HomeMy Public PortalAbout1963_07_17ATTACHMENTr , Page 1 of pages
FEDERAL rd�ATI N AGENCY
AGREEMENT
Date of Offer
101 ( Airport
Project No, -401
Contract No,
TO:
(herein ref erred to as t lie "Sponsor")
RC80 The fTri x States of ;A l-aerica (acting through the Federal Aviation Agency, herein. no
feared to as the "FAA")
WHERF4S, the Sponsor hat sat;_r. tied to the 3.+'AA a Project application darted
0 'e -d
, for a grwA of erai Finds for a project for devel o :
Mdt the Ai rt (herein called
the "Airg1mrt" together wRli plans arra aPe6a1ra60VJ for SUM project, xwhicB Project Application,
as appToved t f the "fir% >s hereby incorxlorated herein and rrade a part hereof; and
WHEREAS, the FAA has ,ap ..;,wl a project for devr"irpr ent of the Airport (herein caBled the
"Project")eraafat.na of the t,<i.,n„:awe 9tai ,.; airport, development:
AM s1adlicov at doneollbed In CaUdItlan V00hered ' 1
Jampase Zito, including In 149v r ys toolvay and opwaal countracts
Mort and light (NIRL) runumY (35000 x 7591 construct and Mork parallumataxivey 3
11,82CO x 00); construct N 4409), perimeter tweabom
and access road; relocate overheadlines;
all as move Tartlealarly .described In the pvcparty map altochad as Exhlbit "Ar
to theJ : €fca;r ', amd Is tle plAnx and specifications
for thla lizvject by oT few the l!!, Airports 2tvisdam,
IND PrOW140d in Its '00 appeoxing belae;4 Sal at KIM axe beivaby
IMCOMPOWItedr
?*A PORN aSS2 43maI +row PAKYRIUS loynam PAGE I 1
Page 2 of pages
NOW T111,JiFFORE, pursuant to and for the purpose of carryiDif out the provisions of the Federal
Airport Act",' as Lnuended (49 U,&C� 1101), and in considerRtion of (a) the Spoosoa a adoption and
ratification of the reprcsqentaflon9 and assurances conhained, in said Pioject Application, and its
acreptance hn, Offer an herehialter Provided, and (b) the hoEefits to accrue to the United States
and the pu,3"TW f room 4 he aceomploohment of the Project and thf.peration and maintenance of the
A�rport as here5n pn)vided, THE FEDERAL AVIATION AGENCY, FOR AND ON BEHALF OF
ivIE. uyurLD STAI ES, HEREBY OFFERS AND AGREES to pay, an the United States share of
the albowab'e ctofts incurred in accomplisbipg the Project, 9* VW SMIM or aU or VM* 098U.
TT,is Offer in made on and subject to the following terms and conditions -
L 'Ile max3murn obligation of the United- States payable under this Offer shall be
$ R0215MM
2. The Sponsor shall
(a) begin accomplishment of the Project within reomo, days
after acreptance of this Offer or ruch longer time so may be premnbed by the FAA,
with failGre to do So ConstitilUng just cat um for termination of the obligations of
the United States hereunder by the FAA;
(b) carry Oct acd COMPIWt-- the Project without endue delay and in accordance with the
terms h-reof, the Federal Airport Act, and Sertionc 550.7 and 550,8 of the Rewula-
tions of the, Federa' Aviation Agency (14 CIFR 550) in effect as of the date of
acceptance of this Offer; which Regulation, are hereinafter referred to as the
"Regu�ations";
(c) carry on+, and c(anplete the Project in accordarwe with the plans and specifications
she prony Tnap, incorporated herein, as they tnuy be revised or modified with
the approvat of the FAA,
* The allowaicie costs of the project shall not include any costs determ in by the FAA to
be ineligible for v.,naideration as to allowability under =action 650.4(a) of the Regula,
tiolue
* Payment of the United States share of the allowable project costs will be made Inirsuant
to anal in accordance with the provisions of Section 550,9 of the Regulations. Final de,
terminaiion as ca, the allowabffitY of the costs of the project will be made at the time of
the final grant, oavarent purcupwit to Section 550,9(d) of the RegalationsProvided,
Hain th". event a sarni-final grant payrnent is rade parsuant to &—tion 550 �9 hot of
the Regdati,, saga deiermination as to the alwalchtv of those costs to which such
sefnMi'na' pa,'P)-nVVHI be, nnicic at lht linle s Uch serni-final payment,
FAA 010,RIA ls�& V62 USE P.RV911us A,109-NOIN PAGIE a
I.
