|
<br /> rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
<br /> operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in
<br /> conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and
<br /> any other activities which because of their direct relationship to the operation of aircraft can be regarded
<br /> as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical
<br /> activity now existing at such an airport before the grant of any assistance under the Airport and Airway
<br /> Improvement Act.
<br /> 1. Airport Operation and Maintenance. It will suitably operate and maintain the airport and all facilities
<br /> thereon or connected therewith, with due regard to climatic and flood conditions.
<br /> It will operate and maintain in a safe and serviceable condition and in accordance with the minimum standards
<br /> as may be required or prescribed by the applicable Federal, state, and local agencies for the maintenance and
<br /> operation, the airport and all facilities which are necessary to serve the aeronautical users of the airport
<br /> other than facilities owned or controlled by the United States, and will not permit any activity thereon
<br /> which would interfere with its use for airport purposes; provided, that nothing contained herein shall be
<br /> construed to require that the airport be operated for aeronautical use during temporary periods when snow,
<br /> flood, or other climatic conditions interfere with such operation and maintenance; and provided further, that
<br /> nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any
<br /> structure or facility which is substantially damaged or destroyed due to an act of God or other condition or
<br /> circumstances beyond the control of the sponsor. In furtherance of this covenant, the sponsor will have in
<br /> effect at all times arrangements for--
<br /> a. Operating the airport's aeronautical facilities whenever required;
<br /> b. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions;
<br /> and
<br /> c. Promptly notifying airmen of any condition affecting aeronautical use of the airport.
<br /> 12. Hazard Removal and Mitigation. It will adeqùately clear and protect the aerial approaches to the airport by
<br /> removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by
<br /> preventing the establishment or creation of future airport hazards.
<br /> 13. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to the extent
<br /> reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities
<br /> and purposes compatible with normal airport operations, including landing and takeoff of aircraft.
<br /> 14. Use by Government Aircraft. It will make available all of the facilities of the airport developed with
<br /> Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States
<br /> for use ,by Government aircraft in common with other aircraft at all times without charge, except, if the use
<br /> by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use,
<br /> for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,
<br /> or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government
<br /> aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the
<br /> opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft,
<br /> or during any calendar month that--
<br /> a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
<br /> b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or
<br /> more, or the gross accumulative weight of Government aircraft using the airport (the total movements of
<br /> Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
<br /> 15. Land for Federal Facilities. It will furnish without cost to the Federal Government for construction,
<br /> operation and maintenance of facilities for, and uses in connection with, any air traffic control or air
<br /> navigation activities, or weather reporting and communication activities related to air traffic control, any
<br /> areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers
<br /> necessary or desirable for construction at Federal expense of space or facilities for such purposes. Such
<br /> areas or any portion thereof will be made available as provided herein within 4 months after receipt of
<br /> written requests from the Secretary.
<br /> 16. Standard Accounting Systems. It will keep all project accounts and records in accordance with a standard
<br /> system of accounting prescribed by the Secretary.
<br /> 17. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services being
<br /> provided the airport users which will make the airport as self-sustaining as possible under the circumstances
<br /> existing at that particular airport, taking into account such factors as the volume of traffic and economy of
<br /> collection, except that no part of the Federal share of an airport development or airport planning project
<br /> for which a grant is made under this title or under the Federal Airport Act or the Airport and Airway
<br /> Development Act of 1970 shall be included in the rate base in establishing fees, rates, and charges for users
<br /> of that airport.
<br /> FAA Form 5100-100 (11-82) Development Page 8
<br />
|