Okaloosa County BOCC — September 16, 2014 — PFC Resolution and Assurances — reading text

such facilities. Competitive Access It agrees that any lease or use agreements between the public agency and any air carrier or foreign air carrier for any facility financed in whole or in part with revenue derived from a passenger facility charge will contain a provision that permits the public agency to terminate the lease or use agreement if: (a) the air carrier or foreign air carrier has an exclusive lease or use agreement for existing . facilities at the Airport; and (b) any portion of its existing exclusive use facilities is not fully utilized and is not made available for use by potentially competing air carriers or foreign air carriers. Rates, fees and charges (a) It will not treat PFC revenue as Airport revenue for the purpose of establishing a rate, fee, or charge pursuant to a contract with an air carrier or foreign air carrier. (b) It will not include in its rate base by means of depreciation, amortization, or any other method, that portion of the capital cost of a project paid for by PFC revenue for the purpose of establishing a rate, fee, or charge pursuant to a contract with an air carrier or foreign air carrier, (c) Notwithstanding the limitation provided in subparagraph (b), with respect to a project for terminal development, gates and related areas, or a facility occupied or used by one or more air carriers or foreign air carriers on an exclusive or preferential basis, the rates, fees, and charges payable by such carriers that use such facilities will be no less than the rates, fees, and charges paid by such carriers using similar facilities at the Airport that were not financed by PFC revenue. Standards and specifications It will carry out the project in accordance with FAA airport design, construction and equipment standards and specifications contained in advisory circulars current on the date of project approval. Application Assurances - 2 of 4 10. Recordkeeping and audit It will maintain an accounting record for audit purposes for a period of three (3) years after completion of the project. All records will satisfy the requirements of 14 CFR Part 158 and will contain documentary evidence for all items of project costs. 11. Reports It will submit reports in accordance with the requirements of 14 CFR Part 158, Subpart D, and as the Administrator may reasonably request. 12, Compliance with 49 U.S.C. 47523 through 47528 It understands 49 U.S.C. 47524 and 47526 require the authority to impose a PFC be terminated if the Administrator determines the public agency has failed to comply with those sections of the United States Code or with the implementing regulations published under the Code. IN WITNESS, THEREOF, I have signed these Assurances on behalf of the Board of County Commissioners, Okaloosa County, Florida, this 16" day of September 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA By: Charles K. Windes, Jr. Chairman ATTEST: Gary J. Stanford, Deputy Clerk of Circuit Court Application Assurances - 3 of 4 BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA CERTIFICATION I, Gary J. Stanford, Deputy, Clerk of Circuit Court, hereby certify that on the day of September 2014, the Board of County Commissioners, Okaloosa County, Florida, by Resolution, authorized and directed the filing of an Application to Impose and Use a Passenger Facility Charge (PFC) ("Application") in the amount of $4.50 per enplaned passenger at the Northwest Florida Regional Airport, authorized its Chairman Kelly Windes to sign the within assurances on behalf of the County, and authorized and directed Sunil Harman, Airports Director, to file said Application on behalf of the County and further authorized and directed said Airports Director to serve as the official representative of Okaloosa County to act in connection with this Application and to implement the PFC program within the Application. A copy of the above Resolution is attached to these Assurances and Certification. Witness my hand this day of September 2014. Gary J. Stanford, Deputy Clerk of Circuit Court Application Assurances - 4 of 4