13.03.050 Minimum Standards and Limitations.
(1) Prior to the commencement of operations, a prospective operator shall enter into a written agreement with the City, specifying the terms and conditions under which the operator will operate its business on the airport, including but not limited to, the term of agreement; rentals, fees and charges, the rights, privileges and obligations of the respective parties; and other relevant covenants. Such provisions shall neither change nor modify the minimum standards and requirements of this Title, nor be inconsistent therewith.
(2) Prior to approval of any operation, the prospective operator shall comply with airport development standards. The purpose of these standards is to provide a documented basis for directing and evaluating the planning, engineering, and architectural design of ramp, building, hangar, or other facilities to be constructed by the prospective operator.
(3) The operator shall have in its employ, and on duty during operating hours, trained personnel in such numbers as are required to meet the minimum standards and requirements of this Title, in an efficient manner, for each aeronautical service being performed.
(a) The operator shall provide a responsible person in the office to supervise the operations in the leased area on the airport and with authorization to represent and act for and on behalf of, the operator during all business hours.
(b) All personnel required to hold Federal Aviation Administration certificates and ratings shall maintain such certificates and ratings as required.
(4) The operator shall procure, maintain, and pay premiums, during the term of its agreement, for insurance of the types and in the minimum limits set forth in this Title and the written agreement between the City and the operator for the respective categories of aeronautical services. The insurance company, or companies, writing the required policy, or policies, shall be licensed to do business in the State of Utah and be rated at least “A” by the Best Rating Guide.
(a) Where more than one (1) aeronautical service is proposed, minimum insurance limits may vary depending upon the nature of individual services in such combination and may not necessarily be cumulative.
(i) For example, if three (3) activities are chosen, it is not necessary for the operator to carry insurance policies providing the aggregate or combined total of the minimum limits for each type of operation. However, if one (1) of the selected activities requires passenger liability coverage or hangar keeper’s liability not required in either of the other two (2) categories, the operator shall be required to provide insurance on the applicable exposures.
(ii) As a further example, the minimum limit for property damage on a combination of activities shall be the highest minimum limit stated in the grouping chosen.
(iii) Because of these variables, the applicable minimum insurance coverage on combinations of services shall be discussed with the prospective operator at the time of application or otherwise during lease negotiations.
(b) All insurance which the operator is required by the City to carry and keep in force shall include the following as additional insureds: the City of Provo, Provo Municipal Airport, the Airport Manager, and all other airport personnel. This requirement shall apply to subtenants of any airport operator as well as to a primary airport tenant.
(i) Each operator shall furnish evidence of its compliance with this requirement to the Airport Manager with proper certification that such insurance is in force, and shall furnish additional certification as evidence of changes in insurance not less than ten (10) days prior to any such change, if the change results in a reduction in insurance. In the event of cancellation of coverage, thirty (30) days prior notice of cancellation shall be conveyed to the Airport Manager by the underwriter, and ten (10) days for nonpayment of premium.
(ii) Operators insurance shall be primary to any insurance of the City of Provo, and Provo Municipal Airport, and its insurance shall be excess and non-contributing.
(iii) Current proof of insurance shall be continually provided throughout the lease term.
(c) Applicable insurance coverage shall be in force during the period of any construction of the operator’s facilities and/or prior to its entry upon the airport for the conduct of its business.
(d) The operator shall also furnish evidence of compliance with the Utah Code with respect to worker’s compensation and unemployment insurance where applicable.
(e) Any operator, which by nature of its size has become self insured, shall furnish evidence of excess insurance and shall hold the City and its assigns harmless in the event of any claims or litigation arising out of its operation on the airport.
(5) The following general requirements and conditions shall apply.
(a) The minimum space requirements as hereinafter provided shall be satisfied with land and building(s). An operator shall provide detailed plans of any proposed facility acceptable to the City prior to the commencement of any construction or subsequent business operations.
(b) A summary of all current lease rates, fees and terms shall be made available by the Airport Manager.
(c) Each operator shall maintain the pavement constructed by the operator. The maintenance of the interior of the building, utility costs, and trash removal shall be the operator’s responsibility. Utility line maintenance outside the operator’s delineated property boundary shall be the City’s responsibility. Grass mowing and landscape maintenance within the operator’s leased area shall be the operator’s responsibility.
(d) The operator shall be solely responsible for its activities and shall conduct work in such manner as to protect the City and other persons from accident and injury, and in such a manner as to avoid damage to property, adjacent properties, or any improvements, or personal property located thereon. The operator shall practice safety at all times and shall comply with all state and federal occupational, health, environmental, and safety regulations, rules and laws.
(e) The City makes no representations or warranties with respect to the condition of property or for the accuracy or completeness of any information provided by the City with respect thereto. Any harm or injury to an operator, operator’s employees, agents, subcontractors, or any other persons performing any portion of the work under an agreement with the operator that is, or may be attributable to the condition of the property, including with limitation, the condition of improvements thereon shall be the sole responsibility of, and at the sole risk of the operator.
