(A) Commercial activity. The duration of any lease agreement, and any subsequent renewal period, executed for land leased in connection with the operation of any type of commercial aeronautical activity shall be as negotiated and agreed between the applicant and the county.
(B) Noncommercial aeronautical activity. The duration of lease agreements executed for land on which private aircraft hangars are sited will be for a period of 30 years. Established lease fees shall be paid annually no later than January 31 of each year to the County Treasurer.
(C) Aircraft tie downs. Leases for tenant aircraft tie downs shall be indefinite in duration, and established lease fees shall be paid on a monthly basis (to either the County Treasurer, or to airport management if that payment method has been directed by the county).
(D) Subleasing or assigning. The lessee shall not assign his or her lease, or sublease the premises in its entirety, without prior written approval of the County Commission. The partial rental or sharing of the lessee’s hangar space with others, not a party to the lease, shall not be considered a commercial purpose and shall not be considered subleasing such space. The use of any hangar space by parties other than the lessee is still subject to, and required to comply with, all of the terms of the lease agreement. All sections of the lease agreement must be complied with prior to any use of a hangar by the sublessee.
(E) Termination of lease. Upon the termination of this lease, the buildings, improvements and other personal property erected or located upon the premises shall remain the property of the lessee. The lessee shall have the right to remove the same from the premises within 60 days from the date of the termination of the lease. Any property not so removed within said 60-day period shall become the property of the county to be disposed of in such a way as it may be deemed fit. In the event the lessee elects to remove said building improvements, the land shall be left in a clean and graded condition. If the county is required to terminate any lease through legal action and the lessee is not in default and chooses not to remove leasehold improvements, the county shall pay the leaseholder the fair market value for such improvements.
(F) Compliance. It shall be understood and agreed that:
(1) Lessee will comply with all provisions of the lease, and further agrees that, if there be failure on the part of the lessee to perform, keep and observe any of the covenants and conditions contained therein, and provided that lessee be given written notice to correct or cure such default, and within 30 days from the date of such notice the default shall not have been corrected in a manner satisfactory to the county, the county shall have the right to declare the lease terminated;
(2) Lessee will indemnify and hold harmless the county against every claim of whatever kind and nature that may be made against it on account of any act or omission of lessee or any other person acting in its behalf or under its direction or holding through or under it. Lessee further agrees to waive all claims against the county for whatever cause which may occur to it or its property in the use or occupancy of the demised premises other than damages arising from the sole negligence of the county, its officers, agents or employees;
(3) Lessee will maintain the leased premises in a reasonable condition of safety, repair and cleanliness. In the case of a lease for a private aircraft hangar or tenant aircraft tie down space, this requirement shall extend to the immediate environs of such space, with the leaseholder being responsible for the general order, cleanliness and mowing of such area. No outside storage of any kind will be permitted in such area, unless upon land already under leasehold;
(4) For privately-owned aircraft storage hangars, the lessee shall maintain such public liability insurance as may be specified in his or her land lease agreement with the county;
(5) The lessee is an independent entity and not an agent or employee of the lessor with regard to any acts or omissions of the lessee;
(6) Nothing within the lease shall be construed to grant or authorize the granting of an exclusive right upon the airport beyond that right to exclusive use of the real property that is the subject of the lease;
(7) The lessor reserves 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 lessee from erecting any structure on or near the airport which, in the opinion of the county, would limit the usefulness of the airport or constitute a hazard to aircraft;
(8) The lease shall be subordinate to the provisions of any existing or future agreement between the lessor and the federal/state government(s) relative to the operation and maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal/state funds for development of the airport;
(9) The lessor or designated representative reserves the right to temporarily close the airport for maintenance, improvement or as may be required for the safety of the flying public; and
(10) The lessee shall be solely responsible for all incidental, miscellaneous costs associated with the lease-holding, such as taxes and/or similar assessments, utility fees, maintenance and upkeep of the leasehold area and the like.
(Prior Code, § 10-10-3) (Ord. 10-09, passed 10-4-2011)