PART tr ASSUS AWES

Airport and Planning Agency Sponsors

A . General.

1. These assurmces s h a l l be complied with tn the perf'ornmnce o f the f o llmrllnq grant aarcements r

a. Airport development , a5rrport planning, and naise program fmplem~ntatf on grants to a i rpor t sponsoFs.

b . Integrated a i ~ p o r t system planning .pants t o planning agencies. 2. These assurances are requfred to be submitted as park. of the project

app l i ca t ion by sponso~s requesting funds under the pmvfs ions of the AWport and Alrway Improvewnk Act of 1982 or the Aviat ion Safety and Notse Abatement Act. of 1979. A sponsor m y be a publ ic agency with control of a public-use a i r p o r t or it or m y be a private owner of a public-use afrpor t (hereinafter referred t o as "private sponsor". )

3. These assurances a lso are requfred t o be submitted as part of the project applf catton by a sponsor a P c h f a both a publ ic agency and a phnnf ng agency request.lng funds for f ntegrated afrpsrk system planning under the provfsions of the bfrportami A A f w a y Improvement Act of 1982.

4. Upon acceptance of the grant offer by the sponsor, these assurances are incorpcrated in and become part of the grant agreement.

B. DuratPon and Applfcabflit~

I . Airport Development or Nofse Program Implementation Projects undertake3 by a public agerlcy (airport sponsor ) . "he terms, c o n d i t t o ~ s and assurances o x t h e z-ant a , y r e e ~ e n t shall rem3in fn f u l l fo~ze 2nd e Y e c t throughout the useful l i f e of khe facfl i t ies developed or equfpment aequ72ed for an a i ~ p o r t . development or noise program implementat5on progect, or throughout. the useful l i f e of the p r o j e c t items Cnstal led within a f a c f l i t y under a no9se program fmplemantation pro jec t , but Fn anv event not to exceed twenty (20) yeam from the data of acceptance of a grant offer of Federal funds for the project. Eoneve?, there s h a l l be no l l m f t on t he duration of the assurance agafnst exclusive r lgh ts or the terns, conditf ons, and assurances ~ 5 t h respect to real p m p e ~ t y acquired .with Federal funds. Furthernore, the duration of the mvil Rights assurance shall be as s p e f f 5 d . in the assurance.

2. Afrport Development or Noise Promam Implementation Projects undertaken_3y 2 private sponsor. %e D-enedlag paragraph 7 also a p p l i e s t o a p r iva te sponsor except t h a t the useful l l f e of project ikems Installed wtthtn a f a c l l f t y or t he useful lffe of f a c i l f t i e s developed or equfpmenk acqufred m d e r an affpor t development or nofse program implementation project s h a l l be no less than 10 ysars from the dat.e of t-he acceptance of Federal a l d for %he project.

FAA Form 5100-100 (8-84)

3. Airport Pllanndna undertaken by a sponsor. Unless otherwise s p e c i f i e d fn t he s r a n t agreement, only Assurances 7, 2 , 3, 5, 6 , 13, 18, and 30 in Section C apply t o phnnfng pro jec t s . The terms, conditf+ons and assu-ances of the grant agreement shal l r emafn in f u l l force and effect during the life of the praject.

C, Sponsor Certification. The s p o n s ~ hereby assures and cerkffies, d t h respec t to t h b g ran t that:

1. General Federal Requirements. It w t l l comply with a11 applfeable Feder? 1 laws, regula tf m s , executfve orders, polf a l e s , guide l fnes an? r e q ~ ~ e m e n t s as they re la te to the application, acceptance and use of Federal- funds for thZs project including but not l i m i t e d to the fallowing:

Federal Legislation

Federal Aviatim Act of 1958 - 49 U.S.C. 1301, et seq, Hatch Act. - 15 U.S.C. 1501, s t seq. 2J Federal Fair Labor ~fandardsAct. - 25 U,S.C. 201, et seq. Davis-Bacon Act - 40 U.S.C 276(a), et se2. 1/ Uniform Re location Assf s tance and Real ~ r o w z r t ~ Acqufsit Ton Pcrlief es A c t of 1 970 - Tit. les I1 and III , 42 U.S.C. 4627-4655. I / 2/ - - National HPst.orf c Preservat.ion Act of 1 966 - Section 1 06 - 16 n.3.c. 4701f). a / Archealogical and %storic Preservation Act of 1 961 - 16 U.S.C, 461, e t x. JJ Flood Df saster F o k e c k i a n Act of 1 973 - Sec t i on 1 02 ( a) - 42 U.S.C. 4001 , note. I/ RehabTlitatfon Act of 1973 - 29 U.S.C. 794. Civ i l Rights Act of 1964 - Title VI - 42 O.S.C. 2000d, & A v i a t i o n Safety and Mofse Abatement: A c t o f 1979, 49 U.S.C. 2101, et seq. Age Dtsserimination Act o f 1975 - 42 U.S.C. 61 01 , et 3. kchitectural Barrfers Act of 1968 - 42 U.S.C. 4157, e t . =. L/ - Airport; and Airway Improvement Act of 1982 - 49 U.S.C. 2201, e t seq

