No person shall be granted an exclusive right to conduct any commercial aeronautical activity or any other aeronautical related commercial activity in the Airport. No person shall be permitted to use any land or structure to conduct any commercial aeronautical activity or any other aeronautical related commercial activity or the solicitation of
business unless in accordance with the standards herein established.
Prior to the leasing of any space, whether ground or building, and prior to commencing any operation or business in the Airport, a prospective lessee shall present evidence satisfactory to the City that the prospective lessee meets the minimum standards established herein for engaging in such business in the Airport. The City, as owner of the Airport, may engage in such activities as it deems to be appropriate and in its best interest.
(a) The lessee shall, prior to exercising the privileges of the lease, obtain and during the term of his lease, keep current all State, Federal and local licenses required for each phase of his/her Airport activity and comply at all times during the term of his/her lease with all Federal, State and local laws and regulations.
(b) Upon execution of the lease agreement, and before the applicant is given possession of the leasehold, the applicant shall post a performance bond of eighty percent (80%) of the amount of the total estimated construction cost of all leasehold capital improvements to be erected by the applicant, guaranteeing the construction of all such facilities in accordance with the plans and specifications thereon within the time specified under the lease. If such construction or improvements are valued at less than ten thousand dollars ($10,000), no performance bond is required.
(c) Before the applicant is given possession of the leasehold, the applicant shall provide the City with a surety bond in the amount equal to two months of the annual lease guaranteeing payment of rentals reserved under the lease.
(d) Each lessee is expressly prohibited from conducting any activity at the Airport other than as provided for by the lease.
(e) If the nature of the activity to be conducted by the lessee requires an environmental impact statement, the lessee, at his/her expense, shall prepare and submit such a statement to measure the effect of the activity to be conducted on the ecology of the area which may be impacted.
(f) Each activity to be conducted by the lessee shall be conducted and located in conformity with the Airport Master Plan, Airport Operations Manual and the Airport Layout Plan, in effect at this time and as may be amended from time to time.
(g) All leasehold improvements shall be constructed in accordance with detailed construction plans and specifications which shall be submitted to the Airport Manager and have approval of the City. All construction shall meet the building code requirements of all applicable governing bodies.
(h) The prospective lessee shall disclose if the applicant has previously been held in default of any lease agreement, contract, license or permit relating to the operation of a business by a court of law or other cognizant legal authority.
(i) The prospective lessee shall have a satisfactory credit rating. Refusal to submit necessary information for making a credit appraisal shall disqualify the applicant from further consideration.
(j) The prospective lessee shall demonstrate a current financial net worth showing that he/she holds unencumbered current assets in a total amount equaling at least three months' estimated maintenance and operating expenses. Applicant shall also demonstrate that he/she has the capital required or unconditional financial backing sufficient to construct all leasehold improvements required by these standards and shall unconditionally commit to such construction within a specified period of time. If commitments of the lease are not followed, the City may, at its option, take necessary steps to foreclose on the performance bond.
(k) All structures and improvements hereafter erected or placed on the leasehold shall require the lessee to obtain the prior written approval thereof from the FAA. For approval by the FAA, the lessee shall submit thereto, in triplicate, "Notice of Construction or Alteration" on FAA Form 7460-1, properly completed and accompanied by a map or sketch, prepared at a scale large enough to permit evaluation of the proposed buildings or structures with respect to airspace utilization and FAA Technical Standard Ord. N-18 and showing the height and dimensions of such buildings or structures and their relationship to the Airport.