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HomeMy WebLinkAboutResolution - 474 - Grant Agreement - FAA - 190 Acres For ILS, Runway 26 LIA - 04/10/1980SMT:bs RESOLUTION #474 - 4/10/80 RESOLUTION RIC-bO o- BE.IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Q THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Agreement between the City of Lubbock and the United States of America, acting through the Federal Aviation Administration, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if 'fully copied herein in detail. Passed by the City Council this 10th day of April ,1980. i leim-a BELL McAI ister,-Mayor ATTEST: ;'velyn Gaff ar City Sec a ar Treasurer "APPROVED AS TO CONTENT: Marvin Coffee, Dir or of Aviation APPROVED AS TO FORM: Susan M..Tom, Assistant City Attorney Page 1 of 4 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 -Offer Date of Offer March 28, 1984 Lubbock International Project No. 6-48-0138-15 Contract No. DOT-FA80SW-8172 Airport TO: City of Lubbock, Texas (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated March 24, 1980 for a grant of Federal funds for a project for develop- ment of the Lubbock International Airport (herein called the "Airport"), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following -described airport development: Acquire land (fee title to Parcel No. 14, approximately 190 acres as shown on property map, Exhibit A; or other property interests satis- factory to the Administrator). sy4� all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 5100-13 PG. 1 (10-711 SUPERSEDES FAA FORM 1632 PG. 1 PAGE i t Page 2 of 4 pages ` NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701), and inconsideration o uf (a) the Sponsor's adoption and ratification of the representations and assurances contained in said r -"`Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND tes share of the allowable costs incurred in accomplishing the. AGREES to pay, as the United Sta Project, 90 percentum This Offer is made on and �ubject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $329,616. 2. The Sponsor shall: (a) begin accomplishment of the Project within one hundred (100) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51— 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; (c) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the Regulations, final determination as to the allowability of those . costs to which such semi- final payment relates will be made at the time of such semi-final payment. y; PAGE 2 " FAA FORM 5100-13 PG. 2 (7-72) I SUPERSEDES PREVIOUS EDITION page 3 a of 4 Pages 5. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 6. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of ebeforect unless April 30 this 1980, Offer has been accepted by the Sponsor on or or such subsequent date as may be prescribed in writing by the FAA. 7. It is understood and agreed that the Sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Administrator at all FAA technical facilities located on the Airport. It is further understood and agreed that Sponsor will provide, without cost, adequate land forthe purpose of lar fing ned all official vehicles of the FAA (g and privately when used for FAA business) necessary for the maintenance and operations of the FAA facilities on the Airport. Such land shall be adjacent to the facilities served. 8. The Sponsor will send a copy of all invitations for bids, advertised or negotiated, for concessions or other businesses at the Airport to the appropriate Office of Minority Business Enterprise (014BE) representative as identified by the FAA Regional Civil Rights Office. The Sponsor will disclose and make information about the contracts, contracting procedures and requirements available to the designated OMBE representative and minority firms on the same basis that such information is disclosed and made available to other organizations or firms. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invitations to bids. Compliance with the preceding paragraph will be deemed to constitute compliance bYthe Sponsor of the Officerequirements SecretaryCof 21 Appendix C(g)(1)(x)s Regulations Transportation. The Sponsor agrees to effectuate cthOfpurposes as amended,Section by assuring Airport and Airway Development A s that minority business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds provided under this agreement. For the purposes of this provision, "minority business enterprise" means a business enterprise that is owned by, or is controlled by, a socially or economically disadvantaged person or persons. Such disadvantage may arise from cultural, racial, religious, sex, national origin, chronic economic circumstances or background or other similar cause. Such persons may include, but are not limited to, blacks not of Hispanic origin; persons of Hispanic origin; Asians or Pacific Islanders; American Indians; and Alaskan natives. FAA Form 5100-13 SW SUP (3/80) ti page 3 a of 4 Pages 5. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 6. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of ebeforect unless April 30 this 1980, Offer has been accepted by the Sponsor on or or such subsequent date as may be prescribed in writing by the FAA. 7. It is understood and agreed that the Sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Administrator at all FAA technical facilities located on the Airport. It is further understood and agreed that Sponsor will provide, without cost, adequate land forthe purpose of lar fing ned all official vehicles of the FAA (g and privately when used for FAA business) necessary for the maintenance and operations of the FAA facilities on the Airport. Such land shall be adjacent to the facilities served. 8. The Sponsor will send a copy of all invitations for bids, advertised or negotiated, for concessions or other businesses at the Airport to the appropriate Office of Minority Business Enterprise (014BE) representative as identified by the FAA Regional Civil Rights Office. The Sponsor will disclose and make information about the contracts, contracting procedures and requirements available to the designated OMBE representative and minority firms on the same basis that such information is disclosed and made available to other organizations or firms. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invitations to bids. Compliance with the preceding paragraph will be deemed to constitute compliance bYthe Sponsor of the Officerequirements SecretaryCof 21 Appendix C(g)(1)(x)s Regulations Transportation. The Sponsor agrees to effectuate cthOfpurposes as amended,Section by assuring Airport and Airway Development A s that minority business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds provided under this agreement. For the purposes of this provision, "minority business enterprise" means a business enterprise that is owned by, or is controlled by, a socially or economically disadvantaged person or persons. Such disadvantage may arise from cultural, racial, religious, sex, national origin, chronic economic circumstances or background or other similar cause. Such persons may include, but are not limited to, blacks not of Hispanic origin; persons of Hispanic origin; Asians or Pacific Islanders; American Indians; and Alaskan natives. FAA Form 5100-13 SW SUP (3/80) Page 3b of 4' pages_ 9. This project and all work -performed thereunder is'subject to the Clean Air Act and the Federal Water Pollution Control Act. Accordingly, (a) The sponsor hereby .stipulates -that any facility to, be utilized in performance under the grant or to t benefit from the grant is not listed on the EPA 'List of Violating Facilitiess- (b) The sponsor agrees to comply with all the requirements of -Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and'all regulations issued thereunder. (c) The sponsor shall notify the FAA of the receipt of any communication from the EPA indicating that a facility.to be utilized for, performance of or benefit from the grantis under consideration to be listed on _ lit f Violating Facilities.