HomeMy WebLinkAboutResolution - 011063D - Execute Grant Agreement - FAA - Project #9-41-071-0311 - 01_10_1963 I
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R E S O L U T I O N 4
5' WHEREAS, THE UNITED STATES OF AMERICA ACTING THROUGH THE
0 ASSISTANT ADMINISTRATOR OF THE FEDERAL AVIATION AGENCY) HAS MADE
A GRANT OFFER DESCRIBED AS LUBBOCK MUNICIPAL AIRPORT PROJECT No.
9-41-071--C 311, WHICH RELATES TO THE ACQUISITION OF ESTATES IN
LAND ftR -CLEAR ZONES PROTECTING THE NORTH/SOUTH INSTRUMENT RUNWAY
AND THE OPERATION AND THE MAINTENANCE OF AN APPROACH LIGHT SYSTEM
AT THE LUBBOCK MUNICIPAL AIRPORT, LUBBOCK COUNTY, TEXAS;
Nal THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LUBBOCK, TEXAS:
THAT IN CONSIDERATION OF THE OFFER ABOVE REFERRED TO COPY
OF WHICH GRANT AGREEMENT IS, ATTACHED HERETO AND MADE A PART HERE—
OF FOR ALL PURPOSES THE GOVERNING BODY OF THE CITY OF LUBBOCK
DOES HEREBY ACCEPT THE GRANT OFFER AND AGREES THAT THE GRANT
AGREEMENT HERETO ATTACHED CONSTITUTES THE AGREEMENT BETWEEN THE
UNITED STATES OF AMERICA AND THE CITY OF LUBBOCK, AND THE DIRECTOR ,
OF AVIATION IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE THE GRA14T
AGREEMENT FOR PROJECT N0. 9-41-071—C311 FOR AND ON BEHALF OF THE
CITY OF LUBBOCK# TEXAS*
ON MOTION OF COMMISSIONER M_CLARTFY , SECONDED BY COM—
MISSIONER _01MAR_A p THE FOREGOING RESOLUTION WAS DULY
PASSED THIS 10TH DAY OF JANUARY, 1963 BY THE FOLLOWING VOTE:
I
COMMISSIONERS VOTING AYE: MAYOR STRONG, COMMISSIONERS ALDERSON,
OtMARA, SIMPSON AND MCLARTY•
COMMISSIONERS VOTING NO: NONE
L`7 A K F. STRONG, MAYOR
EQft Approve
ATTEST:
City Attorney
AVNIA LowE, SEC TARY TR ASURER
Page 1 of5 pages
FEDERAL AVIATION AGENCY
GRANT AGREEMENT
Part I-Offer
Date of Offer JAN 7 190
Lubbock Xkaicipal Airport
Project No. 941-071-C311
Contract No. IPA $N-1208
TO: The City of Lubbock, Twa►s
(herein referred to as the 'Sponsor*)
FROM: The United States of America (acting through the Federal Aviation Agency;
herein referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated
September 14, 1962 , for a grant of Federal funds for a project
for development of the Lubbock Kinicipal 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 - reimbursement (svigatlon and approach light lam ease-
ments in and to Tracts D and = as shown on leap RChibit "A") or other
property interests satisfactory to the Administrator). (The airport
development to be accomplished, herein described, is in addition to
that oontaWlated or accomplished under the Grant Agreements between
the Sponsor and the United States for Projects No. 9-41-071-801,
9-41-071-002, 9-41-071-003, 9-41-071-204, 9-41-071-205, 9-41-T-506,
9-41-071-0707, 9-41-071-0608, 9-41-071-5809 and 9-41-071-5910.
all as more particularly described in the property map and plans and specifica-
tions incorporated in the said Project Application;
te-aaca7-s FORM FAA-1632 (10-59)
Page 2 of5 Pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of
the Federal Airport Act, as amended (49 U.S.C. 1101) , and in consideration
of (a) the Sponsor's adoption and ratification of the representations and assur-
ances contained in said 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 mainte-
nance of the Airport as herein provided, THE FEDERAL AVIATION AGENCY, FOR AND ON
BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United
States' share of the allowable costs incurred in accomplishing the Project,
75 per centum of the allowable costs of land acquired for ALS and 50 per centun
of all other allowable costs.
