Every lease or contract made under this subchapter shall be subject to the following provisions, conditions and covenants, whether expressed therein or incorporated therein by reference or not:
(A) The lessee or user shall restore all buildings and the premises used to the same order as that existing at the time of entering upon the same, ordinary wear and tear excepted, at or before the expiration or termination from any cause of the lease or contract.
(B) The lessee or user shall remove all improvements and personal property placed thereon by him at or before the expiration or termination from any cause of the lease or contract, and any improvements or property not so removed shall thereupon and thereafter be and become the property of the city.
(C) The lessee or user shall not make alterations, attach fixtures, or erect additions, structures or signs, in or upon the premises leased, unless the plans and specifications therefor have been submitted to the Airport Manager and the same have been approved in writing by the Airport Manager or by resolution of the City Council.
(D) The lease or contract shall not be assigned, in whole or in part, without prior approval of the City Council.
(E) The lessee or user shall keep the premises in a neat, safe and sanitary condition at all times, and the city, its officers, agents and employees shall have the right at reasonable times to enter and inspect the premises and to make any necessary repairs thereto, or determine that any obligation or covenant of the lessee or user to maintain the premises in good repairs has been observed.
(F) The city shall have the right, as it sees fit, to further develop or improve the area of the airport or any building or structure thereon and to take any action it considers necessary or advisable to protect the aerial approaches to the airport against obstruction and to increase the usefulness of the airport and prohibit and prevent structures and property which, in the opinion of the City Council, constitute a hazard to aircraft.
(G) The lessee or user shall carry fire, wind and general insurance, as well as public liability and property damage insurance, with such coverage as the City Council shall from time to time require, by ordinance or resolution, upon the premises, equipment and property under the control of the lessee or user.
(H) The lessee or user shall restore any building or other property destroyed or damaged by fire or other casualty while the same is leased to or occupied or used by him and under his control.
(I) The lessee or user 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 damage 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.
(J) The lessee or user 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 lessee or user, his agents, employees, or students, or arising out of the operation of any aircraft owned or operated by him, his agent, employees or students.
(K) As between the lessee or user and the city only, the lessee or user 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 other lessee, user or person, and that the lessee or user shall indemnify and hold harmless the city, its officers, agents and employees, from any liability or loss to the lessee or user, its agents or employees, arising out of the use of the airport or the exercise of any privilege in connection therewith by the lessee or user, its agents or employees, or by any other person.
(L) The lessee or user, 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.
(M) The lessee, or user, his agents, employees and students, shall fully and faithfully observe all the provisions of this code and any other ordinance 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.
(N) All rents or charges shall be paid monthly in advance in cash to the city.
(O) All fees and other charges imposed by this chapter upon the lessee or user be paid at the time and in the manner therein provided.
(P) The lease or contract shall cease and terminate and be ineffective as to any unexpired portion of the term thereof automatically upon the expiration or termination of any permit or license granted to the lessee or user or required of the lessee or user under this chapter, or upon the failure, refusal or inability of the lessee to obtain or renew, or obtain the renewal of, any such permit or license.
(Q) The rights of the lessee or user shall be subordinate to the provisions of any existing or future agreement between the city and the United States 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.
(R) The rights of the lessee or user 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 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.
(S) In case of default in any of the covenants or conditions, the city may enforce performance of the lease in any modes provided by law, and the lease may be forfeited at its discretion if such default continues for a period of ten days after the lessee or user is notified of such default and the intention to declare the lease forfeited, such notice to be sent by mail or otherwise to the leased premises; and thereupon (unless the default has been completely removed or cured) the lease or contract shall cease and come to an end as if that were the day originally fixed for the expiration of the term thereof, and the city, its agents or attorney, shall have the right, without further notice or demand, to reenter and remove all persons and property without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears for rent or breach of covenant, and the city shall have a lien as security for the unpaid rent upon all property of the lessee or user at the airport.
('68 Code, § 3-77) (Ord. passed 1-12-60) Penalty, see § 90.999