- the EPA (d) The sponsor agrees that he will include or cause to be included in any contract or subcontract under the grant which exceeds $100,000 the criteria and requirements in these subparagraphs (a) through (d). 10. It is understood and agreed that, FAA approval of the project included in this Agreement is conditioned an the Sponsors compliance with applicable air and water quality, standards in operating the Airport and in accomplishing any construction hereunder; further, that failure to so comply may result in suspension, cancellation or termination of federal assistance under the Agreement. 11. It is understood and agreed that the term "Project Application" -wherever it appears in this Agreement, in Specifications or other documents constituting a part of this Agreement shall be deemed to mean the "Application for_Federal Assistance". 12. the federal government does not now plan or contemplate the construction of any structures pursuant to paragraph 27 of Part V Assurances of the Application for Federal Assistance attached hereto, and, therefore, it is understood and agreed that the Sponsor is under no obligation to furnish any areas or rights without cost to the federal goveXL ent under this Grant Agreement. However, nothing contained herein shall be construed as altering or changing the rights of the United States and/or the obligations of the sponsor under prior grant agreements to furnish rent-free space and/or cost-free areas for the activities specified'in such agreements.- FAA Form 5100=13 SW SUP (12/21/76) } 13. The airport development in set out and will be carried the property map attached. page 3c of 4 pages this project will be that hereinabove out as more particularly described on 14. The Sponsor shall: or cause to be incorporated in each bid or proposal (a) incorporate cont under the project the provisions for construction work form submitted by prospective rovisions prescribed by Section 600 •7(borl) and 60-1.8(b) of the Regulations issued by the Secretary (33 FR 78049 41 CFR part 60-1). (b) Comply with the provisions set for in Appendix I, attached . here 15. Assurance Number 18 of part V of the project app l. incorporated herein is amended by including at the end of the second sentence the following language: vincluding the requirement that (A) each air age directly in air transportatiouspurs ant carrier, authorized to engFederal AviationAct of 1958, such to Section 401 or 402 of the iation and substantially g airport shall be subject to nondiscriminatory comparable rates, fees, rentals, and other charges com l and nondiscriminatory P applicable to all such air carr iers which maectke stoilar conditions as are use of such airport and which utilize similar facilities, subja cargo flights, and such classification reasonable classifications such as tenants or nontenants, and combine passenger and cargo flights or all g anysponsor or status as tenant stealassumeeobligationsunreasonably substantially similar to provided an air carrier each fixed base those already imposed on tenant air caorteshallrss nbe subject to the same operator using a general aviation amps as are uniformly applicable to rates, fees, rentals, and other charges operators making the same or similar uses of such all other fixed base op above Provision (A) airport utilizing the same or similar any lease:rother contract shall not require the reformation of anY above entered into by a sponsor before July 129 1976. othericontract shall not require Sponsorreformation Julyany s 1975." entered into by 6 It is understood and agreed that no part of the federal'share of an 1 project ect for which a grant is made under the Airport airport development p j as amended (49 U.S.C. 1701 et seq.), and Airway Development Act of 1970, or under the Federal Airport Act, ainaesteblishi ged (49 •fees,lrates, an •)� shall be included in the rate base charges for users of the airport. -_ . ,, ...... wi nn -13 SW EJP 2-80 , Page 3d of 4 pages 17. It is understood and agreed by the Sponsor that, with respect to the lands acquired or to be acquired under this project in fee simple title for clear zone purposes or for protection par ?7 of the Federalhe surfaces defined in Section 77. 25, Subpart, Aviation Regulations, it will clear or have cleared such lands of existing structures designated by structuresthe Administrar for thereon other than vsucal h d will not permit any per ids to air navigation and those structures as are necessary for a expected by the Administrator. Page 4 of 4 pages 'tion Application The Sponsor's acceptance of this Offer an Xecutionratificatof thiion sinsrrument Sponsor.bytthe Paherein- incorporated herein shall be evidenced by after provided, and said Offer and Acceptance shall comprise Gthe obligations and provided the the Airport and Airway Development Act of 1970, United States and the Sponsor with respect to the accomsha11 become effectilishment of the vc`upon the Sponsor's and maintenance of the Airport. Such Grant Agreement the acceptance of this Offer and shall remain in full foventrce anotnd eto to ct twenty lyears from f eP from thedate facilities developed under the Project but in any e of said acceptance, provided, however, that this time limitation shall not apply to real property acquired with federal assistance, UNITED STATES OF AMERICA FEDERAL VI ON ADMI TRATION $yChief,, p,lbuquerque.Airp.. s District Office (TITLE Part 11 -Acceptance The Sponsor named immediately below does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred tointhe terms oingand cOffer iond does fhereby accept said Offer and by such acceptance agrees to all /;n51, t,/, .... day of , 19� Executed this........ • • • ' • „Cityof Lubbock, Texas , , , .... . (SEAL) ame of S nr ............... By . . Attest:. . .. • • • Title Mayor • • - Title-... CE RTIFICATE OF SPONSOR'S ATTORNEY, submitted pursuant to section 16(h) of the Airport and Airway Development Act of 1970, as amended. I, acting as Attorney for the above named Sponsor, do hereby certify that I have examined the foregoing Grant Agreement and the p g said en by said Sponsor relating thereto, and find that the Acceptance 'thereof by Sponsor has been duly autharineaccordance withand that the etheulaws ofethis State,is in aand ll respects due and proper an al _ further that, in my opinSponsaid sor utes binding obligation of the inaccordance withthe Dated this /V may of 19 . City Attorney Title FAA Form 5100-13 (10-71) ASWRO (Dec/78) OMB Approval No. 29-RO212 424-101 STANDARD FORM 424 PACE 1 (10-75) Pracrood by GSA. Federal Ato"Peateat Circular r4 -r FEDERAL ASSISTANCE 2. APPLI• a. NUMBCR 3. STATE a. HUMBER CANTS APPLI• LIA-1980-01 APPUCA• TION IDENTI• TX 00202008 1. TYPE PREAPPLICATlON OF b. DATE b. DATE Year awnth stay ACTION APPLICATION CATION mo 19 1 FIER ASSIGNED 19 •80 2 12 (Mark cap• NOTIFICATION OF INTENT (Dai) Lease pr�o;riats ❑ REPORT OF FEDERAL ACTION Blank 4. LEGAL APPLICANT/RECIPIENT 5. FEDERAL EMPLOYER IDENTIFICATION NO. a. Applicant Name ; City of Lubbock 75-6000590 b. Organization knit , Lubbock International Airport C. strad/P.O. So:Route 3 - Box 389 • IL PRO - a. NUMBER ! 