Watsonville Municipal Code Art. 2 Permits and Leases

(a) No person may conduct business activity at the airport without a lease or permit.

(b) No person may conduct nonbusiness activity at the airport without a permit.

(c) No event may occur at the airport without an event permit.

(d) No person may store or maintain any aircraft at the airport without an aircraft storage permit or lease from the City.

(e) No lease or permit shall result in the exclusive right to provide an aeronautical service, operation or activity on the airport.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

All leases and permits shall be subordinate to the provisions of any existing or future agreement between the City and the United States regarding the operation and maintenance of the airport, execution of which has been or may be required as a condition to the expenditure of Federal funds for the development of the airport.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

(a) All fixed-base operators shall, individually or in cooperation with other entities at the airport, maintain such hours and/or call-out arrangements so as to adequately service the public demand for such products/services as may be provided.

(b) It is unlawful for any person to engage in any business activity on the airport without a permit, or in case of a leaseholder, a lease approved by the City Council. This prohibition does not apply to:

(1) Aircraft operations in which the flight originates and terminates elsewhere and the airport is used as a temporary stopping place for such purposes as landings, refueling, or other aeronautical service, or the embarking or debarking of passengers, except in the case of charter or air taxi;

(2) Company or corporate-owned aircraft where personnel or products are transported in accordance with FAR 91.501, or are transported free of charge, where the trip is merely incidental to the company’s principal business and not, in itself, a business;

(3) Casual or isolated transactions such as sales by the owner and a person giving occasional flight instruction.

(c) No lease or permit for the exclusive right to provide an aeronautical service, operation or activity on the airport shall be issued or approved.

(d) Nothing herein is intended to prevent persons from selling goods or services authorized under a special event permit.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

(a) Aviation fuel may be sold on the airport only by the City or by a duly permitted fixed-base operator. Nothing in this section shall limit the right of any owner or operator to provide fuel for his/her own aircraft. However, such self-service fueling shall meet all applicable City, State and Federal safety laws and regulations.

(b) No aviation grade fuel shall be brought onto the airport or stored except by fuel dealers with leases or permits approved by resolution of the Council and stored for distribution and resale in accordance with the Watsonville fire code and other applicable laws.

(c) Fueling or defueling an aircraft on the airport while the aircraft’s engine(s) is/are running or while the aircraft is fully enclosed in a hangar or enclosed space shall be performed in accordance with National Fire Protection Association (NFPA) 407, “Standards for Aircraft Fuel Servicing.”

(d) Each person engaged in fueling or defueling on the airport shall exercise care to prevent the overflow of fuel, and shall have readily accessible and adequate fire extinguishers.

(e) During the fueling or defueling of an aircraft, no person shall, within fifty (50') feet of that aircraft, smoke or use any material that is likely to cause a spark or be a source of ignition.

(f) It is unlawful for any person to knowingly start the engine of an aircraft on the airport if there is any aviation fuel or other volatile flammable liquid on the ground beneath it of sufficient quantity to cause a hazard.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

(a) The provisions of this chapter shall be deemed incorporated into every permit, agreement, lease, and sublease.

(b) No tenant, subtenant, or permittee of airport property shall knowingly allow that property to be used or occupied for any purpose prohibited by this chapter.

(c) Violations of the provisions of this chapter or any regulation pursuant to this chapter may result in the revocation or termination of a permit or termination of the lease or sublease.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

The Council shall establish fees and charges for use of the airport and each person or entity shall promptly pay the amount due.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

All fees and charges for the use of the airport facilities, storage, supplies, or other services shall be made before departure from the airport unless otherwise provided in writing.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

(a) It is unlawful for any person to release, spill, pour or otherwise discharge any hazardous material on the airport.

(b) All tenants and permittees who handle, store, transport, or dispose of hazardous materials shall do so in compliance with all applicable laws and regulations and in a manner that does not result in adverse impacts to the environment.

(c) Solid Waste and Recycled Material.

(1) Tenants must manage all solid waste and recyclable material in a manner that is clean, organized, and that does not result in adverse impacts to the environment.