o. Powerplant and Indus;rfal Fuel Use Ac t of 1978 - Section 403 - 42 U.S.C. 8373. l/

p. Contract Work Yours and Safety Standards Act - 40 U.S.C. 327 e t m* L/

q . Copeland Eekback A c t - 18 U.S.C. 874. 1/ s. National EnvrLranmental Palfcy Act of l9r9 - 42 U.S.C.

4321, et; ,s,eA. 1/ s. Endangered Species Act - 16 U.S.C 668(a), et seq. I/

1 / These laws da not apply t o plannfag projects . - 2/ These laws do not apply to private sponsors. -

FAA Form 5100-100 (8-84)

Executive Orders

Execut-lve Order 12372, Intergovemmenkal Review of Federa l Programs.

Federal Realat ions

a. 49 CFR Part 21 - N o n d i s c r ~ n a t i o n in Federally-Ass-lsted Programs of the Department of Transportation - E f f e e t ~ t i o n of Title VI of t h e Civf 1 Rlghts Act. of 1 964.

b. 49 CFR Park 23 - ParticXpation %y Wnority Busfness Enterprise in Department of Transportation Program.

o. 49 CFB Part 25 - Relocatfan Assist.ance and Land Acquisitfon for Federal and Federally Ass-lsted Programs.

d , 29 CFR Part 1 - Procedures for Pradeterdnation of Wage Rates. e. 29 CF2 Part 3 - Contractors or Subcontsactors on Public Eul ld lngs

or Publfc Works FPnanced fi Whole or Part by Loans or Grants f r o m U.S.

f. 29 CPR Part- 5 - tabor Standards Provisions Applicable t o Cont~acts Covertng Federally Ffnanced and Asststed Construction.

g. 49 CFR Part 27 - Non-Discrfmfnakion on the Basfs of HandTcap in Programs and Activities Receivfng or Benefiting from Federal Financfal Assistance.

h. 41 CFR Part 60 - Offiee of Federal Contract Compliance Programs, Equal. E m ~ l o y m e n t Opportunity, Departmat of Labor (Federal and Federally-assisted Contract.ing Requirements) .

5. 14 CFR Part 150 - Airport Noise Compatibility Plamfng. 3. Reserved.

Offiee of Mana~ement and Budget Cfreulars

a. A-87 - Cost Prfnc ip les Applicable to Grants and Contrzcts ~ 5 t h Stat.e and Local Governments. *

b. A-1 02 - Unirorm Requ*zements fop Assistance to State and Local Gooermments. *

"3 Circulars A-87 and A-1 02 conta*a requirements for state and local governments receivbg Federal asscstance. Any requfrement levied upon state and local governments by those

FAA Fom 5100-100 18-84)

t-we circulars sha l l also be applicable to prfvate sponsors reeefvfng Federal assfstance under the Afrport and Airway T ~ p r o v e n e n t Act of 1 982.

S p e c i f i c assurances rsqulred t o be Included in grant agreements by any of t he above laws , regulatfons or circulars are incorpora%& by reterence in the grant) agreement.

Responsibility and Authority of the Sponsor.

a. Public A~ency Sponsor: It has legal au thor i ty to apply for the grant., and to PTnance and carry out the pmposed projeet ; that. a resolution, motion or simllar action has been duly adapted or passed as an o f f i c i a l act of the applicant's govemrlng bcdy author fzbg the f i l fng of the appltcatf on, inc ludhg a l l understandings and assurances contained therefn, and directing and aukhar4zlng the person fden t i f i ed as the offrlcial representat-fve of the applicant to act in connection w i t h the application and t o provide such addikfonal informatton as mag be required.

b. Private Sponsor: It has legal authori ty to apply f o r the grant and to ffnance and carry out the proposed project and comply with a l l terms, aonditions, and assurances of t h i s grant. agreement. It shall desfgnate an of f fc i a l revresentat.ive, and shall In wri t ing d l r e c t and authorfze that person to ffle this appl ica t ion, includLrlg a l l understandings and assurances contained therefn; to a c t in connect-ion wi th the application; and t o provltde such addi t iona l infmmatfon as m y be ~ q u i r e d .

