Below are the first 10 and last 10 pages of uncorrected machine-read text (when available) of this chapter, followed by the top 30 algorithmically extracted key phrases from the chapter as a whole.
Intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text on the opening pages of each chapter.
Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.
Do not use for reproduction, copying, pasting, or reading; exclusively for search engines.
OCR for page 69
Non-Aviation Development 69
9.1.6 Solicitation Process
Airports vary in their approach to soliciting developers. Some airports are required by local
statute or policy to undertake a formal solicitation process, typically a Request for Proposals.
Those not so required report being more likely to use a formalized process when seeking a mas-
ter developer or when they believe there to be multiple developers interested in the transaction.
Whether or not they use a formalized process, successful airports report value in continuingly
marketing their opportunities and have established website pages on their airport websites as
recent additions to their marketing profile. They have developed standard leases negotiated with
individual developers on a first-come-first served basis. Again, the development of standard lease
forms has been an evolutionary process for most airports as their market players, developers,
lenders and tenants, and staffs and governing bodies gain confidence and understanding.
9.1.7 Site Development Standards
The agreement should contain specifications for the review of designs by the airport and
adherence to airport design standards--as may be modified for the commercial use.
The lease should also require compliance with the notice and review process of Part 77 and a
requirement to comply with any recommendations by the FAA in order to avoid the obstruction
of air space.
9.1.8 Environmental Provisions
Airports must comply with federal, state, and local environmental laws and regulations and
must incorporate requirements in their development leases. Although specific provisions vary
by locale, common to any development lease are provisions to require baseline and concluding
assessments, the right of the owner to inspect for environmental compliance during the lease
term, inspections by the owner and to outline responsibilities for indemnification, liability and
insurance.
See CRP-CD-81 (enclosed herein), Appendix to Chapter 9, Non-Aviation Development, for
excerpts from the DFW and MIA Development Agreement for example of comprehensive envi-
ronmental provisions.
9.2 M/W/D/BE Participation
Airports have included requirements for participation in development projects by minority,
woman and/or disadvantaged business enterprises. This participation may be in the form of
the purchase of areas of goods and services or more conventional requirements with respect to
construction.
See CRP-CD-81 (enclosed herein), Appendix to Chapter 9, Non-Aviation Development, for
excerpts from the DFW and PIT Development Agreements for example of provisions relating to
minority and disadvantaged business enterprise participation.
9.3 FAA Compliance
Finally, airports are required under the Airport Compliance Handbook--FAA Order
5190.6A-AGL600 to include provisions in their ground leases for the lessee to acknowledge
that the airport's purpose is primarily that of accommodating civil aviation and, as such, the
OCR for page 70
70 Guidebook for Developing and Managing Airport Contracts
lessee's rights to use the property for the (non-aviation) purposes set forth in the lease are sub-
ordinate to and must not interfere with that primary purpose. The agreement should also reserve
the airport's right to further develop or improve the landing areas of the airport as it sees fit with-
out obligation to maintain and repair any particular portion of the facilities and aviation right-of-
ways and otherwise preserve the airport's right of flight for the passage of aircraft in the airspace
above the surface of the leased premises.
Lessee must agree not to use the leased premises in a manner that interferes with the landing
and taking off of aircraft.
See CRP-CD-81 (enclosed herein), Appendix to Chapter 9, Non-Aviation Development, for
excerpts from the PIT and MIA Development Agreements for examples of provisions requiring
compliance with FAA requirements for leases.
