§ 8-18. Rights reserved.

In addition to the following rights and privileges, the county reserves the rights and privileges outlined under federal and/or state airport assurances as such rights and privileges may be amended from time to time:

(1)

The county reserves and retains the right for the use of the airport by others who may desire to use the same pursuant to applicable regulatory measures pertaining to such use.

(2)

The county further reserves the right to designate specific airport areas for activities in accordance with the currently adopted airport layout plan (ALP) as may be amended from time to time. Such designation shall give consideration to the nature and extent of current and/or future activities and the land and/or improvements that may be available and/or used for specific activities and shall be consistent with the safe, orderly, and efficient use of the airport.

(3)

The ALP reflects an agreement with the FAA regarding the proposed allocation of airport land and/or improvements to specific uses and/or development. It is the policy of the county that any use, occupancy, construction, or modification of land and/or improvements that is inconsistent with the ALP is undesirable. Any development that is substantially different than that depicted on the ALP could adversely affect the safe, orderly, or efficient use of the airport. While the county may consider making application to the FAA for approval of the revision of the ALP on behalf of an applicant, nothing contained in these primary guiding documents shall require or obligate the county to make such application.

(4)

The county reserves the right to develop and make any improvements and/or repairs at (or to) the airport that it deems necessary. Except in the event of emergency improvement and/or repairs, the county will provide advance notice of the date and time that such development, improvements, and/or repairs will be made. The county shall not be obligated to reimburse or compensate any operator, sublessee, or other entity for any expense incurred or loss of revenue (or inconvenience) that may result from such development, improvement, and/or repair.

(5)

The county reserves the right to prohibit any entity from using the airport or engaging in activities at the airport (and/or revoke or suspend any privileges granted to any entity) upon determination by the county that such operator has not complied with the primary guiding documents, applicable regulatory measures, directives issued by the county, or has otherwise jeopardized the safety of entities utilizing the airport or the land and/or improvements located at the airport.

(6)

The county reserves the right to lease the airport or portions thereof during war or national emergency to the United States government for military use. If such lease is executed, the provisions of such lease, including, without limitation, the county's obligations and the operator's obligations, to the extent they are inconsistent with said lease, shall be suspended.

(7)

The county will not enter into an agreement that will require the county to relinquish the right to take any action the county considers necessary to protect the aerial approaches of the airport against obstruction or to prevent an entity from erecting or permitting to be erected any facility or other structure which might limit the usefulness of the airport or constitute a hazard to aircraft.

(8)

The county will not enter into an agreement that requires the county to waive any sovereign, governmental, or other immunity to which the county may be entitled nor shall any provision of any agreement be so construed or that would require the county to submit to the laws of any state other than those of the state.

(9)

The county is under no obligation to provide financing and/or make any improvements to airport land and/or improvements to facilitate any development proposed by an applicant.

(10)

While the county may choose to pursue federal, state, or other available funds to contribute to the development, the county is under no obligation to do so. In addition, the county is under no obligation to provide matching funds if required to secure such funding.

(11)

The county reserves the right to take such actions as it may deem necessary, appropriate, and/or in the best interest of the county to preserve the assets of the county, protect the safety of the people who work at and use the airport, and maintain the integrity of the county's mission (purpose), vision, and values.

(Code 1982, § 1-2.3-34; Ord. No. 07-051, pt. B, 12-4-2007)