3 . Sponsor Fund Availability. It has suffiefent. funds avaflable fo r t h a t port lon of' t.he project costs which are not to be pafd by the Untted States. It has suff ic ient funds available to assure operation and mafntenanee of itern funded under the g m n t agreement which it. will own or control ,

4, Good T i t l e . It holds good t i t l e , satisfactorp to the Secretary, to the landing area of the a i rpor t or site thereof, or will gfve assurance satlsfactorfr to the Secretary t h a t gmd t f t l e wi l l be acquired.

For noise program .Lmplement.atfan projects t.0 be carried out on t h e property of t h e sponsor, it. holds good title satisf act-ory t o t.he Secretary to that por t ion of t-he p m p e h y upon which F ~ d e r a l funds dl1 be expended or wi l l give assurance to the Secretam that. g m d tfkle w f 1 1 be obt -abed .

5 . Preserving Rights and Pmrers.

a. It wil l not take or permtt any actfan which would operate to deprive it of any of the rtgkts and powers necessary to perform any or a l l of the terms, conditions, and assurances in the Rrant apreement

FAA Form 5100-100 ( 8 - 8 4 )

wtthout the vrTt-ten approval of the Secretam, and will act pronpt3.y to acquire, extinguish or modffy any outs tanding rlghks or claims of r i gh t of others whfeh would tnterfere w l t h such performance by t he sponsor. 2 5 s shall be done fn a manner acceptable t o the Secret-ary .

b, It wfll not sell, lease, encumber or otherwise ?.ransfer or dfspose of any part of its title or other fnterests La the p ~ o p e r t y shown an Exhfbit A Ata this application or, fa r a noise pragrsm implementatfan project, t h a t portion of t h e property upon r-rhich Federal funds have been expended, for the duration of the terns, conditions, and assurances fn the grant agreement w f t haut approval by t he Secretary. If the is found by the Secretarj? t o be e l-Eglble under the Airpar t and Airway Improvement Act of 1 982 to assume the obl igat ions of the grant agreement and to have the power, authorfty, and f:',nancial resources to carry out a l l such obltgatfons, the sponsor s h a l l fnsart in the contract or document kransferring or d i s p o s b g of the sponsor% ffnterest, and m k e bindtng upon the transferee, a11 of the terms, condfk,tions, and assurances contained in this g r a n t agreement.

c. For a l l noise program b p h n e n t a t i c m projects which are to be carrfed out by another u n i t of local government or are on property owned by a un%t o f local government other than the sponsor, :',t w i l l enter tnto an agreemnt wfth that government. Except as ot.herwise specfff ed by the Secretary, t ha t agreement s h a l l ob lf gate that, government to the same terms, candftians, and assurances t ha t would be applicable t o it if it. applfed d.lrectly to the FAA fo r a grant to undertake the no%e program ~ p l e m n k a t f o n project. That agreement and changes thereto must be satisfactory to the Seeretar~r. It will take steps to enforee t h i s agreem~nt a g a b s t the local gavernnenk them 5s substantfa1 nun-compl5aace with the terms of the agreement.

cl. For nofse pi-opam Implementation projects to be camfed out on privately owned property, It w i l l enter i n to an agreement w i t h the owner of that pmpepty which Sacludes provisions spec f l i ed by the Secretary, Ib w t l l fake steps to enforce t h b agreement against the property owner whenever there is substantial nun-coqliance wfkh t.he terms of the ag~eement.

e m If the sponscr is a prfvate sponsor, i*t w f l l take steps satfsfactory to the Secretary to ensure that the afrport will contlnue to funetfon as a publk-use a t r p o r t ~II accordance wtth these assurances fo r the 6uration of these assosances.

If an arrangement ts made for management. and operat ton of the a-fspart by any agency ar pePSbn other than the sponsor or am employee of the sponsor, the sponsor dl1 reserve suff Tcient r i g h t s and authorfty to insure that the aJsport will be operated and nrarEntained tn accordance wfth the A4zport. and Amay Improvement Act of 1 982, t h e regu labtons and the terms, conditfons and assurances in the pant agreement. and shall insure that such arrangement a b o requfres comliance therewith.

