|
<br /> 139{2.
<br /> e. Each air carricr using such airport (whclher as a tenant. nontenant. or suhtenant of another air carrier tenant) shall be
<br /> suhjeci 10 such nondiscriminatory and substantially comparahle rules. regulations. conditions, rates, fees, rentals, and other
<br /> charges with respect to facilities directly and substantially related to providing air transportation as arc. àpplicable to all
<br /> such air carriers which make similar use of such airport and wi1Ìch utilize similar facilities. suhject to reasonable
<br /> clas.,ifications such as tenantS or nO¡lIenantS and signatory carriers and nonsignatory carriers. Classification or status as
<br /> tenant or signatory shall not be unreasonahly withheld hy any airpon provided an air carrier assumes ohligations
<br /> substantially similar to those already imposed on air carriers in such classifications or status.
<br /> r. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating
<br /> aircraft on the airport from performing any services on its own aircraft with its own employees (including. but not limited
<br /> _. 10 maintenance, repair. and fueling) that it may choose to perform.
<br /> g. In the evenl the sponsor itself exercises any of the rights and privileges referred to in chis as.,urance, the services involved
<br /> will be provided on Ihe same condilions as would apply 10 the furnishing of such services by contraclors or concessionaires
<br /> of the sponsor under these provisions.
<br /> h. lñe sponsor may e..'tablish such fair, equal, and not unjuslly discriminatory conditions to be met by all users of the airport
<br /> as may he necessary for the safe and efficient operation of the airporl.
<br /> I. 'Ine sponsor may prohibit or Ii mil any given type. kind, or class of acronaulical use of the airport if such action is necessary
<br /> for Ihe safe operation of Ibe airport or necessary to serve Ihe ci,il aviation needs of the public.
<br /> 23. Excfusive Rights. II will permit no exclusive righl for Ihe use of the airport by any persons providing, or in lending to pro,ide,
<br /> aeronautical services to Ihc public. ror purposes of this paragraph. Ihe providing of services al an airport by a single
<br /> fixed.based operator shall nor be construed as an exclusive right if both of the following apply:
<br /> a. It would be unreasonahly cosIly. hurdensorne. or impractical for more Ihan one fixed.based operator to pro\;de such
<br /> selviecs. and
<br /> h. If allo"';ng more Ihan one fixed.hased operatOr to provide such services would require the reduclion of space leased
<br /> pursuanl 10 an e"sting a~reel11e"l hetween such single fixed-based operator and such airport.
<br /> ..
<br /> II further a~rees Ihill il will nOlo enller dire"lly or imlireclly. ~ralll or permit any person. firm pr corporation the e.,clusive right
<br /> al Ihe airport. or ,II ¡111~' other ¡lIrp<\rt now owned or cont rolled 11)' II. to conduCI any aeronautical a('[ivities. including, Iwl nOi
<br /> IImlled 10 c!tarter nights, pilOi Irainin~. aircraft rental and siglHseeing. aerial phOiography. crop dusting. aerial advertising and
<br /> surveying, air carrier operations, aircraft sales and ser";ces. sale of aviation petroleum products whelher or nOt conducted in
<br /> conjunction with other aeronautical aeti\;ty. repair and maintenance of aircraft. sale of aircr¡¡ft parts, and any other activilies
<br /> which because of Iheir direci relationship 10 the operalion of aircraft can be regarded as an aeronautical acti,;ty. and l!tat it
<br /> willierminate any exclusive righl 10 conduct an aeronautical aclivilY now exisling .11 such an airport hefore the grant of any
<br /> a,,-,istan,'e under the '\lrpOrt and ¡\i¡way Improvemenl I\Ct of ¡<)g2.
<br /> 24. I'ee and Rental Structure. It will maintain a fee ¡¡nd rental structUre consistent with Assurances 22 and 23, for tne facilities.
<br /> and semces being pro,;ded the airport users which will make the airport as self-sustaining as possible under the circumstances
<br /> existing al thai particular airport, taking into account such factors as the volume of traffic and economy of collection. No pan
<br /> of th... Fcd-:ra! shar~ or an ¡¡i;¡:crt development. airport planning. or noise con'palih¡:¡:y ¡-.rojcrr for \\'~¡:-h a grant is made
<br /> under the ¡\irport and Airway Impnwemenl Act of 1982. Ihe Federal Airport Act or the Airport and Arcway Development Act
<br /> of ('nO shall t>e included in the rale hase in establishing fees. rates. and cha,!.!es for users of that airport.
<br /> 25. Airport Revenue. If Ihe airport is under Ihe control of a public agency, all revenues generated t>y the airport and any local
<br /> taxes on aviation fuel established aftcr December 30, 1987, ",;11 be ex-pended by it for the capital or operating COStS of the
<br /> airport: the local airport system: or other local facilities which arc owned or operaled by Ihe owner or operator of the airpon
<br /> and directly and subslantially relaled to the actual air transportation of passengers or property; or for noise mitigation
<br /> purposes on or off the airport, Pro\;ded, however, that if covenants or assurances in dent onligations issued before September
<br /> .1, 1'182, by Ihe owner Or operator of Ihe airport. or provisions enacted before Seplemher.1. 1982, in governing Slalules
<br /> c"nlrolling Ihe owner or operator's financing, provide for the use of Ihe revenues from any of Ihe airport owner or opCralor's
<br /> faclillies. oncludlllg the airport, to suppon not only the airport hut also the airport owner or operator's generdl debl obligations
<br /> or other facIlities. then chis limitation on the use of all revenues generated by the airport (and. in the case of a put>lic airport,
<br /> l'I(,'al laxe~ on avlallon fuel) shall nOI "pply.
<br /> 26. Reports and Inspcdions. It WIll suhmol 10 the Secretary such annual or special financial and opcralions reports as the
<br /> Se<Telary may reasonably reques!. 1\ rcporl of the airport budget will he availat>1c to Ihe public at reasonable times and
<br /> places. For airpon development prolecls. it will also make the airport and all airport records and documents affecting the
<br /> airp<1rt, including deeds, leases, operation and use agreements. regulations and other inslruments, availahle for inspection by
<br /> any duly authori~ed agenl of the Secretary upon re¡¡sonable request. For noise compatibility program projects, il will also
<br /> make records and documents relaling 10 the project and eonlÍnued compliance with the terms, conditions, and assurances of
<br /> the granl agreemenl including deeds, leases. agreements, regulations. and other instruments, available for inspection by any
<br /> duly au(hori~ed agent of the Secretary upon reasonable request.
<br /> Airport ¡\s.<:urances (11-91) Page (, of 10 I'P-A-l
<br />
|