|
23. Exdusive Rights. ]t will permit no exclusive right for the use of the airpori by any person providing, or intending ro provide,
<br />aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall
<br />not be construed as an exclusive right if both of the foilowing applyi
<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 operaror 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. It further agrees that it
<br />will not, either directly or indirectly, grant or permit any person, firtn, or corporation, the exclusive right at the airport to
<br />conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing,
<br />aeriai photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of
<br />aviation petroleum products whether or not conducted in conjunction with other aeronautical activiry, repair and maintenance
<br />of aircrafr, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft
<br />can be regatded as an aeronautical activiry, and that it will terminate any exclusive right to conduct an aeronautical activiry
<br />now existing at such an airpon before the grant of any assistance under Title 49, United States Code.
<br />24. Fee and Rental Structure. It will maintain a fee and rental structure for the faciGties and services at the airport which will make the
<br />airporl as self-sustaining as possible under the circumstances existing at the particular airport, taking in[o account such factors as the volume of
<br />traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a
<br />grant is made under Title 49, United States Code, the Airport and Airway lmprovement Act of 1982, the Federal Airport Act or the Airport and
<br />Airway Development Act of 1970 shall be included in the rate basis in estabiishing fees, rates, and charges for users of that airport.
<br />25. Airport Revenues.
<br />a. All revenues generated by the airpori and any local taxes on aviation fuel established after December 30, 1987,
<br />will be expended by it for the capital or operating costs of the airport; the local airpori system; or other local facilities which
<br />are owned or operated by the owner or operator of the airport and which are direcdy and substantially related to the actual air
<br />transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if
<br />covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operaror of the airport, or
<br />provisions enacted before September 3, 1982, in goveming statutes controlling the owner or operator's financing, provide for
<br />the use of the revenues from any of the airport owner or operator s facilities, including the airport, to support not only the
<br />airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all
<br />revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) sha0 not apply.
<br />b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will
<br />review, and the resulting audit report will provide an opinion conceming, the use of airport revenue and taxes in paragraph
<br />(a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent
<br />with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the
<br />Secretary or Administrator.
<br />C. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the
<br />provisions of Section 47107 of Title 49, United States Code.
<br />26. Reports and Inspections. It will:
<br />a, submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably '
<br />request and make such reports available to the public; make available to the public at reasonable times and places a report of
<br />the airport budget in a format prescribed by the Secretary;
<br />b, for airport development projects, make the airpori and all airpori records and documents affecting the airport,
<br />including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly
<br />authorized agent of the Secretary upon reasonable request;
<br />C. for noise compatibility program projects, make records and documents relating to the project and continued
<br />compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements,
<br />regulations, and other instruments, available for inspection by any duly authorized agent ot'the Secretary upon reasonable
<br />request; and
<br />d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public
<br />following each of its fiscal years, an annual report listing in detail:
<br />(i) all amounts paid by the airport to any other unit of government and the purposes for which each such
<br />payment was made; and
<br />(ii) all services and property provided by the airport to other uniu of government and the amount of
<br />compensation received for provision of each such service and property.
<br />27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial
<br />assistance and all those usable for landing and takeoff of aircraft to the United States for use by Govemment aircrafl in common with other aircraft
<br />at all times without charge, except, if the use by Govemment aircraft is substantial, charge may be made for a reasonable share, proportional to such
<br />use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the
<br />sponsor and the using agency, substantial use of an airport by Govemment aircraft will be considered to exist when operations of such aircraft are in
<br />excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during
<br />any calendar month that -
<br />a, Five (5) or more Govemment aircrafl are regularly based at the airport or on land adjacent thereto; or
<br />Page 22 of 30
<br />
|