This Offer is made on and subject to the following terms and conditions:
1. The maximum obligation of the United States payable under this Offer
shall be $ 55,792•00•
2. The Sponsor shall:
(a) begin accomplishment of the Project within ninety (90) days
after acceptance of this Offer or such longer time as may be pre-
scribed 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 Federal Airport Act, and Sec-
tions 550.7 and 550.8 of the Regulations of the Federal Aviation
Agency (14 CFR 550) 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, or his duly
authorized representative.
3. The allowable costs of the project shall not include any costs deter-
mined by the FAA to be ineligible for consideration as to allowability
under Section 550.4(a) of the Regulations.
4. Payment of the United States' share of the allowable project costs will
be made pursuant to and in accordance with the provisions of Section
550.9 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 550.9(d) of the Regulations: Provided,
that, in the event a semi-final grant payment is made pursuant to Sec-
tion 550.9(c) of the Regulations, final determination as to the allow-
ability of those costs to which such semi-final payment relates will be
made at the time of such semi-final payment.
16--"957,3 FORM FAA-I632(*-W)
Page 3 of �) pages
5. The Sponsor shall operate and maintain the Airport as provided in the
Project Application incorporated herein.
6. The FAA reserves the right to amend or withdraw this Offer at any time
prior to its acceptance by the Sponsor.
7. This Offer shall expire and the United States shall not be obligated
to pay any part of the costs of the Project unless this Offer has been
accepted by the Sponsor on or before MMpph� 8 1963 or such
subsequent date as may be prescribed in Mt
by the FAA.
8- Pursuant to Paragraph 9, Part III of the Project Application dated
September 14, 1962, the Sponsor hereby covenants and agrees to furnish
the Federal Government without cost within four months after written
request therefor, such estates or interests in such land or rights in
buildings as are deemed necessary for the construction and operation on
the airport of the structures or facilities set forth below, provided
the respective areas of land and/or buildings deemed adequate by FAA
for such purposes are available without the necessity for srooving or
relocating other facilities and are within the geographic boundaries
of the airport at the time request therefor is made by the FAA; together
with ruts of readly access in and to such areas or buildings for con-
struction, occupancy and use and the right to connect to existing utilities
and to be furnished the utility service required to the extent of avail-
able capacity at no more than prevailing rates. The facilities or
structures involved and the maximum areas of land, or rights in buildings,
the Sponsor is obligated to furnish for each are as follows:
1 Air Traffic Control Tow*r - approximately 2 acres
2 Flight Service Station - approximately 2 acres
3 Remote Site - approximately 1 acre
It is further understood and agreed that nothing contained herein sball
in say way affect the ruts of the United States or obligations of the
Sponsor under prior Grant Agreements to furnish Rent Free Space for the
activities specified in such prior Agreements nor shall anything con-
tained herein be construed as obligating the Federal Government to con-
struct, occupy or operate a Control Toyer, Flight Service Station or
' Rmote Site at the airport.
9(a). It is further understood and agreed that the obligation of the United
States to pay 75 per centum of the allowable costs of land acquired for
AIB is applicable to and is expressly limited to the costs of acquiring
fee simple title or other property interests satisfactory to the Adminis-
trator in and to thoseportions of Tracts D and E which lie wig. a;. area
.400/32001 outward from the north end of the HIS Runway nn 2 ' on each
side of the extended runway centerline.
16-WDS7-3 FORM FAA-1632(to-99)
ftge 4 of S Armes
9(b). The sponsor boreby acrenants and agreas that it will not araat, axeroise,
or persdt the exercise of as exclusive rigbt for the conduct of Mw Sere-
nautical activity on the airport, except such occlusive right that is
permitted under MW surplus property instrusaant of transfer applireu:.a
to the airport, and that it will otherwise oogp3y xith all applicable
Lan cad with the policies of the Pedwal Aviation AgswW set forth in
27 Fedaml 1ogister TO%, A%4 25, 19W, vita respect to the oenQuet
of awmanutiaal activities on the airport.
9(c). It is mtusl]y umda tood and agreed that the approval and ozoeutim of
this E3rant AVmmsnt b®r the Assistant Amnisistrwtor, Southwest ftgi on,
is eoditioned upon and subject to the prior or s execution
sad acceptance bp► the ly—w r of Aneasdnemt so. 8 to the &aat A reeosnt
for Project 316. p-41-071-506, Oputraet No. CPeam"-A, and this Arent
Agreement shall be of no farce or effect until such execution and acceptance
of said Amendment Has been acoomplisbod.
