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HomeMy WebLinkAboutResolutions - 1989.11.09 - 17085chard G. Skarritt, Chairperson G•VEBNNENT AND TRANSPORTATION commrme QING RESOLUTION MISCELLANEOUS RESOLUTION # 89290 November 9, 1989 BY: GOVERNMENT AND TRANSPORTATION COMMIT:mg - Richard G. Skarritt, Chairperson RE: CAKLAND/PONTIAC AIRPORT - MICHIGAN AERONAUTICS COMMISSION GRANT PROGRAM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr, Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland is in receipt of a Michigan Aeronautics Commission grant agreement, Project No. 3-26-0079-0789, for the development and improvement of the Oakland/Pontiac Airport; and WHEREAS, the development project consists of construction of an Airport Rescue Fire Fighting and Maintenance Building and a service road leading to the building in accordance with the Airport Master Plan as adopted by the Oakland County Board of Commissioners; and WHEREAS, the County's match is in the form of credits from previous projects, reimbursement for land previously purchased and no additional County funds are required; and WHEREAS, the Airport Committee has reviewed and approved the program subject to ratification by the Oakland County Board of Commissioners and believe it to be in the County's interest to accept the grant. NOW THEREFORE BE IT RESCIVED that the County of Oakland accepts the grant award, Project No. 3-26-0079-0789, in the amount of $55,575 from the Michigan Aeronautics Commission. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is hereby authorized to execute the grant agreement on behalf of the County of Oakland. Mr. Chairperson, on behalf of the Government and Transportation Committee, I move the adoption of the foregoing resolution. Airport Location Oakland-Pontiac FM 63-1-C66 Project No. Michigan Department of Transportation Bureau of Aeronautics Capital City Airport Lansing, Michiaan 48906 AGREEMENT ON AIRPORTS UNDER MICHIGAN AID AIRPORT PROGRAM This agreement entered into this day of , 19 , by and between the County of Oakland , a legally existing political subdivision of the State of Michigan, referred to herein as the Airport Sponsor, and the Michigan Aeronautics Commission, a legally existing Commission of the State of Michigan, referred to herein as the Commission, WITNESSETH: WHEREAS, the Airport Sponsor has submitted a request to the Michigan Aeronautics Commission for a grant of State funds for a project at the Oakland-Pontiac Airport (herein called the Airport) for the development of Aircraft Rescue/Fire Fighting Building and WHEREAS, the Michigan Aeronautics Commission, acting in accordance with Act 3Q0 , Public Acts of 19 83 , has approved such a 21-ant in the amount of fif4-v-flve thousand five-hundred and sevent -five Dollars (S 55,575.00 ). NOW THEREFORE, the Director of the Michigan Aeronautics Commission, for and on behalf of the Commission, hereby offers and agrees to pay, as the State's share of cost incurred, u p to 5n percent of the Airport Sponsor's share of the eligible final project cost as determined by the Commission. Funds shall not exceed the grant amount for the described development, subject to the following conditions. 1. That the Airport Sponsor shall: (a) Carry out and complete the project without undue delay and in accordance with the applicable statutory requirements and Commission Rules and Regulations, including but not limited to the following: Title VI, Civil Rights Act of 1964; Part 15, Federal Aviation Regulations; Act 251, P.A. 1955; Act 327, P.A. 1945 as amended; R.259.201 et seq of the Michigan Administrative Code. (b) Carry out and complete the project in accordance with the plans and specifications incorporated herein, as they may be revised or modified with the approval of the Michigan Aeronautics Commission. Agreement On Airports Under The Michigan Aid Airport Progxarn Page 2 (c) Maintain said Airport in full operating condition on a year-round basis for a period of twenty years in accordance with the requirements set forth by the Commission Rules and Regulations. 2. During the period referred to in Paragraph(c) above, the Airport shall not be abandoned or closed without the express written permission of the Commission. 3. Failure to operate said Airport in accordance with the terms of this .cz shall constitute grounds for forfeiture of said project, and/or repayment of all grant amounts on a pro rata basis. 4. The Airport Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable terms, and without unjust discrimination. In furtherance of this covenant (but without limiting its general applicability and effect), the Airport Sponsor specifically covenants and agrees: (a) That in its operation and the operation of all facilities on the Airport, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, sex, color, creed or national origin in the use of any of the facilities provided for the public on the Airport. (b) That in any agreement, contract, lease or other arrangement entered into after , 19 under which a right or privilege at the Airport is granted to any person, firm or corporation to render to the public any service (including the furnishing or sale of any aeronautical parts, materials or supplies) essential to the operation of aircraft at the Airport, the Airport Sponsor will insert and enforce provisions requiring the contractor.: to furnish said service on a fair, equal and not unjustly discriminatory basis to all users thereof, and (ii) 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. That it will not exercise or grant any right or privilege which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees (including but not limited to maintenance and repair) that it may choose to perform. (d) In the event the Airport Sponsor itself exercises any of the rights and privileges referred to in Subsection(b), 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 Airport Sponsor under the provisions of such Subsection(b). (1) (c) Agreement on Airports Under . The Michigan Aid Airport Program Page 3 5. Nothing contained herein shall be construed to prohibit the granting or exercise of an exclusive right for the furnishing of non-aviation products and supplies or any service of a non-aeronautical nature or to obligate the Airport Sponsor to furnish any particular non-aeronautical service at the Airport. 6. The Airport Sponsor will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the Airport other than facilities owned or controlled by the United States in the State of Michigan, and will not permit any activity thereon which would interfere with its use for airport purposes: Provided, 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 any act of God or other condition or circumstances beyond the control of the Airport Sponsor. 