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w to � <br /> Page 3 <br /> The following are a few of many factors to be considered in formulating <br /> through the fence agreements : <br /> a. The agreement must require the same basic terms and con- <br /> . ditiona which now apply to the "on airport FBO", that is, <br /> they are not more favorable to those provided to other FBO's . <br /> For example , if the existing FBO(e) has a lease based on gross <br /> receipts, then the proposed FBO(s) should not be charged on a <br /> tie-down basis . <br /> b . If the basic entry fee varies from parcel to parcel , then it <br /> should be specifically stated in the agreement. If it is <br /> for location, then this should be specifically stated in the <br /> agreement . <br /> C . If rhe airport is obligated to comply with 49 CFR Part <br /> 23 requirements (Minority Business Enterprise) as a result <br /> of the receipt of recent ADAP grants , then these require- <br /> ments prohibit long term exclusive agreements to non-MBE ' s <br /> providing services, etc ., at the airport . For this purpose , <br /> FAA regards a long-term agreement as one exceeding five <br /> years or more. -Exemptions may be granted on a case-by-case <br /> basis . Refer to the "MBE Program Kit for ADAP Recipients" <br /> previously provided to ADAP sponsors . <br /> d. The attached lease guide should be used in preparing all airport <br /> agreements . <br /> The Airports Field Office should be contacted on any proposed through-the-fence <br /> operation at obligated airports for further guidance on the required documentation <br /> for their review and approval . <br />