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<br />19. Operation and Maintenance.
<br />a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other
<br />than facilities owned or controlled by the United States, shall be operated at all times in a safe and
<br />serviceable condition and in accordance with the minimum standards as may be required or
<br />prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not
<br />cause or permit any activity or action thereon which would interfere with Its use for airport purposes. It.
<br />will suitably operate and maintain the airport and all facifities thereon or connected therewith, with due
<br />regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-
<br />aeronautical pllrp0se5 must first be approved by the Secretary.
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<br />In furtherance of this 8&8Urance; the sponsor will have In effect arrangements for-
<br />(1) Oper1lting the airport's aeronautical facilities whenever required;
<br />(2) Promptly marking and lighting hazards resulting from airport conditions, Including temporary
<br />conditions; and
<br />(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
<br />Nothing contained herein shaH be construed to require that the airport be operated for aeronautical
<br />use during temporary periods when snow, flood or other climatic conditions interfere with such
<br />operation and maintenance. Further, nothing herein shaH be construed as requiring the maintenance,
<br />repair, restoration, or replacement of any structure or fllCility which is substantially damaged or
<br />destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor.
<br />b. It will suitably operate and maintain noise compatiblllty program items that it owns or controls upon
<br />which Federal funds have been expended.
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<br />20. Hazard Removal and Mitigation. It wiR take appropriate action to assure that such terminal airspace as is
<br />required to protect Instrument and visual operations to the airport (Including establlsh~ minimum flight
<br />altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
<br />otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport
<br />hazards.
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<br />21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning
<br />laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes
<br />compatible with normal airport operations, including landing and takeoff of aircraft. In addition, If the project is
<br />for noise compatibility program Implementation, it will not cause or permit any change in land use, within Its
<br />jurisdiction, that win reduce its compatibility, with respect to the airport, of the noise compatibility program
<br />measures upon which Federal funds have been expended.
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<br />22. Economic Nondiscrimination.
<br />a. It will make the airport available as an airport for public use on reasonable terms and without unjust
<br />discrimination to all types, kinds and classes of aeronautical activities, including commercial
<br />aeronautical activities offering services to the public at the airport.
<br />b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport
<br />is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for
<br />furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring
<br />the contractor to-
<br />(1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof,
<br />and
<br />(2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that
<br />the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other
<br />similar types of price reductions to volume purchasers.
<br />c. Each fixed-based operator at the alrpart shaH be subject to the same rates, fees, rentals, and other
<br />charges as are uniformly applicable to all other fixed-based operators making the same or similar
<br />uses of such airport and utilizing the same or similar facilities.
<br />d. Each air carrier using such airport shaH have the right to service itself or to use any fixed-based
<br />operator that is authorized or permitted by the airport to serve any air carrier at such airport.
<br />e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier
<br />tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations,
<br />conditions, rates, fees, rentals, and other charges with respect to facilities direcUy and substantially
<br />related to providing air transportation as are applicable to all such air carriefs wt\\eh make similar use
<br />of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or
<br />nontenants and signatory carriers and nonslgnatory carriers. Classification or status as tenant or
<br />signatory shaH not be unreasonably withheld by any airport provided an air carrier assumes
<br />obligations substantially similar to those already imposed on air carriers in such classification or
<br />status.
<br />f. II 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, repair, and fueling] that It may choose to
<br />perform.
<br />g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance,
<br />the services involved will be provided on the same conditions as would apply to the furnishing of such
<br />services by commercial aeronautical service providers authorized by the sponsor under these
<br />provisions.
<br />h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by
<br />an users of the airport as may be necessary for the safe and effICient operation of the airport.
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<br />Airport Assurances (9/99) State Modified (9/99)
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<br />A-5
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