(2) No person shall place, spill, or dump garbage, trash, sewage, refuse, or other waste material on the airport except in a waste receptacle the Airport Manager has approved for that purpose or in a waste receptacle designed and provided for that purpose by a tenant, permittee, or concessionaire on its premises.

(3) It is unlawful for any person to keep uncovered trash containers on the sidewalk or road or in a public area of the airport.

(d) Flammable and Combustible Material. Tenants and permittees shall, if directed by the Airport Manager, have safe and secure storage cabinets to hold hazardous material for proper recycling or disposal. Storage cabinets must be placed at floor level and no higher than six (6') feet. Storage must be approved for and compatible with the stored material. Fuels, propane bottles, and other hazardous material shall not be placed in any waste receptacle, poured down drains, sinks, toilets, storm water drains, or on the ground. These actions will constitute illegal disposal of hazardous waste. The airport will not collect, accept, or dispose of any hazardous material from the airport tenant. The airport is not responsible for waste generated by tenants and/or their customers except for motor oil which may be deposited in an approved manner in an area signed and designated for that purpose.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

The Fire Chief or duly authorized representatives shall, from time to time, inspect all buildings and premises for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread or endanger life or property from fire under the Watsonville fire code. All orders, notices or recommendations shall be complied with or corrected by all persons without delay.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

No person shall reside in a hangar.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

Tenant, in order to protect the City of Watsonville, its City Council, elected and appointed officials, officers, agents, and employees against all claims and expense for death, injury, loss, or damage as a result of tenant’s use of and operations on the premises or in connection therewith, or construction or removal of any improvements on the premises or in connection therewith, shall secure and maintain in force during the entire term of any lease or permit lease and covering all of tenant’s operations and activities on the premises the following insurance:

(a) Aircraft Liability Insurance. Tenant and/or permittee shall procure and maintain for the duration of the lease or permit insurance against claims for injuries to persons or damage to property, which may arise from, or in connection with, tenant’s operation and use of the leased premises. The cost of such insurance shall be borne by tenant.

(b) Liability Insurance. Unless otherwise specified by contract, general liability insurance will be required as follows:

(1) Minimum Insurance Scope. Coverage shall be at least as broad as to include aviation liability insurance coverage and property insurance against all risks of loss to any tenant improvements.

(2) Minimum Limits of Insurance. Tenant shall maintain limits no less than One Million and no/100ths ($1,000,000.00) Dollars per accident for bodily injury or property damage and property insurance for full replacement cost with no co-insurance penalty provision.

(3) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City of Watsonville.

(4) The airport liability coverage shall include, but not be limited to, premises operation, contractual liability insurance (specifically concerning the indemnity provision of the lease), broad form property damage, and personal injury.

(5) An endorsement to policy above naming the landlord, its agents, officers and employees as additional insureds and be primary with respect to insurance or self-insurance programs maintained by City.

(6) Evidence of insurance, in compliance with the requirements of the above, must be furnished to the City Clerk’s office prior to commencement of the term of the lease, by certificate and insurance endorsement in the form as approved by the City.

(7) Cancellation of Insurance. The insurance may not be cancelled or reduced during the period of the lease unless the landlord receives thirty (30) days’ prior written notice of such cancellation or reduction, except that (at the discretion of landlord’s risk manager) the policy may be cancelled with only ten (10) days’ notice for nonpayment of the policy premium.

(8) Insurance Rating. All insurance shall be issued by a company or companies listed on the current Best’s Key Rating Guide publication with a minimum of a A-, VII rating; or in special circumstances, preapproved by the City’s Risk Manager.

(9) Effect of Insurance. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the tenant for liability in excess of such coverage, nor shall it preclude City from taking such other actions as may be available to it under any other provision of this lease or otherwise in law.

(10) Failure to Maintain Insurance Is Condition Subsequent. Failure to maintain all such insurance in effect at all times during the term of any lease or permit shall be material breach of the lease or permit by the tenant and cause for termination of the lease or permit.

(11) Changed Conditions. City reserves the right to annually review and change the forgoing policy coverage limits. As necessary, these insurance provisions may be modified by the City’s Risk Manager.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)