Loading...
HomeMy WebLinkAboutR-1984-17 . . . . . RESOLUTION NO. 84-17 A RESOLUTION ACCEPTING A GRANT FOR AIRPORT PROJECT NO. 3-48-0127-02 WHEREAS, the City of La Porte, Texas (termed SPONSOR herein) , and the Department of Transportation, Federal Aviation Administra- tion (FAA), desire to enter into a certain Grant Agreement which provides Federal participation in an Airport Improvement Project for the La Porte Municipal Airport; and WHEREAS, in response to a request duly filed by SPONSOR, ~ the FAA has prepared said Grant Agreement, a copy of which is attached, and has submitted it to SPONSOR for acceptance and e , execution; and WHEREAS, it is determined to be in the interest of SPONSOR and FAA to accept said Grant Agreement; - - NOW, THEREFORE, BE IT RESOLVED BY ~HE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the City Council of the City of La Porte does hereby accept the provisions of said Grant Agreement for Project No. 3-48-0127-02. Section 2. That the Mayor of the City of La Porte is hereby authorized and directed to execute said Grant Agreement for and on behalf of the City of La Porte. PASSED AND APPROVED this 26th day of September, 1984. s..,,~~~--s;,~""~"'.' ~ _C'. ~ ..: .-:: ff --.;:, . - . ~ ~ .- ...... :"'_.;~' (-'~ i ~~~..~.. ~ .." ... .;.. : ; ;..---'.. ...-.::.:.:.. j, :.. ~ ~/!~~/ ; 1, .~ /'~ - .Sj" . :; -;J.f.-"" " A{P'fES,~ :, ,<0' .. . ..... ~ ': . ... "".:.: /J')j"~'~"'>~'." -R/J /. ~~ City Secretary CITY OF LA PORTE By APPROVED: .' . 7. ~ . ... . . . i . e , Page I of 4 pages I; ~J GRANT AGREEMENT FOR DEVELOPMENt PROJECT u.s. Department ot Trmsportafioo Federal Aviation Admlnllllallon Part I-Offer Date of Offer: SEP 24 1984 Airport: La Porte Municipal Project No. 3-48-0l27-02 Contract No. rlOT-FA-84SW-8184 TO: The City of 'La Porte, Texas (herein referred 'to as the 'ISpons~r' ') FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application ( also called an Application for Federal Assistance) dated August 28, 1984 , for a grant of Federal funds for a project for development of the La Porte Municipal Airport (herein caUed the" Airport tI), together with plans and specifications for such project, which Application for Federal Assistance, as approved by the FAA is hereby incorporated herein and made a part hereof; and' . WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following-described airport development: Construct and mark general aviation apron and connector taxiways; Install fencing; Construct access road; Lower pipeli~es I all.as more particularly described in the property map and plans and specifications incor- por-ated in the said Application for Federal Assistance. FAA FORM 5100-37 (11-82) Deveiopment . i !~ ,; '" . . '!.":;O':.': i~~: ~t. . TJ" . .... ;:~ . . . :: ~.. ~ .... . . Page 2 of 4 Pages NOW THEREFORE, pursuant to and for the purpose of car~ing 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 an.d 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 (90) per centum. This Offer is made on and subject to the following ~erms and conditions: Standard Conditions l. The maximum obligation of the United States payable under this offer shall be $600,000, which is comprised of: $600,000 -0- for development other than land. 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 allowabi1ity 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 Secreta~ 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 of the Application for Federal Assistance which is attached to and becomes 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 September 30, 1984. 7. The property map referred to on Page 1 of t~is Grant Agreement is the Property Map, Exhibit A, dated l/ll/72, attached to and incorporated into Grant Agreement for ADAP Project No. 7-48-0127-01. . .)0. , \ ' . .1 'e ' . e e i Page 3 of 4 pages Special Conditions 8. The plans and specifications referred to on page 1 of this Grant Agreement are the preliminary plans and specifications received by the FAA on August 29, 1984. 9. It is understood and agreed that the United States will not make nor be obligated to make any payment of its share of allowable costs under this agreement unless and until satisfactory documentation has been submitted showing that all airport leases are in compliance with all requirements assumed by the Sponsor as a result of its agreements with the Federal Government. lO. If a letter of credit will be used to make Grartt payments, the Sponsor agrees to request cash drawdowns on the authorized letter of credit only as and when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. The following Special Assurances are added to Part V Assurances attached to this Offer: 3l. The Federal Government does not now plan or contemplate the construction of any structures pursuant to paragraph l5 of Part V, Assurances, attached to this offer 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 twenty 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 l50/5300-7B, FAA Policy of Facility Relocations Occasioned by Airport Improvements or Changes. 