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<br /> i. The IpOnsor mey prohibit or limit any given type, kind or cI..s of aeronautical use of the airport if
<br /> such action Is necessary for the safe operation of the airport or necessary to sarve the civil
<br /> aviation needs of the public.
<br /> 23. ExCÌU81ve Rights. It will permit no excluaive right for the use of the airport by any person providing, or intending to
<br /> provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport
<br /> by a .ingle 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
<br /> provide .uch .ervices, and
<br /> b. If allowing more than one fixed-based operator to provide such services would require the reduction of
<br /> space leased pursuant to an existing agreement between such single fixed-based operator and such
<br /> airport.
<br /> It further agrees thet 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 flights, pilot
<br /> training, aircraft rental and .ightseeing, aerial photography, crop dulting, aerial advertising and surveying, air carrier
<br /> operations, aircraft .ales and .ervices, sala of aviation petroleum products whether or not conducted In conjunction
<br /> with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities
<br /> which because of their direct relationship to the operation of aircreft can be regarded as an aeroneutical activity, and
<br /> that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the
<br /> grant of any assistance under Title 49, United States Code.
<br /> 24. Fee end Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which
<br /> will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking
<br /> into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an
<br /> airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United
<br /> States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway
<br /> Development Act of 1970 shall be included in the rate basis in establishing foes, rates, and charges for users of thet
<br /> airport.
<br /> 25. 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 eirport
<br /> and which ere directly and substantially relatad to the actual air transportation of passengers or
<br /> property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenents 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 controlling the owner or
<br /> 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 fuen 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 menner consistent with Title 49, United States Code and any other
<br /> applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
<br /> c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with
<br /> the provisions of Section 47107 of Title 49, United States Code.
<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 aveilable 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, mllke records and documents releting 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 each
<br /> such payment was made; and
<br /> Iii) all services and property provided by the airport to other units of government and the amount
<br /> of compensation received for provision of each such service and property.
<br /> Airport Assunnces (06/02197 - State Modified 7197) A-6
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