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County Administrator's Report 10. 6.

BCC Regular Meeting

Technical/Public Service Consent

Meeting Date:	09/01/2016
Issue: Airspace Agreement with State of Florida Department of Transportation
From:	Amy Lovoy
Department:	Asst County Administrator
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Airspace Agreement with the Florida Department of Transportation - Amy Lovoy, Assistant County Administrator

That the Board approve and authorize the Chairman to sign an Airspace Agreement and the Addendum to Airspace Agreement between Escambia County and the State of Florida Department of Transportation, for the F9F-8 "Cougar" aircraft display on the grounds of the Interstate 10 Welcome Station located west of Pensacola, with an effective date of September 1, 2016, for a term of 20 years. The referenced airspace is above the approximately 4,030 square feet the display utilizes.

WARNING: The scope of the County Attorney's review and approval does not include the indemnity provisions in this document. The County Attorney advises against agreeing to indemnify another party because it would require the County to pay for damages and injuries that the County is not otherwise legally obligated to pay.

BACKGROUND:

Recently, staff from the Florida Department of Transportation office in Chipley contacted County staff regarding a renewal of the previous airspace agreement for the Cougar jet at the westward I-10 welcome center. The FDOT standard agreement was completed and forwarded to Escambia County for approval. The previous agreement was also for 20 years, and was executed in October 1995.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Assistant County Attorney Stephen West approved the Airspace Agreement and its Addendum as to form and legal sufficiency, but the scope of the review does not include to the indemnity provisions found in the document. Attached to this recommendation as additional backup is email correspondence from the County Attorney Office. WARNING: The scope of the County Attorney's review and approval does not include the indemnity provisions in this document. The County Attorney advises against agreeing to indemnify another party because it would require the County to pay for damages and injuries that the County is not otherwise legally obligated to pay.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

Board approval is required for execution of all such documents per Board policy.

IMPLEMENTATION/COORDINATION:

Escambia County staff will continue to coordinate with FDOT regarding these agreements.

Attachments
Airspace Agreement for I-10 Welcome Ctr Jet
Airspace Agreement email fr Steve West re indemnity