(A) Flying clubs. A flying club (“club”) shall, at the time of applying for a lease, license, permit or agreement to operate at the airport, furnish a copy of its documents of organization, members and rules.
(B) Environmental issues and indemnification. The substances referred to in divisions (B)(1), (B)(2), (B)(3) or (B)(4) below are collectively referred to hereinafter as “hazardous materials”. Any tenant of the airport, its agents, employees, independent contractors or sub-lessee shall not install, store, use, treat, transport or dispose of any:
(1) Asbestos in any form;
(2) Urea formaldehyde foam insulation;
(3) Transformers or other equipment which contain dielectric fluid containing level of polychlorinated biphenyls in excess of 50 parts per million; or
(4) Any other chemical, material, air pollutant, toxic pollutant, waste or substance which is regulated as toxic or hazardous or exposure to which is prohibited in amounts in excess of that permitted or deemed safe under applicable law; or in any manner which is prohibited or deemed unsafe under applicable law.
(C) Environmental cleanup laws. An airport tenant will, at its own expense, comply with all existing or hereafter enacted laws relating to hazardous materials (collectively “cleanup laws”) in effect at the time of the lease and all future laws thereafter.
(D) Environmental notices. An airport tenant shall promptly supply the City Council with copies of any notices of violation received from any governmental authorities of the United States Environmental Protection Agency.
(E) Environmental survival. An airport tenant’s liability pursuant to any environmental issue shall survive the expiration or earlier termination of their lease for 60 days.
(F) Storm water compliance.
(1) (a) The airport is subject to federal storm water regulations, 40 C.F.R. part 122, for “Vehicle Maintenance Shops” (including vehicles rehabilitation, mechanical repairs, painting, fueling and lubrication storm water regulations).
(b) Each airport tenant shall become familiar with these storm water regulations if it conducts “vehicle maintenance” or operates equipment cleaning operations, as defined in the federal storm water regulations.
(2) An airport tenant’s close cooperation is necessary to ensure compliance with any storm water discharge permit terms and conditions, as well as to ensure safety and to minimize costs.
(3) The city will provide an airport tenant with a written notice of those storm water discharge permit requirements that are in the city’s storm water permit that a tenant will be obligated to perform from time to time.
(G) Insurance. An airport tenant shall during the term of lease maintain at his, her or their cost and expense insurance relating to the leased premises as follows:
(1) General public liability insurance against claims for bodily injury, death or property damage occurring on, in or about the leased premises, such insurance to afford protection to city of not less than $1,000,000 combined limit to personal or property damage;
(2) Hangar keeper’s liability insurance providing coverage for aircraft not owned by the tenant in the following limits: $100,000 per aircraft and $300,000 per occurrence on property damage to aircraft in the care, custody or control of tenant;
(3) Tenants should provide fire damage insurance coverage for leased structures in the amount of at least $100,000; and
(4) All such policies of insurance shall be issued by insurance companies acceptable to the city, shall name the city as an additional insured or loss payee, as the case may be, and shall provide for at least ten days’ written notice prior to cancellation or modification.
(H) Non-liability. The city shall not be liable to an airport tenant’s employees, agents, servants, customers, invitees or to any other person whomsoever, for any injury to persons or damages to property on or about the leased premises or any adjacent area owned by the city.
(2012 Code, § 14-105) Penalty, see § 153.99