Legal Aspects of Airport Programs. Legal Considerations General Aviation (GA) Development

General aviation (GA) users that have leases with both commercial service and GA airports include aeronautical service providers (e.g., fixed-base operators (FBOs), flight schools), corporate flight departments and other aircraft owners, and other users (e.g., cargo, charter, and fuel farms). Common issues that arise in drafting and negotiating lease agreements for GA development include the following: standards for new construction, term, rent and fees, financing, escalation, maintenance, turnback standards, sublease and assignment, operating restrictions, environmental compliance, access, use for nonaeronautical purposes, insurance and indemnity, change in law, default and remedies, and subordination. The objective of this research is to prepare a Legal Research Digest (LRD) that is readable and accessible to airport managers, attorneys, and prospective tenants on the developing and leasing of airport property for GA users at airports of different types and sizes. The required elements of the digest include the following: short background on relevant legal issues (e.g., airport owner’s authority to contract, application of FAA Grant Assurances, and relationship to existing leases); inventory of issues that commonly arise in the drafting, negotiation, and administration of GA leases (presented as a checklist, table of contents and/or heads of terms); exemplar lease provisions where such models are available; and key differences in lease terms based on the type of agreement and user. The successful proposer will be responsible for presenting an outline and approach for organizing these subjects in a user-friendly and logical manner. This research will be conducted in two phases and four tasks in a firm fixed-price agreement. At the conclusion of Phase I, ACRP will make a determination whether to proceed with Phase II. The tasks will be as follows: Phase I Task 1a. Kick-off call.  Participate in a call with the panel to discuss the scope of work. Task 1b. Conduct background research and collect relevant material. Based on the initial but complete review of the source materials, submit a detailed report outline. The outline should contain sufficient detail to describe what a report of appropriate length will contain. This outline should also contain the estimated pagination for each proposed section and/or subsection. This material will be submitted for ACRP consideration and approval. Participate in a conference call with the ACRP panel 3 weeks after submission of the outline. Phase II Task 2. After ACRP approval of the detailed outline, conduct additional research, and case and statutory/regulatory analysis. Collect additional primary data to the extent necessary. Task 3. Submit an initial draft report in accordance with the approved outline (including any modification required by ACRP). Participate in a conference call with the ACRP panel 3 weeks after submission of the initial draft report. Task 4. Revise the initial report as necessary and provide a red-line and clean version of the draft final report (DFR). The ACRP will provide written comments, each of which will need a point-by-point response. The report will be revised as appropriate and submitted as the final report.

Language

  • English

Project

  • Status: Active
  • Funding: $75000
  • Contract Numbers:

    Project 11-01, Topic 12-02

  • Sponsor Organizations:

    Airport Cooperative Research Program

    Transportation Research Board
    500 Fifth Street, NW
    Washington, DC    20001

    Federal Aviation Administration

    490 L'Enfant Plaza, SW
    Washington, DC    20024
  • Project Managers:

    Schatz, Theresia

  • Start Date: 20210713
  • Expected Completion Date: 0
  • Actual Completion Date: 0

Subject/Index Terms

Filing Info

  • Accession Number: 01767982
  • Record Type: Research project
  • Source Agency: Transportation Research Board
  • Contract Numbers: Project 11-01, Topic 12-02
  • Files: TRB, RIP
  • Created Date: Mar 22 2021 3:13PM