21 0,. Ill 0121 b. TITLE J. City ;Lubbock .County ;Lubbock GRAM f. State ; Texas ll.lip Coag; 79401 (From Federal ADAP It. Contact person (Nacre Marvin W. Coffee (806) 762-3929 Catalog) & tatephons No.) t 7. TITLE AND DESCRIPTION OF APPLICANT'S PROJECT S. TYPE OF APPLICANT/RECIPIENT Acquisition of land required for new ILS A-Stste H -Community ActionApenvy B -Interstate I- higher Educational institution C-Substate to be installed on Runway 26 )- Indian Tribe c K-other (Specify): D-Distri 0untE-City F- StDistrict G -Special Purpose District Enter appropriate letter 9. TYPE OF ASSISTANCE A -Basic Gant O -Insurance B -Supplemental Great E -Other Enter appro- wn r C -Lean yriats kttsr(s) 10. AREA OF PROJECT IMPACT (Names of cities, counties. 11. ESTIMATED NUM- 32. TYPE OF APPLICATION Stares, ate.) BER OF PERSONS A -New C -Revision E -Augmentation Lubbock Count Y BENEFITING 214, 000 "answal D-Coatlnustion Enter latter appropriate 129 13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF: 15. TYPE OF CHANGE (For iso or iso) A -Increase Dollars F -Other (Specify): B -Decrease Dollars a. FEDERAL tt 329 616 .00 a• APPLICANT b. PROJECT 19th 19th C -lob. O -Dc realesso Duration NIA p -Decrease Duration APPLICANT 36 624 .00 E-Cancellstien e. STATE 00 16. PROJECT START 17. PROJECT DATE Y m th y GURAWN Enter appro- =41) d. LOCAL .DO 19 iSb 4 1 O Months priate 1, a. OTHER .00 10• ESTIMATED DAT TOO Year onanth day 19. EXISTING FEDERAL IDENTIFICATION NUMBER FEDERAL AGENCY ► 19 80 3 24 ADAP No. 6-48-0138-15 f. TOTAL s 366,240.001 2(L FEDERAL AGENCY TO RECEIVE REQUEST (Name. Cit S ) y� Rom 109A 21. REMARKS ADDED F Aviation Administration uue�ue. Ne O You p No 22. a. To the but of my knowledge and belief, b.It ageired by OMB Circular A-95 this soication was submitted, pursuant to Io. No re- Response data In this Prapplication/application an attuetcona therein, to appropriate clearinghouses end all responses are attacked: spowes attack" THE true and correct, the document has ban APPLICANT CERTIFIES duly authorized by the governing body at the applicant and the applicant will comply (1) South Plains Association of Governments ❑ THAT ► with the attached assurances It the Guist- a) ❑ ❑ once Is approved. (3) ❑ ❑ a. TYPED NAME AND TITLE b. SIGNATURE s DATE SIGNED TIFYING TPRFE Marvin W. Coffee Yea► *tom day ESENTA AVE Director of Aviation ��f 19 80 3 24 24. AGENCY NAME TION ar PPUCA- Yeswath day RECEIVED 19 26. ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE 28. FEDERAL APPLICATION IDENTIFICATION 29. ADDRESS 30. FEDERALGRAN ATION 31. ACTION TAKEN 32. FUNDING Year month day 34. Year swath day a. FEDERAL S .00 13 a. AWARDED 33. ACTION DATE 10- 19 STARTING DATE 19 b. APPLICANT 00 33. CONTACT FOR ADDITIONAL INFORMA. 36. Year swath day C3 b. REJECTED TION (Name and selepho" snmber) ENDING L RETURNED FOR a. STATE .00 DATE 19 d. LOCAL .00 37. REMARKS ADDED AYENDYENT a. OTHER .OD O d. DEFERRED f. TOTAL i .001 13 a. WITHDRAWN [) yes ONO 38. a. to taking agave action, any comments received from deoringhouso wan con- b. FEDERAL AGENCY A-95 OFFICIAL sidered. It agency response Is Itcs ander provisions of PVt 1. OMB Circular A-95, (Nasus and teispiwas so.) FEDERAL AGENCY It has beta or Is barns mads. A•95 ACTION 424-101 STANDARD FORM 424 PACE 1 (10-75) Pracrood by GSA. Federal Ato"Peateat Circular r4 -r DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority Rating Yes X No Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Name of Agency or Board — Yes X_ No' (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A•95? OMB NO. GO -R018, (Attach Comments) South Plains Association of Governments reply attached. —X Yes No Item 4. South Plains ssoC a— Does this assistance request require State local Name of A tion of Governments q q Approving A ency regional or other planning approval? Date March 11, 980 X Yes No Item 5. Is the proposed project covered by on approved comprehensive plan? X Yes Check one: State Local Regional No Location of plan __ F. x Lubbock, Texas Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Yes X No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land _ Yes X No Percent of Project _ Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided. Yes X No Item 9. Number of: Will the assistance requested cause the displacement of Individuals individuals families, businesses, or farms? Families Businesses ---Yes X No Farms Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. Yes X No FAA Form 5100_100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 DEPARTMENT OF TRANSPORTATION — FEDERAL. AVIATION ADMINISTRATION OMB NO. 04•RO209 PART II : SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use.—The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Adopted Airport Hazard Zoning Ordinance Adopted Airport Master Plan 2. I►efaults.--The. Sponsor is not in default on any obligation to the United State. or any agency of the United State, Govern- ment relative to the development, operation, or maintenance of any airport, except as stated herewith: None . :I. Possible Disabilities.—There are no facts or circumstances (including the existence of effective or proix):,ed lea -e u agreements or other legal instruments affecting; use of the Airport or the existence of pending litigation or other legal proceeding-► which in reasonable probability might make it impossible for the Sponsor to carry out and complete the ProJ'ect or care out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: /- None 4. Land. -4a) The Sponsor hold: the following; properly interest in the following areas of land which are to he de%clopc-1 or used as part of or in connection with the Airport, all of which areas are identified on the aforementioned property map designated as Exhibit -V: (1) Fee simple title free and clear of any exception, encumbrance, or out- standing interest which would interfere with use of the land's surface or the airspace above it for (A) airport or air navigation purposes, or, when no longer needed for such purposes, for (B) any other purpose, use or disposition authorized or required by Attachment N to OMB Circular A-102, to See Attached Exhibit A (2) Easements to * Identify by TRACT/PARCEL/!M, and NMEER as shown in Ebchibit 'A". Ifnone', so state. No additional reference to Exhibit "A" needed, FAA Farm 5100-100 (4-76) Page 3a ASWRD (Jan/79 ) DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO. 04-80209 PART U - SECTION C. (Continued) The Sponsor further certifies That 1114. a11nnr is 11ased "n a tille examination I►y a qualified attorney or title compau% and that much attornev or tille comp.my has determined that the Sponsor holds the aloin proper(% interests. (11) The Sponsor will acquire within a reasona11le time, but in ally event prior to t11e start of any construction work under the Project, Ilse following prorrlerty interest in the following area• of land on whicli sucli construction work is to he perf►+ruic►I. all of which arca: are identified ►ui the aforcmcnlioncd property map desi;.mated as Ih:xlhi11it "A": (1) Fee simple title free and clear of any exception, encumbrance, or out- standing interest which would interfere with use of the land's surface or the airspace above it for (A) airport or air navigation purposes, or, when no longer needed for such purposes, for (B) any other purpose, use or disposition authorized or required by Attachment N to OMB Circular A-102, to * Parcel No. 14 as shown on Exhibit 'A' (2) Easements to * (c) The Sponsor will acquire within a reay►na11le time. and if feasible prior to the coin ►letioof all