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<br />I. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport If
<br />such action is necessary for the safe operation of the airport or necessary to serve the civil aviation
<br />needs of the public.
<br />
<br />23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or
<br />Intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the
<br />services at an airport by a single f1xed~ operator shall not be construed 88 an exclusive right If both of the
<br />following apply:
<br />a. It would be unreasonably cosUy, burdensome, or Impractical for more than one fixed-based operator
<br />to provide such sarvlces, and
<br />b. If aBowlng more than one flxed..based operator to provide such services would require the recluctioo
<br />of space leased pursuant to an existing agreement between such single fixed-based operator and
<br />such airport.
<br />It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the
<br />exclusive right at the airport to conduct any aeronautical activities, Including, but not limited to charter f1ight8,
<br />pilot training, aircraft rental and sightseeing, aerial photography. crop dusting, aerial advertising and lMI'Veying,
<br />air carrier operations, aircraft sales and services, sale of aviatioo petroleum products whether or not cooducted
<br />in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any
<br />other activities which because of their direct relationship to the operation of aircraft can be regarded 88 an
<br />aeronautical activity, and that It will terminate any exclusive right to conduct an aeronautical ectivity now existing
<br />at such an airport before the grant of any assistance under TltIe "9, United States Code.
<br />
<br />24. Fee and Rental structure. It wiI maintain a fee and rental atruc:ture for the facilities and services at the airport
<br />which will make the airport as self-sustaining 88 possible under the circumstances existing at the particular
<br />airport, taking Into account such factOl1l as the volume of traffic and economy of collection. No part of the
<br />Federal share of an airport development, airport planning or noise compatibility project for which a grant is
<br />made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport
<br />Act or the Airport and Airway Development Act of 1970 shall be Included in the rate basis in establishing fees,
<br />rates, and charges for users of that airport.
<br />
<br />26. Airport Revenues.
<br />a. All revenues generated by the airport and any local taxes on aviation fuel established after December
<br />30, 1987, will be expended by It for the capital or operating costs of the airport; the local airport
<br />system; or other local facilities which are owned or operated by the owner or operator of the airport
<br />and which are directly and substantially related to the actual air transportation of passengers or
<br />property; or for noise mitigation purposes on or off the airport. Provided, however, that If covenants or
<br />assurances In debt obligations issued before September 3, 1982, by the owner or operator of the
<br />airport, or provisions enacted before September 3, 1982, In governing statutes controUing the owner
<br />or operator's financing, provide for the use of the revenues from any of the airport owner or operator's
<br />facilities, Including the airport, to support not only the airport but also the airport owner or operator's
<br />general debt obligations or other facilities, then this limitation on the use of all revenues generated by
<br />the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
<br />b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the
<br />audit will review, and the resulting audit report will provide an opinion concerning, the use of airport
<br />revenue and taxes in paragraph (a), and Indicating whether funds paid or transferred to the owner or
<br />operator are paid or transferred in a manner consistent with Title 49, United States Code and any
<br />other applicable provision of law, including any regulation promulgated by the Secretary or
<br />Administrator.
<br />c. Any civil penalties or other sanctions will be Imposed for violation of this assurance in accordance
<br />with the provisions of Section 47107 ot Title 49, United states Code.
<br />
<br />26. Reports and Inspections. It will:
<br />a. submit to the Secretary such annual or special financial and operations reports as the Secretary may
<br />reasonably request and make such reports available to the public; make available to the public at
<br />reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
<br />b. for airport development projects, make the airport and all airport records and documents affecting the
<br />airport, including deeds, leases, operation and use agreements, regulations and other instruments,
<br />available for inspection by any duly authorized agent of the Secretary upon reasonable request;
<br />c. for noise compatibility program projects, make records and cIocuments relating to the project and
<br />continued compliance with the terms, conditions, and assurances of the grant agreement including
<br />deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly
<br />authorized agent of the Secretary upon reasonable request; and
<br />d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the
<br />public following each of its fiscal years, an annual report listing in detail:
<br />(i) all amounts paid by the airport to any other unit of government and the purposes for which
<br />each such payment was made; and
<br />(Ii) all services and property provided by the airport to other units of government and the
<br />amount of compensation received for provision of each such service and property.
<br />
<br />27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal
<br />fmancial assistance and all thoSe usable for landing and takeoff of aircraft to the United States for use by
<br />Government aircraft in common with other aircraft at all times without charge, except, If the use by Government
<br />aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of
<br />operating and maintaining the facilities used. Unless otherwise detennined by the Secretary, or otherwise
<br />
<br />Airport Assurances (9199) State Modified (9199)
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<br />A-6
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