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<br /> c. 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 /> d. consistent with safety and security requirements, it shall mak;e 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 /> e. 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 /> f. 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 /> g. 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 /> h. 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 /> Certificate of Airport Property Interests shall be pledged to airport use and shall <br /> not be removed from such use without prior written approval of the State; and <br /> 1. the Sponsor shall submit to the State annual statements of airport revenues and <br /> expenses as requested; and <br /> J. all fees collected for the use of an airport or navigational facility constructed with <br /> funds provided under the program shall be reasonable and nondiscriminatory. The <br /> Page 5 of 14 <br />