construction work under thr Project. the following propertl interest in the followim, area., of land which are to ln ie developed or used as pard of or in connection with the-lirport as it will he upon completion of the Project. all of whirl► area; are identified on the aforementioned property map designated as Exhibit (1) Fee simple title free and clear of any exception, encumbrance, or out- standing interest which would interfere with use of the land's surface or the airspace above it for (A) airport or air navigation purposes, or, when no longer needed for such purposes, for (B) any other purpose, use or disposition authorized or required by Attachment N to OMB Circular A-102, to * N/A (2) Easements to * 3. Exclusive Higlits. -There is no�rant of an exclusive rigl►t for thr conduct of any aeronautical activity at any airport owned or controlled 11y the sponsor except as f`dlows: None Identify by TRACT/PARCEL/LOT, and NICER as shorn in Exhibit "A". I "none", so state. No additional reference to Exhibit "A" needed. FAA Form 5100-100 (4-76) Page 3b ASWRO (Jan/79) DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION OMB NO. 90-RO104 PART III - BUDGET IN,FQRMATION,- CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No . ....... . . ... 20.102 2. Functional or Other Breakout ...... ........... , ADAP SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount _ Adjustment + or (-) 1. Administration expense S S S 3,500 2. Preliminary expense 3,380 3. Land, 351,360 4. Architectural engineering basic fees 4,000 5. Other architectural engineering fees 4,000 6. Project inspection fees —0- 7. Land development —0- 8. Relocation Expenses 9. Relocation payments to Individuals ana businesses —0- 10. Demolition and removal —0- 11. Construction and project improvement —0- 12. Equipment —0- 13. Miscellaneous —0- 14. Total (Lines 1 through 13) 366,240 15. Estimated Income (if applicable) —0- 16. Net Project Amount (Line 14 minus 15) 3615,12,40 17. Less: Ineligible Exclusions —0- 18. Add: Contingencies —0- 19. Total Project Amt. (Excluding Rehabilitation Grants) 366,240 20. Federal Share requested of Line 19 _(90%) 329,616 21. Add Rehabilitation Grants Requested (100 Percent) —0- 22. Total Federal grant requested (Lines 20 & 21) 329,616 23. Grantee share (10%) 36,624 24. Other shares —0- 25. Total project (Lines 22, 23 & 24) S $ S 366,240 FAA Form 5100-100 16 73) SUPERSEDES FAA FORM 6100 -10 PAGES 1 THRU 7 P—. A -a- P FEDERAL AVIAT16H ADMINISt0A' IDN SECTION C — EXCLUSIONS OMB NO. 80-R01!• Classification 26 Ineligible for Participation 1 Excluded from Contingency Provision 2 a.. None $ $ b, c. d e, f, I' g Totals E $ SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 21. Grantee Share $ 36,624 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies L Non Cash g. Other (Explain) h. TOTAL — Grantee share — Airport Revenue Reserve Fund 29. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL SECTION E — REMARKS S 36,624 36,624 PART IV PROGRAM NARRATIVE Attach — See Instructions FAA Form 5100.100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page S FAA AC 75-0232 DEPARTMENT OF TRANSPORTATION • FEDERAL AVIAT1dN AD IINISTRATION ' PART V ASSURANCES The applicant hereby assures and certifies that he will comply with the regulations, policies, guidelines and requirements, including Office of Management and Budget Circulars Nos. A-87, A-95, and A-102, as they relate to the application, acceptance and use of Federal funds for this federally -assisted project. Also, the applicant gives assurance and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolu- tion, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all under- standings and assurances contained therein, and directing and authorizing the person identified as the official repre- sentative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with the provisions of: Executive Order 11296, relating to evaluation of flood hazards, and Execu- tive Order 11288, relating to the prevention, control, and abatement of water pollution. 3. It will have sufficient funds available to meet the non - Federal share of the cost for construction projects. Suffi- cient funds will be available when construction is com- pleted to assure effective operation and maintenance of the facility for the purposes constructed. 4. It will obtain approval by the appropriate Federal agency of the final working drawings and specifications be- fore the project is advertised or placed on the market for bidding; that it will construct the project, or cause it to be constructed, to final completion in accordance with the application and approved plans and specifications; that it will submit to the appropriate Federal agency for prior ap- proval changes that alter the costs of the project, use of space, or functional layout; that it will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the construction grant pro- grams) have been met. 5. It will provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work con- forms with the approved plans and specifications; that it will furnish progress reports and such other information as the Federal grantor agency may requite. 6. It will operate and maintain the facility in accordance with the minimum standards as may be required or pre- scribed by the applicable Federal, State and local agencies for the maintenance and operation of such facilities. 7. It will give the grantor agency and the Comptroller Gen- eral through any authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. 8. It will require the facility to be designed to comply with the "American Standard Specifications for Making Build- ings and Facilities Accessible to, and Usable by, the Physi- cally Handicapped," Number All 17.1-1961, as modified (41 CFR 101.17.703). The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 9. It will cause work on the project to be commenced with- in a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and that the project will be prosecuted to completion with reasonable diligence. 10. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Fed- eral interest or while the Government holds bonds, which- ever is the longer. 11. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participa- tion in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is pro. vided or improved with the aid of Federal financial assis- tance extended to the Applicant, this assurance shall obli- gate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or bene. fits. 12. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the ap. pearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 13. It will comply with the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons dis- placed as a result of Federal and federally assisted pro- grams. 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative re- quirements approved in accordance with Office of Manage- ment and Budget Circular No. A• 102. 15. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 16. