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6/24/75 AC 150/5300-4B <br />costs of the public landing area is sought through an indirect form <br />of revenue based on a sliding scale formula which will yield a <br />return that varies in approximate proportion to the amount of use <br />derived from the public landing area. A good example of this type <br />of revenue would be a fuel flowage charge on all gasoline delivered <br />at the airport or a payment expressed as a percentage of the gross <br />volume of business done by tenant firms which provide supporting <br />services. The level of such a flowage charge or the amount of the <br />percentage is a matter for negotiation. Since such a revenue is <br />intended to recover a user charge for public facilities, it is in <br />addition to any rental payment that might be negotiated for the use <br />of specific premises to be exclusively occupied at the airport for <br />the conduct of a proprietary business. <br />70. AIRPORT LEASES. <br />a. The arrangements between a public agency/airport owner and those <br />private agencies seeking to offer commodities and services at the <br />airport are usually expressed in a contract. Since most of these <br />contracts involve the right to occupy and use designated premises, <br />they will generally be in the form of a lease. As in any such <br />agreement the rental payments, terms of occupancy, privileges <br />granted, obligations assumed, and other considerations are a matter <br />of bargaining and negotiation between the parties. There are, <br />however, some general principles peculiar to the airport environment <br />which should be given careful consideration. <br />b. If the prospective tenant contemplates a substantial capital invest- <br />ment in hangars, fuel storage equipment, machinery, and store <br />fixtures, etc., he will seek a relatively long term lease in order <br />to be able to amortize his investment. It is to the advantage of <br />the airport owner to encourage such private development and to <br />offer sufficient tenure to induce it. On the other hand, aviation <br />is dynamic and most airports evolve and expand much faster than <br />anticipated. Chapter 5 outlined certain planning considerations <br />for acquiring airport land. If within the first few years following <br />the acquisition or construction of an airport the needs of <br />commercial tenants require the occupancy of all available building <br />areas, the planning for land use must be considered deficient. <br />Therefore, in leasing airport property to commercial tenants,it <br />would be well to avoid leasing more area than is reasonably required. <br />Similarly the granting of options (to lease land not yet needed) <br />may well turn out to be the most regretted concession made during <br />the initial negotiations. <br />c. A commercial tenant when contemplating a substantial investment at <br />an airport will naturally seek some form of protection from compe- <br />tition. The airport owner in fact may be under considerable <br />pressure during the negotiations to lease airport premises under <br />Chap 13 <br />Par 69 <br />Page 81 <br />
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