FAA Form 5100-100 18-84]

6 . ConsistencywZth Local Plans. The project is reasonably mnsfstent with ptans ( ex i s t ing at t he time of subdss ion of t h i s applicatton) of public agencies tha t a r e authorized by the State in which the p r o j e c t 2s Located to plan far the development, of t he area sursoundlng the a3rporf. For noise program tmpfemenka t ion projects , other t.han land acquis i t ion, to be car r i ed out on prope~ty not owned by the alrport and over whlch property another public agency has Land use ~ o n t n b l or author i ty , the sponsor sha l l obtain from each such agency a mitt-en declaration t h a t such agency supports the project and the project is reasonably consis tent w2th the agency's plans regardbg the property.

7 . ConsideratTon of Local Interest. It has given fa i r consideration t o the intereskoof cornunities in or near whfch the project m y be located.

8. Consultation with Users. In d i n g a decision t~ undertake any a k p o r t deve1oprner.t project under the A l r p o ~ t and Airway Imp~ovement Act of 1982, it has unde~taken reasonable consultat ions w t t h affected partees using the airport a t which t he pmject i s proposed.

9. Publfc Hearings. I n projects involving the location of an a i rpor t , an aZrpor5 mnway, or a major runway extension, Tt has afforded the opportunity for publ ic hearings fo r the purpose of consfderfng the economic, social , and environmental effects of the afrport . or runway location and its consistency with the goals and objectives of such plann Jlng as has been carr fed out by the comuni ty . It shall, when requested by the Secretary, submft a copy of the t ranscrfpt of such hearhgs to the Secretary,

10. Air and Water Qualtty Standards. fn projects involving airport loca t ion , a m j o r mnway extension, or runway location it wfll provlde for the Governor of the state in which the p ro jec t I s located t o cerfffy in wrfting to the Secretary t h a t the p ro jec t wil l be located, designed, constructed, and operated so as to comply w i t h appltcable air and water qual i ty standards. h any case where such standards have not been approved and where applicable air and water q u a l i t y standards have been promulgated by the Adminis t ra tor of the Envirofimental Protection Agency, cert fficat fon s h a l l be ob tafned f r o m such Administrator. Notice of certification or refusal to c e r t i f y shaU be provided within s ix ty days after the project application has been received by the Secretay.

11. Local Approval. In praJects involvf ng the const ruct ion or extension of any runway at any general avfatton airpar* located astride a line sepzratZng two counties withen a s ingle state, I t has received approval for t h e p ro jec t from the governing body of a l l v f l l ages incorporated under t h e Laws of t h a t state whfch are located entirely within five miles of the nearest b o u n d a ~ of the airport .

12. Terminal Development Pre~equiaf tes . For projects which b c l u d e t e r a i n a l devc?apnen? a t a pub lLc airport, it has, on t h e date of submitkal of the project p a n t application, a l l the safety equtpmeat

FAA Form 5100-100 (8-84)

required for cert l f leatfon or such al rpork under section 612 of t-he Federal Aviatian Act af 1958 and a l l the secur i ty equTpment requfred by rule or regulation, and has proofded for access t a the passenger enplanbg- and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than a i r carrier aircraft . ,

1 3 , Accounting System, A d i t , and Recordkeeping Requirements.

a. It shall keep all project accounts and records which fully d5sclose the amaunt and d i spos i t ion by the recipient of the proceeds of the grant, the total cost of the project in connection w l t k which the grant is given or used, and the amount and nat-ure of that port-Ion of the cost of the project supplied by other sources, and such other f3nancial records pertinent to the proJect. The accounts and records shall be kept in accordance with an accounttng system that w i l l facil i tate an effective audi t in accordance wPth t h e U.S. General Accountfng Office publication entitled Gufdelines fo r Financial and Compliance Audits of Federally Assisted Programs.

b. f k s h a l l make available to the Secretary and the Comptroller General of the Wnfted States, or any of the* duly authorized representatives, for the purpose of a u d i t and examtnation, any books, documents, papers, and records of the reclp5ent. that are pertinent to the grant . The Secretary may require t h a t an appropriate audft be conducted by a recipient . In any case in which an fndependent a u d i t is made of the accounts of a sponsor relating to the disposikion of the proceeds of a grant or relating to the project 3.m connection w5t.h which the grant was given or used, it s h a l l file a c e ~ t i f i e d copy of such audit with the Comptroller General of the United States not Later than 6 mnt-hs following the close of the fiscal year for which the audit was mde.

