Okaloosa County BOCC — April 1, 2014 — Bob Sikes Erosion Control JPA and Resolution — reading text

necessary to ensure local government STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT “C” oA ATION AVIATION PROGRAM ASSURANCES Page 4 of8 adoption of an airport zoning ordinance or interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible and use areas. Consistency with Local Government Plans a. The Agency assures the project is consistent with the currently existing and planned future jand use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the project. c. The Agency will consider and take appropriate actions, if deemed warranted, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. Consistency with Airport Master Plan and Airport Layout Plan a. The Agency assures that any project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Master Plan. b. The Agency assures that this project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Layout Plan (ALP), which shows: (1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) The location of all existing and proposed non-aviation areas on airport property and of all existing improvements thereon. c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d, Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, shail be subject to the approval of the Department. Airport Financial Plan a. The Agency assures that it will develop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. (1) The financial pian shall be a part of the Airport Master Plan. (2) The financial plan shall realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA's priority system. (3) The financial plan shall not include Department funding for projects which are inconsistent with the local government comprehensive plan. b. All project cost estimates contained in the financial plan shall be entered into and kept current in the Joint Automated Capital improvement Program (JACIP) online website. Airport Revenue The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other iocal facilities which are owned or operated by the 10. 11. 12. 13. 14. 15. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 728-040-18 EXHIBIT “C” oatanion AVIATION PROGRAM ASSURANCES Page 5 af 9 owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. Fee and Rental Structure a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the fair market value. c. The Agency assures that property or facility leases for aeronautical purposes shall not exceed a period of 30 years. Public-Private Partnership for Aeronautical Uses a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. Duration of the terms or conditions in Section D11a shall not exceed a period of 30 years. Economic Nondiscrimination a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. (1) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. (2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. Air and Water Quality Standards The Agency assures that in projects involving airport location, major runway extension, or runway location that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. Operations and Maintenance a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public- use airport. (1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. (2) Except in emergency situations, any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department, (3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. Federal Funding Eligibility STATE OF ELORIDA DEPARTMENT OF TRANSPORTATION 7175-040-18 EXHIBIT “¢” og ATION AVIATION PROGRAM ASSURANCES Page 6 of 8 a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. Ineligibility for federal funding of airport projects will render the Agency ineligible for state funding of airport projects. 16. Project Implementation a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this airport project within one year after the effective date of this Agreement. b, The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access 19. 20. 21. a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. Retention of Rights and Interests The agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non airport, without prior written approval by the Department. These assurances shall not limit the Agency's right to lease airport property for airport-compatible purposes. Consultant, Contractor, Scope, and Costs a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed project scope and cost of professional services. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such material available for public review, unless exempt from public disclosure. (1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 Florida Statutes. (2) No material prepared under this Agreement shall be subject to copyright in the United