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<br />PART ill - Sponsor Responsibilities <br /> <br />1. In accepting the Agreement, the Sponsor guarantees that: <br /> <br />a. it will comply with the Attachment A, Certification of Airport Fund, attached and <br />made a part of this Agreement; and <br /> <br />b. it will comply with the Attachment B, Airport Assurances (9/99)(State Modified <br />9/99), attached and made a part of this Agreement; and <br /> <br />c. it will, in the operation of the facility, comply with all applicable state and federal <br />laws, rules, regulations, procedures, covenants and assurances required by the <br />State of Texas or the FAA in connection with the federal grant; and <br /> <br />d. the Airport or navigational facility which is the subject of this Agreement shall be <br />controlled for a period of at least 20 years, and improvements made or acquired <br />under this project shall be operated, repaired and maintained in a safe and <br />serviceable manner for the useful life of said improvements, not to exceed 20 <br />years; and <br /> <br />e. consistent with safety and security requirements, it shall make the airport or air <br />navigational facility available to all types, kinds and classes of aeronautical use <br />without unjust discrimination between such types, kinds and classes and shall <br />provide adequate public access during the term of this Agreement; and <br /> <br />f it shall not grant or permit anyone to exercise an exclusive right for the conduct of <br />aeronautical activity on or about an airport landing area. Aeronautical activities <br />include, but are not limited to scheduled airline flights, charter flights, flight <br />instruction, aircraft sales, rental and repair, sale of aviation petroleum products and <br />aerial applications. The landing area consists of runways or landing strips, <br />taxiways, parking aprons, roads, airport lighting and navigational aids; and <br /> <br />g. it shall not permit non-aeronautical use of airport facilities, unless noted on an <br />approved Airport Layout Plan, without prior approval of the State/F AA, and <br /> <br />h. it shall not enter into any agreement nor permit any aircraft to gain direct ground <br />access to the Sponsor's airport from private property adjacent to or in the <br />immediate area of the airport. Further, Sponsor shall not allow aircraft direct <br />ground access to private property. Sponsor shall be subject to this prohibition, <br />commonly known as a "through-the-fence operation," unless an exception is <br />granted in writing by the State due to extreme circumstances; and <br /> <br />1. it will acquire all property interests identified as needed for the purposes of this <br />project and comply with all applicable state and federal laws, rules, regulations, <br />procedures, covenants and assurances required by the State of Texas or the FAA <br />in connection with the federal grant in the acquisition of such property interests; <br />and that airport property identified within the scope of this project and Attorney's <br /> <br />4 of 25 <br />