32. Sponsor agrees that approval of final plans and specifications for all development under this project will be obtained by March 31, 1985, or other such date satisfactory to the Administrator and before advertising for bids, awarding the contract, or commencing construction. It is agreed and understood that upon such approval, such plans and specifications are considered to be incorporated by reference into and ther~by made a part of the Application for Federal Assistance and this Grant Agreement. ..... . .'. . . . . Page 4 of 4 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 Grant 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 Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By 5~ ~ Manager, Houston Airports District Office 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. .:;.~.;..'i.s:....~~......~.:, . Ex~,cuted ,tl(is i. :Lbt:lv day of September , 1984. .j- ': . /. (SEAL) ,Attest: ,-"--~Md I'j~ ~A.;f;;,LA Title: , ~ By Ti tle .MAYOR CERTIFICATE OF SPONSOR'S ATTORNEY I, /('NoxWAsKU1!.1, 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 Texas 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. Dated atLA foR -re. 7E?%A-2- this :<'6 tty of , , 1984. Title (J/ TY ArroRNEY .' ,'.'.', ; ... :....\: ~. ," ..... ': ..' ,1;1;." ... . '..;~.:~. '. _ J. 1 , ; -: .. FEDERAL ASSISTANCE Z. APPLI, CANT'S' APPLi. CATION ,~ I. TYPE 0 PREAPPLlCATION OF ACTION fi APPLICATION (~~~:- 0 NOTIFlel.TIOH OF IHTElU (Opt.) to: I 0 RtP"RT OF rEDEIt,"aL AtTION 4. LEGAL APPLIChNT I RECIPIEIIT I..e. Bla... City of La Porte La Porte Municipal P. O. Box 1115 La Porte .. Clan" : Texas I. ZIP Col.: Jack 0 ", .. I. " ._ ,'j. .,~. "1,:, ,_ .. IlUMBER/ ' N A .. DATE r..r i9 Airport Harris 7757l II. ESTIMATED r.UM. BER OF PERSONS BENEfITINO 17. PROJECT DURATION __Iu :r..r _,,1Ia do. 3. STATE APPLICA- TION IDENTI- ',ER OMB Appmi., No. 2t-IlO21i I. 1IUM BER ' 7-302-16008 .. DATE ASSIGNED r- -a -. 19 tj3 3 5. FEDERAL EMPLOYER IDENTIFICATION NO. .. PRO. GRAM ("r_ "....1Il C.Irdo, ) I. HUllnR .. TIRE Airport Program Improvenient .. TYPE OF APPLICANT/RECIPIENT, A-SI.t. ...eammulIllJ ActIDII AI~ 1-IIIIIra..t. 1- Hieher Educelilllll lllstilull.. C-Sulllta.., J-Indl.n T,ille Dllttlct I-Other (SI/Iri/.) I D-CeunIJ J.:~oo' Dlstrld 0-5,.1.1 Pur,... C1 D~trict Erll... a,.,;..apftal. "'In' u:;J ,. TYPE OF ASSISTANCE A-"llc lrant ~Insullnc. 8-Su"l.mlllt.1 Glint E-otIIw ~n 12. TYPE OF APPLICATION A-New C-"'lsiDII E-AIIlmln..tlon 8-I.n....1 D-Contlnllltl.. r:-I Ellt.r oppro,,"," ""." IdJ 15. TYPE OF CHANGE (For u. ",. U.) A-Incllll, Dol.... F-Otbu (Speci!lI) I B-Olcrnll Doll... C-Illc,nll DUIIUOII ~ICI"II DUlllion E-e.llc.II.U.. :r.ar _1Ia doll U. ACTION DATE. I' 35. CONTACT FOR ADDITIONAL INFORMA- TION (N.... ._ We....... ......,,) E,,'er o~ r-r:1 pricll. /clln(.) L...LaJ N/A . E"'.r .ppro. rTII prlca" leU...(eJ L.l....l.-J 1'. EXISTINO FEDERAL IDENTIFICATION NUMBER D 22. I I 21. REMARKS ADDED o V.. No b. I' r,!!ulrecl .., OMII Circuli' WS. Ihll Iffl!ClllolI _ I.bminecl. puraulnt II In. No.... IlrucI'OIll tIlenln, ,II IPpropri.11 cl.,ina_uN! Ind III ",pont. III IltIclled: lpotIH "4..... o&lcIcW I. AppllCllnt Nama II. O'lllIllllion Ulllt c. Stlllt/P .0. ... d. Cilf ,..' S"" .. Contact Penan (N.tIUI = .e 1.1."11",,. No.1 I 7. TITLE AND DESCRIPTION OF APPLIt"..ANT'S PROJECT I La POrte Municipal Airport: . (a) Access Road (g) Relocating lighted '(b) Tie-Down Apron windcone & segmented (c) Crossover Taxiways ci:r:cle. (d) Drainage ' (e) Security Fence (11), Fire Protection I (f) Lowering Exxon Pipeline " 14. CONGRESSIONAL DISTRICTS OF: I. FEDERAL .00 .. APPLICANT II. PROJECT II. APPlICANT .00 Co STATE .00 16. PjlOJECT START DATE I'..r mOtllA do, d. LOCAL .00 II . OTHER 00 18. ESTIMATED DATE TO . . BE SUBMlnED TO t. TOTIL . .00 FEDERAL AGENCY. II zo. FEDERAl. AGENCY 10 RECEIVE RfQUEST (N...... Cil,. s..... fliP...) 424-101 o o o Co DATI SIGNED I'..r o o o -aA II; THE APPLICANT CERTIFiES THAT. .. To thl bill .f my t.n~"ledll Ind llelitf, dill III t/lil pru~p!lClllu/lp~II:llIo!