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operating aircraft on the airport from performing any services on its own aircraft with its own employees (including,
<br />but not limited to, maintenance, repair, and fueling) that it may choose to perform. In the event the sponsor itself
<br />exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the
<br />same conditions as would apply to the furnishing of such services by commercial aeronautical service providers
<br />authorized by the sponsor under these provisions.
<br />(g) The sponsor may establish such reasonable, and nondiscriminatory, conditions to be met by all users of the
<br />airport as may be necessary for the safe and efficient operation of the airport. The sponsor may prohibit or limit any
<br />given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the
<br />airport or necessary to serve the civil aviation needs of the public.
<br />(25) Exclusive rights. It will not grant exclusive right for the use of the airport to any person(s) providing, or
<br />intending to provide, aeronautical services to the public. For purposes of this subsection, the providing of the services
<br />at an airport by a single fixed -based operator shall not be construed as an exclusive right if the following apply:
<br />(a) It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide
<br />such services;
<br />(b) If allowing more than one fixed -based operator to provide such services would require the reduction of space
<br />leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further
<br />agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at
<br />the airport to conduct any aeronautical activities including, but not limited to, charter flights, pilot training, aircraft
<br />rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations,
<br />aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other
<br />aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because
<br />of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will
<br />terminate any exclusive right to conduct an aeronautical activity existing at such an airport before the grant of any
<br />assistance under RCW 47.68.090; and
<br />(c) It has received approval from the department.
<br />(26) Fee and rental structure. It will maintain a competitive fee and rental structure for the facilities and services
<br />at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the
<br />particular airport, taking into account factors such as the volume of traffic and economy of collection. No part of the
<br />state share of an airport development or airport planning project for which a grant is made under RCW 47.68.090
<br />shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.
<br />(27) Airport revenues. All revenues generated by the airport and any local taxes established after December 30,
<br />1987, on aviation fuel, will be expended by it for the capital or operating costs of the airport; the local airport system;
<br />or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and
<br />substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or
<br />off the airport. The following exceptions apply to this subsection:
<br />(a) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of
<br />the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's
<br />financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the
<br />airport, to support not only the airport but also the airport owner or operator's general debt obligations or other
<br />facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport,
<br />local taxes on aviation fuel) shall not apply.
<br />(b) If the department approves the sale of a privately owned airport to a public sponsor and provides funding for
<br />any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale
<br />shall not apply to certain proceeds from the sale. This is conditioned on repayment to the secretary by the private
<br />owner of an amount equal to the remaining unamortized portion (amortized over a twenty-year period) of any airport
<br />improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996,
<br />plus an amount equal to the federal share of the current fair market value of any land acquired with an airport
<br />improvement grant made to that airport on or after October 1, 1996.
<br />(c) When requested by the department, the sponsor will obtain an audit that will review, and the resulting audit
<br />report will provide an opinion concerning, the use of airport revenue and taxes, and indicate whether funds paid or
<br />transferred to the owner or operator were paid or transferred in a manner consistent with state law and any other
<br />applicable provision of law, including any regulation promulgated by the secretary. Any civil penalties or other
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