|
<br />..
<br />
<br />.
<br />
<br />e
<br />
<br />rental and sightseeing, aerial photography, crop dusting. aerial advertising and s~rveying, air carrier
<br />operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in
<br />conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and
<br />any other activities which because of their direct relationship to the operation of aircraft can be regarded
<br />as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical
<br />activity now existing at such an airport before the grant of any assistance under the Airport and Airway
<br />Improvement Act.
<br />
<br />11. Airport Operation and Maintenance. It will suitably operate and maintain the airport and all facilities
<br />thereon or connected therewith, with due regard to climatic and flood conditions.
<br />
<br />It will operate and maintai,. in a safe and serviceable condition and in accordance with the minimum standar4s
<br />as may be required or presc,'ibed by the applicable Federal, state, and local agencies for the maintenance and
<br />operation, the airport and all facilities which are necessary to serve the aeronautical users of the airport
<br />other than facilities owned or controlled by the United States, and will not permit any actiVity thereon
<br />which would interfere with its use for airport purposes; provided, that nothing contained herein shall be
<br />construed to require that the airport be operated for aeronautical use during temporary periods when snow,
<br />flood, or other climatic cor~itions interfere with such operation and maintenance; and provided further, that
<br />nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any
<br />structure or facility which is substantially damaged or destroyed due to an act of God or other condition or
<br />circumstances beyond the control of the sponsor. In furtherance of this covenant, the sponsor will have in
<br />effect at all times arrangements for--
<br />
<br />a. Operating the airport's aeronautical facilities whenever required;
<br />
<br />b. Promptly marking and lighting hazards resulting from airport conditions, inclUding temporary conditions;
<br />and
<br />
<br />c. Promptly notifying airmen of any condition affecting aeronautical use of the airport.
<br />
<br />12. Hazard Removal and Mitigation. It will adequately clear and protect the aerial approaches to the airport by
<br />remOVing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by
<br />preventing t~e establishment or creation of future airport hazards.
<br />
<br />13. Compatible Land Use. It will take appropri~te action, including the adoption of zoning laws, to the extent
<br />reasonable, to restrict, the use of land adjacent to or in the immediate ViCinity of the airport to activities
<br />and purposes compatible with normal airport operations, including landing and takeoff of aircraft.
<br />
<br />14. Use by Government Aircraft. It will make available all of the facilities of the airport developed with
<br />Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States
<br />for use ~y Government aircraft in common with other aircraft at all times without charge, except, if,the use
<br />by Government aircraft is substantial, Charge may be made for a reasonable share, proportional to such use,
<br />for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,
<br />or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government
<br />aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the
<br />opinion of th~ Secretary, would unduly interfere with use of the landing areas by other authorized aircraft,
<br />or during anY,calendar month that--
<br />
<br />a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
<br />
<br />b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or
<br />more, or the gross accumulative weight of Government aircraft using the airport (the total movements of
<br />Government aircraft multiplied b.Y gross weights of such aircraft) is in excess of five million pounds.
<br />
<br />15. Land for Federal Facilities. It will furnish without cost to the Federal Government for construction,
<br />operation and maintenance of facilities for, and uses in connection with, any air traffic control or air
<br />nav1gation activities, or weather reporting and communication activities related ~o air traffic control. any
<br />areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers
<br />necessary or desirable for construction at Federal expense of space or facilities for such purposes. Such
<br />areas or any portion thereof will be made available as proVided herein within 4 months after receipt of
<br />written requests from the Secretary.
<br />
<br />16. Standard AccountinK Systems. It will keep all,project accounts and records in accordance with a standard
<br />system of accounting prescribed b.Y the Secretary.
<br />
<br />17. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services being
<br />provided the airport users which 'will make the airport as self-sustaining as possible under the circumstances
<br />existing at that particular alrport, taklng Into account such factors as the volume of traffic and economy of
<br />cOllectlon, except that no part of the Federal share of an airport development or airport planning project
<br />for which a grant is made under thls tltle or under the Federal Airport Act or the Airport and Airway
<br />Development Act of 1970 shall be Included In the rate base in establlshing fees, rates, and charges for users
<br />of that airport.
<br />
<br />FAA Fol"III 5100-100 (11-82) Development
<br />
<br />Page 8
<br />
|