\ I" tru, Ind conlct, Ihl dor.umlllt "I" "'n duly lulhOll,td ., lhl ,oVlmln, bodr If' thl I"liunt .r:d 1Il1 Ippllcant will _pi, (1) willi ,he InlchlCl I..u,anea II till _lit- (Z) Inee II IPprvond. (3) I. TYPED NAME AND T/lU 13. CERTIFYING REPRE. SENTATIVE 240 AGENCV NAME 2&. ORGANIZATIONAL UNIT I It. ADDRESS I ! I FUNUINO 31. ACTION TAKEN 32. C .. AWARDED o .. REJECTED Ot.. IETVRNED FOR . AIIEJalIlEIIT [] .. DUUIlED n .. WITHDRAWN 3L fEDERAL AGENCV ~5 ACTION ' I. fEDERAL $ .00 II. APPLICANT .00 c. STAll .00 d. LOCAL .00 .. OTHER .00 f. TorAL S .00 .. III telln, lbov, Iclion. IllY _m.." neel'" .... cl.t1nlllouMs WI" CIIn. lidlred. It IllnCY ,"pon.. II due lInder pnvlll"" II h:l 1. OMS C1rculu A-1l5, It bll .... II' II bli... 1IId,.' '. ' 'r:~~~ :!._..:~~l,:i...: ll{o :l( 2S. APPLICA- Jl_ _NA ... TION RECEIVED 19 2L FEDERAL APPLICATION IDENllflCATION 10. FEDERAL GRANT' IDENTIFICATION '- 14. STARTINO DATE 19 It. :rlOr .CIItIA ... ENDING DATE II 17. REMARKS ADDED JllOr -a ... o V.I orco .. fEDERAL AGENCY ,...U OFFICIAL (N ..... OM IIIIS'.... 110.) STANDARD ro.... .24 PME I (10-71) ....-0.1 .. QSA, r.ur.J _........, ~ r.., ~ ,'. . , - '-:::1 . . ' .._":":-,. ('~~E~~~.~i.;.:.: . . .. . ~.' :,: I:.~. ': . .; ..':" I". f ',' '.::~1r;:..":..:.. . . '. : :" . DEPARTMENT OF TRANSPORTATION. FEDERAL AVIATION ADMINISTRATION . OM8 NO. eD-ROle. PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this ossistance request require State, local, regional, or other priority rating? Yes X No Item 2. Does this assistance request require State, or local advisory, educational or health clea,ances? __Yes X Nome of Governing Body Priority Rating Nome of Agency or Boord No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A.95? x Yes No Item 4. Does this assistance request require State, locol, regional or other planning approval? __ Yes X (Attach Comments) Houston-Galveston Area Council Nome of Approving Agency Dote No Item 5. Is the proposed project covered by an approved comprehensive plan? X Yes Item 6. Will the assistance requested serve 0 Federal installation? __ Yes Item 7. Will the assistance requested be on Federal land or installation? Yes Item 8. Will the assistonce requested hove on impact or effect on the environment? Yes X No Item 9. Will the ossi stance requested couse the displacement of individual s families, businesses, or forms? Yes X Check one: State r i Local r; Regional rJ(! No Location of plan Houston-Galveston Area Council X Name of Federal Installation No Federal Population benefiting from Project X Nome of Federal Installation Location of Federal Land No Percent of Project See instruction for additional information to be provided. No Number of: Individual s Families Businesses Forms Item 10. Is there other ,elated Federal assistance on this project previous, pending, or anticipated? Yes Page 2 See instructions for odditional information to be provided. x No FAA Form 5100-100 (6-731 SUPERSEDES FAA FORM 5100- 10 PAGES I THRU 7 '. . e DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMS NO. 04.R0209 PART II . SECTION C (SECTION B OMITTED) The Sponsor hereby represents and certifies as follows: I. Compatible Land Use.-The Sponsor has taken the following actions to assure compatible usage of land adjacent 10 or in the vicjnity of the airport: , The Sponsor is awaiting off-airport land use recommendations from upco~ing Comprehensive Master Plan before taking specific actions to assure compat1bl~ land use in areas adjacent to the airport. 2. Delaults.-The Sponsor is not in default on 'any obligation tCJ the United States or any agency of the Uniled States Crovern. ment relative to the development, operation, or maintenance of any airport, except as s~ated herewith: None 3. Possible Disabilities.-There are no facts or circumstances (including the existence of effective or proposed leases, use agreement!! or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it anpossi~le 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 other,wise, except as follows: None 4. Land.-(a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with ,the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A ": None *State character of property intered in' each area and lid and identify for each all exceptions, encumbrances, and adverse interests of every kind and ~ature, including films, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property mnp. FAA Form 5100-100 (4.76) Page 3a ". e e . DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION 01\1I8 NO. 04-R0209 PART Il - SECTION C (Continued) The Sponsor further certifies that the abo\'e is based on a title examination by a qualified attorney or title company and that such attorney or title compan)' has determined that the Sponsor holds the abm'e property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of an)' construction work under the, Project. the following property interest in the following areas of land* on which such con;;truction work is to be performed. all of which areas are identified on the aforementioned property map designated as Exhibit "A ": None (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 followina areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion 01 the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None 5. Exclusive Rights.