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HomeMy Public PortalAboutORD10051 BI LL NO. SPONSORED BY COUNCILMAN Hequembourg and Viessman _ ORDINANCE NO. 1 nos -/ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF SAID CITY TO EXECUTE ON BEHALF OF SAID CITY A CONTRACT WITH THE UNITED STATES FEDERAL AVIATION ADMINISTRATION FOR A GRANT RELATING TO THE DEVELOPMENT OF THE JEFFERSON CITY MEMORIAL AIRPORT TO BE FUNDED UNDER AIP PROJECT NUMBER 3-29-0036-02. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI AS FOLLOWS: Section 1. The Mayor and Cle:7k of, the City of Jefferson, Missouri are hereby authorized and directed: .'for and in the name of the City, to execute a written contract between the CILy of .Tef-ferson, Missouri, and the United States Federal Aviation Administration for a Grant Offer dated September 1 , 1983 , for the purpose of obtaining Federal aid in the development of the Jefferson City Memorial Airport, to be funded as an Airport Improvement Program (AIP) Project No. 3-29--0036-02, in the amount of Two Hundred, Eight-three Thousand Nine Hundred Forty-two Dollars and No Cents ($283,942.00). Section 2. The City of Jefferson: Missouri; does hereby ratify and adopt all statements, representations, warranties, covenants, and ' agreements contained in the Project Application which is incorporated by reference in the said Grant Offer. Section 3. The grant offer is for site preparation for 1,000 foot extension to Runway 30 and parallel taxiway and land acquisition easements. Section 4. This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed �� (p — �j 3 Approved Presifting Officer Mayor ATTEST: City C erk r Y Page 1 of 5 Pages DEPARDIENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 - Offer Date of Offer: SEP 1 1983 Jefferson City Memorial Airport/Planning Area Project No. 3-29-0036-02 Contract No. DTFA09-83-A-40041 TO: The City of Jefferson, Missouri (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") Aft WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 29, 1983, for a grant of Federal Funds for a project at the Jefferson City Memorial Airport/Planning Area together with plans and specifications for such development project, or the planning work definition for such Planning 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 the Airport or Planning Area (herein called the "Project") consisting of the following: Acquire land in fee (Tracts 10 and 12) and easement (Tracts 6 and 11) ; site preparation for 1,000' extension to Runway 30 and parallel taxiway. all as more particularly described in the Project Application. FAA Form 5100-37 PG 1 (8-82) . Page 2 of 5 pages ® NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, herein called the "Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances 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 compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, 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, ninety percent (90X) thereof, This Offer is made on and subject to the following terms and conditions: Standard Conditions 1. The maximum obligation of the United States payable under this offer shall be $ 283,942 which is comprised of: for planning $ 234,262 for development other than land $ 49,680 for land acquisition 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall comply with the Airport and Airway Improvement Act of 1982 and shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe and agrees to fully comply with the Part V Assurances which are attached to and become a part of this offer. 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 the project unless this offer has been accepted by the sponsor on or before Se tembe or such subsequent date as ® may be prescribed n writing by the FAA. FAA Form 5100-37 PG 2 (8-82) ' Page 3 of 5 Pages d ® Special Conditions 7. The Sponsor shall provide for audit of this grant project in accordance with Attachment P of Office of Management and Budget Circular A-102. 8. It is understood and agreed by and between the parties hereto that the Assurances furnished by Sponsor in connection with land acquisition included in this project are incorporated herein by reference. (Said Assurances are required by Subpart C of Part 25, Subtitle A of Title 49, Code of Federal Regulations.) 9. It is understood and agreed by and between the parties hereto that any reference herein or in the aforesaid Application for Federal Assistance, dated June 29, 1983, to plans and/or specifications shall refer to the plans and/or specifications as approved by the FAA on June 24, 1983. 10. It is understood and agreed by and between the parties hereto that the United States shall make no payment which could cause the aggregate of all payments under this project to exceed 90 percent of the estimated United States share of the total estimated project costs, excluding contingency items, or 90 percent of the maximum United States obliga- tion stated in this Grant Agreement, whichever is lower, until leases and agreements at the airport covered by this Grant Agreement have been submitted to, and determined unobjectionable by, the FAA. 11. It is understood and agreed by and between the parties hereto that the United States shall not make, nor be obligated to make, any grant payment representing the cost of acquiring the land interests in this project until Sponsor has submitted evidence satisfactory to FAA that it has acquired satisfactory title to the land for which payment is sought unless Sponsor requests, and FAA approves, advance payment for the land to be acquired under this project. It is understood and agreed by and between the parties hereto that the United States shall make no payment which could cause the aggregate of all payments under this project to exceed 90 percent of the estimated United States share of the total estimated project costs, excluding contingency items, or 90 percent of the maximum United States obligation stated in this Grant Agreement, whichever is lower, until the Sponsor has submitted evidence satisfactory to the FAA that it has acquired satisfactory title to the land being acquired in this project. 