Page 3 of t pages
5, The Sponsor shall operate and maintain the airport at provided in the Fyoject
Application incorporated herein an specifically covenants and agrees in
accordance with Its Assurance h in Part III of said Project Application thist
in it6 oper=ation and the operation of all facilities thereof neither it nor
any person or organization occupyi space or facilities thereon will
discriminate against any person or =class of persons "€3y reason of race, color,
creel= or national origin in the use of any of the facilities provided for the
public on the airs ani„
The reserves the right to amend or withdraw this Offer at any time prior
to it acceptance by the Sponsor.
L This Offer la: r:ra sari the United States shall not be obligated to pay
any part of the cc., s of the Project 'u lets this Offer has been accepted by
the Sponsor on or before MY ltr 19-63j, or such subsequent date
as
may be prescribed in writing by the FAM
m it is understood and agreed that each contract awarded for construction r t
sander this pro•fect is e je t to the provisions of the Work Hours Act of J9622
Public law 87-581. it: it further understood d agreed that eacb such contract
%1.l contain stilulationss requiring the contractor or subcontractor �
wages to all. iaborern a c n1cs employed on the work in conformance, with
the provisions of the not and that the Sponsor may withhold or cause to
be
w thhela arcs the contractor or subcontractor so much of the accrued payments
as may be c5no�4
.idered ne�wsswry to lay laborers and mechanics employed by any such
contracts:-, or fbccsr a L,r on rh. wsrl nhe full amount of wages required by
the contract and sud,'n . w; us f_„,,� aoministratively be determined to be neces-
sary to sato ny ainbiliKessuch coNtractor or subcontractor fox
liquidated.prov.t»d , the Act. ” asalso understood ern'.6. r¢?%'s�'.t"
damages r., J
that, in the event of failuarlytra t o ubcontractor to pay any
Manor or mechanic r..'ni,{olei. or , rKirt on the site ;.f to word all or part,
of the wages requiiKd by the contract, tracn,, the FAA may, after written notice to
the Sponsor, 1 .. +. from the Sponsor so much of the accrued payments or
advances rvTre5entlng unpaid wages and liquidated damages�
9 It it understood any agreed ed thAt the Is substituted for the
provisions of paragraph as Part l,_'., Sponsor's Ansurances of tlae said Project
t pi i caa" i on t (TOc Sponsor vill not grant or permit any exclusive rust for
the use of t he airport f rt. c den by Section 308 of the Federal Arialtion Act
of 1958 And will otherwise comp3y ve'iTh all applicable ;taws, and wTith tbe.
psUci.es of the Federal Aviation Agen r with, respect to the conduct of
aeronautical a,cttvitles on ..h: airport as set forth in the statement Of POUCY
blisbed In gin Federal RegivLer of MY 25, 1962, (27 F,% 'T054). its
furtherance of this ouve_ an (but without lindting its general applicability
and effect) the Sponsor specificaly agrees that, monaess authorized by the
Mainistrator, it will not, either directly or inr'.irectlyr grarit or
permit aSX:y person, firm or corporation, the ex'S¢'4a'-a''ive right: for t
he
conduct of any aeronautical acti vI ty On the Airport, including but
1aA l.ii pF ito,charter
t✓rt•X f.ght4 , 5 lii txeani`ei aircraft rental and
sightseeing aerial pt 7 gri3.ga'..`Y, crop dusting aerial advertising t i
surveying, air car a'd operations, airy aft salec, and services, sale
of aviation p t$ V jum products Neth _ or not conducted in 4.°i njuactiora
ar
page 3A of d -maces
with other aeronautical activities, repair and maintenance of air-
crsftl sale of aircraft parts, and any other activities_ aich because
of tsars direct relationship to the operation of, aircraft can be
regarded as an aeronautical activity: Provided, that the Sponsor
may grant such cxckasave right that is petted roar any surplus
property Y.aa iru,,vent of transfer pursuant to which surplus property
was conveyed to the Sponsor by the Uhited States pursuant to the
Surplus Weperty .tact of 1944, 161 Stat. 678), as amendW
10. It is recognized by the parties hereto that on Februarylir 1963,
Part; 550 of the Regulations of the Moral Aviation Agency (14 CYR g* )
was deleted and superseded by Part 151 of the Federal vi ,ti
r';g3.lati,.M. z ( r FE 12348).a "a`b rr'fore, It is understood and &greed
the Paragraphs 2(b), 3 and 4 of this Grant Agreement are hereby
deleted and the iolloving Paragraphs raphs 2(*)s 3 and 4 are substituted
In waxers plane and stems.
