THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTIONS.
The proposed actions as part of this Board item will approve waivers of sections of Chapter 39 of the Administrative Code regarding term of an agreement and rent payment at FLL (Motions A and B), approve the Permit Agreement with FDOT (Motion C), and authorize the Director of Aviation to execute future amendments to the Permit Agreement (Motion D).
FDOT owns certain property shown in Exhibit A of the Permit Agreement (Exhibit 2), and has requested access to certain property owned by Broward County ("County") shown in Exhibit B of the Permit Agreement ("Airport Property"). Such access is necessary to enable FDOT to construct, operate, and maintain upgrades to certain facilities on FDOT property.
Motion A
Chapter 39, Fees And Other Charges, Aviation, Section 39.3(b)(1) of the Administrative Code imposes a limit of 10 years for leases of existing facilities. The waiver of this requirement is necessary since access to FDOT facilities by FDOT is needed for a period longer than 10 years and exceeding 30 years. The parties agree that the Permit Agreement will remain in effect for as long as required by FDOT to provide ingress and egress to the FDOT Property. However, County may terminate the Permit Agreement with advance notice at its sole discretion.
Motion B
Chapter 39, Fees And Other Charges, Aviation, Section 39.3(b)(2) of the Administrative Code requires market rent for leased premises. The request to waive this section of the Administrative Code is appropriate since there will be no occupation of the premises contemplated by the Permit Agreement. The sole purpose of the Permit Agreement is to authorize access to FDOT to build, operate, and maintain its facilities related to the I-95 expansion.
Motion C
Chapter 2, Section 2-40 (a) of the Broward County Code of Ordinances, requires that the Board authorize any commercial activities or occupation of any portion of the airport. The proposed Permit Agreement authorizes FDOT to access the Airport Property; therefore, the Board’s approval is required.
The proposed Permit Agreement is limited to the Airport Property, and it is not applicable to, nor does it modify, any other agreement that FDOT may have with County.
The Permit Agreement has been reviewed by the County Risk Management Division and approved as to form by the Office of the County Attorney.
Motion D
Chapter 2, Section 2-40 (a) of the Broward County Code of Ordinances, requires that the Board authorize any commercial activities or occupation of any portion of FLL. Given the nature of the Permit Agreement, a Board’s action authorizing the Director of Aviation to execute amendments to the Permit Agreement, subject to approval as to legal sufficiency, is being respectfully requested. In the event that access to the FDOT Property through the Airport Property is no longer feasible, the permit area may be relocated or the agreement may be terminated by the Director of Aviation.
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