Res 1997-161 - Laserfiche WebLink

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VOL 184 PAGE 550 VIII. Lessor's Authority A Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstructions and additionally to limit the Lessee from erecting or permitting to be erected any building or structure on the airport and on the Leased Premises that would limit the usefulness of the airport in Lessor's opinion or that would constitute a hazard to aircraft. B. Lessor reserves the right to further develop the airport as it sees fit regardless of the desires of the Lessee, and without any hindrance or interference from Lessee. C. Lessor reserves the right to operate the airport in accordance with its obligations to the federal or state government under any of the a.greements for which aid for development has been received; however, if the operation restricts the operations of Lessee on the Leased Premises, the rents shall be adjusted equitably during the unexpired portion of this Amendment. IX. Policy Of Non-Discrimination A. Lessee agrees that no right or privilege has been granted which would op.erate to prevent any person, firm or corporation operating aircraft at airport from performing any service on its own (including, but not limited to, refueling of aircraft) that it may choose to perform. It is understood and agreed that nothing contained in this Amendment shall be construed to grant or authorize the granting of an exclusive right for exercising an aeronautical activity, nor to conduct any activity which is discriminatory, and Lessee specifically agrees to operate a non-discriminatory operation. Lessor expressly reserves the right to grant to others additional leases and privileges with respect to the airport, even though the purposes for which the additional leases are given are the same and duplicate those contained in this Amendment. B. The right to conduct aeronautical activities for furnishing services to the public at the San Marcos Airport is granted Lessee subject to Lessee agreeing to the following: (1) to furnish the services on a fair, equal and not unjustly discriminatory basis to all users, and (2) to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. C. The Lessee for himself, his personal representatives, successors in interest, agents and assigns, as a part of the consideration, does covenant and agrees a.s a covenant running with the land that: (1) no person on the ground of race, color, disability, or national origin shall be .excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the facilities; (2) that in the construction of any improvements on, over, or under such land and the fumishing of services thereon, no person on the grounds of race, color, disability, or nati.onal origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that the Lessee shall use the premises in compliance with aU other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation and the American With Disabilities Act, as amended throughout this Lease term. D. The Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The Lessee assures that in compliance with the Americans With Disabilities Act, no qualified person with a disability shall be excluded from employment activities. The Lessee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered. The Lessee shall require that all suborganizations provide assurances to the Lessee that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. 4