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operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood
<br />conditions. Any proposal to temporarily close the airport for nonaeronautical purposes must first be approved by the
<br />department. In furtherance of this assurance, the sponsor will have in effect arrangements for:
<br />(a) Operating the airport's aeronautical facilities whenever required;
<br />(b) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
<br />(c) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein
<br />shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow,
<br />flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be
<br />construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is
<br />substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the
<br />sponsor.
<br />(22) Hazard removal and mitigation. It assures that such terminal airspace under the appropriate category of
<br />Federal Air Regulation Part 77, 14 C.F.R. 77, as is required to protect instrument and visual operations to the airport
<br />(including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering,
<br />relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or
<br />creation of future airport hazards. Where hazards are on land owned by others, the sponsor will make every effort to
<br />coordinate with owners to mitigate airport hazards.
<br />(23) Compatible land use. It shall, either by the acquisition and retention of property interest, in fee or easement,
<br />or by seeking enforcement of local zoning action, prevent the construction of any object which may constitute an
<br />incompatible land use such as residential encroachment, wildlife attractants, uses that emit smoke, steam, glare, or
<br />electromagnetic interference, and height hazards. Sponsor will take proactive measures to discourage incompatible
<br />land uses adjacent to the airport, to include a formal consultation with local jurisdictions on land use issues, and
<br />support and/or recommend land use regulations consistent with WSDOT best management practices found in
<br />WSDOT's Airports and Compatible Land Use Guidebook.
<br />(24) Economic nondiscrimination.
<br />(a) It will make the airport available as an airport for public use and without discrimination to all types, kinds and
<br />classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the
<br />airport.
<br />(b) In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is
<br />granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services
<br />to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to:
<br />(i) Furnish said services on a reasonable, nondiscriminatory, basis to all users thereof; and
<br />(ii) Charge reasonable, and nondiscriminatory, prices for each unit or service, provided that the contractor may be
<br />allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to
<br />volume purchasers.
<br />(c) Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as
<br />are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and
<br />utilizing the same or similar facilities.
<br />(d) Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is
<br />authorized or permitted by the airport to serve any air carrier at such airport.
<br />(e) Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant)
<br />shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees,
<br />rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as
<br />are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to
<br />reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers.
<br />Classification or status as tenant or signatory shall not be unreasonably withheld provided an air carrier assumes
<br />obligations substantially similar to those already imposed on air carriers in such classification or status.
<br />(f) It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation
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