Okaloosa County BOCC — January 21, 2014 — Interlocal Agreement - Original — reading text

appointed members is present, which, for purposes of this Agreement, is defined to mean a majority of the appointed members where at least two (2) of the members appointed. by the City and two (2) of the members appointed by the County are present. 7. Enforcement of Agreement - - Each party hereto may enforce this Agreement by any legal means whatsoever. 8. Recording and Filing - - This Agreement (and all future amendments hereto, if any) shall be recorded in the Public Records of Okaloosa County, Florida, and filed with the FDOT Aviation, pursuant to Section 333.03(5), Florida Statutes. The City shall file its respective Airport Zoning Regulations (and all future amendments thereto) and related variances decisions with the FDOT Aviation, pursuant to Section 333.03(5), Florida Statutes. ; 9. Amendment and Termination of Agreement - - This Agreement may be amended from time to time, as deemed desirable or necessary, and shall be amended, to the extent required by law; and shall continue until lawfully terminated by mutual agreement. 10. Governing Statutes - - Chapter 333, Florida Statutes, Airport Zoning, and Title 14, CFR, Part 77, Objects Affecting Navigable Airspace, subparts A, B, and C shall be utilized to clarify ambiguities, if any, with regard to relevant aspects of the Agreement, including its scope, use, obstruction standards and definitions. Future amendments to Chapter 333 or Part 77 may also be utilized to clarify ambiguities with respect to the interpretation of this Agreement. 11. Sovereign immunity - - The parties agree that nothing contained herein is intended to, nor shall be construed as, a waiver of the County or City’s rights and immunities under common law or Section 768.28, Florida Statutes, as might be amended from time to time. 12. Construction - - The parties have participated jointly in the negotiation and drafting of this agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this agreement. 13. Notice - - Any official notice or correspondence, copy of correspondence, copy of Application, copy of Airport Master Plan and/or Airport Layout Plan amendment or update, copy of report, request for comment, or other written communication that is required by the terms of this Agreement by either the City or the County shall be provided to the following: To the County: County Airports Director 1701 State Road 85 N. Eglin Air Force Base, Florida 32542-1413 To the City: City Manager 4200 Two Trees Road Destin, Florida 32541 CITY OF DESTIN ATTEST: REY BAILEY, ACTING CITY CLERK CITY OF DESTIN By ee Cy 6 L—~ Rey Bailey, Acting City Cler CRAG BARKER, MAYOR Approved as to form and legal sufficiency eg i an Scott Shirley, City Land ost Attorney Dated this?” wy of F CREA 2007. OKALOOSA COUNTY ATTEST: BOARD OF COUNTY COMMISSIONERS, DON HOWARD, CLERK OKALOOSA COUNTY By: Lr A i a) (PEP. uJ» fp DonloWard, Cletk | DON.R. AMUNDS, CHAIRMAN Dated this.20" tay of Prrarehy 2007. Approved as to form and legal sufficiency: (stomp FA Cpbee Harry F. Chiles, Special County Attorney