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HomeMy WebLinkAboutResolution - 6511 - Lease Agreement - FAA - LIA, MALSR_ILS Runway 26 - 09_23_1999FFM Resolution WO.6511 Sept. 23, 1999 Item No. 23 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 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 Lease Agreement for MALSR/ILS for Runway 26, by and between the City of Lubbock and Federal Aviation Administration and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of September , 19 99. lid Y SI O R A City AS TO CONTENT: �111Z-;Ir M arle, Director of Aviation APPROVED AS TO FORM: illlam de Haas Competition and Contracts Manager/Attorney gs:ccdocs/Federal Aviation Admin-Runway 26.res September 14, 1999 U.S. Department of Transportation FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, Texas 76193-0054 Resolution No. 6511 Sept. 23, 1999 Item No. 23 Lease No. DTFA07-00-L-00785 MALSR/lLS (LOC,GS,MM) RWY-26 Lubbock International Airport Lubbock, Texas LEASE Between CITY OF LUBBOCK, TEXAS and THE UNITED STATES OF AMERICA THIS LEASE, made and entered into this 23rd day of September , in the year, one thousand nine hundred ninety-nine, by and between the CITY OF LUBBOCK, TEXAS, whose address is: Lubbock International Airport, Route 3, Box 389, Lubbock, Texas 79401, for itself or its administrators, successors, and assigns, hereinafter referred to as the Lessor and the UNITED STATES OF AMERICA, hereinafter referred to as the Government: WHNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. PREMISES: For the term beginning October 1, 1999, and ending September 30, 2000, the Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, VIZ: Land sites, access roads, cable routes, and critical/restricted areas for the installation, operation and maintenance of the following facilities at the Lubbock International Airport, Lubbock, Texas. General Plan of the facilities covered by this lease are more particularly shown on Drawing SW-D- 9598-1, revised July 23, 1985, identified as Exhibit "A," attached hereto and made a part hereof. MALSR RUNWAY —26 Medium Intensity Approach Lighting System with Runway Alignment Indicator Light (MALSR) Site, Restricted Area, MALSR Equipment Building site, Access Road, Walkway and Ducts beneath Guava Street are more particularly shown on Drawing SW-D-9598-1, revised July 23, 1985, identified as Exhibit "A," and Drawing SW-D-9598-1A, revised August 12, 1980, identified as Exhibit `B," attached hereto and made a part hereof. Lease No. DTFA07-00-1-00785 MALSR/ILS (LOC,GS,MM) RWY-26 Lubbock International Airport Lubbock, Texas LOCALIZER RUNWAY —26 Instrument Landing System (ILS) Localizer Antenna (LOC) Site, Restricted Area, Equipment Building Site, Access Road, Parking Area and Gravel walkway are more particularly shown on Drawing SW-D-9598-2, revised July 8, 1985, identified as Exhibit "C," attached hereto and made a part hereof. GLIDE SLOPE RUNWAY —26 Instrument Landing System (H-S) Glide Slope Antenna and Monitor Towers (GS) Site, Restricted AreaAccess Road, Parking Area and Gravel Walkway are more particularly shown on Drawing SW-D-9598-3, revised July 8, 1985, identified as Exhibit "D," attached hereto and made a part hereof. MIDDLE MARKER RUNWAY —26 Instrument Landing System (I S) Middle Marker (MM) Site, Access Road and Parking Area are more particularly shown on Drawing SW-D-9598-4, revised July 11, 1985, identified as Exhibit "B," attached hereto and made a part hereof. a. Together with a right-of-way for ingress to and egress from the premises; a right-of-way for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, communication and/or water lines to the premises; all rights -of -way to be over the said lands and adjoining lands of the Lessor, and unless herein described otherwise, to be by routes reasonably determined to be the most convenient to the Government. b. