|
<br />b. That in any agreement, contract, lease or other arrangement under which a right or privilege at the
<br />Airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity
<br />for furnishing services to the public at the Airport, the Sponsor will insert and enforce provisions
<br />requiring the contractor--
<br />(1) to furnish said services on a fair, equal, and not unjustly discriminatory basis to all users
<br />thereof, and
<br />(2) to charge fair, reasonable, and not unjustly discriminatory prices for each unit or service;
<br />provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts,
<br />rebates, or other similar types of price reductions to volume purchasers.
<br />c. That it will not exercise or grant any right or privilege which operates to prevent any person, firm, or
<br />corporation operating aircraft on the airport from performing any services on its own aircraft with its
<br />own employees (including, but not limited to maintenance and repair) that it may choose to perform.
<br />d. In the event the sponsor itself excercises any of the rights and privileges referred to in subsection b,
<br />the services involved will be provided on the same conditions as would apply to the furnishing of such
<br />services by contractors or concessionaires of the sponsor under the provisions of such subsection b.
<br />21. Nonaviation activities. Nothing contained herein shall be construed to prohibit the granting or exercise of
<br />an exclusive right for the furnishing of nonaviation products and supplies or any service of a nonaeronautical
<br />nature or to obligate the sponsor to furnish any particular nonaeronautical service at the airport.
<br />22. Operation and maintenance of the airport. It will operate and maintain in a safe and serviceable condition
<br />the airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical
<br />users of the airport other than facilities owned or controlled by the United States, and will not permit any
<br />activity thereon which would interfere with its use for airport purposes; provided, that nothing contained
<br />herein shall be construed to require that the airport be operated for aeronautical uses during temporary
<br />periods when snow, flood, or other climatic conditions interfere with such operation and maintenance; And
<br />Provided Further, That nothing herein shall be construed as requiring the maintenance, repair, restoration,
<br />or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God
<br />or other condition or circumstance beyond the control of the sponsor. In furtherance of this covenant, the
<br />sponsor will have in 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 />23. Airport hazards. Insofar as it is within its power and reasonable, the sponsor will, either by the
<br />acquisition and retention of easements or other interests in or rights for the use of land or airspace or by
<br />the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration, or
<br />growth of any structure, tree, or other object in the approach areas of the runways of the airport, which
<br />would constitute an airport hazard. In addition,, the sponsor will not erect or permit the erection of any
<br />permanent structure or facility which would interfere materially with the use, operation, or future
<br />development of the airport, in any portion of a runway approach area in which the sponsor has acquired, or
<br />hereafter acquires, property interests permitting it to so control the use made of the surface of the land.
<br />24. Use of adjacent land. Insofar as it is within its power and reasonable, the Sponsor will, either by the
<br />acquisition and retention of easements or other interest in or rights for the use of land or airspace or by
<br />the adoption and enforcement of zoning regulations, take action to restrict the use of land adjacent to or
<br />in the immediate vicinity of the airport to activities and purposes compatible with normal airport
<br />operations including landing and takeoff of aircraft.
<br />25. Airport layout plan. It will keep up to date at all times an airport layout plan of the airport showing
<br />(1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all
<br />offsite areas owned or controlled by the sponsor for airport purposes, and proposed additions thereto;
<br />(2) the location and nature of all existing and proposed airport facilities and structures (such as runways,
<br />taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions
<br />of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of
<br />all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification
<br />thereof, shall be subject to the approval of the FAA, which approval shall be evidenced by the signature of
<br />a duly authorized representative of the FAA on the face of the airport layout plan. The sponsor will not
<br />make or permit any changes or alterations in the airport or in any of its facilities other than in
<br />conformity with the airport layout plan as so approved by the FAA, if such changes or alterations might
<br />adversely affect the safety, utility, or efficiency of the airport.
<br />26. Federal use of facilities. All facilities of the airport developed with Federal aid and all those usable
<br />for the landing and taking off of aircraft, will be available to the United States at all times, without
<br />charge, for use by government aircraft in common with other aircraft, except that if the use by government
<br />aircraft
<br />FAA Form 5100-100 (8-81) Page 8
|