of the airport, the execution of which was or may be required as a condition precedent to the expenditure of funds of the United States Government for the development or improvement of the airport.
(P) That the rights of the person to whom the permit is granted shall be subordinate to the provisions of any existing or future agreement between the city and the United States of America for use of the airport or any part thereof during time of war or national emergency for military or naval purposes, and that any provisions of the lease or contract shall be suspended insofar as the same are inconsistent with the provisions of such agreements with the United States of America.
(Q) That in case of default in any of the conditions, or in case of a violation of any of the limitations, restrictions and reservations, applicable to the permit, the city may enforce performance or observance thereof in any of the modes provided by law, and that the permit may be forfeited at its discretion if the default continues for a period of ten days after notice of such default or violation and the intention to forfeit the permit is given by the Airport Manager by sending the notice by mail or otherwise to the office or other address of the person to whom the permit is granted, and that, unless the default or violation is cured or stopped completely, the permit and all rights thereunder shall cease and come to an end at the expiration of such ten days as if that were the day originally fixed for the termination thereof.
('68 Code, § 3-69) (Ord. passed 1-12-60) Penalty, see § 90.999