1
FaM*-4-•f---pages
F+ge 5 of 5 Pages
The Sponsor's acceptance of this Offer and ratification and adoption of the
Project Application incorporated herein shall be evidenced by execution of this
instrument by the Sponsor, as hereinafter provided, and said Offer and Accept-
ance shall comprise a Grant Agreement, as provided by the Federal Airport Act,
constituting the obligations and rights of the United States and the Sponsor
with respect to the accomplishment of the Project and the operation and mainte-
nance of the Airport. Such Grant Agreement shall become effective upon the
Sponsor's acceptance of this Offer and shall remain in full force and effect
throughout the useful life of the facilities developed under the Project but in
any event not to exceed twenty years from the date of said acceptance.
U ED STATES OF AMERICA
ERAL IATI AGENC
By-- ---his__ _A 14W= redt4 - $west Region
(TITLE)
Part II-Acceptance
The City of Lubbock, Tome does hereby ratify and adopt all state-
ments, representations, warranties, covenants, and agreements contained in the
Project Application and incorporated materials referred to in the foregoing
Offer and does hereby accept said Offer and by such acceptance agrees to all of
the terms and conditions thereof.
Executed this _._.__ ._ I ? T H day of _____- J-A N u_A R_Y------------------ ---- - 19- r 1
TY OF IAJBBOCK, MW
(Name f on
BY -`
rI --- -- --- ------- -----------
(SEAL)) Title __- D 1 RECTOR OF A 1 A_ T 1 ON - _-
Attest:
Title: FF_
CERTIFICATE OF SPONSOR'S ATTORNEY
I, acting as Attorney for Ako_"t-SL01__
(herein referred to as the "Sponsor") do hereby certify:
That I have examined the foregoing Grant Agreement and the proceedings
taken by said Sponsor relating thereto, and find that the Acceptance thereof by
said Sponsor has been duly authorized and that the execution thereof is in all
respects due and proper and in accordance with the laws of the State of
_------- --__------_-----------_------.-, and further that, in my opinion, said Grant Agree-
ment constitutes a legal and binding obligation of the Sponsor in accordance
with the terms thereof.
Dated at _: _ B Q C K_s__T .ST___ this ?�+ day -- A N U A R Y
- - -_- 19 63.
--
�-- -------- '-------Title C 1 TYATTOREY \
U.N.GOV90NMENT PRINTING OFFICE 18-84957-8 FORM FAA-1632(10-59) -
Form approved.
UNITED STATES of AMEmA Budget Bureau No. i
FEDERAL AVIATION AGENCY
PROJECT APPLICATION
(For Federal Aid for Development of Public Airports) ,
Part I—PROJECT INFORMATION
The CCTV M lA004X& T"Aa (herein called
the "Sponsor") hereby makes application to the Federal Aviation Agency (hereinafter
called the "FAA"), for a grant of Federal funds pursuant to the Federal Airport Act
and the Regulations issued thereunder, for the purpose of aiding in financing a project
LlAFjj"aW";Jroject") for developm#nt of thedown qw,tynam
Airport (herein called the "Airport") located
in --- — — — — -- -- —— -
State of_ -- -- — — -- — -- -- - - -- — — r--•
It is proposed that the Project consist of the following-described airport devel-
opment:
OOMPLET6 ""ISMON 0/ ►AATIAL CLOW JOK "S APPOWN Lf"l L.ANC
FOR NOM S"TN (17-45) IftTMWUT R~y
f
as more narticularl described on the roerty map attached (hen to as E'd't
*,ADW
ib-
.4 -.. __ which are
u-wie a part hereof.
`Srnke our the inappropriate clause.