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. c. And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. 2. RENEWAL OPTION: This lease, at the option of the Government, may be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's options shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives thirty (30) days' notice that it will not exercise its options, before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of September, 2014. 2 Lease No. DTFA07-00-L-00785 MALSR/ILS (LOC,GS,MM) RWY-26 Lubbock International Airport Lubbock, Texas 3. CANCELLATION: The Government may terminate this lease'at any time by giving at least thirty (30) days' notice in writing to the Lessor. Said notice shall be sent by certified or registered mail. 4. RENT: The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation, and maintenance of the facilities upon the premises hereby leased. 5. NON -RESTORATION: It is hereby agreed between the parties, that upon termination of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing. 6. INTERFERENCE WITH GOVERNMENT OPERATIONS: The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the'airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this lease unless consent hereto shall first be secured from the Government in writing. 7. CONTINUOUS CLEARING OF RESTRICTED AREAS: The Lessor agrees to maintain all obstructions to belowi the lights elevation in the MALS restricted area (200 feet on each side of the centerline of Runway 26 extended for a distance of 2600 feet east from the east end of Runway 26) and no obstructions above 8° angle within 200 feet of the NM antenna located 2685 feet east from the east end of Runway 26, the Lessor further agrees to keep the grass and weeds in the localizer restricted area mowed at all times to a height that will not be an obstruction. 8. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES: The Lessor agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this lease during its term or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and/or operational characteristics of the Government's facilities will be at the expense of the Lessor, except when such improvements or changes are made at the written request of the Government. In 3 Lease No. DTFA07-00-L-00785 MALSR/IIS (LOC,GS,MM) RWY-26 Lubbock International Airport Lubbock, Texas the event such relocations, -replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be determined by the Government. 9. HAZARDOUS SUBSTANCE CONTAMINATION: The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees to remediate, at its sole cost, any and all other hazardous substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. 