|
235
<br />17. These covenants shall become effective upon acceptance
<br />by the Sponsor of an offer of Federal aid for the Project or
<br />any portion thereof, made by the FAA and shall constitute
<br />a part of the Grant Agreement thus formed. These covenants
<br />shall remain in full force and effect throughout the useful
<br />life of the facilities developed under this Project, but in any
<br />event not to exceed t ,-enty (20) years from the date of said
<br />acceptance of an offer of Federal aid for the Project. How-
<br />ever, these limitations on the duration of the covenants do
<br />not apply to the covenant against- exclusive rights. Any
<br />breach of these covenants on the part of the Sponsor may
<br />result in the suspension . or termination of, or refusal to
<br />grant Federal assistance under, FAA administered programs,
<br />or such other action which may be necessary to enforce the
<br />rights of the United States under this agreement.
<br />1$. The Sponsor will operate the Airport as such for the use
<br />and benefit of the public. In furtherance of this covenant
<br />(but without limiting its general applicability and effect),
<br />the Sponsor specifically agrees that it will keep the Airport
<br />open to all types, kinds, and classes of aeronautical use on
<br />fair and reasonable terms without discrimination between
<br />such types, kinds, and classes. Provided; That the Sponsor
<br />may establish such fair, equal, and not unjustly discrimina-
<br />tory conditions to be met by all users of the Airport as may
<br />be necessary for the safe and efficient operation of the Air -
<br />isort; And Provided Further, That the Sponsor may pro-
<br />hibit or limit any given type, kind, or class of aeronautical
<br />use of the Airport if such action is necessary for the safe
<br />operation of the Airport or necessary to serve the civil avia-
<br />tion needs of the public.
<br />Zg . The Sponsor—
<br />a. Will not grant or permit any exclusive right for-
<br />bidden by Section 308(a) of the Federal Aviation Act of
<br />1955 (49 U.S.C. 1349(a)) at the Airport, or at any other
<br />airport now owned or controlled by it;
<br />b. Agrees that, in furtherance of the policy of the FAA
<br />tinder this covenant, unless authorized by the Administra-
<br />tor, it will not, either directly or indirectly, grant. or per-
<br />mit any person, firm or corporation the exclusive right at
<br />the Airport, or at any other airport now owned or con-
<br />trolled by it, to conduct any aeronautical activities, in-
<br />cluding, but not limited to charter Bights, pilot training,
<br />aircraft rental and sightseeing, aerial photography, crop
<br />dusting-, aerial advertising and surveying, air carrier op-
<br />erations, aircraft sales and services, sale of aviation petro-
<br />leum products whether or not conducted in conjunction
<br />with other aeronautical activity, repair and maintenance
<br />of aircraft, sale of aircraft parts, and any other activities
<br />which because of their direct relationship to the operation
<br />of aircraft can be regarded as an aeronautical activity.
<br />c. -Agrees that it will terminate any existing exclusive
<br />right to engage in the sale of gasoline or oil. or both,
<br />granted before July 17, 1962, at such an airport, at the
<br />earliest renewal, cancellation, or expiration date applicable
<br />to the agreement that established the exclusive right; and
<br />d. Agrees that it will terminate any other exclusive
<br />right to conduct an aeronautical activity now'existing at
<br />such an airport before the j.;rant of any assistance under
<br />the Airport and Airway Development Act.
<br />20. The Sponsor agrees that it will operate the Airport for
<br />the use and benefit of the public, on fair and reasonable
<br />FAA. Form 5100 -100
<br />terms, and without unjust discrimination. In furtherance of
<br />the covenant (but without limiting its general applicabili
<br />and effect), the Sponsor specifically covenants and agrees
<br />a. That in its operation and the operation of all faciliti,
<br />on the Airport, neither it nor any person or organizatio 1i�
<br />occupying space or facilities thereon will discriminate
<br />against any person or class of persons by reason of race,
<br />color, creed, or national origin in the use of any of the
<br />facilities provided for the public on the Airport.
<br />b. That in any agreement, contract, lease, or other ar-
<br />rangement under which a right or privilege at the Airport
<br />is granted to any person, firm, or corporationt to conduct
<br />or engage in any aeronautical activity for furnishing
<br />services to the public at the Airport, the Sponsor will in-
<br />sert and enforce provisions requiring the contractor:
<br />0_j to furnish said service on a fair, equal, and not
<br />unjustly discriminatory basis to all users thereof,
<br />and
<br />(2) to charge fair, reasonable, and not unjustly dis-
<br />criminatory prices for each unit or service; Pro -
<br />vided, That the contractor may be allowed to make
<br />reasonable and nondiscriminatory discounts, re-
<br />bates, or other similar types of price reductions to
<br />volume purchasers.
<br />c. That it will not exercise or grant any right or priv-
<br />ilege which would operate to prevent any person, firm or
<br />corporation operating aircraft on the Airport from per-
<br />forming any services on its own aircraft with its own
<br />employees (including, but not limited to maintenance and..
<br />repair) that it may choose to perform.
<br />d. In the event the Sponsor itself exercises any, of the
<br />rights and privileges referred to in subsection h, the serv-
<br />ices involved will be provided on the same condition's as
<br />would apply to the furnishing of such services by con-
<br />tractors or concessionaires of the Sponsor under the pro-
<br />visions of such subsection b.
<br />21. Nothing contained herein shall be construed to pro-
<br />hibit the granting or exercise of an exclusive right for the
<br />furnishing of nonaviation products and supplies or any serv-
<br />ice of a nonaeronautical nature or to obligate the Sponsor to
<br />furnish any particular nonaeronautical service at the Airport.
<br />22. The Sponsor will operate and maintain in a safe and
<br />serviceable condition the Airport and all facilities thereon
<br />and connected therewith which arc necessary to serve the
<br />aeronautical users of the Airport other than facilities owned
<br />or controlled by the United States, and will not permit any
<br />activity thereon which would interfere with its use for air-
<br />port purposes: Provided, That nothing contained herein
<br />shall be construed to require that the Airport be operated
<br />for aeronautical uses during temporary periods when snow,
<br />flood, or other climatic conditions interfere with such opera-
<br />tion and maintenance; And Provided Further. That nothin-
<br />herein shall be construed as requiring the maintenance, re
<br />pair, restoration or replacement of any structure or facility
<br />which is substantially damaged or destroyed due to an act
<br />of God or other condition or circumstance Beyond the con-
<br />trol of the Sponsor. In furtherance of this covenant the
<br />Sponsor will have in effect at all times arrangements for:
<br />a. Op ?rating the airport's aeronautical facilities when-
<br />ever required.
<br />b. Promptly marking and lighting hazards resulting
<br />from airport conditions, including temporary conditions,
<br />and
<br />c. Promptly notifying ;airmen of any condition affecting
<br />aeronautical use of the Airport.
<br />Page 7
<br />j
<br />
|