-There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: The primary operator on ,the airport has lease that grants some exclusive rights. However, the City, t~rough its airport consultant, is negotiating a new lease for all tennents and expects to execute standard leases with all operators during 1985. "'State character of property intere!t in each area and Ii!t and identify for each all erception!, encumbrance!, and aduene intere!t! of euery kind and nature, including lien!, ea!ement!, lea!e!, etc. The !eparate area! of land need only be identified here by the area numben,!hown on the property map. FAA Form 5100-100 (4-761 PIlgB 3b . DEPARTMENT OF TRANSPORTATION. FEDERAL AVIATION ADMINISTRATION e OMS NO. IO..Ro,e.. . PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No. . . . . . . . . . . . . 2. Functional or Other Brea~aut . . . . . . . . . . . . . . . . . . . . SECTION B - CALCULATION OF FEDERAL GRANT Use only for re..isions Total Cost Clonificot ion Amoun' Lotest Appro..ed Ad justment Required Amount + or (-) 1. Administration expense S S S 2. Prel ;ilIinary expense 3. Lalld,stfUctures, right.ot.way 4. Architectural engineering basic tees 50,000 5. Other architectural engineering fees 10 000 6. Project inspection fees 30,000 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal , 11. Construction and project improvement 516,666 12. Equipment 13. Mi scell aneous 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) 66fi_fififi c.c.c. c.c.c. 20. Federal Shale requested of Line 19 600.nnn c.nn nnn 21. Add Rehcmilitation Grants Requested (100 Percent) 22. Total Federa'l grant relJlested (lines 20 & 21) e::nn nnn c.nn nnn -.,- 23. Grantee share e::e:: e::e::e:: cc ccc 24. Other shares 25. Total project (Lines 22, 23 & 24) S 6f\f\_fif\f\ S S e::e::e:: e::e::e:: FAA Form 5100-100 (673) SUPERSEDES FAA FORM 1100 -10 PAGES I THRU 7 Page 4 . .- DEP~RTMENT OF TRANSPORTATION. FEDERAL AVIATION ADMINISTRATION OMB NO. BO.ROtB4 SECTION C - EXCLUSIONS Classilication Ineligible for E.e1uded from Participation Contingency Provision 26 11\ 12\ a. $ $ b. c. d. e. f. g. Totols S $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share S a. Securities b. Mortgages c. Appropriations (By Applicant) 66,666 d. Bonds e. Tax levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share 2R. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL S 66,666 SECTION E - REMARKS PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 16-731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Pooe 5 ... e PART V e ". ASSURANCES (For 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. The sponsor hereby assures and certifies, with respect to the grant applied for in this Application, 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 Barriers Act of 1968 n. Vietnam Era Veterans' Readjustment Assistance Act of 1974 - Section 402 o. Airport and Airway Improvement Act of 1982 p. Powerp1ant and Industrial f\lel Use Act of 1978 - Section 403 Federal Re~ulation 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 b. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs c. 49 CFR Part 27 - Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting 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. 111 CFR Part 150 - Airport Noise COmpatibility Planning Office of Hana~ement and Bud~et Circulars a. A-95 - Evaluation, Review and COordination of Federal and Federally Assisted Programs and Projects b. A-l02 - Uniform Requirements for Assistance to State and Local Governments c. FHC-74-4 - Cost Principles Applicable to Grants and Contracts with State and Local Governments Executive Orders' 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 ot Flood Hazal"Cls 2. Consistency with Local Plans. The project is ressonably consistent with plans (existing at the time of approval of the project) ot public agencies authorized by the state in which such airport is located to plan for the development ot 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. II. Authority of Sponsor. It has legal authority to apply for the grant, and to tinance 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 FAA Form 5100-100 (11-82) Develop..nt Page 6 .. . e 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 vill 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 HearinKs. 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 runvay location and its consistency with the goals and objectives of such planning as has been carried out by the community and shall, vhen 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 runvay extension. or runway location, it vill proVide for the Governor of the state in vhich the project is located to certify in writing to the Secretary that the project vill be located, designed, constructed, and operated so as to comply with applicable air and vater quality standards. In any case vhere such standards have not been approved and where applicable air and vater quality standards have been promulgated by the Administrator of the Environmental Protection Agency, oertification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty (60) days after the project application has been received by the Secretary. 