Form FM-1624(1-62) OBSOLETE PREVIOUS EDITION
1
WA SUMMARY OF THS SBTM=D OF _TjW
ESTIMATED ESTIMATED
•
TOT SPONSOR'S SHARE i FEDERAL SHARE
ITEM I ESTIMATALED OF COST OF COST
l
COST _
------j----- - ' - -- --- ; - -
AMOUNT i P T AMOUNT CENT
1 LAND ('MST$ _ 14
..$;9.5?. 21A87.65 C^ ' . {
t:A4i
2. CONSTRUCTION COSTS _Q.
`
3. ENGINEERING AND
SUPERYISION_CosTS I I..A2.911 `
4, eDMIaAATIVE 60STS1
__lam — � A .udri.ir�.'u<Yi.'..:Wrfu. w_=_f_...r.w...• • ..• n• Sji'"' -
5. Total of 2, 3, and 4
above 3 j,966.32 2,1.6 84- I ?,80(?. 8 1
. 6. CONTINGENCIES
7. ToTkL ALL 'STIMATED
PitojECT C05T5
(Items 1, 5, and 6) 78, 5.$4 P3;053.49 55,79^•35 rs
0
Part II—REPRESENTATIONS
Ttw Spomm hereby represents and certifies as follows:
{1. "V* ppot =�6w ow iegal power and authority: (1) to do
stir r.,weawwW is,*Ww to,wsdsetak.md vm'ywout tho PrrojbW JW AdW*nity
with the Act and the Regulations; (2) to accept, receive, and disburse greats
F1from the United States in aid of the Project, on the terms and conditions
. uidTD"of�NN4,ag;Aqn �t�)t *Y+A# GT•,rFP, YM% f
l Pusm a—The Sponsor now has on deposit, or is in a position to secure,
C ,2UMA -. - foir use In defiaying the coon" pf tb P�'4 � The present statust
}�!la�aiptO OW>,:
F ,
117
3. Approved lot 1&6JdeW4w19I Nj$ot ,f at bopi approved by all
non-Federal agencies whose approval is required, namely:
u��ME
4. Defaults.—The Sponsor is not in default on any obligation to she United
States or any agency of the United States Government relative to the developxuent,
operation, or maintenance of any airport, excepf as stated herewith:
M
NONE
5. Possible Disabilities,—There are no facts or circumstances (including the
existence of effective or proposed leases, use agreements, or other legal instruments
affecting use of the Airport or the existence of pending litigation or other legal pro-
ceedings) which in reasonable probability might make it impossible for the Sponsor
to carry out and complete the Project or carry out the provisions of Parts III and
IV of the Project Application, either by limiting its legal or financial ability or
otherwise, except as follows:
NONE
6. Landc—The Sponsor holds the following property interests in the following
areas of land which are to be developed or used as part of or in connection with
the Airport, subject to the following exceptions, encumbrances, and adverse interests,
all of which areas' are identified on the aforementioned property map designated as
Exhibit "A":
FCC SIMPLE TITLE To TRACTs Is is 3p 4i 5i A & B• AVICATION
Also Ltsw LANE EASQIM TRACTS $} 18 CA D do Es PROPERTY IRTER(m
ARE GVNjCCT To REITRICT10Ns OF THE SURPLvs PROPERTY TRANsrER
ft*WENT BETWEEN THE MAR AsstTs ADmIWIS,TRATION AND THE CITY OF
WI WI( BATED JANUARY 4s 1949,p AS AMENDED2 ON TRACTS is 2s 3i 4
A 6. ALL M ROP ERT 1 Es 10 TRACTS Is 3s 4s 5s Ss k'i--1 s Co D 4 E ARE
SUNJCCT TO THE COVENANTS CONTAINED IN GRANT AQREIMENTS BETWEEN
THE 11NITCD STATEs GOVERNMENT AND THE CITY OF LIIBSOCK FOR THE
DEVELOPNa1:NT AND IMPROVDIENT OF LtasOCK MUNICIPAL AIRPORT•
The Sponsor further certifies that the above is based on a title examination by a
qualified attorney or title company and that such attorney or 6-le company has
determined that the Sponsor holds the above property interests.
'State character of property interest in ea6 area and liar and identify for each all meptions,encumbrances,and adverse interests of every
kind and nature,including liens,easements,team,erc, 'Me separate efts of land need only be identified here by the area numberssfo A.,on
the property—P.
Form PM-1624(�-42) OBSOLETE PREVIOUS EDITION
3
I
1
w
4
Part III—SPONSOR'S ASSURANCES
In order to furnish the assurances required by the Act and Regulations the
Sponsor hereby covenants and agrees with the United States, as follows:
1. These covenants shall become effective upon acceptance by the Sponsor of an
offer of Federal 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 accept-
ance of an offer of Federal aid for the Project.
2. 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 applica-
bility and effect), the Sponsor specifically agrees that it will keep the Airport open
to all types, kinds, and classes of aeronautical use without discrimination between
such types, kinds, and classes: Provided, That the Sponsor may establish such fair,
equal, and not unjustly discriminatory conditions to be met by all users of the Air-
port as may be necessary for the safe and efficient operation of the Airport: And
Provided Further, That the Sponsor may prohibit or limit any given type, kind, or
class of aeronautical use of the Airport if such action is necessary for the safe oper-
ation of the airport or necessary to serve the civil aviation needs of the public.
