(A) The lessee agrees to operate the premises leased for the use and benefit of the public.
(1) To furnish good, prompt and efficient services adequate to meet all the demands for service at the airport;
(2) To furnish service on a fair, equal and nondiscriminatory basis to all users thereof; and,
(3) To charge fair, reasonable and nondiscriminatory prices for each unit of sale or service, provided the lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates or similar types of price reductions to volume purchasers.
(B) The lessee, for himself or herself, his or her personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree:
(1) No person shall be excluded from participation in, denied the benefit of or be otherwise subjected to discrimination in the use of the facilities on the grounds of race, color or national origin;
(2) In the construction of any improvement on, over or under the land and the furnishing of services thereon, no person shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination on the grounds of race, color or national origin;
(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 1964, and as amended.
(C) It is understood by the lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees, including but not limited to maintenance and repair, that it may choose to perform.
(D) It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right.
(E) The lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desire or view of the lessee, and without interference or hindrance.
(F) The lessor reserves 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 the time of war or national emergency the lessor 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 the 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 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 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 lessor, would limit the usefulness of the airport or constitute a hazard to aircraft.
(I) This lease shall be subordinate to the provisions of any existing or future agreement between the lessor 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.
('74 Code, § 2.5-39) (Ord. 940, passed 4-5-77) Penalty, see § 90.999