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution em- ployees of State and local governments. FAA Form 5100-100 I6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 page DEPARTMENT OF TRANSPORTATION. FEDERAo. AViAT1ON 46MIN(3TRATION SPONSOR ASSURANCES 17. These covenants shall become effective upon acceptance by the Sponsor of an offer of Federil aid for the Project or any portion thereof, made by the FAA and shall constitute a part of the Grant Agreement thus formed. These covenants shall remain in full force and effect throughout the useful life of the facilities developed under this Project, but in any event not to exceed twenty (20) years from the date of said acceptance of an offer of Federal aid for the Project. How. ever, these limitations on the duration of the covenants do not apply to the covenant against exclusive rights or to real property acquired with Federal assistance. Any breach of these cove- nants on the part of the Sponsor may re- sult in the suspension or termination of, or refusal to grant Federal assistance un- der FAA -administered programs, or such other action which may be necessary to en- force the rights of the United States under this agreement. 18. The Sponsor will operate the Airport as such for the use and benefit of the public. In furtherance of this covenant (but without limiting its general applicability and effect), the Sponsor specifically agrees that it will keep the Airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without discrimination between such types, kinds, and classes. Provided; That the Sponsor may establish such fair, equal, and not unjustly discrimina- tory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Air- aort: And Provided Further, That the Sponsor may pro- hibit or limit any given type, kind, or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil avia- tion needs of the public. 19. The Sponsor— a. Will not grant or permit any exclusive right for. bidden by Section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349(a)) at the Airport, or at any other airport now owned or controlled by it; b. Agrees that, in furtherance of the policy of the FAA under this covenant, unless authorized by the Administra. tor, it will not, either directly or indirectly, grant or per- mit any person, firm or corporation the exclusive right at the Airport, or at any other airport now owned or con. trolled by it, to conduct any aeronautical activities, in. cluding, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier op- erations, aircraft sales and services, sale of aviation petro- leum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity. c. Agrees that it will terminate any existing exclusive right to engage in the sale of gasoline or oil, or both, granted before July 17, 1962, at such an airport, at the earliest renewal, cancellation, or expiration date applicable to the agreement that established the exclusive right; and d. Agrees that it will terminate any other exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under the Airport and Airway Development Act. 20. The Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable FAA Form 5100-100 (4-76) ASWRO (Dec/78) oma No. 04-1110209 terms, and without unjust discrimination. In furtherance of the covenant (but without limiting its general applicability and effect), the Sponsor specifically covenants and agrees: a. That in its operation and the operation of all facilities on the Airport, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race. color, creed, or national origin in the use of any of the facilities provided for the public on the Airport. b. That in any agreement, contract, lease, or other ar- rangement under which a right or privilege at the Airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the Sponsor will in- sert and enforce provisions requiring the contractor: (1) to furnish said service on a fair, equal, and not unjustly discriminatory basis to all users thereof. and (2) to charge fair, reasonable, and not unjustly dis- criminatory prices for each unit or service; Pro- vided, That the contractor may be allowed to make reasonable and nondiscriminatory discount.%, re- bates, or other similar types of price reductions to volume purchasers. e. That it will not exercise or grant any rightor priv- ilege'which would operate to prevent any person, firm or corporation operating aircraft on the Airport from per- forming any services on its own aircraft with its own employees (including, but not limited to maintenance and repair) that it may choose to perform. A. In the event the Sponsor itself exercises any of the rights and privileges referred to in subsection b, the serv- ices involved will be provided on the same conditions as would apply to the furnishing of such services by con. tractors or concessionaires of the Sponsor under the pro- visions of such subsection b. 21. Nothing- contained herein shall be construed to pro- hibit the granting or exercise of an exclusive right for the furnishing of nonaviation products and supplies or any serv- ice of a nonaeronautical nature or to obligate the Sponsor to furnish any particular nonaeronautical service at the Airport. 22. The Sponsor will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the Airport other than facilities owned or controlled by the United States, and will not permit any activity thereon which would interfere with its use for air- port purposes: Provided. That nothing contained herein shall be construed to require that the Airport be operated for aeronautical uses during temporary periods when snow, flood, or other climatic conditions interfere with such opera- tion and maintenance; And Provided Further, That nothing herein shall be construed as requiring the maintenance, re- pair, restoration or replacement of any structure or facility, which is substantially damaged or destroyed due to an act of God or other condition or circumstance heyond the con- trol of the Sponsor. In furtherance of this covenant the Sponsor will have in effect at all times arrangements for: s. Operating the airport's aeronautical facilities when- ever required. b. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions, and c. Promptly notifying airmen of any condition affecting aeronautical use of the Airport. Pog• 7 DEPARTMENT OF TRANSPORTATION - FEQERI►L. AVIATIC14 ADMINISTRATION 23. Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition and retention 'of ease- ments or other interests in or rights for the use of land or airspace or by the adoption and enforcement of zoning regu- lations, prevent the construction, erection, alteration, or growth of any structure, tree, or other abject in the ap proach areas of the runways of the Airport, which. wpuld constitute an obstruction to air navigation according to the, criteria or standards prescribed in Section 77.23, as applied to Section 77.25, Part 77 of the Federal Aviation lltegula- tions. In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future de- velopment of the Airport, in any portion of a runway ap- proach area irr which the Sponsor has acquired, or hereafter acquires, property interests permitting it to so control the use made of the surface of the land. 24. Insofar as it is within its power and reasonable, the Sponsor will, either -by the acquisition and retention of easements or other interests in orrights for the use of land or airspace or by the adoption and enforcement of zoning regulations, take action to restrict the use of land adjacent to or in the immediate vicinity of the Airport to activities and purposes compatible with normal airport operations in- cluding landing and takeoff of aircraft. 25. The Sponsor will keep up to date at all times an airport layout plan of the Airport showing (1) the boundaries of the Airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Sponsor for airport purposes, and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport fa- cilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification thereof, shall be subject to the approval of the FAA, which approval shall be evidenced by the signature of a duly authorized representative of the FAA on the face of the airport layout plan. The Sponsor will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the airport layout plan as so approved by the FAA, if such changes or alterations might adversely affect the safety, utility, or efficiency of the Airport. OMi Np. OhRO20Y (the total movements of government aircraft multiplied by gross certified weights of such aircraft) is in excess of five million pounds. 