12. It is understood and agreed by and between the parties hereto that the United States shall make no payment which could cause the aggregate of all payments under this project to exceed 90 percent of the estimated United States share of the total estimated project costs, excluding contingency items, or 90 percent of the maximum United States obliga- tion stated in this Grant Agreement, whichever is lower, until Sponsor has acquired satisfactory title to all of the land being acquired under this project. FAA Form 5100-37 PG 3 (8-82) Page 4 of 5 Pages 13. It is further understood and agreed by and between the parties hereto, that the United States shall make no grant payment hereunder until the Sponsor has submitted title evidence satisfactory to the FAA that it currently holds satisfactory property interests in and to the existing airport property as depicted on the Exhibit A Property Map. Special Assurances The following special assurances are added to Part V Assurances attached to this offer: 33. The Federal Government does not now plan or contemplate the construc- tion of any structures pursuant to Part V, Assurances, of the Project Application and, therefore, it is understood and agreed that the Sponsor is under no obligation to furnish any new areas or new rights without cost to the Federal Government under this Grant Agreement. However, it is agreed and understood that the rights of the United States to cost-free areas obtained under unexpired Grant Agreements with the Sponsor are extended for 20 years from the date of this Grant Agreement. Furthermore, the responsibility for paying the cost of relocating any facilities located in such cost-free areas shall be made in accordance with Advisory Circular 150/5300-7B, FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes. 34. Pursuant to Part V Assurances, the Sponsor hereby covenants and agrees that, with respect to any estates or interests in land or rights in buildings currently being furnished to the Federal Government by Sponsor as sites for air navigational aids (with or without cost), it will, upon execution of this Grant Offer, provide such estates, interests or rights without cost for a period equal to the useful life of the facilities developed under this project, not to exceed 20 years from the date of execution of this Grant Offer. Provided, however, that if the instruments which convey such interests or rights cost free provide a longer term, the provisions in said instruments will govern. 35. Sponsor agrees that all net revenue produced from real property purchased in part with Federal funds in this grant shall be used on the airport for airport planning, development, or operating expenses, except that all income from real property purchased for noise compatibility purposes or for future aeronautical use as indi- cated on Exhibit A for this grant shall be used only to fund projects which would be eligible for grants under the Airport and Airway . Improvement Act of 1982. Income from noise or future use property may not be used for the Sponsor's matching share of any airport grant. Airport fiscal and accounting records shall clearly identify actual sources and uses of these funds. • ' 1 Page 5of 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 Acceptance shall comprise a Orant Agreement, as provided by the Airport and Airway Improvement Act of 1982, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Orant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDER AVIATION ADMINISTRATION Manager irpo Division, Central Region Part II - Acceptance The Sponsor does hereby ratify and adopt all statements, 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. `J Executed this day of - � , 19 b5 CITY OF JEFFERSON, MISSOURI ........... ............ ... .. . .... (Name of Sponsor) (SEAL) j Title: ....see I Tye �ga........... CERTIFICATE OF SPONSOR'S ATTORNEY I r I-yAIDEL NI 7oRTF_pPIELD t acting as Attorney for 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 Missouri and the Act and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. n Dated at this g�j�day ofi%r , 19 �3• Title I.T.Y p.��/7. . :Y:lr.. ..... . FAA Form 5100-37 Last PG (8-82) OUR Approval 1)o.29-R0218 FEDERAL ASSIST.iNCE APPLE- A. STATE ..