10. QUIET ENJOYMENT: The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress. 11. OFFICIALS NOT TO BENEFIT: No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. ' 12. COVENANT AGAINST CONTINGENT FEES: The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this lease upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability or, in its discretion, to deduct from the lease consideration, or otherwise recover the full amount of the contingent fee. 13. CONTRACT DISPUTES: All contract disputes arising under or related to this contract shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a Lessor has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. 4 Lease No. DTFA07-00-L-00785 MALSR/I S (LOC,GS,MM) RWY-26 Lubbock International Airport Lubbock, Texas A contract dispute shall be made in writing and signed by a Lessor or duly authorized representative of the Lessor and submitted to the Contracting Officer, that it is disputed either as to liability or amount. Submission shall be within six months after the accrual of the contract dispute. The contracting officer's decision concerning the contract dispute shall be binding on the parties unless the Lessor references the matter to the FAA Office of Dispute Resolution for Acquisition. Information relating to submitting a dispute will be provided by the Contracting Officer, upon request. 14. LESSOR'S SUCCESSORS: The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's administrators, successors, and assigns. 15. NOTICES: All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other address as either party may designate from time to time by notice or correspondence to the other): TO LESSOR: TO GOVERNMENT: City of Lubbock Lubbock International Airport Route 3, Box 399 Lubbock, Texas 79401 Department of Transportation Federal Aviation Administration Property and Services Branch, ASW-54 Fort Worth, TX 76193-0054 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date above written. CITY OF LUBBOCK, TEXAS M. Y: Windy Sitton TIME: Mayor THE UNITED STATES OF AMERICA James R. Bemis Contracting Officer 5 Lease No. DTFA07-00-L-00785 MALSR/ILS (LOC,GS,MM) RWY-26 Lubbock International Airport Lubbock, Texas CORPORATE CERTIFICATE I, Kaythie Darnell , certify that I am the City Secretary of the Corporation named in the foregoing agreement, that Windy Sitton who signed said agreement on behalf of said corporation, was then Mayor thereof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this 23rd day of September , 1999. CORPORATE SEAL APPROVED AS TO CONTENT: Mar le Av ation Manager Signed by City APPROVED AS TO FORM: William D. de Haas Competition and Contracts Manager 0 1�I t ifi ;:.Il�lw II J i✓l 1 E.O REMOTE flECEVYffl -i. dl` ryryI I ; s o h 1��pn'II j -- N ` 1 LOCALIZER'i OR W.SW'¢9595'2 �! �i A E TO IYER - 10 KVA FAA TERMINAL POLE 14ALS TRANSFORMER LUBDOEK LIGHT 9 POWER CO- O r et1A I 120r 240V I 60A N 4lSR I I 1240V 1 DkST. ' MALS LIGHT 1 120r240v, I PHASE IOOA ICflA 1 CON TROLI Tr 600V, O.E.B, 3#4, 600v, �LI'/d PANEL 1 ICIR[BITS I WATT 3#2, 600V, I;�OnO. HOUR - _ _ -_ _ _ _ _ L . I - - _�_ L _ METER � I MHOFFMAN 290Y2 r4.4, 60OV, I-�L SEOUEnGED SDOY, O.E.B. FLASHERS ________34"O, i _ � TERMINA 480V { i 240V-450V I 12D I240v I PORTER PANEL J t ; I I 480V 1 I ,DDv. O.E.B. I 3»a, I I ' y, I ? r I L ' - - -100A II IT , --i 1 IL---_1 I ' I 11004 I r fOp-- KYA I IOKY0. I I --------.-_I 1 ;PHASE I PHASE 1 I PHASE I IL__-_-_- ITMA{i I _-__.-_J OL STATON--_f3C*: 0E6 MIDDLE MARKER BUILOSNG ! ONE: —LINE: POWER DIAGRAM MALSR iA MIE]E]LE MARKER I � I GLIDE SLOPE — FA Cl C M� v -- ----�- - ORW-Sri-O-9598-3 CO E /J Fi'.i NVJAY _ 150'i 6000' - S. 79'00 00" W55 J � I I 3 N L H I I I STREET_- i 1000' 500 � DUCT _ tD VAS SiAnON 3C U 2 USE TO YASI MALS,'RAIL DRw. sw-D-959 �.c MIDDLE MARKER ACCE! S ROAD D sw-o 959E-4 500' 0 500' IDOO' 1500, SCALE IN FEET ,• ACCESS ROAD a OUTER -- MARKER/COMPASS 4.00 N.M. TO THRESHOLD R MY. 26 A - LOCALE ER / GLIDE SLOPE / OUTER MARKER J.L.L. J.L.L. ` AS-BUD ILT {PER DATE-20-611. 