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23. Insofar as it is within its power and reasonable, the
<br />Sponsor will, either by the acquisition and retention of ease -
<br />ment,; or other interest. in or rir:hts for the use of land or
<br />airspace or by the adoption and enforcement of zoning; regu-
<br />lations, prevent the construction, erection, alteration, or
<br />growth of any structure, tree, or other object in the ap-
<br />proach areas of the runways of the Airport, which would
<br />constitute an obstruction to air navigation according to the
<br />criteria or standards prescribed in Section 77.23, as applied
<br />to Section 71.25, Part 77 of the Federal Aviation Regula-
<br />tions. In addition, the Sponsor will not erect or permit the
<br />erection of any permanent structure or facility which would
<br />interfere materially with the use, operation, or, future de-
<br />velopment of the Airport, in any portion of it runway ap-
<br />proach area in which the Sponsor has acquired, or hereafter
<br />acquires, property interests permitting it to so control the
<br />use made of the surface of the land. .
<br />24. Insofar as it is within . its power and reasonable, the
<br />Sponsor will, either by the acquisition and retention of
<br />easements or other interests in or rights for the use of land
<br />or airspace or by the adoption and enforcement of zoning
<br />regulations, take action to restrict the use of land adjacent
<br />to or in the immediate vicinity of the Airport to activities
<br />and purposes compatible with normal airport operations in-
<br />cluding landing and takeoff of aircraft.
<br />25. The Sponsor will keep up to date at all times an airport
<br />layout plan of the Airport showing (1) the boundaries of the
<br />Airport and all proposed additions thereto, tog,•ether• with
<br />the boundaries of all offsite areas owned or controlled by the
<br />Sponsor for airport purposes, and proposed additions thereto;
<br />(2) the location and nature of all existing and proposed
<br />airport facilities and structures (such as runways, taxiways,
<br />aprons, terminal buildings, hangars and roads), including all
<br />proposed extensions and reductions of existing airport fa-
<br />cilities; and (3) the location of all existing and proposed
<br />nonaviation areas and of all existing improvements thereon.
<br />Such airport layout plan and each amendment, revision, or
<br />modification thereof, shall he subject to the approval of the
<br />FAA; which approval shall be evidenced by the signature of
<br />a duly authorized representative of the FAA on the face of
<br />the airport layout plan. The Sponsor will not make or permit.
<br />the making of any changes or alterations in the Airport or
<br />any of its facilities other than in conformity with the airport
<br />layout plan as so approved by the FAA, if such changes or
<br />alterations might adversely . affect the safety, utility, or-
<br />efficiency of the Airport.
<br />26. All facilities of the Airport developed with Federal aid
<br />and all those usable for the landing and taking off of air-
<br />craft, will be available to the United States at all times, with-
<br />out charge, for use by government aircraft in common with
<br />other aircraft, except that if the use by government aircraft
<br />is substantial, a reasonable share, proportional to such use,
<br />of the cost of operating and maintaining facilities so used,
<br />may be charged. Unless otherwise determined by the FAA,
<br />or otherwise agreed to by the Sponsor and the using agency,
<br />substantial use of an airport by government aircraft will be
<br />considered to. exist when operations of such aircraft are in
<br />excess of those which, in the opinion of the FAA, would
<br />unduly interfere with use of the landing area by other
<br />authorized aircraft, or during any calendar month that:
<br />a. Five (5) or more government aircraft are regularly
<br />based at the airport or on land adjacent thereto; or
<br />b. The total number of movements (counting each land-
<br />ing as it movement and each takeoff as a movement) of
<br />government aircraft is 300 or more, or the gross accumu-
<br />lative weight of government aircraft using the Airport
<br />236
<br />(the total movements of government aircraft multiplied by
<br />gross certified weights of such aircraft) is in excess of
<br />five million pounds.
<br />27. Whenever so requested by the FAA, the Sponsor will .
<br />furnish without cost to the Federal Government. for con -
<br />strui•tion, operation, and maintenance of facilities for air
<br />trallic control activities, or weather reporting: activities and
<br />communication activities related to air tralFe control, such
<br />areas of land or water, or estate therein, or rights in build-
<br />ings of the Sponsor as the FAA may consider necessary or
<br />desirable for construction at Federal expense of %pace or fa-
<br />cilities for such purposes. The approximate aunounts of areas
<br />and the nature of the property interests and 'or rights so
<br />required will be set forth in the Grant Agreement relating
<br />to the Project. Such areas or any portion thereof will be
<br />made available as provided herein within 4 months after
<br />receipt of written request from the FAA.
<br />28. The airport operator or owner will maintain a fee and
<br />rental structure for the facilities and services being provided
<br />the airport users which will make the Airport as self- sustain-
<br />ing as possible under the circumstances existing at the Air-
<br />port, taking into account such factors as the volume of traffic
<br />and economy of collection.
<br />29. The Sponsor will furnish the FAA with such annual
<br />or special airport financial and operational reports as' may
<br />be reasonably requested. Such reports may be submitted on
<br />forms furnished by the FAA, or may be submitted in such
<br />manner as the Sponsor elects so long as the essential data
<br />are furnished. The Airport and all airport records and docu-
<br />ments affecting the Airport, including deeds, leases, operation
<br />and use agreements, regulations, and other instruments, will
<br />be made available for inspection and audit by the Secretary
<br />and the Comptroller General of the United States, or their
<br />duly authorized representatives, upon reasonable request.
<br />The Sponsor will furnish to the FAA or to the General Ac-
<br />counting Office, upon request, a true copy of any such
<br />document.
<br />30. All project aceounts and records will be kept in ac-
<br />cordance with a standard system of accounting if so pro-
<br />scribed by the Secretary.
<br />31. If at any time it is determined by the FAA that there
<br />is any outstanding right or claim of right in or to the Airport
<br />property, other than those set forth in Part II, paragraphs
<br />7(a), 7(b), and 7(c), the existence of which creates an un-
<br />due risk of interference with the operation of the Airport or
<br />the performance of the covenants of this Part, the Sponsor
<br />will acquire, extinguish, or modify such right or claim of
<br />right in a manner acceptable to the FAA.
<br />32. The Sponsor will not enter into any transaction which
<br />would operate to deprive it of any of the rights and powers
<br />necessary to perform any or ail of the covenants made
<br />herein, unless by such transaction the obligation to perform .
<br />all such covenants is assumed by another public agency found
<br />by the FAA to be eligible under the Act and Regulations to
<br />assume such obligations and having the power. authority,
<br />and financial resources to carry out all such obligatitins. If
<br />an arrangement is made for management or operation of
<br />the Airport by any agency or person other than the Sponsor
<br />or an employee of the Sponsor, the Sponsor will reserve
<br />sufficient rights and authority to insure that the Airpart will
<br />be operated and maintained in accordance with the Act, the
<br />Regulations, and these covenants.
<br />33• Unless the context otherwise requires, all terms used
<br />in these covenants which are defined in the Act and the
<br />Regulations shall have tine nieanings assigned to them therein.
<br />FAA. Form 5 100 -100 Page 8
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