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09/30/2009 5190.6B <br />Page 12-10 <br />fence” access. The inability to correct such violations could result in an airport losing its <br />eligibility to receive Airport Improvement Program (AIP) grant funds. <br /> <br />(2). Access Agreement Provisions. Sponsors should consider the following provisions in <br />preparing an access agreement to grant a right of “through-the-fence” access: <br /> <br />(a). The access agreement should be a written legal document with an expiration date and signed <br />by the sponsor and the “through-the-fence” operator. It may be recorded. Airports should never <br />grant deeded access to the airport. <br /> <br />(b). The right of access should be explicit and apply only to the “through-the-fence” operation <br />(i.e., right to taxi its aircraft to and from the airfield). <br /> <br />(c). The “through-the-fence” operator shall not have a right to grant or sell access through its <br />property so other parties may gain access to the airfield from adjacent parcels of land. Only the <br />airport sponsor may grant access to the airfield, which should be consistent with Transportation <br />Security Administration (TSA) requirements. <br /> <br />(d). The access agreement should have a clause making it subordinate to the sponsor’s grant <br />assurances and federal obligations. <br />Should any provision of the access <br />agreement violate the sponsor’s grant <br />assurances or federal obligations, the <br />sponsor shall have the unilateral right to <br />amend or terminate the access agreement <br />to remain in compliance with its grant <br />assurances and federal obligations. <br /> <br />(e). The “through-the-fence” operator <br />shall not have a right to assign its access <br />agreement without the express prior <br />written approval of the sponsor. The <br />sponsor should have the right to amend <br />the terms of the access agreement to <br />reflect a change in value to the off- <br />airport property at the time of the <br />approved sale if the “through-the-fence” <br />access is to continue. <br /> <br />(f). The fee to gain access to the airfield <br />should reflect the airport fees charged to <br />similarly situated on-airport tenants and <br />aeronautical users. For example, landing <br />fees, ground rent, or tie-down fees paid <br />to the sponsor by comparable on-airport <br />aeronautical users or tenants to recover <br /> <br />If an airport sponsor chooses to grant “through-the-fence” <br />access, it should seek FAA review to ensure that its <br />decision will not result in a violation of its federal <br />obligations, either now or in the future. It has been the <br />FAA’s experience that airport sponsors find it difficult to <br />correct grant assurance violations that result from <br />“through-the-fence” access. The inability to correct such <br />violations could result in an airport losing its eligibility to <br />receive Airport Improvement Program (AIP) grant funds. <br />(Photo: FAA)