11.86 VAST MALSR MM ASBIALT (PER R.BVRNS,DATED _ us,INc. J.L.L. 1 I-l" 11 ADDED VAS? 6y DEPARTMENT OF TRANSPORTATION ^EDEAAL AVIATION ADM;14IS7RA7iON 5 )UTHWEST RE3.04 T K'OPTN, rEXaS INSTRUMENT LANDING SYSTEM F (RUNWAY 261 INSTALLATION OF FAA FACILITIES ON AIRPORT GENERAL PLAN L IRBOCN - T(RE GIONAL -AIRPORT? - TEXAS_ Y,l-RL9 CNIEF Ofi SECTION /ASW-MI �I� F BRrNLR 45_M -j WO�J I —.. -- _ .'s:a. iSW-D-9598-1 2 EXHIBIT "A" � V .\ T \` A 3 I`!N, J h�jJfJ i I I -~ III 1 I iGLIDE SLOPE RESTRICTED AflE A LOCAL I ZER RESTRICTED AREA - ROAD I o ACCESS ROAD SEE DETAIL "A” � I -- ----- - -- -- — -- --- �I - I = IT O f HOLD LINE . I� LOCALIZER ! a I (TYP.) { I; MEN7 BNSi/ ~~ UST�I _ 1 m —1=-w qj^dvr Aso'. e000' 79"00'00" w. — LOCALIZER ANTENNA77, 'I i— E%fST.LPBL VAULT &PAD MTD,X'FORMER. MALSR i - V{! CONTROL SITE PROPOSED FAA METER BASE B SWITCH. i ° T" HANGARS I I EX#ST. PAVED RAW 1 (J ( c PROPOSED FAA 3-(/;. 44�- y D.E.B.SERVICE TO LOCALIZER. I DETAIL "All iul i 1 alil I I! n , NOTES: I. AIRPORT SPONSOR SHAM CLEAR & HAINTATN FREE OF OBSTRUCTIONS, ABOVE THE PLANE OF THE LIGHTS, THE MALSR RESTRICTED AREA. .2. ALL R.O.W. & PERMITS REQUIRED FOR PLACEMENT OF TWO 4-INCH DUCTS BENEATH GUAVA STREET SMALL BE OBTAINED BY THE AIRPORT SPONSOR. MALSR RESTRICTED AREA —�—TWO I DUCTS MM STA 26+85 ELEVATION 3254' y 50h, BRO' 11. 11. 11nn'I6un' IBn➢' 2nnn'7Pun' 11. ENO OF RUNWAY aTun• .Inn'' PROPOSED PLANE OF MALSR LS GHTS 9 z STREET SOD.' O500' IODC' 150G, SCALE IN FELT IIZ 8n O➢ER ➢ETAIL"A"-LOCALIZEA POWER XRVICZ. IJLLINY S.B.H. RY -)EPARTMENT OF TRANSFORTATON r EDLRA- AVIATION ADMINF5 RA-- ,N I INSTRUMENT LANDING SYSTEM (RUNWAY 26) LICENSE REQUIREMENTS FOR I INSTALLATION DF FAA FACILITIES LUBBOCK EXHIBIT "A" (.REGfDNAI,_ AI.RPORT)_ ---- E �ECT10 i}Y_[__a �_ CNIEF ee.e" -25-80 S .ILL/AV ...-WAY PAC', - _• I SW-0-9596-IA EXHIBIT "B" } %Taxiway "T" Hangars �t I Ramp 10' Far Raad — - 35 For Parking Area. Crown Rood, 2", Crown Park. Area 6" 11 ^i I1 I f As ltk Cane. Pavirtq ° a� 1 \ 4" Compacted Callotte Base \\a" Compacted Sub -Grade SECTION A -A 1• 11 Asphaltic I THRU ACCESS ROA❑ Concrete Paving 5 PARKING AREA Access Road And _ - 35` j N.T.S_ Parking Area �.. -< \\ L lizer I-O Sheffer 3-1/C �4 & EQulprrlent Bldq. J L / F 9,,, F See Detail 4"Thick G. \ � — a � SECTION C-C s C 1l C 1-06 Bare Cu. l 3' Wide Gravel Walkway Countarpaise 12-RG 33F C. I O C I-12 Pc N19 1 0 Antenna Geographic Reference Point _ Extended CL R y 26 0 Lowiizer Antenna Foundations 8 Array 0 52'x12'Grc Walkway l 0 Around Antenna O 250' r - - High Voltage Power Cahlas To Remote Reclever Site. Located In FieEd 2/CA`B-5KVA Svc To RR 9 2- 25 Pr. Control_ L.OGATION PLAN 8t PLOT L.AYOU-r 200 zo' 40' 60' SCALE IN FEET Walkway 3270 3260 3250 U L- P L. Co. Pad Mtd Transformer. FAA N1e fEr BASE Swi tch� Rock Movnrl� Similar to petvi/ "p" Ow SWD-9!/5-2. "T " yANGAJ�S Ram�o ' �T`' 3-1/C#4 & /-#6 64re I"L ne � Service A0 Localizer EtfuiP. Sheller CAPPrex. 525 �. y DETAIL "B r' m N. T- S. SITE INFORMATION Latitude: 33° 39' a3.55" Longitude: 101` 49' 53.6r" Site Elevation: 3250' MSL RUNWAY ( PROFILE loco, 0' _-- 1000' 2000' 30oo0 Hal 10' 0' 10' 20' 30' Vert. RTF SITE �� J 8 C.c"I. CIA. QO 1■i 'f i-JG ,j Lo- Gnwnm- -- rOu ._-_._ E-!