14. Minimum Wa~e Rates. It shall include, in a l l contracts in excess of $2,000 f o r work on any projects funded under the grent agrasrnent which h v o l v e labor, provisions establish k g minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended ( Y O U.S.C. 276a--276a-5l9 whfch contractors shall pay to s k i l l e d and unskilled labor, and such minfaurn ra tes sha l l be stated in the invitation for b i d s and shall be hcl-uded In proposals or bids for the work.

15. Veterans Preferencq. It shall include, in a l l contracts for work on any p r o j e c t s funded under the grant agreement ?!hi ch involve labor, such provis ions as are necessam ta insum t h a t , in the employment of labor (except In executive, admPnistrat2ve, and superviso~r pos i t ions l , preference shall be glven to veteruls of the Vletnam era and disabled ve t e rans as def ined in Section 5151c)(ll and (2) of the Afrport and Atmay Improvement Act of 1982. However, this preference shall. apply anly where the indtviduals are available and qualZffed to perform the work to which the employment relates.

F a Form 5100-100 (8-84)

16. Confomlty to Plans and Speciffcations. It will execute the project, sub jec t to plans, s~ecif5catiuns9 and schedules approved by the - ~ e e r e t k . Such p l a n s , specflicatioos, and schedules sha l l be s u b m i t t e d to the Secretary prfor t o commencement of site preparatfon, constructfol, or other pe r fomnce under t h i s grant agreement, and, upon a p p r o ~ a l by the Secretary, shaU be incorparated ht.0 th i s grant agreement. Any modifications t o the approved plans, specfficatfons, and schedules s h a l l a l so be subject to approval by the Secretan and i nao rpmat ion Pnto the want agreement.

Construction Inspection and Approval. It d l 1 provide ane nrabkain competent kechnf c a l supervtsTan at the construe t ion sf te throughout the project to assure that the work confomns with the plans, speefffcations, and schedules approved by the Secretary for the project. It shall subject the cbnstruction work on any project can tabed In an approved p r o j e c t applfcatfon to inspection and appfoval by the Secretary and such work shall be in accordance wtth regulattons and procedures prescrfbed by the Secretary. Such regulat ions and procedures shal l requlre such cost and progress report ing by the sponsor or sponsors of such project as the Secretary shall deem necessav.

18. Planning Projects. In camyhg out planning projects:

a. It wlll execute khe project in accordance wfkh the approved program narrative contained f.n the project applicatfon or ~ 5 t h modWieatfons similarly approved.

b. It w i l l furnfsh the Secretary with such periodic reports as requfred pertalnfng to the planning project and planning work ac t i v i t i ss .

c. It w i l l include fn a l l published materlal prepared in connection wfth the planning project a notice tha t the makerial was prepared under a grant provided by the United States.

d m It w i l l make such mterfal available for exadnation by the pubITc, and agrees that no material prepared with funds under th5s project s h a l l be subject to copyright in the United States or any other country.

e . It will gfve the Secretary unrestricted author i ty to publish, dfsclase, dfskrfbute, and otherwise use any of the material prepared in connection ~ 5 t h this grant.

f. It; will grant; *.he Secretary the right to disapprove t.he Sponsor ' s employment of specific consu Itants and the* subcontractors to do a l l or any part. of this project as w e l l as the r fght to disappmve the proposed scope and cos t of professional services.

FAA Form 5100-100 (8-84)

g. It ell grant the Secretary the r f ~ h t t o disapprove the use of the sponsor's employees to do a l l or any pa*. of the project*

h. It understands and agrees that the Secretav's approval of this p ~ o j e c t grant or the Secretary's approval of any planning material developed as part of t h i s w a n t does not cons t i tu te or h p l y any assursnce or comftment on the part of the Secretary fo approve any pending OF f u t u r e application for a Federal a t r p o r t gsant.

19. Operation and Maintenance,

a. It will sui tably operate and mafntafn the a-port and all facflities thepeon or connected therewith, w i t h due regard to clfmatfc and flood conditions. The a i rpo r t and a l l facilftfes which are necessarg to serve the aeronautical users of the airport, other than faci l ikies owned o r controlled by the Unfted States, sha l l be operated at a11 times in a safe and serviceable oondftion and in accordance ~ 5 t h the rninlmurn standards as may be requfred or prescrfbed by applicable Fede~a l , state and local agencies fo r maintenance and operatfon. It fill not cause or p e d t any ac t iv l ty or action thereon which would interefere wfth it3 use for aLrpert purposes.