27. Whenever so requested by the FAA, the • Sponsor will furnish without cost to the Federal Government, for con- struction, operation, and maintenance of facilities' for air traffic control activities, or weather reportfnit activities and communication activities related to air traffic control, such areas of land or water, or estate therein, of rights in build. ings of the Sponsor as the FAA may consider necessary or desirable for construction at Federal expense of space or fa- cilities for such purposes. The.approximate amounts of areas and the nature of the property interests and; or rights so required will be set forth in the Grant Agreement relating to the Project. Such areas or any portion thereof will be made available as provided herein within d months after receipt of written request from the FAA. 28. The airport operator or owner will maintain a fee and ' rental structure for the facilities and services being provided the airport users which will make the Airportls3 self-sustain- ing as possible under the circumstances existing at, the Air- port, taking into account such factors as the volume of traffic and economy of collection. 29• The Sponsor will furnish the FAA with such annual or special airport financial and operational reports as may be reasonably requested. Such reports may be submitted on forms furnished by the FAA, or may be submitted in such manner as the Sponsor elects so long as the essential data are furnished. The Airport and all airport records and docu- ments affecting the Airport, including deeds, leases, operation and use agreements, regulations, and othei"instruments, will be made available for inspection and audit by the Secretary and the Comptroller General of the United States, or their duly . authorized representatives, upon reasonable request. The Sponsor will furnish to the FAA or to the General Ac- counting Office, upon request, a true copy of any such document. 30. All project accounts and records will be kept in ac- cordance with a standard system of accounting if so pre- scribed by the Secretary. �1. If at any time it is determined by the FAA that there is any outstanding right or claim of right in or to the Airport pproperty, other than those set forth in Parp II, paragraphs 4(a),4(b), and 4(c), the existence of which creates an un- due risk of interference with the operation of the Airport or 26. All facilities of the Airport developed with Fegergl aid thgg performance of the covenants of this pa t. the Sponsor and all those usable for the' iandtht,'and taking• ort' o , air- � will acquire, extinguish, or modify such MOVer elstm`'of craft, will be available to the United States at all times, with- right in a manner acceptable to the FAA. out charge, for use by government aircraft in common with other aircraft, except that if the use by government aircraft is substantial, a reasonable share, proportional to such use, of the cost of operating and maintaining facilities so used, may be charged. Unless otherwise determined by the FAA, or otherwise agreed to by the Sponsor and the using agency, substantial use of an airport by government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the FAA, •would unduly interfere with use .of the landing area by other authorized aircraft, or during any calendar month that; a. Five (5) or more government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each land- ing as a movement and each takeoff as a movement) of government aircraft is 300 or more, or the gross accumu- lative weight of government aircraft using the Airport 32. The Sponsor will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the I covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency found by the FAA to be eligible under the Act and Regulations to assume such obligations and having the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for management or operation of the Airport by any agency or person other than the Sponsor or an employee of the Sponsor, the Sponsor will reserve sufficient rights and authority to insure that the Airport will be operated and maintained in accordance with the Act, the Regulations, and these covenants. 33• Unless the context otherwise requires, all terms used in these covenants which are defined in :the Act and the Regulations shall have the meanings assigned to them therein. 34. The sponsor will provide for an indepen- dent audit of this grant project to be made in accordance with the audit requirements of Attachment P of Office of Management and Budget Circular A-102, and will submit the final audit report to the FAA with the request_,.for final payment under the grant: FAA Form 5100-100 (4-76) (ASM 1/80) Page 8 DEPARTMENT OF ZR,NSFOR'IAAT33N - Federal Aviation Administration 35. The sponsor will conduct its programs and operate its facilities in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and will assure that no qualified handicapped person shall, solely by reason of his or her handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment, under any program or activity that receives funds or benefits from this grant. The sponsor further assures that its programs will be conducted and its facilities operated, in compliance with all the requirements imposed by or pursuant to 49 CFR Part 27. 36. (a)- The grantee assures that it will undertake an aff im ative action program, as required by 14 CFR Part 152, Subpart E, to ensure that no person small, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any employment, contracting, or leasing activities covered in 14 CFR Part 152, Subpart E. The grantee assures that no person shall be excluded, on these grounds, frau participating in or receiving the services or benefits of any program or activity covered by this subpart. The grantee assures that it will require that its covered organizations provide assurances to the grantee that they similarly will undertake affirmative action programs and that they will require assurances frau their�suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. (b) The grantee agrees to comply with any affirmative action plan or steps for equal employment opportunity required by 14 CFR Part 152, Subpart E, as part of the affirmative action program, or by any Federal, State, or local agency or court, including those resulting from a conciliation agreement, a consent decree, court order, or similar mechanism. The grantee agrees that State or local affirmative action plans will be used in lieu of any affirmative action plan or steps required by 14 CFR Part 152, Subpart E, only when they fully meet the standards set forth in 14 CFR 152.409. The grantee agrees to obtain a similar assurance from its covered organizations, and to cause them to require a similar assurance of their covered suborganizations, as required by 14 CFR Part 152, Subpart E. FAA Form 5100-100 SW Sap (3/80) Page 9 CIVIL RIGHTS (Title VI) ASSURANCES Regarding Compliance With DOT Regulations Part 21 The City of Lubbock, Texas (hereinafter referred to as either "Sponsor" or "Airport Owner/Operator") HEREBY AGREES THAT AS A CONDITION to receiving any Federal financial assistance from the Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d, 42 U.S.C. 2000d-4 (hereinafter referred to as the "Act"), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of�Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination iri Federally -Assisted Programs of the Department of Transportation --Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the sponsor receives Federal financial assistance from the Department of Transportation including the Federal Aviation Administration and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a)(1) of the Regulations, a copy of which is attached. More specifically and without limiting the above general assurance, the sponsor hereby gives the following specific assurances with respect to the ADAP Project (hereinafter referred to as "the ADAP Project") covered by the Application to which this assurance is affixed. 