9. Economic Nondiscrimination. It vill make its airport available as an airport for public use on fair and reasonable terms and vithout 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 nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and such nondiscriminatory and substantially comparable rules, regulations, and conditions as are applioable to all such air carriers which make similar use of such, airport and which utilize similar facilities, subject to reasonable olassifications such as tenants or nontenants, and combined passenger an~ cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably Vithhe~d by any airport proVided an air carrier assumes obligations substantially simil.r to tbose already imposed on tenant air carriers, and (8) each fixed-base operator at any airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-base operators making the same or similar uses of such airport utilizing the same or similar facilities, and (e) each air carrier using such airport shall have the right to s~rvice itself or to use any fixed-base operator that is authorized by tbe airport or permitted by the airport to serve any air carrier at such airport, and (D) tbat 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 e~ercise 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 vill be provided on the same conditions as vould apply to the furniShing of such services by contractors or concessionaires of the sponsor under these provisions. Provide~, that the sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as ..y be neoessary for the safe and efficient operation of the airport; and provided further, that the sponaor may proh~bit or limit any given type, kind, or class of aeronautical use of the airport or neoessary to service the ~iv1l aviation needs of the public. 10. Exclusive Rights. It vill permit no exolusive rigbt tor the use of the airport by any persons proViding, or intending to prOvide, aeronautioal services to the publio. For pu'rposes of this paragrapb, the providing of services at an airport by a siQ8le t1xed-base operator shall not be construed as an exclusive right if both of the follOWing apply: (1) it would be uareaaonably oostly, burdensome, or impractical for more than one fixed-base operator to provide suob services; and (2) it allOWing more than one tixed-base operator to provide such services vould require tbe reduction ot space leased pursuant to an existing agreement betveen such single tixed-base operator and auch airport. It turther agrees tbat it vill Dot, either direotly or iDdi~otly, graat or permit any person, firm, or corporation the excluaiye riSbt at tbe airport, or at aay other airport nov oVDed or controlled by it, to conduct any aeronautical aotivities, inoluding but not limited to oharter tlights, pilot training, aircraft C'II. c-__ ,....,,"" ..""'^ ,.... f"l_\ _ .. . e rental and sightseeing, aerial photography, crop dusting. aerial advertising and s~rveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate 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 maintai,. in a safe and serviceable condition and in accordance with the minimum standar4s as may be required or presc,'ibed by the applicable Federal, state, and local agencies for the 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 cor~itions 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 circumstances 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 t~e establishment or creation of future airport hazards. 13. Compatible Land Use. It will take appropri~te 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 ~y 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 th~ 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 b.Y 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 facilities for, and uses in connection with, any air traffic control or air nav1gation activities, or weather reporting and communication activities related ~o 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 4 months after receipt of written requests from the Secretary. 