(A) The Board of County Commissioners shall have the right, in its discretion, to terminate any lease or other agreement authorizing the fixed base operator to conduct any services or business on the airport, and to revoke any fixed base operator’s license, authority, or permit to do business upon the airport for any cause or reason provided in the rules described in this chapter, or by law and in addition thereto, upon the happening of any one or more of the following:
(1) Filing of a petition voluntarily or involuntarily, for the adjudication of the fixed base operator as a bankrupt;
(2) The making by the fixed base operator of any general assignment for the benefit of creditors;
(3) The abandonment or discontinuance of any permitted operation at the airport by the fixed base operator or the failure to conduct them on a full-time basis without the prior approval of the Board of County Commissioners;
(4) Except for payment of rents, charges, fees, and other payments to be paid to the county, the failure of the fixed base operator to remedy any default or breach or violations by him or her, or his or her personnel in keeping, observing, performing, and complying with §§ 91.019, 91.030 through 91.033, and 91.060 through 91.065, 91.080 through 91.085, and 91.100 through 91.104 of the rules and regulations described in this chapter; and the terms, covenants, and conditions in any lease or agreement entered into pursuant hereto on the part of the fixed base operator to be performed, kept, or preserved within 30 days from the date written notice from the Airport Manager has been mailed or delivered to the place of business of the fixed base operator at the airport;
(5) The failure to promptly pay to the county, when due, all rents, charges, fees, and other payments, which are payable to the county by the operator;
(6) Any party applying for a fixed base operator’s license or who is interested in the business; who has supplied the Board of County Commissioners with any false information; or misrepresented any material fact to the Board of County Commissioners in the application, supporting documents, or in statements to or before the Board of County Commissioners; or failed to make full disclosure to the Board of County Commissioners in the application, the supporting documents, or in statements to or before the Board of County Commissioners; or
(7) The fixed base operator, or any partner, officer, director, employee, or agent thereof commits any of the following:
(b) Engages in unsafe, abnormal, or reckless practices in the operation of an aircraft on, or in the vicinity of the airport, which creates a hazard to the safety of other airport users, other aircraft, or the general public, or endangers property, or which could, if any emergency developed, foreseeably result in causing personal injuries or death to a person or damage to property;
(c) Causes personal injury to or the death of a person, or property damage involving in excess of $500 for repairs or loss; or
(d) Operates the business of the fixed base operator in such a fashion as to create a safety hazard on the airport for other airport users, aircraft, property on the airport, the general public, the airport, any pilots, students, or passengers.
(B) (1) In the event of such termination, the fixed base operator shall forthwith peaceably vacate the airport and surrender possession of the premises to the county and cease and desist all business operations on the airport.
(2) Should the operator fail to make such surrender, the county shall have the right, at once, and without further notice to the fixed base operator, to enter and take full possession of the space occupied by the fixed base operator on the airport, by force or otherwise, and with or without legal process to expel, oust, and remove any and all parties and any and all goods and chattels not belonging to the county that may be found within or upon the same at the expense of the operator, and without being liable to prosecution or to any claim for damages therefor.
(3) Upon such termination by the county, all rights, powers, and privileges of the fixed base operator hereunder shall cease, and the fixed base operator shall immediately vacate any space occupied by it under this agreement or any lease or leases, and shall make no claim of any kind whatsoever against the county, its agents, or representatives by reason of such termination or any act incident thereto.
(Ord. 1, passed 3-9-1965)