§ 3-27. Fixed base operators—Generally.

(a) Leases. The city commission may enter into a lease with a fixed base operator. The term of a fixed base operator lease shall be for not less than five (5) years and the initial lease term and terms provided by subsequent renewal options shall not result in a total lease period which exceeds thirty (30) years.

(b) Conformance with rules and regulations. All fixed base operators shall conform with and abide by all rules and regulations of the Federal Aviation Administration and the City of Lake Wales.

(c) Insurance required. All fixed base operators shall protect the general public, the customers or clients of such fixed base operators and the city from any and all lawful damages, claims or liability, and they shall carry comprehensive general liability insurance in a company authorized to do business in the State of Florida protecting against personal injury and property damage, on a per-occurrence basis, in such amounts as may be stipulated in the fixed base operator lease agreement. The city shall be an additional named insured in any such policy and a certificate of insurance evidencing the same and the required coverage shall be delivered to the city manager at the time any lease becomes effective. The certificate of insurance shall also provide that the city manager will be notified by the insurance company, in writing, thirty (30) days in advance of any cancellation, non-renewal or adverse change to the policy.

(d) Construction. No construction of any kind shall be done at the Lake Wales Airport unless such construction and design is consistent with the master plan for the development of said airport. Repairs, renovations or improvements authorized by the lease agreement may be commenced without additional approval from the city provided that all applicable construction permits are obtained. Repairs, renovations or improvements not authorized by the lease agreement shall require the prior approval of the city.

(e) Leases nonexclusive. No fixed base operator lease shall be exclusive in nature.

(f) Review and reevaluation of lease rental. After the initial five (5) years of the lease agreement, base rent shall be adjusted on an annual basis in accordance with the annual change in the consumer price index, said adjustment not exceeding the Federal Aviation Administration's general aviation growth figure for the previous year.

(g) Payment of rents and other fees. All fixed base operator lease agreements shall state the date upon which any payments are due and shall contain provisions for assessment of penalties for late payments.

(h) Personnel. All fixed base operators shall have personnel on full-time duty during normal business hours of 9:00 a.m. to 5:00 p.m. every day of the week. These are normal hours of operation, and, if economically justified, these hours may be expanded at the option of the fixed base operator or reduced with the approval of the city manager following the recommendation of the airport authority. Any holidays or other deviations from this requirement must be approved by the city manager. No personnel shall consume alcoholic beverages while on duty.

(i) Assignation of lease. Property within the fixed base operator's use area may be sublet for aeronautical uses authorized by the fixed base operator's lease agreement without additional approval by the city. Any subuser shall meet all the requirements applicable to the fixed base operator and the granting of the subuse agreement shall not release the fixed base operator from any liability or responsibility under the terms of the fixed base operator's lease agreement. The fixed base operator shall be responsible for the performance of the subuser. Property within the fixed base operator's use area may not be sublet for non-aeronautical uses or for aeronautical uses not authorized by the fixed base operator's lease agreement without the prior approval of the city and compliance with section 3-32

(j) Records. All business records upon which the lease rental payment is based shall be opened to the inspection and audit by the city's finance director.

(k) Concessions, sales and services. Any concessions or other sales or services not stipulated in the lease agreement or the terms of this chapter shall be subject to the written approval of the city manager.

(l) Application for operation; required information. Any person, firm or corporation desiring to have a fixed base operation at the city airport must file an application with the city manager. The application must contain a financial statement of each individual affiliated with the proposed operation, a record of any insolvency or bankruptcy proceedings in past business dealings, a statement of years experience as a fixed base operator, at least four (4) personal references and specific aeronautical qualifications.

(m) Insolvency and bankruptcy. In the event of insolvency, voluntary or involuntary bankruptcy, or an arrangement for creditors of any fixed base operator, any lease entered into between the city and such operator shall be null and void immediately upon the occurrence of such insolvency, bankruptcy or arrangement.

(n) Charges for sales and services. All charges for sales and services shall be reasonable.

(o) Termination of lease. In the event any fixed base operator, or a principal or agent of a corporate fixed base operator, engages in illegal activity relating to his association with the airport, said conduct shall be grounds for immediate termination of the fixed base operator's lease with the city.

(p) Transfer of ownership. The majority ownership of a fixed base operation may not be transferred without the written consent of the city, and such consent shall not be unreasonably withheld.

(Code 1962, § 2½-4; Ord. No. 95-43, § 1, 12-8-95; Ord. No. 96-02, § 2, 3-5-96; Ord. No. 2010-29, § 1, 11-16-10)

Cross reference

Airport advisory committee, § 2-41 et seq.