><u1tGER CANT'S � APPLiCM _.. .. - --- TION 1. TYPE PRM"eLICATION APPLI- b. DATE IDENTI- b. DATE Year month day AC [3 APPLICATION _ __19 83 r 06 Z ACTION CATION PIER ASSIGNED 19 (bforkkop. r] NOTIFICATION OF INTENT (OPQ Leave bos) 0 REPORT OF FEDERAL ACTION 810nA 4. LEGAL APPLICANT/RECIPIENT 5. FEDERAL EMPLOYER IDENTIFICATION NO. a. Applicant Name City of Jefferson, Missouri 44-6000-193 Is, OrtanirationUnit D.O.T. , Jefferson City Memorial Airport L ,� c. streot/P.O. a" 320 East McCarty PRO, a. NUMBER 1 21 o10 11101 J2 si- city Jefferson City ., Cant, ; Cole GRAM b. TITLE Airport and Airways I. state Missouri g. ZIP Code: 65101 (Fro'" ram Im rovement Pro Federal P g h. Contact Perna (Name Martin A. Br o s e Catalog) .t terephons No.) t (314) 634-6466 7. TITLE AND DESCRIPTION OF APPLICANTS PROJECT S. TYPE OF APPLICANT/RECIPIENT A-State H-Community Action Agency Acquire land in fee (Tracts 10 and 11) and easement S-Intcntata 1-Higher Educational Institution C-Subststa J-Indlen Tribe (Tracts 6 and 12) ; site preparation for 1,000-foot r3 District -Other (specify): extension to Runway 30 and parrallel taxiway. E-City F-School Distrld G-S ociel Purpose ,-, District Enter appropriate teller I-E I 9. TYPE OF ASSISTANCE �--' (.-Basic Grant D-Insurance B-SupplemanL( Grant E-Other Enter appro- C-tosn priate letier(s) MA 10. AREA OF PROJECT IMPACT (Names of citiee,eountica, 11. ESTIMATED NUM- 12. TYPE OF APPLICATION Slater,eta.) 13ER OF PERSONS A-New C-Rsvislon E-Augmentation State of Missouri, Jefferson City BENEFITING 13-Renewal D-Continualloo Extr, appropriate letter 19. PROPOSED FU1lDING 14. CONGRESSIONAL DISTRICTS OF: 15. TYPE OF CHANGE (For Ile or Sta) s. FEDERAL e. APPLICANT b. PROJECT A-Incretse Dollars F-Olhor (Specify): 00 B-Dee.roa:e Dnllara b. APPLICANT 31 550. 00 _ D-DLUta o Duration o N/A a STATE .00 16. PROJECT START 17. PROJECT E-Cancellstlon DATE Year month day DURATION Enter appro- d. LOCAL .00 19 Aronehe priate ettcr(e) e. OTHER .00 1& ESTIMATED DATE TO Year month day 19. EXISTING FEDERAL IDENTIFICATION NUMBER BE SUBMITTED TO I. TOTAL. = 312,482 .00 FEDERAL AGENCY P- 19 20. FEDERAL AGENCY TO RECEIVE REQUEST (Nacre,City.State,ZIP code) 12th Street 21. REMARKS ADDED Federal Aviation Admin. , Central Region, Kansas City, MO 64106 Yes f:j No 32. ■. To the best of n 1.nowltdge and belle}, b, if required by OMS Circular A-95 this ap litallon ores submitted, pursuant to In- No re- Response data In this preapplicttlon/applicttion ere structwns therein, to apf.reprlato a;earinrhouses snd all responses are attachod: eponse attached THE true and correct, the document his boon APPLICANT duly author!sed by the governing body of t� CERTIFIES tho applicant and the applicant will comply (1) State of Missouri Clearing House 11 OGJ THAT P with the attached mumnoes If the esslst- M Mi d-MO Council of Governments ❑ ante Is approved. (3) ❑ W 23. a.TYPED NAME AND TITLE b. SIGNATURE a DATE SIGNED CERTIFYING Martin A. Brose, P.E. Year month day REPRE- SENTATIVE Director, D.O.T. 1983 06 29 24. AGENCY NAME 2& PPLICA. Yaw month day TION RECEIVED 19 24. ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE 28. FEDERAL APPLICATION IDENTIFICATION 29. ADDRESS 30. IDENTIFICATION FEDERAL 31. ACTION TAKEN 92. FUNDING Year month day 34. Year month day STARTING (3 a. AWARDED a. FEDERAL S .00 33. ACTION DATE 0 19 DATE 19 [3 b. REJECTED 1. APPLICANT .00 35. CONTACT FOR ADDITIONAL INFORMA• 36. Ycar month day b. (Name and tclephone number) ENDING [3 a RETURNED TOR e. STATE .00 DATE !9 AMENDMENT d. LOCAL. .00 37. REMARKS ADDED (3 d, DEFERRED e. OTHER .00 IL WITHDRAWN f. TOTAL i .00 [] Yes t]NO �. a. In taking elan action, any comments received from elealr. houses wan can. b. FEDEPAL AGENCY A-95 OFFICIAL siderad. If scw response Is due under provisions of Part 1,OMB Circular A-95, (Name and telephone ow.) FEDERAL AGENCY It has been or is lain(:wade. A-95 ACTION STANDARD FORM 424 PAGE 1 (10-75) Pram'bod by GSA.Federal JJtanagement C(reufor r4-7 SECTION IV—REMARKS (Please reference the proper item number from Sections 1,It or Ill,if appNcable) The extension of R/W 12-30 and parallel taxiway is proposed to accomodate the larger ® Type C Aircraft presently using the facility. The proposed improvements at the Jefferson City Memorial Airport in the Capital City of Missouri will provide the necessary safety and facilities to accommodate growth in air traffic operations. This application includes only the site preparation for the proposed R/W Extension and parallel taxiway. The State of Missouri has proposed funding the paving and lighting as a proposed line item in a possible bond issue. Action by the State will be discussed in the upcoming special session. The fee simple land acquisition (Tract 10 and 11) includes approximately 22.3 acres for building restriction. Easements (Tract 6 and 12) includes the ultimate clear- zone for R/W 12 and a small building restriction easement respectively. STANDARD FARM 424 PARE 2 (10-75) ` DePARTM6NT OF TRANSPORTATION- FEDERAL AVIATION ADMINISTRATION OM13 No. 00.040164 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.XX—.No Item 2. Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? Board -Yes XX_ _No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? xx _Yes No Item 4. Does this assistance request require State, local, Name of Approving Agency Mid—MO Council of Govern— regional or other planning approval? Date _ ments xx _Yes No Item 5. Is the proposed project covered by an approved Check one: State comprehensive plan? Local X' Regional xx Yes No Location of plan Jefferson City,. MIssouri Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? __Yes xx 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 xx 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 xx No Item 9. Number of: Will the assistance requested cause the displacement of Individuals individuals families, businesses, or farms? Families Businesses _ Yes .xy 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 xx No FAA Form $ 00.100 (6.73) SUPERSEDES FAA FORM 5100.10 PAGES 1 THRU 7 Page 2 x DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO.04-RO209 PART 11 -SECTION C. The Sponsor hereby represents and certifies as follows: 1. Conywtil►le Land Usr. The Sponsor has taken the following actions to assure coin patililt. usage of land adjacent to or in the vicinity of the airport: The Jefferson City Memorial Airport lies entirely within the City limits of Jefferson City, Missouri. The City Council has passed an Airport Zoning Ordinance to protect the airport and land adjacent thereto. Clearzone easements are being obtained or have been acquired where necessary. 2. Defaults.—The Sponsor is not in default on any obligation to the United States or any agency of the United States Govern- ment relative to the development,operation,or maintenance of any airport,except as stated herewith: None 3. Possible Dimbilities.-There are no facts or eircumstances (including the existowe of efferlive or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pcoding litigation or other legal proeeedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application,either by limiting its legal or financial ability or otherwise.,except as follow.: None 4. laud.—(a) The Sponsor holds the'following property interest in the following, areas of land'" which are to hl, developed or used as part of or in connection with the Airport, subject to the following exceptions, eneunibranves. : id adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A See Exhibit "A" *State character of property interest in each area and list and identify fur each all exreptions,encun►branres,and adverse inlerests ® of every kind and npture, including liens, easements, leases, etc. The separate areas of land need only be ide nlified here ley till, area numbers shown o►1 the property map. FAA Form 5100-100(4-76) Page 3a FM AC 8401157 DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB No.04.80209 PART II -SECTION C(Continued) 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 title company has determined that the Sponsor holds the above property interests. (I►) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, tl►e following pr(Fwrty interest in the following areas of land* on which such construction work is to be performed, all of which areas are:identifiedl on the aforementioned property map designated as Exhibit "A": Tract 5 — Fee Simple Tract 9 — Avigation Easement (c) 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 interest in the following areas of land* which arc to be developed or used as part of or in connection with tile. Airport as it will he upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit"A": ' Tract 6 Tract 10 Tract 11 Tract 12 S. Exclusive Nights.--There is no rant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None ''State ehuraeler +)f properly interest in each area and list and identify for each all exceptions,eneumbranves,and adverse interests ® of every kind and nature, including liens, casements, leases, etc. The separate areas of land need only he identified here by the urea numbers shoran on the property map. FAA Form 5100-100 (4.76I Page 3b L'EPARTMENT OF TRANSPORTATION• FEDERAL AVIATION ADMINISTPATION OMB NO. 90-R0114 • r PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL 1. Federal Domestic Assistance Catalog No. . . . . . . . . . . . . 2. Functional or Other Breakout . . . . . . . . . . . . . . . . . . . . SECTION B — CALCULATION OF FEDERAL GRANT Use only rot revisions Total Cost Classification Amount Latest Approved Adjustment Required Amount 4 or(-1 1. Administration expense S S S 2. Preliminary expense 3. Land,,structures, right-of-way 4. Architectural engineering basic fees 5. Other architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total(Lines 1 through 13) 15. Estimated Income(if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt.(Excluding Rehabilitation Grants) 312,482 20. Federal Share requested of Line 19 283,942 21. Add Rehabilitation Grants Requested(100 Percent) --- 22. Total Federal grant requested(Lines 20 & 21) 283,942 23. Grantee share 31,550 ® 24. Other shares --- 25. Total project(Lines 22, 23 &24) S S S L 312 482 FAA Form 5100.100 (6 73) SUPERSEDES FAA FORM 5100.10 PAGES 1 TNRU 7 Page 4 e )-.114 NQ ('(' 14 1t4 DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION ADMINISTRATION _ SECTION C — EXCLUSIONS Classification Ineligible for Encluded from Porticipation Contingency Provision 26 (1 21 o. S $ b. C. d. e. g. Totals 3 $ SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share S 11 550 a. Securities b. Mortgages c.Appropriations(By Applicant) Aft d. Bonds e. Tax Levies f. Non Cash g. Other(Expl ai n) Cash on Hand 31,550 h. TOTAL—Grantee share 31,550 28. Other Shares a. State b.Other c. Total Other Shares _ 29. TOTAL S 31,550 SECTION E — REMARKS PART IV PROGRAM NARRATIVE Attach — See Instructions FAA Form 5100.100 (6.73) SUPERSEDES FAA FORM 5100.10 PAGES 1 THRU 7 Page 5 PART V ASSURANCES These assurances are to be attached to and become a part of this grant agreement. For airport development projects, these assurances 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. However, these limitations on the duration