(6) The operator shall control the transportation of pilots and passengers of transient aircraft using the operator’s facilities and services and in the conduct of the operator’s office to the operator’s aircraft apron tie-down area(s).
(a) The operator or any other person utilizing this service with motor vehicles driven on the Airport Operating Area (“AOA”), taxiways, ramp area shall do only in strict accordance with the Airport rules and regulations, applicable federal, state, and municipal laws.
(b) The operator shall procure and maintain for any motor vehicles operated on the Airport, proper motor vehicle liability insurance in the amount specified in this Title and the written agreement.
(7) The following lease clauses shall be contained in all leases between the City and an operator engaged in any aeronautical activity on the airport.
(a) The operator agrees to operate the premises leased for the use and benefit of the public:
(i) to furnish good, prompt and efficient service, adequate to meet all demands for its service at the Airport;
(ii) to furnish said service on a fair, equal and non discriminatory basis to all users thereof; and
(iii) to charge fair, reasonable and nondiscriminatory prices for each unit of sale or service, provided that the operator may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers.
(b) The operator, its agents and employees shall not discriminate against any person or class of persons by reason of race, color, creed, sex, age or national origin in providing any services or in the use of its facilities provided for the public in any manner prohibited by federal law or regulation. The operator further agrees to comply with such enforcement procedures as the United States might demand that the City take in order to comply with assurances made by Provo City Corporation.
(c) No right or privilege granted herein shall serve to prevent persons operating aircraft on the airport from performing any services on their own aircraft with their own regular employees (including, but not limited to, maintenance and repair), provided that safety procedures and regulations in airport rules and regulations and hangar lease agreements are abided by.
(d) Nothing herein contained shall be construed to grant otherwise or authorize the granting of an exclusive right, except as to the areas to be occupied by the operator, which areas shall be for the operator’s exclusive use.
(e) The City reserves the right to further develop or improve the landing area of the airport as it sees fit, and without unreasonable interference or hindrance. If the physical development of the airport requires the relocation of operator-owned facilities, the City agrees to provide a comparable location without any unreasonable interruption to the operator’s activities, and agrees to relocate all operator-owned buildings or provide similar facilities for the operator at no cost to the operator.
(f) The City has the right, but not the obligation, 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 operator in this regard.
(g) The City 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 operator from erecting, or permitting to be erected, any building or other structure on the airport which, in the opinion of the City, could constitute a hazard to aircraft.
(h) This lease shall be subordinate to the provisions of any existing or future agreement between City 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. This subordination includes, but is not limited to, the right of the City, during times of war or national emergency, to lease the landing area, or any part thereof, to the United States for military or naval use. If any such lease is made, the provisions of any contracts or leases with such operators shall be suspended.
(i) The operator shall at all times comply with airport rules and regulations, federal, state and local laws, and other regulatory measures now in existence, or as may be hereafter modified or amended, applicable to the specific type of operation contemplated by the operator. The operator shall procure and maintain during the term of the agreement all licenses, permits and other similar authorizations required for the conduct of its business operations. Failure to comply with any such law, regulation, or a lease provisions shall give the City the right, at its sole option, to terminate the operator’s lease and/or operating agreement.
(j) To the maximum extent permitted by law, the operator shall hold the Provo Municipal Airport, the Airport Manager and all other airport personnel, its officers and agents harmless from and against all suits, claims, demands, actions and/or causes of action of any kind or nature in any way arising out of, or resulting from operator’s tenancy and activities. Operator shall indemnify the City, the Provo Municipal Airport, and the Airport Manager from any and all costs of suit.
(k) All terms and conditions with respect to this lease are expressly contained herein, and the operator agrees that no representative or agent of the Provo Municipal Airport has made any representation or promise with respect to this lease not expressly contained herein.
(l) Upon the expiration or other termination of any agreement, the operator’s rights to the premises, facilities, other rights, licensed service and privileges granted in the agreement shall cease, and the operator shall, upon such expiration or termination, immediately and peacefully surrender such to the City.
(m) All covenants, stipulations and provisions in the agreement to be entered into shall extend to and bind legal representatives, successors and assigns.
(n) As set forth in Department of Transportation Federal Aviation Administration Advisory Circular 150/5190-2A, Exclusive Rights at Airports, Provo City, which owns and operates the Provo Municipal Airport, may engage in any proprietary aeronautical activity and deny the same right to others without violating FAA policy. The City may provide aeronautical services on an exclusive basis but only if it uses its own employees and resources.
(o) The City reserves the right to audit the agreements of operators on Provo Municipal Airport to verify compliance with minimum standards, laws, ordinances, and other lease agreement provisions, on at least an annual agreed upon anniversary date, or for cause.
(8) In the event operator desires to sublease to another company to provide one (1) or more commercial aeronautical services and activities, the following conditions shall apply:
(a) obtain prior written approval from the City to sublease; and
(b) pay the City any additional fees which are negotiated if the rate for the sublease is greater than the lease.