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State of Texas or the FAA in connection with the federal grant; and <br />e. the Airport or navigational facility which is the subject of this Agreement shall be <br />controlled for a period of at least 20 years, and improvements made or acquired <br />under this project shall be operated, repaired and maintained in a safe and <br />serviceable manner for the useful life of said improvements, not to exceed 20 <br />years; and <br />f. consistent with safety and security requirements, it shall make the airport or air <br />navigational facility available to all types, kinds and classes o.f aeronautical use <br />without unjust discrimination between such types, kinds and classes and shall <br />provide adequate public access during the term of this Agreement; and <br />g. it shall not grant or permit anyone to exercise an exclusive right for the conduct of <br />aeronautical activity on or about an airport landing area. Aeronautical activities <br />include, but are not limited to scheduled airline flights, charter flights, flight <br />instruction, aircraft sales, rental and repair, sale of aviation petroleum products <br />and aerial applications. The landing area consists of runways or landing strips, <br />taxiways, parking aprons, roads, airport lighting and navigational aids; and <br />h. it shall not permit non-aeronautical use of airport facilities, unless noted on an <br />approved Airport Layout Plan, without prior approval of the State/FAA; and <br />it shall not enter into any agreement nor permit any aircraft to gain direct ground <br />access to the Sponsor's airport from private property adjacent to or in the <br />immediate area of the airport. Further, Sponsor shall not allow aircraft direct <br />ground access to private property. Sponsor shall be subject to this prohibition, <br />commonly known as a"through-the-fence operation," unless an exception is <br />granted in writing by the State due to extreme circumstances; and <br />j. it will acquire all property interests identified as needed for the purposes of this <br />project and comply with all applicable state and federal laws, rules, regulations, <br />procedures, covenants and assurances required by the State of Texas or the FAA <br />in connection with the federal grant in the acquisition of such property interests; <br />and that airport property identified within the scope of this project and Attorney's <br />Certificate of Airport Property Interests shall be pledged to airport use and shall <br />not be removed from such use without prior written approval of the State; and <br />k. the Sponsor shall submit to the State annual statements of airport revenues and <br />expenses as requested; and <br />1. all fees collected for the use of an airport or navigational facility constructed with <br />funds provided under the program shall be reasonable and nondiscriminatory. <br />The proceeds of such fees shall be used solely for the development, operation and <br />maintenance of the Sponsor's system of airport(s) or navigational facility(ites). <br />M. an Airport Fund shall be established by resolution, order or ordinance in the <br />Page 5 of 35 <br />1,94 <br />