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AC 150/5300-4B 6/24/75 <br />terms which guarantee an exclusive monopoly. If the airport is <br />owned by a public agency, it should realize that any exclusive <br />right to conduct an "aeronautical activity" will make the public <br />agency ineligible for various forms of potential Federal assistance <br />listed below. Federal law prohibits the grant of an exclusive <br />right to conduct an aeronautical activity at any airport on which <br />Federal funds have been expended. However, there are alternate <br />legal means of giving adequate protection to a commercial aero- <br />nautical enterprise at a public airport. Advisory Circular <br />150/5190-1, Minimum Standards for Commercial Aeronautical Activities <br />on Public Airports, describes in detail how an airport owner may, <br />and should, enforce standards of quality and levels of service, <br />including capital equipment. Such standards are very effective in <br />excluding marginal or irresponsible competitive operations,and <br />there should be no compelling reason to lease airport facilities <br />on an exclusive basis. The legal prohibition against airport <br />monopolies does not apply to nonaeronautical activities such as <br />restaurants, taxicabs, limousines, etc. <br />d. In negotiating a lease of airport premises,it would seem desirable <br />to keep in mind the nature of the rights and privileges to be <br />conferred for the rentals or other consideration to be paid. <br />Usually an aeronautical enterprise seeks: <br />Page 82 <br />(1) The lease of specified premises for as long a term as it can <br />hope to get. <br />(2) The right to conduct at those premises a wide range of activi- <br />ties with as little restriction thereon as possible. <br />(3) The rights, for itself and its customers, to use in common with <br />others the runways, taxiways, and other public facilities of <br />the airport. <br />A good lease will reflect thoughtful consideration of each of these <br />objectives. For example: <br />(1) The lease of land or specific premises will be for a term long <br />enough to amortize the investment to which the tenant will be <br />committed. It will be for a firm rental rate. It will <br />clearly spell out the respective housekeeping and insurance <br />responsibilities of each party. If renewal options are con- <br />templated there may be provision for the airport owner to ter- <br />minate the lease upon reimbursing the tenant for the unamor- <br />tized value of installed improvements. Above all,it will be <br />consistent with the master plan for phased airport development <br />and land use. <br />Chap 13 <br />Par 70 <br />
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