14.10.060 Leases and tenant operations.
(A) Condition of Tenancy. All tenants at the Show Low Regional Airport must acknowledge through their lease or operating agreement that they will comply with these rules and regulations and appropriate minimum standards as a condition of tenancy. Tenants are prohibited from leasing or subleasing, selling or assignment of the lease of any premises located on airport-owned real estate, without the prior written approval of the city.
(1) Damage. Tenants and lessees, in addition to any terms that may be contained in their lease agreement, shall be fully responsible for all damages to buildings, equipment, real property, appurtenances, or other improvements in the ownership or custody of the Show Low Regional Airport, caused in whole, or in part, by their employees, agents, customers, visitors, suppliers, or persons with whom they may do business.
(2) Architectural Guidelines. All facilities developed on the airport shall conform to the airport’s hangar architectural development standards, the airport master plan, and sign controls.
(3) Employees. Tenants are responsible for training their employees on these rules and regulations, applicable minimum standards, and applicable portions of the tenant lease agreement.
(4) Floor Care. Each person to whom space on the airport is leased, assigned, or made available for use, shall keep the space free and clear of oil, grease, or other foreign materials that could cause a fire hazard or other unsafe condition, or damage to the flooring material.
(5) Free of Debris. Tenants shall keep hangars, shops, offices, other buildings, and areas adjacent thereto free of waste material, rubbish, junk, landscaping litter and flammable material.
(6) Aircraft Hangar. Aircraft storage hangars shall be primarily (over fifty (50) percent) used for aircraft storage purposes. No commercial activities shall be performed in noncommercial storage hangars. Construction and/or establishment of habitable space, as defined by the International Building Code, in noncommercial hangars is prohibited. This shall not be construed as prohibiting pilot lounges which meet the definition of occupiable space as contained in the International Building Code. Incidental storage shall comply with all applicable codes.
(7) Marking of Paved Areas. No surface painting or marking of any paved area on airport property shall be permitted without written permission of the airport manager.
(8) Preservation of Property. No person or tenant shall destroy, injure, deface, or disturb any building, sign, or other structure, tree, lawn, or other property on the airport; nor alter, make additions to, or erect any building or sign or make any excavations on the airport without the appropriate permits and the approval of the airport manager.
(9) Washing aircraft parts shall only be allowed in approved self-contained units.
(10) Storage and Equipment. No tenant or lessee of a hangar, shop facility, or other operational area specified by the airport manager on the airport shall store or stack equipment or material in a manner to be unsightly, or constitute a hazard to persons or property.
(11) Structural and Decorative Changes. Structural and decorative changes to any building, ramp, or other structure on the airport require written approval of the airport manager and must comply with local building codes and inspections and, for hangars, the airport hangar development standards.
(12) Trash Containers. All exterior trash receptacles on the airport shall be sufficiently covered to prevent the inadvertent discharge of trash onto the airport.
(B) Administrative.
(1) No person shall occupy or rent space, carry on any business, commercial operations or other form of revenue-producing activity based on the airport without first obtaining a written contract, operating agreement, lease agreement or permit, authorizing such activity.
(2) Any permission granted by the airport manager under these rules and regulations is conditioned upon adherence to the minimum standards and such administrative procedures as may be required by the airport manager for the purpose of regulating activity at the airport. The airport minimum standards shall be met and maintained at all times by any individual, group of persons, business, or enterprise desiring to provide commercial services or commodities at Show Low Regional Airport.
(3) The city manager or designee shall enforce the provisions of this chapter and is hereby authorized and directed to make inspections in the normal course of job duties; or in response to a complaint that an alleged violation of the provisions of this chapter may exist; or when there is a reason to believe that a violation of this chapter has been or is being committed.
(4) The city manager or designee may enter onto any property, or into any building or premises at all reasonable times and with reasonable notice to inspect or to perform the duties imposed by this chapter; provided, that if such property, building or premises is occupied, the city representative shall present credentials to the occupant and request entry. If such property, building or premises is unoccupied, the city manager, or designee, has recourse to every remedy provided by law to secure entry.
(C) Multi-Hangar Leases.
(1) Multi-hangar leases will be permitted under the following conditions:
(a) A legal survey must be performed providing a legal description for all multi-hangar spaces.
(b) Lessees must be members of the hangar association managing their multi-hangar spaces.
(c) Lessees will be required to abide by the current and future Airport Rules and Regulations.
(d) Lessees must maintain individual liability insurance as required by the Airport Rules and Regulations.
(e) Lessees’ contact information (including name, address, and telephone number) must be included in their lease.
(f) The city reserves the right to review the covenants, conditions, and restrictions (CC&Rs) of the associations to verify that they comply with the Airport Rules and Regulations.
(g) Lessees must comply with the city’s building codes.
(h) The city agrees to assign a landlord agreement provision to each multi-hangar ground lease, including a “consent to assignment” provision to accommodate a lender, bank, or equity mortgagor to take over the ground lease in the event an owner defaults on his mortgage with said lender, bank, or equity mortgagor. This provision will be approved by the city manager if the lender, bank, or equity mortgagor agrees to abide by the city’s original ground lease terms, timetables, and dates. This provision acknowledges and approves a “lender’s consent to assignment.”
(2) Regulations for associations managing multi-hangar spaces are:
(a) The association must carry general liability insurance in the amount of two million dollars ($2,000,000.00), naming the city as an additional insured.
(b) All city utilities must be paid directly by the association.
(c) Any common area must be maintained by the association.
(d) The association will provide parking for tenants and manage all parking spots.
(e) Any and all building and property maintenance needed will be paid by the association. (Ord. No. 2008-02, § 1, 3-4-08; Ord. No. 2009-14, 9-15-09; Ord. No. 2009-18, 12-1-09; Ord. No. 2011-08, 6-21-11. 1976 Code § 16-3-6)