All leases shall contain the following provisions:
(a) The lessee shall agree to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service, provided that the lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers. The lessee also agrees to furnish good, prompt and efficient services adequate to meet all the demands for its services at the Airport.
(b) The lessee, for himself or herself or his or her personal representatives, successors in interest and assigns, as a part of the consideration hereof, shall hereby covenant and agree that:
(1) No person, on the grounds of race, color, national origin, gender or physical ability, shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of, said facilities;
(2) In the construction of any improvements on, over or under such land and the furnishing of services thereon, no person, on the grounds of race, color, national origin, gender or physical ability, shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination;
(3) The lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1974, as amended.
In the event of a breach of any of the above nondiscrimination covenants, the City shall have the right to terminate the agreement and to re-enter and repossess said land and the facilities thereon, and hold the same as if said agreement had never been made or issued. The lessee further shall agree to comply with such enforcement procedures as the United States might demand that the City take in order to comply with the sponsor's assurances.
(c) It is clearly understood by the lessee that no right or privilege has been granted which would operate to prevent any persons, firms or corporations operating aircraft on the Airport from performing minor services on their own aircraft with their own regular employees (including, but not limited to, maintenance and repair) that they may choose to perform.
(d) It is hereby specifically understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right to provide aeronautical services to the public as prohibited by Section 308(a) of the Federal Aviation Act of 1958, as amended, and the City reserves the right to grant to others the privilege and right of conducting any one activity or all activities of an aeronautical nature.
(e) The City shall reserve the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or views of the lessee, and without interference or hindrance.
(f) The City shall reserve the right, but shall not be obligated to the lessee, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of the lessee in this regard.
(g) During times 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 or naval use, and if such lease is executed, the provisions of this chapter, insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended.
(h) The City shall reserve 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 lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport, which, in the opinion of the City, would limit the usefulness of the Airport or constitute a hazard to aircraft.
(i) Lease agreements 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 has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the Airport.
(j) The lessee shall purchase, maintain and furnish satisfactory evidence of the following insurance coverage and conditions: Single limit airport premises liability of one million dollars ($1,000,000) for bodily injury and property damage; where applicable, hangarkeeper's liability, products liability and aircraft liability in an appropriate amount; and Worker's Compensation Insurance, as required by the State. Policies shall name the City as a named insureds as their interests may appear and shall contain a clause which shall provide that in the event the lessee's insurance coverage, or any part thereof, should be cancelled or materially changed, the City shall receive at least fifteen days prior written notice of such change. The City reserves the right to establish minimum insurance coverage and conditions, dependent upon the intended use by the lessee.
(k) The lessee shall conduct his or her business and operation in a manner which shall not hinder, harass or obstruct other lessees, the Airport Manager or the City. Any such hindrance, harassment or obstruction by the lessee shall constitute grounds for the termination of this lease.
(l) Building space requirements may be provided in one building, attached buildings or in separate buildings.
(m) If a lessee shall violate any of the terms of this chapter, be the subject of a petition of voluntary or involuntary bankruptcy, become insolvent, violate any of the provisions of the Federal Aviation Act of 1958, as amended, or other Federal laws relating to the operation on the premises, or violate any State laws with regard to the operation of the Airport, the City may terminate the lease.
(n) The lessee shall pay accounts due all creditors within sixty days of incurring the same, and failure to do so will constitute grounds for termination of the lease.
(o) The lessee shall not engage in any other business which will interfere with the operations or services to be provided under this lease, and the lessee shall settle and pay all accounts on termination of this lease before removing any of the lessee's property from the premises. The lessee shall cooperate with the City and the Airport Manager in the promotion and advancement of the public use of the Airport. The lessee shall not make any changes or alterations in the demised premises without first obtaining the written permission of the City, and the lessee shall not use the demised premises for any unlawful purpose or for any purpose that will injure the reputation of the Airport or of the City.
(p) The lessee shall not assign the lease or sublet the premises without the written permission of the City. Any unauthorized assignment shall be void and shall be cause for immediate termination of the lease.
(q) The Airport Manager, the City and its representatives and agents reserve the right to enter upon the leased premises at all reasonable times for the purpose of making inspections to determine that the conditions and requirements of the lease and the provisions of this chapter are being fully complied with.
(r) The lessee shall promptly pay, when due, all bills for utilities used or consumed on the leased premises.
(Ord. 95-29. Passed 7-3-95; Ord. 2018-03. Passed 1-22-18.)