In furtherance o f bkis assurance, khe sponsor will have Fn effect at a l l tf mes asrsnqements for-

( 1 ) Operating the akrportls aeronautical facilitfes whenever r e q u f ~ e d ;

(2) Prompkly marking and l fgh t ing hazards r e s u l t i n g from af rpor t cendit tons, h c ludtng temporary condf Lions ; and

13) Promptly notifying airmen of any m n d f t i o n affectfng aeronauttcal use of the a l rport .

Nothfng contained herein sha l l be construed to reqube tha t the afrport be operated for aeronautical use durtng temporary periods when snow, flood or other clfmatlc conditions Fnterefere w i t h such operation and maintenance. Further, nothing here* shal l be construed as pequiring the maintenance, repair, restoration, or r e p l a c e ~ n t of any s t ructure OF facility which fs substantially damged or destfoyed due to an act of God or other condit ion or elrcumstance beyond the control of the sponsor.

b. It wfll suc,t,ably operate and maintain noise program fmplementakion ttems that -Et awns or controls upon which Federal fmds h a ~ e been expended.

FAA Form 5100-100 (8-841

20. Hazard Removal and Mitimtfon. It will adequately clear and protect; the zerTa1 a p p r ~ a c h e s to the a i r p o r t by removing, lowering, relocating, marking, or Ilg;hting or otherwise &tigating e x i s t i n g a f r p o ~ t hazards and by preventing the establishment or creation af future ai rpar t kaz ard s ,

21. Compatible Land Use. It wT11 M e appmpriate action, includfng the adoption of zonfng laws, to the extent reasonable, t o restsict the use of land adjacenk to or in the m e d i a t e vicini ty bf the a i rpor t ka act iv i t ies and purposes compatible wfth normal awport- operations, includtng landing and takeoff of afpcraft. In add i t ton , if the project is far noise program implementatfan, ft. d l 1 nut; cause or permft any change k land use, &thin I t s ju r i sd ic t ion , that dl1 reduce the compatibility, w l t h respect to the a l p p o r t , of the noise compatibflfty progmm measures upon whfch Federal funds have been expended.

22. Economic PJondf scri~tnation . a. It w i l l make its airport avatlable as an a i r p o r t for public use on

f a i r and reasonable terms and without unjust d f s c r h i n a k l o n , to all types, kinds , and elasses of aeronautical uses.

b. In any agreement, contract, lease or other arrangement under which a r i g h t ar privilege at the a b p o r t 1s anted ta any person, firm, or corporation to conduct or engage in my aeronautical a c t i v f t y f o r fumishfng servfces t o the publke at the a*pork, the sponsor nlll insert and enforce pmvisions requiring the contractor--

( 7 ) to fumlsb said services on a fair, equal, and not unjustly dbcr imina tory bas i s to all. users thereof, and

(2 ) ta chafge fa*, reasonable, and net unjustly discrimlnatorg prices far each u n i t or service, provfded, that the contractor may be allowed to make peasonable and nondiscs'lmfnatory discounts, rebates, or other simflar types of price reductfons t o TO 1ume purchasers.

c. Each fixed-based operator at any a t ~ p o r t m e d by the sponsor shal l be subJect to the sane rakes, fees, rentals9 and ather charges as are uniformly applicable to all other fixed-based operators makfng t\e sam or simflar uses of such airport and uti l iz- lng the same or sfmllar Eacllfties.

8. Each a b carrier usfng such afrport shal l have the r f g h t to service i tself or to use any f-lxed-based operator tha t is authorized or pernttted by the a t r p o r t to serve any a* carrfer a t such a i rpor t .

e. Each afr carrler uslng such airport (whether as a tenant, nontenant, or subtenant of another a i r camier tenant) shall be subject to such nondis crrlminatory and sub stant ia l l y comparable rules , regulatilons , conditfons, rates, fees, rentals, and other charges as are applicable t o all. Such a lp carriers whlch make similar use of such airport and which utfl.'lze simflar f ac i l f t f e s , subject to reasonable elasslficatians such as tenants os nontenants, and combined passenger and cargo flights or all cargo Plights* Classiffcakion or status as tenant s h a l l not be unreasonably withheld by any airport pravfded an air carrier assumes ob l iga t ions substanttally sMlar to those already imposed on tenant a l r carriers.

