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<br /> 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to
<br /> protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately
<br /> cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards
<br /> and by preventing the establishment or creation of future airport hazards.
<br /> 21. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to
<br /> restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with
<br /> normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility
<br /> program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its
<br /> compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been
<br /> expended:
<br /> 22. Economic Nondiscrimination.
<br /> a. It will make its airport available as an airport for public use on reasonable terms and without unjust discrimination,
<br /> to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to
<br /> the public at the airport.
<br /> b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to
<br /> any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the
<br /> public at the airport, the sponsor will insert and enforce provisions requiring the contractor to-
<br /> (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users ,thereof, and
<br /> (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the
<br /> contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of
<br /> price reductions to volume purchasers.
<br /> c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as
<br /> are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and
<br /> utilizing the same or similar facilities.
<br /> d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is
<br /> 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 tenant)
<br /> shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees,
<br /> rentals, and other charges with respect to facilities directly and substantially related to providing air transportation
<br /> as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject
<br /> to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers.
<br /> Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air
<br /> carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or
<br /> status.
<br /> f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation
<br /> operating aircraft on the airport; from performing any services on its own aircraft with its own employees
<br /> (including, but not limited to maintenance, repair, and fueling) that it may choose to perform.
<br /> g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services
<br /> involved will be provided on the same conditions as would apply to the furnishing of such services by commercial
<br /> aeronautical service providers authorized by the sponsor under these provisions.
<br /> h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of
<br /> the airport as may be necessary for the safe and efficient operation of the airport.
<br /> i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is
<br /> necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
<br /> 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide,
<br /> aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single
<br /> fixed-based operator shall not be construed as an exclusive right if both of the following apply:
<br /> a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide
<br /> such services, and
<br /> b. If allowing more than one fixed-based operator to provide such services would require the reduction of space
<br /> leased pursuant to an existing agreement between such single fixed-based operator and such airport.
<br /> It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right
<br /> at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental
<br /> and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and
<br /> services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair
<br /> and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the
<br /> operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an
<br /> aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code.
<br /> 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will
<br /> make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account
<br /> such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development,
<br /> airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and
<br /> Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be
<br /> included in the rate basis in establishing fees, rates, and charges for users of that airport.
<br /> 25. Airport Revenues.
<br /> Airport Assurances (06/02/97 - State Modified 7/97) A-5
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