|
<br />Furth_thing herein shall be construed as requiring the maintenaapair, restoration, or replacement of any
<br />structure or facility which is substantially damaged or destroyed i1ue to an act of God or other condition or
<br />circumstance beyond the control of the sponsor.
<br />b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which
<br />Federal fun~s have been expended.
<br />
<br />20. Hazard Removal and MItIgation. It will take appropriate action to assure that such tenninal airspace as is required to
<br />protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately
<br />cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards
<br />and by preventing the establishment or creation of future airport hazards.
<br />
<br />21. . Compatible Land Use. It will take appropriate action,to the extent reasonable, including the adoption ofZ9ning laws, to
<br />restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with
<br />nonnal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility
<br />program implementation. it will not cause or pennit any change in land use, within its jurisdiction, that will reduce its
<br />compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been
<br />expended.
<br />
<br />22. EconomIc NondIscrImination.
<br />a. It will make the airport available as an airport for public use on reasonable tenns and without unjust
<br />discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical
<br />activities offering services to the public at the airport.
<br />b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to
<br />any person, finn, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the
<br />public at the airport, the sponsor will insert and enforce provisions requiring the contractor to-
<br />(I) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
<br />(2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor
<br />may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price
<br />reductions to volume purchasers.
<br />c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are
<br />unifonnly applicable to all other fixed-based operators making the same or similar uses of such airport and
<br />utilizing the same or similar facilities.
<br />d. Each air cirTier using such airport shall have the right to service itself or to use any fixed-based operator that is
<br />authorized or penn ined by the airport to serve any air carrier at such airport.
<br />e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall
<br />be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees,
<br />. rentals, and other charg~s with respect to facilities directly and substantially related to providing air tJ:ilnsportation
<br />as are appli~able to all suc~ ",ir cairiers which make similar ~se of such airport and utilize similar facilities,
<br />subject to reasonable classifications such as tenants or nontenants and signatory Can1ers and nonsignatory
<br />carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided
<br />an air carrier assumes obligations substantially similar to those already imposed on air carriers in such
<br />classification or status.
<br />f. It will not exercise or grant any right or privilege which operates to prevent any person, finn, or corporation
<br />operating aircraft on the airport from perfonning any services on its own aircraft with its own employees
<br />[including, but not limited to maintenance, repair, and fueling) that it may choose to perfonn.
<br />g. .In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services
<br />involved will be provided on the same conditions as would apply to the furnishing of such services by commercial
<br />aeronautical service providers authorized by the sponsor under these provisions.
<br />h.. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of
<br />the airport as may be necessary for the safe and efficient operation of the airport. .
<br />i. The sponsor may prohibit or liniit any given type, kind or class of aeronautical use of the airport if such action is
<br />necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
<br />
<br />23. Exc:luslve Rights. It will pennit no exclusive right for the use of the airport by any person providing. or intending to
<br />provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a
<br />single fixed-based ~perator shall not be construed as an exclusive right ifboth of the following apply: .
<br />a. It would be unreasonably costly. 'burdensome, or. impractical for more than one fixed-baSed operator to provide
<br />such services, and . .
<br />b. If allowing more than one fixed-based operator to provide such services would require the reduction of space
<br />leased pursuant to an existing agreement between such single fixed-based operator and such airport.
<br />It further agrees that it will not, either directly or indirectly, grant or pennit any person, finn, or corporation, the exclusive
<br />right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft
<br />rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales
<br />and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity,
<br />repair and maintenance of aircraft, sale of aircraft parts, and any other aCtivities which because of their direct relationship to
<br />the operation of aircraft can be regarded as an
<br />aeronautical activity, and that it will tenninate any exclusive right to conduct an aeronautical activity now existing at such an
<br />airport before the ~t of any assistance under Title 49, United States Code.
<br />
<br />24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will
<br />make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account
<br />such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development,
<br />airport planning or noise compatibility project for which a grant is made under Title 49, United States Code. the Airport and
<br />
<br />Page 18 of25
<br />
|