f. It will not exercise os grant any right or privilege which operates to p ~ v e n t any person, f i r m , or corporation opera tin^ a i rc ra f t on the afrport from pesfordng any servSoes on its m af rc ra fk with i t s own employees ( including, but not limited tu maintenance, repair , and fuelfng) that if may choose to perform.

g. In the event the sponsor I tse l f ' exercises any of the r ights and privilep;es referred to in thfa assurance, the services involved w i l l be p ~ o v i d e d on the same oondi tbns as would apply to bhe furnishing of such services by contractors or concessionafrea of the sponsor under these prov5sfons.

h. The sponsor may establfsh such fair, equal, and not unjust ly dPs- c r m n a t o r y candik ions to be met by all users of the a e p o r t as may be necessary for t h e safe and efficient operatfon of t he a i rport .

9. The sponaor may prohibit or M t any given type, kind, or elass of aeronautical use of the ah -po r t If such act f a n is necessary for the safe operatfon of the atrpart or necessary to serve the c i v i l avfation needs of the pub lie.

2 3 . Exclusfve R f ~ h t s . It wfll permit no exclustve rfght for the use of t he afrport by any persons providfng, or intending t-o provide, aeronautical services to the publ ic . For p u ~ ~ o s e s of t h t s paragraph, the providfng of services at an airport . by a single fixed-based operator shall not be construed as an exclusive rfght; if both of the fo l lmlnq apply: ( 1 1 It would be unreasonably costly, burdensome, or impmctical f OP more than one fixed-based operator t o provide such se~vices, and 12) If allowing more than one fixed-based operator t o provide such services would requlre the reductfan of space leased pu~suant to an e x f s k i n g agfeement between such single fixed-based operator and such a i r p o r t .

It further agrees tha t ft will not, either d3rectly or tndirectly, grant or pe=Zt any pepson, f i r m or corporatfon the exclusive r i g h t at the a*war;t., OF at any ather airport now owned or controlled by It, to conduct any aeronautical act ivf t ies , i n c k u d w , but not limited to chart .e~ f l fghts , pilot t r a b f n g , aperaft rental and

FAA Form 5100-100 (8-84)

sightseeing , aeria 1 photography, crop dusting, aer ia l advert. tafng and survey4bg, air carrier operattons, aircrart sales and services, sale of aviatfon petroleum products whether or not conducted fn conjunction with other aeronautical act fv l ty , repair and mtntenance of afrcraft, sale of af~cra?t par t s , and any other a c k i v f t i e s which because of the i r d i r e c t relatfonshtp h the cperatlon of a b c r a f t can be regarded as an acronautfcal a o t i v t t y , and that it will ter- mtnate any exclustve r i g h t to conduct an aeronaufLca1 actkvt ty now existtng at such an afrport before the grant of any assistance under the Airport: and Afrway hpsovement Act of 1982.

24. Fee and Rental Structure. It trill mafntain a fee and rental st.ructure consfstent iq i th Assurance 22 and 23, fop the f2ci l i t ies and services being pmvfded the allsport users which w i l l make the a*port as self-sustaining as poaslble under the c.lrcumstances a t s t i n g a t that par t i cu la r afrpmt, taking i n t o account such factors as the volulrre of traffic and economy of colleetfon. No part of the Federal share of an afrport development, a f r p o r t plannfng or noise compatibility project for which a grant is made under the Airport and A l ~ w a y Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development A c t of 1970 s h a l l be included in the rat-e base in establtshing f ~ e s , rates, and charges for users of tha t aq~port .

25. Afrport Revenue. If the atrport fs under the cont.re1 of a public agency, a l l revenues generated by the afrport will be expended by It f o r the capital or operating casts of the afsport, the local affwort system, or othef local faci l t t ies whfch are owned or operated by the m e r or opepator of t h e abpo r t and dbect ly related t o the actual ksansporkation of passengers or property. Provided, however, t ha t if covenants or assurances in debt obligations previously issued by the owner or operator of the abport, ar pmvisions in governing statutes control l ing t h e owner or operator 's f lnancfng , provide for the use o f the revenues from any of the a i r p o r t owner or operator's factlf tfes, including the a l rpor t , to supper? not only the airport but also the airport m e r or operator's general debt obligations or other faol l f t ies , then t h i s limitatLon on the use of a l l revenues generatsd by the airport shall not apply.