''20) carry out and complete the Project without wa ive
delay and in accordance with the terms 'ere f, the
Federal Airport Act, as amendel, and Sections 15145,
,5 AT 151-49, 151.54 151,53 and 151W55, of the Yederal
Aviation Regulations (27 FR 12348) in effect as of the
date of acceptance of this Offer; , hic Regulations are
_. Toe allowable cats of s4 _ project oaf '.l not include
.any costs ..eter'nedby the FAA to be Ineligible ible for con-
sideration t_"mn 151.41(1) o
1 .�tio� �s '*�. rib=',d�,t s m>w arda�r n ,�.r
the heogu at; osis . `'
,s� q Payment of thetheUnite! ..n",;at es";'r`.. of ;`.kae allowable
:�Caic,
project coots will be rax , u;.rsupv,t 'r snd in accordance
'Pith. ne prc7vlaions of SeMons 10.47, M.5% 75.1.61 and
51.63 of the Rep'as 't ons._;.r Sete n,tion as t.eac°
exi...ova [? ?ity of the costs of 3th Par„ec_ will be made at
the t!me of the final grant payment pursuant to Section,
' of a
f 5.! i'"'r'l4iair n.n..ds ` r'%v'3 aCie-.A,g that,
.ii_ia tie£'', event
a semi-final.. grant h;aj3'uTent in made pursuant to Section
15n63 ,1,e Regulations, vine! determinations as to then. e. e`i S, ii;a. ..,o those costo to which such w._.s",7. .1.I9.al.
payment rviates will be }rude at ..,Y..., time of such semi-
final
i
pugs33of 4 pagos
a" now
es':*a*�isto d an 32..., Od wsi t "' %4s ik4.? r3 b.�'"»...i`S"AY, :�.I,3�:'..�
laz or coat117
:ate t aw"rstructi of si a or f ac iliti for
an
at Pat o
- Of We butivitics specified in YaMM&
'i.1 dusted »ai p 3. ."r.:�3
rsn Of t. �"Act �r vill not becomeobli
that the not request tho ,
or vuter,
to ni hp ,.r I t zsi, areas ,* c uch
or entane th-Wrain, orrita �l�
constriction,
Q itiOn � a e ;sect dti r 1
Ag
!.
