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• <br /> OR BK 5498 PG 1940 <br /> INTRODUCTION 5 of 37 <br /> The use and leasing of public airport facilities is a complex process in which <br /> consideration must be given to compliance with various federal and state policies <br /> and requirements. Various federal documents provide guidance and compliance <br /> requirements for using and leasing airport facilities, including: <br /> ❑ FAA Federal Grant Assurances <br /> o FAA Order 5190.6A, Airport Compliance Requirements <br /> o FAA AC Order 5100.38A , Airport Improvement Program <br /> Handbook <br /> o FAA AC 150/5190-5, Exclusive Rights and Minimum Standards <br /> for Commercial Aeronautical Activities (contained in Appendix <br /> A) <br /> o Florida State Statutes 330-333. <br /> These documents, and any other related federal, state, and local documentation, should be <br /> consulted during the process of negotiating aviation agreements. Additionally, local legal <br /> counsel should review any legally binding agreement prior to execution. <br /> Airport operators have found that the best method of ensuring fairness, consistency, and <br /> compliance in the leasing of airport facilities is through development of three key instruments, <br /> which are: <br /> o An effective local lease policy <br /> o Minimum Standards for Commercial Aeronautical Activities <br /> o An effective lease agreement. <br /> Minimum Standards are defined by the FAA as the qualifications which may be established <br /> by an airport owner as the minimum requirements to be met as a condition for the right to <br /> conduct an aeronautical activity on the airport. Accordingly, minimum standards should <br /> provide a fair and reasonable opportunity, without unlawful discrimination, to all applicants to <br /> qualify, or otherwise compete, to occupy available airport land and/or improvements and <br /> engage in authorized aeronautical activities. In essence, minimum standards establish base <br /> line, or"minimum", requirements and qualifications to ensure a safe and specified level of <br /> service for the community, as well as fairness and consistency in the leasing of airport <br /> facilities. <br />