of the covenants do not apply to the covenant against exclusive rights and real property acquired with Federal funds. For planning projects, only assurances no. 1 (as marked), 2, 3, 4 , 160 25, 26, 30, 31 , and 32 appply, unless otherwise specified in the grant agreement. The sponsor hereby assures and certifies, with respect to this grant that: 1 . General Federal Requirements. It will comply with the following laws, regulations, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this project: Federal Legislation a. Federal Aviation Act of 1958 b. Hatch Act * c. Federal Fair Labor Standards Act d. Davis-Bacon Act e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Titles II and III f. National Historic Preservation Act of 1966 - Section 106 g. Archeological and Historic Preservation Act of '1966 h. Flood Disaster Protection Act of 1973 - Section 102(a) i. Rehabilitation Act of 1973 - Section 504 , Section 503 J. Civil Rights Act of 1964 - Title VI * k. Aviation Safety and Noise Abatement Act of 1979 1. Age Discrimination Act of 1975 m. Architectural Harriers Act of 1968 n. Vietnam Era Veterans' Readjustment Assistance Act of 1974 - Section 4 02 o. Airport and Airway Improvement Act of 1982 p. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 Federal Regulation a. 49 CFR Part 21 - Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 . • FAA Form 5100-100 (8-82) 2 b. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. I c. 49 CFR Part 27 - Non-Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance. d. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted Contracting Requirements, Including those Relating to Disabled Veterans and Veterans of the Vietnam Era and Handicapped Workers). e e. 14 CFR Part 150 - Airport Noise Compatibility Planning. Office of Management and Budget Circulars a. A-95 - Evaluation, Review and Coordination of Federal and Federally Assisted Programs and Projects. b. A-102 - Uniform Requirements for Assistance to State and Local Governments. 0 c. FMC-74-4 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. Executive Orders AN a. 11246 - Equal Employment Opportunity in Federal and Federally Assisted Contracting. b. 11593 - Historic Preservation. c. 11288 - Prevention, Control and Abatement of Water Pollution. d. 11926 - Evaluation of Flood Hazards. Specific assuvances required to be included in grant agreements by any of the above are incorporated by reference in this grant agreement. Items marked with (v) apply to both development and planning grants. 2. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of approval of the project) of public agencies authorized by the State in which such airport is located to plan for the development of the area surrounding the airport and will contribute to the accomplishment of the purposes of the Act. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States and sufficient funds to assure operation and maintenance of the facility for the purposes constructed. FAA Form 5100-100 (8-82) 3 4. Authority of Sponsor. It has legal authority to apply for the grant, and to finance and construct- the proposed facilities; that a resolution, 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 understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 5. Good Title to Airport. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site therefor, or will give assurance satisfactory to the Secretary that good title will be acquired. 6. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near which the project may be located. 7. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with the goals and objectives of such planning as has been carried out by the community and shall, when requested by the Secretary, submit a copy of the transcript to the Secretary. 8. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 9. Economic Nondiscrimination. It will make its airport available as an airport for public use on fair and reasonable terms and without unjust discrimination, to all types, kinds, and classes of aeronautical uses including the requirement that (A) each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such FAA Form 5100-100 (8-82) u nondiscriminatory and substantially comparable rates, fees, rentals, ` and other charges and such nondiscriminatory and substantially Am comparable rules, regulations, and conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (B) each fixed-based operator at any airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport utilizing the same or similar facilities, and (C) each air carrier using such airport shall have the right to service itself or to use any fixed-base operator that is authorized by the airport or permitted by the airport to serve any air carrier at such airport, and (D) 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 conduct or engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor-- (1) to furnish said services 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. (E) that it will not exercise or grant any right or privilege which operates 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, and (F) in the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, 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 these provisions. Provided, that the sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport 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 operaiton of the airport or necessary to service the civil aviation needs of the public. FAA Form 5100-100 (8-82) 5 10. Exclusive Rights. It will permit no exclusive right for the use of the airport by any persons providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: (1) It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and (2) If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the airport, or at any other airport now owned or controlled by it, to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum product's 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, and that it will ter- minate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under the Airport and Airway Improvement Act. 11 . Airport Operation and Maintenance. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. It will operate and maintain in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by the applicable Federal, State and local agencies for maintenance and operation, the airport and all facilities 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 airport purposes; provided, that nothing contained herein shall be construed to require that the airport be operated for aeronautical use 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 ® FAA Form 5100-100 (8-82) 1 6 ! AOL circumstance beyond the control of the sponsor. In furtherance of this covenant, the sponsor will have in effect at all times arrangements for- a. Operating the airport's aeronautical facilities whenever 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. 12. Hazard Removal and Mitigation. It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 13. Compatible Land Use. It will take' appropriate action, including the adoption of zoning laws, to the extent reasonable, 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, including landing and takeoff of aircraft. 14 . Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, 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 Secretary, would unduly interfere with use of the landing areas 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 landing as a movement) of government aircraft is 300 or more, or the gross accumulative weight of government aircraft using the airport (the total movements of government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 15. Land for Federal Facilities. It will furnish without cost to the • Federal Government for construction, operation and maintenance of FAA Form 5100-100 (8-82) 6.1 facilities for, and uses in connection with, any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of written requests from the Secretary. 16. Standard Accounting Systems. It will keep all project accounts and records in accordance with a standard system of accounting prescribed by the Secretary. 17. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services being provided the airport users which will make the airport as self-sustaining as possible under the circumstances existing at that particular airport, taking into account such factors as the volume of traffic and economy of collection, except that no part of the Federal share of an airport development or airport planning project for which a grant is made under this title or under the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate base in establishing fees, rates, and charges for users of that airport. 18. Reports and Inspections. It will submit to the Secretary such annual or special airport financial and operations reports as the Secretary may reasonably request and will make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. 19. Airport Revenue. It will expend all revenues generated by the airport, if it is a public airport, for the capital or operating costs of the airport, the local airport system, or other local facilities which are owned or operated by the owner or operator of the airport and directly related to the actual transportation of passengers or property: Provided, however, that if covenants or assurances in debt obligations previously issued by the owner or operator of the airport, or provisions in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all other revenues generated by the airport shall not apply. ® FAA Form 5100-100 (8-82) 7 JAIL ap 20. Consultation with Users. In making a decision to undertake any airport development project under this title, it shall undertake reasonable consultations with affected parties using the airport at which the project is proposed. 21 . Terminal Development Prerequisites. For projects which include terminal development, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft. 22. Construction Inspection and Approval. It shall subject the construction work on any project for airport development contained in an approved project grant application to inspection and approval by the Secretary and such work shall be .in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 23. Minimum Wage Rates. It will include, in all contracts in excess of 2,000 for work on projects for airport development approved under Ah this title which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a--276a-5) , which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 24. Veterans Preference. It shall include, in all contracts for work under project-grants for airport development which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions) , preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Act. