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<br />rrotccted by removing. lowering. relocating. marking. or lighting or oth~rwisc mitigating existing airport hazards and by
<br />preventing lite establishment or creation offuture airport hazards.
<br />
<br />. 21. Compatible Land Use. It will take appropriate action. to the e:\1ent reasonable. including the adoption of zoning laws. to
<br />restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with nonnal
<br />airport operations, includin,g landing and takeoff of aircraft. In addition. uthe project is for noise compatibility program
<br />implementation. it will not cause or pennit any change in land use, within its jurisdiction. that will reduce its compatibility,
<br />with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.
<br />
<br />22. Economic NondiscriminatIon.
<br />.. It will make the airport available as an airport for public use on reasonable tenns and without unjust discrimination
<br />to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities otrering
<br />services to the public at the airport ..
<br />b. In any agreemen~ conlract.leasc, or other arrangement under which a right or privilege at the airport is granted to
<br />any p...on, fum, 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 <:Qntractor to-
<br />(i) furnish said services on a reasonable, and not unjustly discriminatory, basis to all us... 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 sUnilar 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 />uniformly applicable to all olber fixed.based operators making Ibe same or similar uses of such airport and utilizing
<br />the same or similar facilities.
<br />d. Each air carrier using such airport shall havelbe right to service itself or to use any flXed.based operator that is
<br />aulborized or penniUed by the airport to serve any air carrier at such airport.
<br />e. Each air carrier using such airport (whelber .. a tenan~ nontenan~ or subtenant of anolber air carrier tenant) shall
<br />be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, f.... rentals,
<br />and olber charges with respect to facilities directly and substantially related to providing air transportation as are
<br />applicable to all such air carri... which make similar use of such airport iild utilize similar facilities, subject to
<br />reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers.
<br />Classification or status as tenant or signatory shall not be unreasonably wilhheld by any airport provided an air
<br />carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or
<br />status.
<br />f. It will not exercise or grant any right or privilege which operates to prevent any person, fum, or corporation
<br />operating aircraft on the airport from performing any services on its own aircraft wilb its own employees [including.
<br />but not Hmited 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 the
<br />airport as may be ncces.sary for the safe and efficient operation of the airport.
<br />i. The sponsor may prohibit or limit any given type. kind or class of aeronautical use of the airport if such action is
<br />necessary for the safe operation oCtile airpo.rt or necessary to serve the civil aviation needs of the public.
<br />
<br />23. Esdu..tve Rights. It will pennit no exclusive right for the use oflbe airport by any person providing. or intending to provide,
<br />aeronautical services to Ibe public. For purposes of this paragraph, the providing oflbe services at an aUport by a singlelixed.
<br />based operator shall not be construed as an exclusive right ifboth of the following apply:
<br />L It would be unreasonably costly, burdensome. or impractical for more than one fixed~based operator to provide such
<br />services, and
<br />b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased
<br />pursuant to an existing agreement between such singlefixed-based operator and such airport.
<br />It further agrees that it will no~ either directly or indirectly, grant or permit any person, fum, or corporation, the exclusive right
<br />at Ibe airport to conduct any aeronautical activities, including. but not limited to charter nights, pilot training. aircraft rental
<br />and sightseeing. aerial photography, crop dusting. aerial advertising and surveying. air carrier operations, aircraft sales and
<br />services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity. repair
<br />and maintenance of aircraft, sale of aircraft parts, and any olber activities which because of their direct relationship to lIie
<br />operation of aircraft can be regarded .. an
<br />aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an
<br />airport before the grant 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 Ibe pacticular airport, taking into account
<br />such factors as the volume of traffic and economy of collection. No part oflbe Federal share of an airport developmen~ airport
<br />planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway
<br />Improvement Act of i982, Ibe Federal Airport Act or the Airport and Airway Development Act of i970 shall be included in the
<br />rate basis in establishing fees, rates, and charges for us... ofthataUport.
<br />
<br />25. AIrport Revenues. ...
<br />.. All revenues generated by Ibe airport and any local taxes on aviation fuel established after December 30, 1987, will
<br />be expended by it for Ibe capital or operating costs oflbe airport; the local airport system; or olber local facilities
<br />which are owned or operated by the owner or operator oflbe airport and which are directly and substantially rel~
<br />to Ibe actual air transportation of passeng... or property; or for noise mitigation purposes on or otrlbe airport.
<br />Provided, however, that ifcovenants or assurances in debt obligations issued before September 3, i982, bythe
<br />owner or operator oflbe airport, or provisions enacted before September 3, i982, in governing statutes controlling
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