16. Standard AccountinK Systems. It will keep all,project accounts and records in accordance with a standard system of accounting prescribed b.Y 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 alrport, taklng Into account such factors as the volume of traffic and economy of cOllectlon, except that no part of the Federal share of an airport development or airport planning project for which a grant is made under thls tltle or under the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be Included In the rate base in establlshing fees, rates, and charges for users of that airport. FAA Fol"III 5100-100 (11-82) Development Page 8 29.. J c . . c c . . i 30. ~ I ~ q P lA Po e e 18. Reports and Inspections. It will submit to the Secretary such annual or special airport financial and ~~~~= tiORS 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 ~~~~" instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. 19. Airport Reyenue. 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: ProYided. however, that if covenants or assurances in debt obligations ~~~~::~_:. issued by the owner or operator of the airport, or proviSions in governing statutes controlling the owner or operator's flnanc1,ng, 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 by the airport shall not apply. 20. Consultation with Users. In making a decision to undertake any airport development project under this title, it will 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 ~~l~ or regulation, and has provided for access to the passenger enplaning and deplaning area of such alrport to passengers enplaning or deplaning from aircraft other than air carrier aircraft. 22. Construction Inspection and Approyal. It will 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 will be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures will require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 23. Minimum Wa~e Rates. It will include, in all contracts in excess of $2,000 for work on projects for airport development approved under 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 wll1 be stated in the invitation f~r bids and will be included in proposals or bids for the work. 24. Veterans Preference. It will include, in all contracts for work under project-grants for airport development which involve labor, such provisions as are necessary to ensure that, in the employment of labor (except ln executive, administrative, and superVisory P08itions), preference will be given to veterans Df the Vietnam era and disabled veterans as defined in Section 5l5(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 RecordkeepiQK Requirements. It will 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 and nature of tha"t 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 0' the United States, or any ot thelr duly authorized representatives, tor the purpose ot 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 recipien,t. 26. Audit Reports. In any ca~e in which an independent audit is made of its accounts relating to the disposition of the proceeds of a grant or relating to the plan or program in connection with which the grant was glyen or used, it will file a certified copy of such audit with the Comptroller General of the United States not later than 6 months following the close of tbe fiscal year for which the audit was made. 27. Civil Rights. It will oomply witb such rules as are promulgated to assure that no person shall, on the grounds of raoe, creed, oOlor, national origin, sex, age, or handicap be exoluded from partiCipating in any activity c~nducted with or benetiting trom tunds reoeived from this grant. 28. Airport Layout Plan. It will keep up to date ,at all tilles an airport layout plan of the airport showing (1) boundaries of tbe airport aDd all proposed additions thereto, together with tbe boundaries of all offsite areas owned or controlled by ~e spoDsor tor airport purposes and proposed additions thereto; (2) the loc,tion and nature ot all existing and proposed airport taoilities and structures (suoh as runways, taxiways, aprons, terminal buildings, hansars aDd roads), including all proposed extensions and reductions of existing airport tacilities; and (3) the location ot all existing and proposed nonaviation areas and of all existing iIIprovements thereon. Suob airport layout plan and eacb ...n~ent, revision, or .oditication tbereot, shall be subject to the approval ot the Seoretary whioh approval .hall be endenced by the signature o,t a duly authorized representative ot the Seoretary on the taoe of the airport layout plan. The sponsor will not .ake or permit any obanse. or alterations In tbe airport or in .ny ot It. tacilitie. other than in oonformity vi tb tbe airport layout plan a. .0 approved by tbe Secretary if .ucb obangea or alterations might adversely atteot the .arety, utility, or etrl01eooy ot the airport. FAA Form 5100-100 (11-82) Development Page 9 : e e . . . . 