1. That the sponsor agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by or pursuant to the Regulations. 2. That the sponsor shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with the ADAP Project and, in adapted form in all proposals for negotiated agreements: The "Airport Owner/Operator," in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 200(ij to 2000d-4 and Title 49, Code of Federal Regula- tions, Department of Transportation, Subtitle A& Office of the Secretary, Part 21, Nondiscrimination in Federally - assisted programs of the Department of Transportation Page 1 of 6 (ASWRO--Oct/77) issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 3. That the sponsor shall insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 4. That where the sponsor receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 5. That where the sponsor receives Federal financial assistance In the form, or for the acquisition of real property or an interest in Neal property, the assurance shall extend to rights to space on, over, or under such property. 6. That the sponsor shall include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the sponsor with other parties: (1) for the subsequent transfer of real property acquired or improved under the Airport Development Aid Program of the Federal Aviation Administration, and (b) for the construction of use of or access to space on, over, or under real property acquired, or improved under the said Airport Development Aid Program. 7. That this assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during Which the sponsor retains ownership or possession of the property. 6. The sponsor shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it,.other sponsors, subgrantees, contractors, subcon- tractors, transferees, successors in interest, and other participants Page 2 of 6 (ASWRO--Oct/77) of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. 9. The sponsor agrees that th (i -,.ted States has a right to seek judicial enforcement with regard to.-i,.y matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts, or other Federal financial assistance extended after the, date hereof to the sponsor by the Department of Transportation under the Airport Development Aid Program of the Federal Aviation Adminis- tration and is binding on it, contractors, subcontractors, transferees, successors in interest, and other participants in the ADAP Project. Formal submission of the Application for Federal Assistance to which this assurance is affixed shall constitute agreement to the terms hereof. ATTACHMENT 1 to Civil Rights (Title VI) Assurances During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulatirns, including employment practices when the contract covers a progr. . set forth in Appendix H of the Regulations. 3. So.l.i(:itations for Subcontracts, Including Procurements of Materials :ci Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed Page 3 of 6 (ASWRO--Oct/77) under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the sponsor or the Federal Aviation Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's nun(:ompliance with the nodiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but rat limited to -- a. withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncom- pliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. ATTACHMENT 2 to Civil Rights (Title VI) Assurances The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the "Airport Owner/ Operator" pursuant to the provisions of Assurance 6(a). Page 4 of 6 (ASWRO--Oct/77) The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that ir the event facilities are constructed, maintained, or otherwis.- :.perated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the ;(grantee, licensee, lessee, permittee, etc.) shall maintain and --operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office IV of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of covenants, "Airport Owner/Operator" shall the (license, lease, permit, etc.) and to land and the facilities thereon, and hold (licenses, lease, permit, etc.) had never (Include in deeds.)* the above nondiscrimination have the right to terminate re-enter and repossess said the same as if said been made or issued. That in the event of breach of any of the above nondiscrimination covenants, "Airport Owner/Operator" shall have the right to re-enter said lands and.facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of "Airport Owner/Operator" and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by "Airport Owner/Operator" pursuant to the provisions of Assurance 6(b). The (grantee, licensee, leasee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or th otherwise subjected to discrimination in the use of said facilities, (21 that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the sr ounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with all other Page 5 of 6 (ASWRO--Oct/77) requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, "Airport Owner/Operator". shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds.)* That in the event of breach of any of the above nondiscrimination ovenants, "Airport Owner/Operator" shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of "Airport Owner/Operator" and its assigns. *Reverter clause and related language to be used only when it is c1etermined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. 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Mn ii34fi Cts O'm s00 ••.O uar30 r SPONSCfit ASSURANCE TO ACCOWANY PROJECT APPLICATION DATED 3-24-80 }?ORACUM OF FUNDS FOR THE DEVELOP19MW OR, IMP'RMEMENT OF TRE �-ubbock'International AIRPORT 749ger ation of 11ghts Installed under Pedarally-assisted Preasms of thy. In order to furnish the assurances required by Part 152 of the-Tederal Aviation Regulations as smanded, the City of Lubbock; Texas (hereinafter called the "Sponsor")hereby covenants and agrees with the United :Mates (hereinafter called the "Government") as follows: Who Sponsor in tie operation and use of the Lubbock International Airport. acknowledges its awareness of the cost of operating and maintaining airport lighting and agrees to operate the Airport lighting installed (or to be installed under this project) throughout each night of the year. Noncompliance with the above assn ance# shall constitute a material breach, and in the event of such noncompliance the Government may take appropriate action to enforce compliance, may terminate the Grant Agreement to which this covenant relates, or seek judicial enforequent. . 3-24-80 (Date) City of Lubbock, Texas (Name of Sponsor) ; WW_ - !