26. Reports .and Inspections. It will submit to the Secretary such annual or special f fnanc ia l and operations reports as the Secretary my reasonably request. For airport development and a i rpo r t planning projects, tt dl1 also make the airport and a l l a-port records and documents af'fect.ing the ajrport, fncluding deeds, leases, operatton and use agreements, regulattona and other instmments, available for Fnspection by any duly authorized agent of t h e Seere taq upon reasonable request. For noise program implementation projects, it wi l l a l so make seeords and documents relating to the project and conttnued compliance wt th t h e terms, condf t ions, and assurances of %he mant, agreement including deeds, leases, agreemnts, regulatltons, and other fnstmmenta, available for inspection by any duly authsrized agent of the Secretary upon reasonable request.

27. Use of Goverment Aircraft. It w i l l make available a l l of t.he facili t ies of the airport developed wfth Federal financtal assistance and a l l those usable for land ing- and takeoff of a i rcra f t . to the United States fo r use by Governnent aircraft. tn common wPth other aircraft at all tims without charge, except, if the use by Govemmnt aS*crart, is substantial, charge nay be made for a reasonable share, proportional t o such use, fop the cost of operatfng and mahtafning the factl i t ies used. Unless otherwise d e t e m n e d by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by government aircraft w i l l he considered to exist when operations of such aircraft are in excess of those which, in the o p h i o n of the Secretary, would unduly interfere with use of the landlng areas by other authorized aircraft,, or during any calendar month that--

a. Five (5) or more government alrcraft are regularly based at the a'lrport or on land adjacent thereto; or

b. The total number of movements (counting each landing as a movement) of government a p c r a f t fs 300 as more, or the gross aocumulative w e f g h t of gavemaeat airc~af ' t using the a*port (the total movemats of goverment alrcrart multiplied by gross wefghts of such aircraft) is in excess of Piye mil l ion p m d s *

28. Land for Federal Facilities. It w i l l furnish without cost to the Federal Government f o r use In connection with any air t r a f f i c con tso l ar air navegat io?l act ivik i e s , or weather-report.ing and comuaication ac t iv i t i e s related to a l r t r a 3 i c control, any areas of land or water, or estate therein, or r t g h t s in buildings of the sponsor as t he Secretary conside~s necessary or desirable for construction, operation, and mahtenance at Federal expense of space or f a e i l l t i e s for such purposes. Such areas or any portion thereof vr i l l be made available as provided herein wfthin four monbhs after receipt of a w r i t t e n request from the Secretary.

29. Atrport Layout Plaa. It a11 keep up 4x1 date at all times an a"irport layout plan of the a i rpor t showing ( 1 ) boundarfes of the airport and a l l proposed addit ions thereto, together with the bouadarLes of a l l offsite areas m e d OF controlled by the sponso~ for aipport purposes and proposed a d d i t i o n s thereto; (2) the location and nature af a l l existing and proposed airport. facil i t ies and structures (such as runways, taxiways, aprons, termlnal buildings, hangars and roads 1 , inc ludhg a l l proposed extenstons and reductfons of existing a5 rpnr t faeil it les; and 13) the locatton of all existing and proposed

FAA Form 510Q-100 (8-84)

nonav.lation areas and of all existfng improvements thereon. Such airport layout p l a n and each amendment, revZsion, or modiEfcatfon thereof, shall be subgect to the approval of the Secretary which approval shall be e~5denced by the stmature of a duly a u k h o r l z d representative of the Secretary on the face of the a i r p o r t layout plan. The sponsor w i l l not make or permi t any changes or al terat ions In the airport of in any of t t s facili t ies other than in conformity with the a l r p o r t Layout plan as so approved by the Secretary If such changes or altesations might adversely affect the safety, utility, or efficSency of the a i r p o r t .

30. Civil. It wfll com~ly with such rules as are promulgated t o assuse t ha t no person shall, on the grounds of race, creed, color, natlonal origfn, sex, age, o r handScap be excluded from part ic ipat ing In any act i r f ty conducted uith or benefit* from funds received from t h i s grant. This assurance obligates the sponsor for the period during Mfch Federal f inancial assfstance Ts extended to the program, except mere the Federal ffnancial assistance is to provide, or is in the form of personal property or real property or Tnkerest thereh or structures or improvenenta t-hereon, In whfch case the assurance obligates t he sponsor or any transferee f o r the longer of the following periods: (a) the period durtng which the pr0pert.y is used for a purpose for whf ch Federal f f nancia l assf stance is extended, or for another purpose Lnvolving the provision of s b i l a r rservices or beneff ts or (bE the perfod during whfch the sponsor r e t a b s ownership UP possesbton of the property.

FAA FOITI 5100-100 (8-8k)