A. Reservation Of Rights: The following rights shall be reserved to the commission in the operation of the airport, and no agreement of any form entered into at any time, shall impair, hinder, or interfere with the exercise of these rights:
1. To further develop or improve the landing area of the airport as the commission sees fit. If the physical development of the airport requires the relocation of any lessee or other private party to an agreement with the commission, the commission shall, if possible, provide a comparable location and assume responsibility for the relocation of all buildings.
2. 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 all persons maintaining property on the airport, in this regard.
3. To enter into any agreement between itself and the United States, or between itself and the state of Wisconsin, relative to the operation or maintenance of the airport, or related facilities, the execution of which has been or may be required as a condition precedent to the expenditure of federal or state funds for the development of the airport, and any agreement with any person for rights in the use of the airport shall be subordinate to such agreements with the United States or state of Wisconsin.
4. To take any action it considers necessary to protect the aerial approaches of the airport against obstruction, and to prevent any person from erecting, or permitting to be erected, any building or other structure on the airport which, in the opinion of the commission, would limit the usefulness of the airport or constitute a hazard to aircraft.
5. To lease the landing area or any part thereof to the United States government for military use during time of war or national emergency, and if such lease is executed, the provisions of any instrument or agreement with any person, insofar as they are inconsistent with the provisions of the lease to the government, shall be suspended.
6. To suspend or terminate, without liability to any party insofar as permissible under federal or Wisconsin law, all operations at the airport by the commission or of any person, notwithstanding the provisions of any separate agreement, for any reason deemed sufficient by the commission, including, but not limited to, the following:
a. Any hazardous or unsafe condition.
b. Any threat to the present or future interests of the airport or of the owner.
c. If it appears that insufficient commission funds exist to permit the continuation of operations in a reasonable and safe manner.
d. If the owner or the city determines to rescind the authority of the commission.
B. Required Indemnification And Minimum Liability Insurance Provisions:
1. Policy: In entering into any leases or agreements of any kind, the commission shall never become nor allow itself or the owner to be made liable or a surety for any event, activity or operation or the exercise of any privilege or right, except insofar as the same may be directly related to the commission's active discharge of its responsibilities to control and manage the airport consistent with the provisions of this chapter.
2. Required Indemnification Provisions:
a. Any lease or agreement of any kind whatsoever entered into by the commission with regard to the conduct of any event, activity or operation or the exercise of any privilege or right, except insofar as may be directly related to the commission's discharge of its responsibilities to control and manage the airport consistent with the provisions of this chapter, shall contain a provision that the person entering into the lease or agreement with the commission shall indemnify and hold the commission and the owner harmless from any and all claims, suits, settlements, judgments, costs, damages, expenses, and all other liabilities which may accrue against, be charged to, or recovered from the commission, the owner, or the city, by reason or on account of any injury, harm, damage or violation of law arising from the event, activity, operation, or exercise of privilege or right under the lease or agreement, except when caused by the negligence of the commission or owner.
b. Any lessee or permittee shall carry appropriate contractual liability insurance to provide the necessary financial backing for this hold harmless agreement. In the absence of the availability of appropriate contractual liability insurance, other appropriate insuring techniques deemed acceptable by the commission may be used to accomplish the same end of providing the necessary financial backing for this hold harmless agreement.
3. Minimum Limits Of Liability Insurance:
a. In addition to any provision of this chapter specifying required minimum levels and forms of insurance applicable, the commission may require additional forms and higher levels of insurance for any event, activity, or operation or the exercise of any privilege or right at the airport; any lease or agreement shall specify the forms and levels of liability insurance applicable thereto, insofar as practicable, and any lessee or permittee shall file with the commission a proper certificate of insurance or, upon request, copies of required policies.
b. Any lease or agreement shall contain provisions requiring that the commission be notified not less than ten (10) days prior to any change in existing coverages and, further, that said lease or agreement shall be subject to cancellation and termination by the commission, in the event said insurance coverages are terminated, altered or changed in any manner contrary to this chapter or the applicable lease or agreement, at the sole discretion of the commission, without notice, and without penalty.
c. Any insurance coverages and limits required by this chapter are deemed to constitute minimum levels of coverage. At all times it shall be the entire and complete responsibility of any lessee or permittee to ascertain and carry sufficient limits and proper coverages to adequately protect against all exposures to potential loss resulting from the operations and activities which pertain to any lease or agreement for use of the airport.
d. The specified minimum limits of insurance shall be subject to review by the commission, if in its judgment the commission determined that adjustments are necessary for the protection of the commission or city. Amendments may be made to any lease or agreement specifying other additional coverages and/or minimum limits to be required.
Comprehensive General Liability | |||
To include: | Amount of coverage (as applicable to all forms indicated): | ||
Premises/operations | Not less than | $500,000.00 combined single limit or $500,000.00 each person (BI) | |
Products/completed operations | $500,000.00 each accident (BI) | ||
Contractual liability coverage | $500,000.00 each accident (PD) | ||
Aircraft Liability | |||
To include: | Amount of coverage: | ||
Standard form of coverage | Not less than | $500,000.00 combined single limit or $500,000.00 each person (BI) | |
$500,000.00 each accident (BI) | |||
$500,000.00 each accident (PD) | |||
Automobile Liability | |||
To include: | Amount of coverage: | ||
All vehicles and trailers used whether owned, nonowned or hired | Not less than | $500,000.00 combined single limit or $500,000.00 each person (BI) | |
$500,000.00 each accident (BI) | |||
$500,000.00 each accident (PD) | |||
Hangar Keeper's Liability | |||
To include: | Amount of coverage: | ||
Standard form of coverage | Not less than | $500,000.00 combined single limit or $500,000.00 each person (BI) | |
$500,000.00 each accident (BI) | |||
$500,000.00 each accident (PD) | |||
Hangar Keeper's Legal Liability | |||
To include: | Amount of coverage: | ||
Standard form of coverage | To equal full value of all aircraft in hangar keeper's care, custody, or control | ||
Workers' Compensation | |||
Statutory form and limits | |||
C. Other Mandatory Lease Clauses:
1. Each lease for ground space at the airport entered into by the commission shall include such of the following clauses as are required from time to time, by the state and federal government:
a. Nondiscrimination clauses.
b. Affirmative action assurances.
c. Nonexclusive rights clauses.
d. Other mandated language.
2. The most current amendment or form of such mandatory lease clauses shall be included in each lease at the time of execution. (1975 Code Ch. 26 § IV)