� R-NwAY I I i 3U �_�� 0 \ TERM3N0.L fl RLOG. 0 LOCAUZER POWER PLAN 500' 0 500' 1000' SCALE IN FEET REFERENCE DRAWINGS SW-D-9661- I LOC Plat Layout B. Details SW-D-9661-2 LOC Antenna Array, FOLMOtiaA 9 Details SW-D-9661-27 LOC Antenne Array, Installation Details SW-0-9661-8 Bdddinq Foundation 9 Details — 2 _ 7-6-05I AS-&Y_L_T (PER DATED 3-20-_811 _ 1�L, J.L.L. ® 9-S-8ti han d Elect. Power Service is Site. ILL j5hAfE DEPARTMENT- OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION FORT WORTH, TEXAS INSTRUMENT LANDING SYSTEM 52' I RLNJWAY 26) LOCALIZER SITE LU960etc (Regional Airport) TEXAS sw- Ai./ r- 5W FM�+! ass- HIEF �OF 5 IpN WS-alw- S.B_►f `• "`" • nrE. 2-25-80 REV LTR. AIRWAY FACILITIES •v.c .o c.m n aIVISION SSW_0-9598-2 SW FORM 6000-it 02-711 crf ¢nice I.— , �" EXHIBIT "C" ' I LOCATION PLAN IDd o loo' zoo' 3oG' SCALE IN FEET a wr d x ,,�Terminal Pale, See Dwg. S W -D - 7462-I. lJsed NEMA SR Heavy Duy`60A Sr. DPSN �\ Fused at 40A {{ x--T x - Fence Line 1 ram - Grovel Surfcced 1 10' Wide Access Road See D+rg. SW-D-9492 4l 1 +--#68 USE B 1(rsorefe Cu. Counterpoise Used SCy Tapping an 30'x35' Parking Area Gravel Surfaced PARKING AREA Dwg. SW-D-9492 35' c� e- i, �. ` Bravel Walkway -A" 774R. SECTION A —A N.TS. SITE INFORMATION Coordipotes: Latitude: 33°39,48.98" LorrgHude: IOI° 48' 20.52" Power By: Lubbock Power Co. Ground Elevation at Antenna Tower: 3252' MSL Glide Path Angle: 3° Threshold Crossing Height: 52, REFERENCE C7RAWINOS LOC B Glide Slope Sheiter Foundation: SW-D-9661-8 Glide Slope Plot Layout (TypioaW SW-D-9661-4 Glide Slope Antenna Foundation: SW-0-9661-5 Glide Slope AWeano Tower: SW-0-9661-20 Glide Slope Monitor Most Foundation; SW-D-966)-6 Poth Monitor Most: SW-D-966-29 NOTES: I. Insfolled"Nit"Conduit Configuration. (Uwg, SW-D•9661-28, . Detail "El r I-G Pr 0l9A - �I-3/C812UF I-i6 Bore Cu. Counterpoise L. q 3' Wide Gravel Walkway PLOT LAYOUT 10' 0 IV 20 30' SCALE IN FEET .ound Rod 3/4'xi0'-0" (typical 7 Places) Sw FDRM GOOD -[, 112-711 -:1:6rt P�R[�1 vR[il[c on¢. ifi�-fix rrf EXHIBIT "D" JL -+ r :1 Road _ - --- -- ---- "'� + CMP `A �12"x14' Tower /Aniflnna 5 5 Ei � 48tl1240/12GV /Equipment Building � I Transformer It �� 11 -- — — —y 2-I/C#4 600V DEB 3#F4USE From MALSR Power H Control Station - Use 9 Cy Topping On Parking Area ` Gravel Surfaced Aocess Road B, Parking Area MIDDLE MARKER PLOT LAYOUT SCALE IN FEET SITE INFORMATION Coordinates: Latitude 3Y 39'44.25" Longltode. 101"47' 36.89'' Site Elevation, 3243' MSL REFERENCE DRAWINGS Typical Plot Layout SW-D-9661-9 Shelter Foundation Details SW-D-9661-12 Tower Foundation Details SW-D-9661-11 Sw FORM 6000-1, 112-711 ±ufwrlexrlkt r,usixr.11 i.1 e.i- II 115 NOTES: I. Transformer IOKVA Dry Type W/Two 5% FCBN Taps, Temperature Wse Not To Exceed 115"C., Suliahle For Outdoor MI"., Average % Z Not To Exceed 2.2 Sorgel IOS40F, 480/240(120V IOKVA Dry Type 6"Xr;l' (Nominall Transformer Treated Post Note I #r6 Bate Cu. TO Ground System t" Cnd. 8 Ell n 1; Cnd. & Eli Bond Inds. a Ells To Ground System TRANSFORMER 8t MOUNT N.T.S. I. IT-1113ep 0.S 8tlILT(PER R-BDRNS,DATED 4-7-82I TS,tNC. J.L.L. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION FORT WORTH, TEXAS INSTRUMENT LANDING SYSTEM tRUNWAv 25) MIDDLE MARKER SITE LUsaOCK (REGtONAL AIRPORT") TEXAS N,u7 9a �` NF,s%L frF G..� Cr-I IEF- OF ES CTiONW�44! Hi 8 4NCH ASW-44 a 2-2s-so Re" AIRWAY FACILITIES •"'"""a. «.m DIVISION SW-D-9598-4 i LTR. EXHIBIT "E"