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 25. Audits and RecordkeepinQ�_Requirements. It shall keep such records as the Secretary may prescribe, including records which fully disclose the amount and the disposition by the recipient of the proceeds of the grant, the total cost of the plan or program in connection with which the grant is given or used, and the amount FAA Form 5100-100 (8-82) 8 and nature of that portion of the cost of the plan or program supplied by other sources, and such other records as will facilitate an effective audit and it shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to grants received under this title. The Secretary may require that an appropriate audit be conducted by a recipient. 26. Audit Reports. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the plan or program in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six months following the close of the fiscal year for which the audit was made. 27. Local Approval. In projects involving the construction or extension of any runway at any general aviation airport located astride a line separating two counties within a single state, it has received approval for the project from the governing body of all villages incorporated under the laws of that state which are located entirely within five miles of the nearest boundary of the airport. Alk 28. Civil Riahts. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefitting from funds received from this grant. 29. Airport Layout Plan. It will keep up to date at all times an airport layout plan of the airport showing (1) 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 facilities; 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 Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or in any of its facilities other than in conformity with the airport layout plan as so approved by the Secretary if such changes or alterations might adversely affect the safety, utility, or efficiency of the airport. ® FAA Form 5100-100 (8-82) 9 30. Preserving Airport Rights and Powers. It 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 assurances herein without the written approval of the Secretary, and will act to acquire, extinguish or modify any outstanding rights or claims of right of others which would interefere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is the longer. The obligation to perform all such covenants may be assumed by another public agency found by the Secretary to be eligible under the Act 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. 31. Construction Accomplishment. It will execute the project in accordance with plans, specifications, and schedules as approved by the Secretary, and incorporated herein, or with modifications similarly approved, and will provide and maintain competent technical supervision at the construction site to assure that completed work conforms with the approved plans and specifications. 32. Planning Projects. In carrying out planning projects, that: a. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. b. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a planning grant provided by the Secretary. c. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. d. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. FAA Form 5100-100 (8-82) 10 e. It will grant the the Secretary the right to disapprove the Sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. f. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. g. It understands and agrees that the Secretary approval of this project grant or the Secretary approval of any planning material developed as part of this grant does not constitute or imply any assurance or committment on the part of the Secretary to approve any pending or future application for a Federal airport grant. FAA Form 5100-100 (8-82) STANDARD DOT TITLE VI ASSURANCES City of Jefferson, Missouri (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation--Effectua- tion of Title VI of the Civil Rights Act ,ot 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground 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 applicant receives Federal financial assistance and will immediately take any meas- ures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning Project No. 3_2Q_0n36_0? (hereinafter referred to as the Project) that: 1. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23(b)) will be conducted or operated in compliance with all require- ments of the Regulations. AML 2. It will insert the following notification in all solicitations for bids issued in connection with the Project and in adapted form in all proposals for negotiated agreements: City of Jefferson, Missouri (Name of Sponsor) , in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, hereby notifies all bidders that it will affirmatively assure that minority business enterprises are 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. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 4. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 5. Where Federal financial assistance is in the form or for the acquisi- tion of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 6. It will 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: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 7. 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 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. 