Laserfiche WebLink
09/30/2009 5190.6B <br />Page 12-5 <br />12.6. Agreements Involving an Entire Airport. <br /> <br />a. Contracts to Perform Airport Maintenance or Administrative Functions. The important <br />point in such arrangements is that the sponsor may delegate or contract with an agent of its <br />choice to perform any element of airport maintenance or operation. However, such <br />arrangements in no way relieve the sponsor of its federal obligations. The sponsor has the <br />ultimate responsibility for the management and operation of the airport in accordance with <br />federal obligations and cannot abrogate these responsibilities. When the sponsor elects to rely <br />upon one of its commercial operators or tenants to carry out airport maintenance or operating <br />responsibilities, there is the potential for a conflict of interest and the potential for a violation of <br />the sponsor’s federal obligations. <br />Any agreement conferring such responsibilities on a tenant must contain adequate safeguards to <br />preserve the sponsor's control over the actions of its agent. The agent’s contract should be <br />separate and apart from any other lease or contract with the sponsor that grants property or <br />commercial rights on the airport. <br />b. Total Delegation of Airport Administration. In certain cases, the ADO or regional airports <br />division may be asked to give consideration to entrusting the operation of a publicly owned <br />airport to a management corporation. Whether the document establishing this kind of a <br />relationship is identified as a lease, concession agreement, management contract, or otherwise, it <br />has the effect of placing a third party in a position of substantial control over a public airport that <br />may be subject to a grant agreement or other federal obligation. The ADO or regional airports <br />division should review these agreements carefully to ensure that the rights of the sponsor and <br />other tenants are protected. See paragraph 6.13, Airport Management Agreements, in chapter 6 <br />of this Order, Rights and Powers and Good Title, for a discussion of the requirements applicable <br />to such agreements. <br />c. Resident Agent. The <br />FAA will, at all times, look <br />to the sponsor to ensure the <br />actions of its management <br />corporation contractor <br />conform to the sponsor’s <br />federal obligations. The <br />FAA will consider a <br />management corporation <br />with a lease of the entire <br />airport, or a tenant operator <br />authorized to perform any <br />of the sponsor's <br />management <br />responsibilities, as a <br />resident agent of the <br />airport sponsor and not as <br />a responsible principal. <br /> <br />The sponsor retains the right to develop or improve the airfield and public <br />areas of the airport as it sees fit, regardless of the desires or views of the <br />management corporation and without interference or hindrance of the <br />management corporation. (Photo: FAA)