29. Preserving AirDort Rights and Powers. It vill not enter into any transaction vbicb vould operate to deprive it 'of any of tbe riSbts and povers necessary to perrol'lD any or all of tbe assurances berein vi thout the vritten approval of tbe Secretary. and vill act to acqUire. extinsuisb or modify any outstandins risbts or claims or risbt or otbers vbioh would interfere vitb suob performance by tbe sponsor. This shall be done in a manner acceptable to the Secretary. It vill not dispose of or encumber lts tltle or otber lnteresta ln the slte and facllltles durins the period of Federal lnterest or wblle tbe Qovern.ent bolds bonds. whicbever is tbe lonser. The obllsation to perfol'lD all sucb covenants may be assumed by anotber pUblio ..ency found by tbe Secretary to be elisible under tbe act to aasume sucb obUsaUons and bav11l1 tbe power. autbority. and flnanclal resources to carry out all such obUsations. If an arransement 18 _de for _Mae..nt or operatlon of the alrport by any asenay or .person other than tbe sponsor or an ..ployee ot the sponsor. the sponsor wlll reserve sufflclent rlsbts and autborlty to ensure that tbe alrport wlll be operated and ..lntalned ln accordance vltb tbe act, the resulations. and thea. co"enanta. 30. Constructlon Accompllabment. It w1ll execute the projeot 1n aooordance wltb plans. apeclflcations, and achedules as approved by tbe Seoretary. and lncorporated bereln. or wltb modlfications slmilarly approved, and will provide and ..lntain oa.petent tecbnioal superVision at tbe construotion aite to assure that completed work oontol'lDa witb the approved plana and speo1fioations. PAA Po... 510D-100 (11-82) J)e"'los-eat, Page 10 ~ e e . . . . STANDARD DOT TITLE VI ASSURANCES C'iry of La Portp. (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (OOT), 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 -- Effectuation of Title VI of the Civil Rights Act of 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 measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerni~g Project No. 3-48-012"7-02 (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 requirements of the Regulations. 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: Ci ty of ]~a Porte , in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and 49 CFR Part 2l, Nondiscrimination in Federally Assisted Programs of the Department of Tra~sportation, 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 acquisition 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, Page 1 . e e . . . leases, permits, licenses, and stmilar 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 far a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of stmilar 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 wham 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 or pursuant to the Act, the Regulations, and this assurance. 9. It agrees that the United States has a right to seek judicial enforcement with regaJ~d to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining 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 signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED f(-2~ - f t/ By Attachments 1 and 2 Page 2 .~ ~NTRACTOR CONTRACTUAL REQUIREMENTS ~ ATTACHMENT 1 TO STANDARD DOT TITLE VI ASSURANCE ... I" , . 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 Reg~lations. 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 negotation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each, potential subcontractor or supplier shall be notified by the contractor of the contractor's obliga- tions under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance wi th 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 noncompliance 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 provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the 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 sub- contractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (11-82) ,;;.' . ... , .... e . ;. ~ CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTAcm~ENT 2 to STANDARD DOT TITLE VI ASSURANCES The following clauses shall be included'in deeds, licenses, leases, permits, or similar instruments entered into by Ci tv of La Porte pursuant to the provisions of Assurances 6 (a) and 6 (b). 1. The (grantee, licensee, lessee, permitee, etc., as appropriate) for htmself, 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 stmilar services or benefits, the (grantee, licensee, lessee, permitee, 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, permitee, etc., as appropriate) for him.seIf , 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 par- ticipation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the t"" constru.ction 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 subject.ed to discrimination, (3) that the (grantee, licensee, lessee, permitee, etc.) shall use the premises i~ 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. ' (11-82) " .~~':., ':.:_r,' ".'f'.'. ~". -. .