8. It will 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, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed MO or pursuant to the Act, the Regulations, and this assurance. mr 9. It agrees that the United States has a right to seek judicial enforce- ment with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtain- ing Federal financial assistance for this Project and is binding on its contractors, the sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signa- tures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED .Tune 29, 1983 City of Jefferson, Missouri (Sponsor) By Sig ature of Autho Official) Martin A. arose, P.E. , Director of D.O.T. Attachments 1 and 2 ® CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 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 Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equip- ment, 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 informa- tion 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 (FAA) 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 FAA, 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 non- compliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not 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 provi sions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations gr directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. 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 litiga- tion to protect the interests of the United States. Is CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 6(a) and 6(b). 1. The (grantee, licensee, lessee, permittee, ptc., 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 in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT 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 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, 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 be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds 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 requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. d EXHIBIT "B" JEFFERSON CITY MEMORIAL AIRPORT Page 1 of 2 LISTING OF 1.1:ASF:S AND ACREEMENTS X' t A & K CONSTRUCTION N1:7' GROUND LEASE MAY 1 , 1981 TO APRIL 30, 1986 Darri-I Kir:;tlniir ASEL, WM. DIII/A/ INDUS'T'RIAL AVIATION NET GROUND LEASE OCTOBER 1, 1980 TO SEPTEMBER 30, Wm. E. Asel 1985 THOMPSON BROTHERS FARMING LEASE NOVEMBER 1, 1982 to OCTOBER 31, 1983 DAWSON, BILLIE JOAN NET GROUND LEASE JANUARY 1, 1979 TO JANUARY 1, 1984 Mrs. Billie Joan Dawson DAWSON, BILLIE JOAN NET GROUND LEASE DECEMBER 17, 1980 TO DECEMBER 17, Mrs. Millie Joan Dawson 1985 CENTRAL MISSOURI REALTY NET GROUND LEASE OCTOBER 1, 1980 TO OCTOBER 1, 1985 ® 11. James Schaefer MISSOURI STATE CONSERVATION COMMISSION NET GROUND LEASE JULY 1 , 1981 TO JUNE. 30, 1986 MISSOURI STATE. HIGHWAY COMMISSION NET GROUND LEASE JANUARY 1 , 1981 TO DECEMBER 31 , 1985 STATE OF MISSOURI , OFFICE. O1 ADMINISTRATION, DIVISION OF DESIGN &; CONSTRUCTION, DEPARTMENT OF 11tli LIC SAFETY, HICHWAY PATROL NET GROUND LEASE JULY 1 , 1982 TO JUNE 30, 1983 THEMAIN, RICHARD & RUBY AIRPORT CAFE LEASE SEPTEMBER 1 , 1978 TO AUGUST 31 , Ruby & Richard Tremain 1983 NEW JEFFERSON CI'T'Y II.YING SERVICE NET GROUND LEASE SEPTEMBER 1 , 1977 TO SEPTE-MBI-At 1, 1982 TRANS MO AIRLINES LEASE & AGREEMENT FOR Wm. E. Asel AIRPORT TRANSPORTATION & TERMINAL RENTAL DECEMBER 1 , 1980 TO DECEMBER 1 , 1982 (Automatic-2Yr. Renewal) WILSON, KENNETH NET GROUND LEASE JUNE 1, 1980 TO MAY 31 , 1985 Kenru-ch Wilson J EXHIBIT I'D" Page 2 of 2 I'I:kM 1'l'ti is NLW JI.FI'EkSON C11'Y FBO/GASOLINE SALES SEPTEMBER 4, 1974 UNTIL CANCELLED FLYING SERVICE. CHARTER SERVICE, STUDENT INSTRUCTION AIRCRAFT SALES 6 7: SERVICE , WM. ASEL, D/B/A FBO/CHARTER SERVICE, OCTOBER 1, 1975 UNTIL CANCELLED } INDUSTRIAL. AVIATION AIRCRAFT SALES & SERVICE, i• STUDENT INSTRUCTION U.S. CI:N'CCES, CAR RENTAL PERMIT UE.RI'7. I.ICENSIsI: • i tjo. 17768 ESMIT, 19 No. 17707 ISMIT. No, 18169 2 ESMIT. D No. 14021 ESMIr E No. 17056 2• ESMIr F No. 170513 2 0 SEE DESCRIPTION NO. A-G t. NOTES: This drawing hos been complied from abstract' Informatiod and previous surveys, and In no way should this drawing be considered to be a plat of survey performed by R.F Vamlues and Associates., Inc, Denotes rotated bearing of line to match previous abstract description bearings of the soma 11ho. (Pertains to bearings as shown on a plat of survey by L.V Brickey, R.L.S. 1188, Job No. 74-100.) Designation Description Acreage Misc. Information TRACT 5 FEE SIMPLE 1!2§.Q ACQUISITION IN PROGRESS Teara A-VIG. ESM'T. _Q.4_f BQLVaEp ESM - ACQUSITUN 'T I TRACT 7 3.4 n TRACT 8 a 6.6 TRACT n 3.9 ACQUISITION IN PROGRE0 TRACT 10 8 L D G.ES M'T 12.7 PROPOSED FEE SIMPLE AC g. TRACT It a 9.6 r -FR—ACT 12 74 TRACT 50 1 FEE SIMPLE 5.9 ACQ. BY CITY IN PROGRESS All 7 06.15-83 AC./STATUS TR. 5,7-11 and So. RW17-35 R.E.K. 6 09.14-82 ADD TRACT 5a, REV TRACT 5 ACREAGE 'R.E.K. OPOSED 5 09.10-82 FINAL ADDITIONS R.E.K. TIMATE EAR ZONE 4 08-17-82 , FINAL REVISIONS R.E.K. 3 07.20-82 MISC. ADDITIONS,etc. as per M.arose R.E.K. -22-8 FA.A. R.E.K 2 06 2; A DDI TIONS tS REVISICIVS AS PER 1 03-23-82 GENIL REvs ,4rrER PREL,-AvNARr4LEAsE R.E.K. NO. DATE 1 REVISIONS BY AWD." EXISTING PROPERTIES LAYOUT 6-91 JEFFERSON Cirl MEMORIAL AIRPORT MINIM CITY of JEFFERSON JEFFERSON CITY, MISSOURI R. F VERSLUES 8k ASSOCIATES, INC. 705 EAST McCARTY JEFFERSON CITY, MISSOURI SCALE-' NAWN, INP4001 IL DATE: A