In the C.OM " .&'&u on pose 1 of this Grant Offsvp
consist inti
fee simple title, free from 000MOPMOM On"branave and
Qawrva interests
tat a in anito
Ott ed
alt„
Aria 1 as xhavm or, the properLI Ton
Ito the p,,j,,t Application, an,
to
b��= i. �: Z a� a P as iia ;�
Property Ma” , alving We air enough c an
i motet fiitct f y
*Unh areas cf alr��u> mer -1�3) � ato � Macros w utUre
nioal
p a s
°�, »a'�', *<„� � �. air.°#'
for MboPMA-90p, t &ASUWO tbvA nate and 3l tip
ted
passa4v of slruraK in and over Batt a
reaK
i Was a ea a s , a oe i aa,; Vi without Federal aid
and
a= �,i.�ati. ion`" a. final :. t ap?"°'a Y1i; fiat p
I'mterrate in Area to r„ eye s&.3. On xe ae". . o •" , r
"m ...�: i'r'.k- 3f-' .vent a�Cu&'rol of sash ,£. Y: ,� iYia"F, $`�. i`
of entrtea and xi,ta 51 4aN any att!M naossoary to prevent
s tta O a ini;ed existe0ce of on, objects Of I.at"! Art
W&M.&I In the 0aini n c,a ra six:.nsur, iz e Kere or might
0P.--r1wrt `w„'. "`_3t t%%?.'< li c7pc�"%'tR'I; t. and WrAtiOn Of =,2i£: airport, and
ttke il e�� an y
r;tjce, ±
t} Arva gay
of 1hi..tis is z line Wing slaystiassequal to timet of he
the
fob
��mal.i. extended : feet b
be at the SUMM elavation as the correspaadmg runway ems,°,
ext
i
vertvpvard
and westa= NOW az t o toot'
of vertical int for each n feet ct horizqatal ditac
t x njorstywo aw oixeed th,prior to the t . rk; the sponsor
Subm t to and GOSID MPPrq7al by the FAA aXj
15- 'he Wns" COWMante SM agrounp with respoct to the On gas a or m
s eat Y �% 13, 1963, °
.orte wsuch plan tvVisl r
that the Sponsor will MaIntaln the laad in suab ciggr
" towhich g Was fee SImple t
a
' , f a, "Wred or AM to air navigation,
IN YAAP tendo"M this CWT ac bebalf at the United Its
=09mizes the e2latence Qf am agm=y relationabip
he 21INMof t
Leosbuxg, lirginia as pVjhc!PS1Pand the to caxpoxatlarl
C"10010% Stat*Virginia, a Ag is by g
dated Jam. 4 y t, t s^n3rsuant gm w Y sot
WSW of 1942, as ansuded, which sold
ttUacbed
hereto Paid Made a t ;ae and t� ,- Agreement �, covenant
that ^acfi Zracra"a.e�` Wo Wreby
withnut the Vriar ujitten approvalof the f
f a,, x ,t lh t Y)jei'
3 1 O' f# b 3' t ' E.3t3 F a 'al r s n¢ 4 av
;^ r tPr, "idled try
i suer and ;, eTWO,,„qtr tt��tt�tr € �. ahz z
( li t s t i 9 .�the vAe Atli# i 2£ t-`. b” amara t=
3 gas r Au r,r l ,r rr; the eo'r iF 2aot a'aSa it r;e .a a of the ever
£ with ,v_n� �sor to 3' �.53r alt u' i I rider an,
a v A� e v, e e"e to aefu tow _ 3 fix?
-�1 Y � 3 �'b}Y ae S Pb -?ark s � °_' t1. the
ut %% � i tr of r
�£ �<, t .', .s= ,x.sy yea �.t ss
a �.� , y eMy year's, from the day �^ of�
��
B �3 g
(TI 1 LE)
Part t$.+"wcePtarcac
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Part I—PROJECT INFORMATION
__."'c a of 1a at�LwT digs`
the " is r!) her as apiffication to the Federal Aviation Agt ncy (hereiasif r,
a.ai% the F "'t, ftn" a"graazac of eo" l'tatieds uid tcilbW , er Air ata '.
and the islatf raas as.~aued thereunder, for tht d as 4r aaffiidg iz fim''�r, — - tatj :. .
( ereita called else 'Trojec3") for development of
Airpo" (herein eplifA the "Air
cated
..
State aaf-___2r„ ,ate
It jA PrWmed timt the P t c mk of the (Q1he rt alb
sren t.
z q:ufsititan smd Clear Zone F at nfs 6ra n
x 3001)1 Taxiways ate; Apron f rfng,i Ru ''Tid tt, (KRI,); ;
a. d TRYIway tiaessfad f Smadar° FerrArdt.o Graded irea ;.,, 160
Road.
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a
all as more pa ticudiar ieaxa`sNA "ei °lana fDm3perty r"nap attached (hereto $s Ejj-dl)3t
PWMV _, a !Q'"%.sand in the Plans and sp effications b-
xaaitaaed tca the FAA d t zr t. Pt `
made as part hwr eof,