10-3-3: GENERAL STANDARDS FOR ACCESS:
Before a contract for access to the airport may be executed, the applicant must show to the satisfaction of the city that the purpose for which access is requested is a business purpose consistent with any existing city planning or zoning ordinances and the airport master plan. The applicant must show that:
   A.   Diminished Revenues: The proposed business requires access to the aeronautical surface of the airport and that the use to be made of the facilities will not result in diminished revenues for the city.
   B.   Exclusive Right: The allowance of the activity requested will not involve granting exclusive right for the use of the aeronautical surface or an exclusive right for the conduct of any business activity.
   C.   Undue Risk: The allowance of access will not create an undue risk to the control and possession of the airport for public airport purposes or make it impossible for the city to carry out its agreements with the United States or the state.
   D.   Financial Stability Of Applicant: The applicant is financially capable of providing and maintaining the physical facilities necessary for the conduct of the business proposed.
   E.   Insurance: The applicant will be able to provide insurance in the kinds and amounts as may be required by the city.
   F.   Consistent With Master Plan: The proposed access shall be consistent with the Deming municipal airport master plan.
   G.   Representatives And Successors Bound By Agreement: All covenants, restrictions, and terms of leases shall extend to and bind the business operator's legal representatives, successors and assigns.
   H.   Violations; Corrective Action: If any business operator violates any terms or conditions of the lease agreement entered into with the city, he shall be notified by the city of the violation, which will specify a reasonable period of not more than thirty (30) days for taking corrective action. Failure of the business operator to remedy the violation cited within the time allowed shall cause the lease to be terminated after the expiration of the thirty (30) day written notice to the business operator.
   I.   Termination Of Lease By Operator: A business operator may, on giving thirty (30) days' written notice to the city, terminate his lease or business agreement. If a business operator terminates without the required notice, it shall be liable to the city for the lack of such notification. Upon expiration or other termination of the lease, the business operator's rights to the premises shall cease and the operator shall surrender the lease premises to the city.
   J.   Contents Of Application: Any application for business access to the airport made to the city shall include, as a minimum, the following:
      1.   A list of all the services to be offered.
      2.   The land area desired to lease.
      3.   Building space to be leased or constructed.
      4.   Number of aircraft to be provided.
      5.   Equipment and special tooling to be provided.
      6.   Number of persons to be employed.
      7.   Short resumé of each of the owners and backers including the individual's background in managing/operating a business of this nature.
      8.   Resumé of the manager's experience and background if other than those listed in subsection J7 of this section.
      9.   Times and days scheduled for operations.
      10.   Amounts and types of insurance to be carried.
      11.   Evidence and backgrounds of projections for the first and succeeding four (4) years.
      12.   Methods to be used to attract new business.
      13.   Amenities to be offered to attract business.
      14.   Expansion plans if business volume so warrants.
      15.   A plan showing in reasonable detail all construction required to serve the business site, showing locations of taxiways, ramps, parking and tie-down areas planned for the leasehold requested, including a statement that the applicant understands that any additions to the aeronautical surface must conform to current FAA and New Mexico standards and requirements and that the cost of any construction will be made at applicant's expense.
      16.   A current financial statement, prepared or certified by a certified public accountant for the legal entity requesting a leasehold from the city, including a listing of assets owned, being purchased or leased which will be used in the business, a current credit report for each party owning or having a financial interest in the business.
      17.   An agreement to provide bond or a suitable guarantee of adequate funds to the city to be used to defray expenses and fees normally paid by the lessee between the estimated time the lessee may default and the time a new lease may be executed by another lessee.
      18.   A written authorization for the FAA, any aviation or aeronautics commission, administrators, and departments of any or all states in which applicant has engaged in an aviation business, to release information concerning the applicant's record of operations. The applicant will execute such forms and requests as may be required.
      19.   Proof of insurance or liability coverage for the business operation, flight operations, itinerant aircraft operations, and operators' and premises' insurance.
      20.   Such other information as the Deming airport commission may require. (Ord. 960, 12-8-1997)