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any person providing, or intending to provide, aeronautical services to the public. For purposes of
<br />this paragraph, the providing of the services at an airport by a
<br />single fixed-based operator shall not be construed as an exclusive right if both of the following apply:
<br />It would be unreasonably costly, burdensome, or impractical for more than one fixed-based
<br />operator to provide such services, and
<br />If allowing more than one fixed-based operator to provide such services would require the
<br />reduction of space leased pursuant to an existing agreement between such single fixed-
<br />based operator and such airport. It further agrees that it will not, either directly or indirectly,
<br />grant or permit any person, firm, or corporation, the exclusive right at the airport to
<br />conduct any aeronautical activities, including, but not limited to charter flights, pilot trauung,
<br />aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and
<br />surveying, air canier operations, aircraft sales and services, sale of aviation petrolewn
<br />products whether or not conducted in conjunction with other aeronautical activity, repair and
<br />maintenance of aircraft, sale of aircraft parts, and any other activities which because of
<br />their direct relationship to the operation of aircraft can be regarded as an aeronautical
<br />activity, and that it will terminate any exclusive right to conduct an aeronautical activity now
<br />existing at such an airport before the grant of any assistance under Title 49, United States
<br />Code.
<br />24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services
<br />at the airport which will make the airport as self-sustaining as possible under the circumstances
<br />existing at the particular airport, taking into account such factors as the volume of traffic and
<br />economy of collection. No part of the Federa] share of an airport development, airport planning or
<br />noise compatibility project for which a grant is made under Title 49, United States Code, the
<br />Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Auway
<br />Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges
<br />for users of that airport.
<br />25. Airport Revenues.
<br />All revenues generated by the airport and any local taxes on aviation fuel
<br />established after December 30, 1987, will be expended by it for the capital or operating costs
<br />ofthe airport; the local airport system; or other local facilities which are owned or operated
<br />by the owner or operator of the airport and which are directly and substantially related to
<br />the actual air transportation of passengers or property; or for noise mitigation purposes on
<br />or offthe airport. Provided, however, that if covenants or assurances in debt obligations
<br />issued before September 3, 1982, by the owner or operator ofthe airport, or provisions
<br />enacted before September 3, 1982, in governing statutes controlling the owner or operator's
<br />financing, provide for the use of the revenues from any of the airport owner or operator's
<br />facilities, including the airport, to support not only the airport but also the airport owner or
<br />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
<br />aviation fuel) shall not apply.
<br />b. As part of the annual audit required under the Single Audit Act of 1984, the sponsar will
<br />direct that the audit will review, and the resulting audit report will provide an opinion
<br />conceming, the use of airport revenue and taxes in paragraph (a), and indicating whether
<br />funds paid or transferred to the owner or operator are paid or tâ–ºansferred in a manner
<br />consistent with Title 49, United States Code and any other applicable provision of law,
<br />including any regulation promulgated by the Secretary or Administrator.
<br />C. Any civil penalties or other sanctions will be imposed for violation of this assurance in
<br />accordance with the provisions of Section 47107 of Tide 49, United States Code.
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