3. The Sponsor will not exercise, grant, or permit any exclusive right for the
use of the Airport forbidden by Section 308 of the Federal Aviation Act of 1958.
In furtherance of this covenant (but without limiting its general applicability and
effect), the Sponsor specifically agrees that it will not either directly or indirectly
exercise, or grant to any person, firm or corporation, or permit any person, firm, or
corporation to exercise any exclusive right for the use of the Airport for commercial
flight operations, including air carrier transportation, rental of aircraft, conduct of
charter flights, operation of flight schools, or the carrying on of any other service
or operation requiring the use of aircraft.
4. The Sponsor agrees that it will operate the Airport for the use and benefit
of the public, on fair and reasonable terms, and without unjust discrimination. In
furtherance of this covenant (but without limiting its general applicability and
effect), the Sponsor specifically covenants and agrees:
a. That in any agreement, contract, lease, or other arrangement under
which a right or privilege at the Airport is granted to any person, firm,
or corporation to render to the public any service (including the furnishing or
sale of any aeronautical parts, materials, or supplies) essential to the operation
of aircraft at the Airport, the Sponsor will insert 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 discriminatory prices for
each unit or service: Provided, That the contractor may be allowed to
make reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers.
b. That it will not exercise or grant any right or privilege which would
operate to prevent any person, firm, or corporation operating aircraft on the
Airport from performing any services on its own aircraft with its own employees
(including, but not limited to, maintenance and repair) that it may choose to
perform.
c. In the event the Sponsor itself exercises any of the rights and privileges
referred to in subsection a, the services involved will be provided on the same
conditions as would apply to the furnishing of such services by contractors or
concessionaires of the Sponsor under the provisions of such subsection a.
5. Nothing contained herein shall be construed to prohibit the granting or
exercise of an exclusive right for the furnishing of nonaviation products and supplies
or any service of a nonaeronautical nature or to obligate the Sponsor to furnish any
particular nonaeronautical service at the Airport,
6. 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 con-
trolled by the United States, and will not permit any activity thereon which would
interfere with its use for airport 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 operation and maintenance; And Provided Further, That nothing herein
shall be construed as requiring the maintenance, repair, 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 beyond the control of the Sponsor.
7. Insofar as it is within its powers and reasonably possible, the Sponsor will,
either by the acquisition and retention of easements 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 object in the approach areas of the runways of the Airport, which
would.constitute an obstruction to air navigation according to the criteria or stand-
ards prescribed in Section A of FAA Technical Standard Order No. N18, dated
April 26, 1950, as amended. 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 development of the Airport, in any portion of a runway
approach area in which the Sponsor has acquired, or may hereafter acquire, property
interests permitting it to so control the use made of the surface of the land.
8. All facilities of the Airport developed with Federal aid, and all those usable
for the landing and taking-off of aircraft, will be available to the United States at
all times, without charge, for use by military and naval aircraft in common with
other aircraft, except that if the use by military and naval 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 military and naval aircraft will be considered to exist when operations of such air-
craft 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:
Form FAA-1624(1-62) OBSOLETE PREVIOUS EDITION
rJ
6
a. Five (5) or more military or naval aircraft are regularly based at the
airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement
and each take-off as a movement) of military or naval aircraft is 300 or more,
or the gross accumulative weight of military or naval aircraft using the Airport
(the total movement-, of military or naval aircraft multiplied by gross certified
weights of such aircraft) is in excess of five million pounds.
9. Whenever so requested by the FAA, the Sponsor will furnish without cost to
the Federal Government, for construction, operation and maintenance of facilities for
air traffic control activities, or weather-reporting activities and communication activi-
ties related to air traffic control,such areas of land or water,or estate therein, or rights
in buildings of the Sponsor as the FAA•may consider necessary or desirable for con-
struction at Federal expense of space or facilities 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 four months after
receipt of written request from the FAA.
10. 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 sub-
mitted 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 documents affecting the Airport, including deeds, leases, operation and use
agreements, regulations, and other instruments, will be made available for inspection
by any duly authorized representative of the FAA upon reasonable request. The
Sponsor will furnish to the FAA, upon request, a true copy of any such document.
11. The Sponsor will not enter into any transaction which would operate to
deprive it of an'v of the rights and powers necessary to perform any or all of` the
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 the 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.