_ � � '�, ., , r� r SPONSCfit ASSURANCE TO ACCOWANY PROJECT APPLICATION DATED 3-24-80 }?ORACUM OF FUNDS FOR THE DEVELOP19MW OR, IMP'RMEMENT OF TRE �-ubbock'International AIRPORT 749ger ation of 11ghts Installed under Pedarally-assisted Preasms of thy. In order to furnish the assurances required by Part 152 of the-Tederal Aviation Regulations as smanded, the City of Lubbock; Texas (hereinafter called the "Sponsor")hereby covenants and agrees with the United :Mates (hereinafter called the "Government") as follows: Who Sponsor in tie operation and use of the Lubbock International Airport. acknowledges its awareness of the cost of operating and maintaining airport lighting and agrees to operate the Airport lighting installed (or to be installed under this project) throughout each night of the year. Noncompliance with the above assn ance# shall constitute a material breach, and in the event of such noncompliance the Government may take appropriate action to enforce compliance, may terminate the Grant Agreement to which this covenant relates, or seek judicial enforequent. . 3-24-80 (Date) City of Lubbock, Texas (Name of Sponsor) ; WW_ - !_ � � '�, ., , PRESIDENT Medlm Gnpenter Mdx y.Pt,T.-in City of Plainview iSl VICE PRESIDENT Alan Henry Mayor Pru lent City of I ubh.a k 2ND VICE PRhSIDI.NT H L " ItdC V.,uny JuJyr Di. ken. Cu.rrdy JRD VICE PRESIDEN I Eh,n J.rynvr .E,,d• j.. Ldmh Cuunly 4Th1 VICE PRESIDENT Pwrt MrUluhdms Cuy of Lubbix'k SECRETARY Cecil Sharbutt Councilman City al Ix%eNdnd TREASURER Herhert Che..hir Judd Terry C'uunty IMMEDIATE PAST PRESIDENT GI.•nn W Thoniy.,,ri Judj.• L. w hran Cuumy FXECUTAT I11HEC1()R Jerry D Ca.,te.en. GA 80-20 South Plains Association of Governments 1709 - 26th Street • Lubbock, Texas 79411 • 806/762-8721 March 11, 1980 Marvin W. Coffee Director of Aviation Lubbock International Airport Route 3 - Box 389 J Lubbock, Texas 79401 'r t I IV SUBJECT: SAI TX 00202008 - Airport Improvements Dear Mr. Coffee: On Tuesday, March 11,1980. the South Plains Association of Govern- ments' Board of Directors reviewed and C014MENTED FAVORABLY on the above -referenced application. The project is consistent with deve- lopment policies of the Regional Land Resources Management Plan and does not conflict with other regional and local plans. There are no adverse environmental problems with the proposal. You are to be commended on your application endeavors and a job well done. If we may be of further assistance, do not hesitate to contac this office. Sincerely, erry D. asstevens Executive Director JDC/SCC/mr xc: FAA, Albuquerque, N.M. Parkhill, Smith & CoopdK, Inc., Lubbock, Texas Mayor Dirk West, Lubbock, Texas r An Equal Opportunity Employer ►: ? CERTIFICATION AND ASSURANCE CONC EMING LAND ACQUISITION AND RELOCATION POLICIES UNDER THE UNIFORM REZOC'ATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ALT OF 1970 (URARPAPA) The City of Lubbock, Texas (hereinafter referred to as Spcnsorle) assures and certifies that it well cerrply with the following when acquiring or taking possession of any. interest in. land included in or used for the ADAP Project covered or to be covered by the Preapplicaticn (or Applicaticn)-for Federal Assistance to which this certification is affixed. 1(A) Pursuant to Sections 210 and 305 of the Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970 (PL 91-646); Part 25,.Regulations of the Secretary of Transportation, "Relocation Assistance and Land acquisition under Federal and Federally Assisted Programs" (49 CFR Part 25, 40 Fed. Reg.41040); the Regulations; and other applicable provisions of law --the terms used in this paragraph to have the meanings assigned to them under such Act and regulations: 1. Sponsor will provide fair and reasonable relocation pay- ments to displaced persons as required by Subparts E, F. and G of said Part 25; 2. Sponsor will provide relocation.assistance programs for. displaced persons offering the services described in Subpart D of said Part 25; 3. Sponsor will adequately inform the public of the relocation payments and services which will be available under Subparts D, E, F, and G of said Part 25; 4. Comparable replacement dwellings will be available, or ; provided if necessary, within a reasonable period of time before any person is displaced; 5. Sponsor will fully comply with Subpart I,of said Part 25; 6. Sponsor will adequately inform the public of the -acquisi- tion policies, requirements, and payments which will apply to the project with respect to any acquisition of real property to which said Part 25 and this agreement'apply; 7. When approval of the FAA is required before Sponsor may proceed with any phase of the Project and that phase will cause the displacement of any person Sponsor will prior to proceeding with that phase provide the FAA with written assurances satisfactory to the FAA that: Page 1 of 2 (ASWRD--Or-t/77) 2 1 (a) Based'oin a current survey and analysis of available replacement housing *and in consideration.of competing demands for that housing, comparable replacement dwellings will be available.: within a reasonable period of time prior -to displacement, equal in number to the displaced persons who require them; and (b) The-Sponsorts relocation 'program. is realistic an_d is adequate to provide orderly, timely, and efficient relocation at..- displaced Individuals and families to decent, safe, and sanitary b►ous= ing available to persons without regard to race, color, relirion, or national origin with minimum hardship to those affected. (B) With respect to every person who was displaced or from sa7zom real property was acquired after 1 January. 1971 *and who would have been entitled to any payments or relocation assistance purstiant to* the assurances in this agreement 'had this agreement been in effect at the time of such displacement or acquisitions Sponsor represents and undet•= takes as the -case may be:- (i) that such person has received or will receive all the payments and has' timely been or will be timely afforded all the assistance and advantages that would have accrued to him under p the provisions of this paragraph had he been dislreal to the date aced dr the property acquired or his entitlements as such tenant accrued. subsequent of this agreement; and (2) that Sponsor has timely performed or will timely perform all acts that would have been or would. -still be required of the sponsor had the assurances of this paragraph been appli: cable at the times identified in this paragraph, (C) Until and including i July 1972 the paragraph, 'other than subparagraph i A shall ll visions of le only - to the extentcthat Sponsor is able to complywith them-underb 1 rapplicable State law; after July 1972, such provisions shall be applicable in their entirety regardless of the extent to which Sponsor is'able to comply with them under applicable State law. Subparagraph f(A) WI shall be applicable to all times under this agreement, (D) The;obligation of the United States under this agreementto share in the allowable costs incurred by Sponsor under this paragraph shall be subject to all the pertinent and applicable provisions, limi- tations, and conditions contained in the laws and regulations referred to in this paragraph. Formal m1hdssion of the Preapplicatim (or Application) for ral Assistance to which this is affixed shall constitute Span 'Fed ree��nt to the terns hereof. Page 2 of 2 (AMM--Oct/77) - F. Y �I I W I 1 P P I 2 A •¢ a rev .f -- _" - --_ ._". ► 1 1 n S s r K 1 T I 1 _ a` r f ..y s^"`��; ��•�r�tr' f °rf f. f r.n �Fix G `i ri'S'n'`,J 3 c. e RuN WAY fa YMo t i'r`�c�.e r - r - r a RRA �i � r N r r _ J� r. ao p:0?:a a n Jfy Y C C GTh 7P J r 13 1 co rl co w°to W h 0 V to _cr ypllot- L7�77 r AA lil I0t +a} Ct4 v