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A. General.

1. Leases shall be awarded in the manner provided in Title 2 PCC, Administration.

2. Tenants at the Pierce County Airports, by virtue of such tenancy, shall be legally obligated to the following provisions unless explicitly provided otherwise in a written lease agreement approved and signed by Pierce County:

a. Tenant shall agree to operate the premises leased for the use and benefit of the public.

b. Tenant shall agree to furnish good, prompt, and efficient services adequate to meet all the demands for its service at the Pierce County Airports.

c. Tenant shall agree to furnish said services on a fair, equal, and nondiscriminatory basis to all users thereof.

d. Tenant shall agree to charge fair, reasonable, and non-discriminatory prices for each unit of sale or service, provided that the Tenant may be allowed to make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.

e. Tenant shall agree to not discriminate, and to not allow its agents and employees to discriminate against any person or class of persons by reason of race, color, creed, or national origin in providing any services or in the use of any of its facilities provided for the public, in any manner prohibited by Part 15 of the Federal Aviation Administration Regulations, or in any manner prohibited by Title VI of the Civil Rights Act of 1964.

f. Tenant shall agree to comply with such enforcement procedures as the United States might demand that Pierce County take in order to comply with Pierce County's assurances to the United States.

g. Tenant shall agree that no right or privilege has been granted which would prevent any person, firm, or corporation operating aircraft on the Pierce County Airports from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform.

h. Tenant shall agree that no provision of the lease shall be construed as granting or authorizing the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act.

i. Pierce County shall reserve the right to further develop or improve the aviation facilities of the Pierce County Airports as it sees fit, regardless of the desires or view of Tenant, and without interference or hindrance.

j. Pierce County shall reserve the right, but shall not be obligated to Tenant, to maintain and keep in repair the landing area of the Pierce County Airports and all publicly owned facilities of the Pierce County Airports together with the right to direct and control all activities of Tenant in this regard.

k. Tenant shall agree that during time of war or national emergency, Pierce County shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of the lease agreement with Tenant insofar as they are inconsistent with the provisions of the lease to the Government shall be suspended.

l. Pierce County shall reserve the right to take any action it considers necessary to protect the aerial approaches to the Pierce County Airports against obstruction, together with the right to prevent Tenant from erecting, or permitting to be erected, any building or other structure on or adjacent to the Pierce County Airports, which in the sole opinion of Pierce County, would limit the usefulness of the Pierce County Airports or constitute a hazard to aircraft.

m. Tenant shall agree that the lease shall be subordinate to the provisions of any existing or future agreement between Pierce County and the United States, relative to the operation or maintenance of the Pierce County Airports, 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 Pierce County Airports.

n. Tenant shall agree to abide by the AR&R, and that the AR&R, and any future revision thereto, shall be a part of the lease.

o. Tenant shall agree that Pierce County retains the right of public flight for the passage of aircraft in the airspace above all the surface of the Pierce County Airports, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used for flight.

p. Tenant shall agree to not erect, or allow to be erected, any structure, improvements, or growth in violation of Federal Aviation Administration Federal Air Regulations, Part 77, or Pierce County building, fire, mechanical, plumbing, and health codes.

q. Tenant shall agree to prevent any use of the leased premises which would interfere with landing or taking off of aircraft at the Pierce County Airports, or which would create any interfering or confusing light or cause any restrictions to visibility at the Pierce County Airports, or would otherwise constitute an airport hazard.

r. Tenant shall agree to "hold Pierce County harmless" as required by the Pierce County Finance Department.

s. All commercial lease agreements shall be for a maximum of 20 years, with options to renew as agreed upon, except that longer terms will be authorized when new construction by Tenant is to be amortized.

t. All hangar and tie down leases shall be month-to-month tenancies.

u. All Tenant personnel required to hold Federal Aviation Administration certificates and ratings shall maintain such certificates and ratings current and in good standing.

v. Tenant shall be responsible for strict compliance with all State and Federal Laws pertaining to employees, including, but not limited to, Social Security, Unemployment Compensation, and Wage and Hours.

w. No right, privilege, permit, or license to do business on the Pierce County Airports, or any lease of any area of the Pierce County Airports, shall be assigned, sold, or otherwise transferred or conveyed in whole or in part without the prior written consent of Pierce County. Such consent shall not be unreasonably withheld.

x. There shall be four types of lease agreements utilized at the Pierce County Airports, as follows: Aircraft Tiedown Lease Agreement; Aircraft Hangar Lease Agreement; Commercial Premises Lease Agreement; and Land Lease Agreements. The purposes of the lease agreements are set forth in the forms of the lease agreements on file in the office of the Director. The forms of the lease agreements shall be for guidance only and shall be modified as deemed necessary by Pierce County to accommodate the unique circumstances of a particular lease agreement.

y. All lease agreements shall require that Pierce County be compensated at fair market value for the premises leased. The method and form of such compensation shall be determined by the Executive as long as the compensation is adjusted to monthly payments at fair market value by the end of the first term of the lease agreement.

z. All leases shall be reviewed and compensation for the premises leased shall be adjusted to current fair market value upon such review. Such review and resolution of disagreements to adjustments shall be in accordance with RCW 14.08.120.

aa. In addition to the monthly rental amount and leasehold excise tax set forth in individual leases, all Tenants shall pay a pro-rata share of all governmental fees and/or taxes imposed on the Pierce County Airports. The pro-rata amount shall be calculated by Pierce County based on the nature of the imposed fee.

bb. Tenant shall be responsible for payment of fire benefit charges and all utility charges incurred against the property being leased, including but not limited to power, surface water management fees, sanitary sewer, water, and natural gas.

B. Regulations Adopted. All rules and regulations authorized by RCW 14.08.122 are hereby adopted and incorporated herein by reference.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2014-108s2 § 1 (part), 2015)