Okaloosa County BOCC — December 31, 2012 — reading text

related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) 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. 11. 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 011 a shall not exceed a period of 30 years. 12. 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. 13. 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. 14. 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. 15. Federal Funding Eligibility Packet Pg. 211  6.7.b.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725410·15 AVIATION EXHIBIT "C" OGC·03109 Page 6 019 AVIATION PROGRAM ASSURANCES 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. Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) 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 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. 19. 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. 20. 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. 21. 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 States or any other country. Packet Pg. 212  6.7.b.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-1)40-15 AVIATION EXHIBIT "C" OGG -03/09 Page 7 019 AVIATION PROGRAM ASSURANCES d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) airport and the Agency will comply with the Department airport master planning guidebook, including: (1) Provide copies, in electronic and editable format, of final project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. (2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall realistically assess project phasing considering availability of state and local funding and federal funding under the FAA's priority system. (3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program (JACIP). f. The Agency understands and agrees that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any