12. The Sponsor will keep up to date at all times a master plan layout of the
Airport showing. (1) the boundaries of the Airport and of 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 run-
ways, taxiways, aprons, terminal buildings, hangars, and roads), including all pro
posed extensions and reductions-of existing airport facilities; and (3) the location o'
all existing and proposed nonaviation areas and of all existing impr,.'+emen'.
thereon. Such master plan layout, and each amendment, revision, or moc'ification
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 master
plan layout. The Sponsor will not make or permit the making of anN changes or
alterations in the Airport or any of its facilities other than in conformity with the master
plan layout as so approved by the FAA, if such changes Or alterations might adversely
affect the safety, utility, or efficiency of the Airport.
13. (a) The Sponsor will acquire within a reasonable time, but in any event
prior to the start of any construction work under the Project, the following prop-
erty interests in the following areas of land ' on which such construction work is to
be performed, all of which areas are identified on the property map which is
attached hereto and identified as Exhibit "A":
NONE
(b) The Sponsor will acquire within a reasonable time, and if feasible prior to
the completion of all construction work under the Project, the following property
interests in the following areas of land t which are to be developed or used as part
of or in connection with the Airport as it will be upon completion of the Project,
all of which areas are identified on the property map which is attached hereto and
identified as Exhibit "A":
NONE
14. 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 property, other than those set forth in paragraph
6 of Part II and paragraphs 13(a) and 13(b) of this Part, the existence of which creates
an undue risk of interference with the operation of the Airport or the performance of
the covenants of this Part, the Sponsor will acquire, extinguish, or modify said right or
claim of right in a manner acceptable to the FAA.
15. 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.
State character of property interest in each area and list and identify for eich all exceptions,encurgbrances,and adverse interests of every
kind and nature including liens,easements,leases,etc. The separate areas of land need only be identified here by the area numbers shown on
the property map.
Form FM-1624(1-62) OBSOLETE PREVIOUS EDITION
7
A. f
Part IV—PROJECT AGREEMENT
If the Project or any portion thereof is approved by the FAA. and an offer of
Federal aid for such approved Project is accepted by the Sponsor, it is understood and
agreed that all airport development included in such Project will be accomplished in
accordance with the Act and the Regulations, the plans and specifications for such
deve';1F,n�ent, as approved by Ibi-. FAA, and the Grant Agreement with respect to the
Pro* -.
IN WITNESS WHEREOF, the Sponsor has caused this Project Application to be duly
in its name, this t4tM day of 'is ,19—
Taic COW fW L090"t Tuft
�4�` I - /Nana ejSinoAlarJ
BY
DfNAMO JW AVIAINIkr
rrk J
OPINION OF SPONSOR'S ATTORNEY
I Kuser cgi rtFv that all statements of law made
in this Project 'Lpplicatf,in and ail legal coiiilusi1Ins
upon, which the CoVenAnts Lon-
twined herein are Tr;i�ri„ are in my or-4-mon true and
correct.
Cm Ar7cangy
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8 pRI41 IN. ..tt ICE 11,t .•Fa4 af?4
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T4. ACCOMPANY PROJECT APPLICATION DATED SEPTEMBER 14, 1962 EXHIBIT "A "
. + Tract 2
' 640 A.
Sec. 2 Blk D-3
I-
I N ,
Tract J
640 A. a
5ec. 28 81k. A %
Al
Tract 3
300 A. PRESS. T OIPT P PERTY
r g �
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C 0� n' 1 n - A
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0
790 1320' . i 30a
200' 460' y
1
7
/980'
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SEC 32. Bk4C.A SEC. 2-8 �Ad
8 BLK6
U.S. HWY 87 ! 20 - __ 1270"
CITY OF LUBBOCK, TEXAS
ENGINEERING DEPARTMENT
TRACT A ' 6.818 ACRES, FEE - C,L.GOODNIGHT �-
TRACT B * 13.25 ACRES, FEE-- C.E.HOBGOOD, ET AL.
TRACT B-1; 4.61 ACRES, EASEMENT- C.E HOBGOOD, ET AL. MUII/ICIPAL AIRPORT
TRACT C 26.775f ACRES, EASEMENT- A.M. JONES ESTATE, ET AL.
TRACT D t602 t ACRES, EASEMENT- THIEL BROS., ET AL
TRACT E. 1.31 f -ACRES, EASE14ENT - THIEL BROS., ET AL. _ _ _CITY ENGR.
DATE-//-8-57.._FILE NOXL:&_yl SCALE: /�=/000'
G.W.O. NO. __SHEET,.___._OI`—
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