7. The Airport Sponsor will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace, or by the adoption and enforcement - of zoning regulations, prevent the construction, erection, alteration or growth of any structure, tree or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in the plans and specifications incorporated herein. S. The Airport Sponsor will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the master plan as so approved by the Michigan Aeronautics Commission and the Federal Aviation Administration, if such changes or alterations might adversely affect the safety, utility or efficiency of the Airport. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. IN WITNESS WHEREOF: STATE OF MICHIGAN OftycxVillaW County of Oakland By (Official Authorized To Sign Contracts) Executed and delivered by virtue of and pursuant to Resolution of the (Governing Body) of adopted on , A.D. 19 IN WITNESS WHEREOF: MICHIGAN AERONAUTICS COMMISSION By Director Executed by virtue of and pursuant to action of the Michigan Aeronautics Commission Airport Location Oakland-Pontiac FM 63-1 -C66 Project No. Michigan Department of Transportation • Bureau of Aeronautics Capital City Airport Lansing, Michigan 48906 AGREEMENT ON AIRPOR'IS UNDER MICHIGAN AID AIRPORT PROGRAM This agreement entered into this day of , 19 , by and between the County of Oakland , a legally existing political subdivision of the State of Michigan, referred to herein as the Airport Sponsor, and the Michigan Aeronautics Commission, a legally existing Commission of the State of Michigan, referred to herein as the Commission, WITNESSETH: WHEREAS, the Airport Sponsor has submitted a request to the Michigan Aeronautics Commission for a grant of State funds for a project at the Oakland-Pontiac Airport (herein called the Airport) for the development of Aircraft Rescue/Fire Fighting 6u -ill:lino and WHEREAS, the Michigan Aeronautics Commission, acting in accordance with Act 300 , Public Acts of 19 88 , has approved such a grant in the amount of fifty-five thousand five-hundred and seventy-five Dollars ($ 55,575.00 ). NOW THEREFORE, the Director of the Michigan Aeronautics Commission, for and on behalf of the Commission, hereby offers and agrees to pay, as the State's share of cost incurred, up tn n percent of the Airport Sponsor's share of the eligible final project cost as determined by the Commission. Funds shall not exceed the grant amount for the described development, subject to the following conditions. 1. That the Airport Sponsor shall: (a) Carry out and complete the project without undue delay and in accordance with the applicable statutory requirements and Commission Rules and Regulations, including but not limited to the following: Title VI, Civil Rights Act of 1964; Part 15, Federal Aviation Regulations; Act - 251, P.A. 1955; Act 327, P.A. 1945 as amended; R.259.201 et seq of the Michigan Administrative Code. (b) Carry out and complete the project in accordance with the plans and specifications incorporated herein, as they may be revised or modified with the approval of the Michigan Aeronautics Commission. Agreement On Airports Under The Michigan Aid Airport Program Page 2 (c) Maintain said Airport in full operating condition on a year-round basis for a period of twenty years in accordance with the requirements set forth by the Commission Rules and Regulations. 2. During the period referred to in Paragraph(c) above, the Airport shall not be abandoned or closed without the express written pelinission of the Commission. 3. Failure to operate said Airport in accordance with the terms of this Agreement shall constitute grounds for forfeiture of said project, and/or repayment of all grant amounts on a pro rata basis. 4. The Airport Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable terms, and without unjust discrimination. In furtherance of this covenant (but without limiting its general applicability and effect), the Airport Sponsor specifically covenants and agrees: (a) That in its operation and the operation of all facilities on the Airport, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, sex, color, creed or national origin in the use of any of the facilities provided for the public on the Airport. (b) That in any agreement, contract, lease or other arrangement entered into after , 19 , under which a right or privilege at the Airport is granted to any person, firm or corporation to render to the public any service (including the furnishing or sale of any aeronautical parts, materials or supplies) essential to the operation of aircraft at the Airport, the Airport Sponsor will insert and enforce provisions requiring the contractor.: (i) to furnish said service on a fair, equal and not unjustly discriminatory basis to all users thereof, and (ii) 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. That it will not exercise or grant any right or privilege which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees (including but not limited to maintenance and repair) that it may choose to perform. (d) In the event the Airport Sponsor itself exercises any of the rights and privileges referred to in Subsection(b), 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 Airport Sponsor under the provisions of such Subsection(b). (c) IN WITNESS WHEREOF: Agreement on Airports Under The Michigan Aid Airport Program Page 3 5. Nothing contained herein shall be construed to prohibit the granting or exercise of an exclusive right for the furnishing of non-aviation products and supplies OE any service of a non-aeronautical nature or to oblig ate the Airport Sponsor to furnish any particular non-aeronautical service at the Arport. 6. The Airport Sponsor will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the Airport other than facilities owned or controlled by the • United States in the State of Michigan, and will not permit any activity thereon which would interfere with its use for airport purposes: Provided, 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 any act of God or other condition or circumstances beyond the control of the Airport Sponsor. 7. The Airport Sponsor will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace, or by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration or growth of any structure, tree or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in the plans and specifications incorporated herein. 8. The Airport Sponsor will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the master plan as so approved by the Michigan Aeronautics Commission and the Federal Aviation Administration, if such chances or alterations might adversely affect the safety, utility or efficiency of the Ai -port. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Di WITNESS WHEREOF: STATE OF MICHIGAN OirrAxVillq* County of Oakland By (Official Authorized To Sign Contracts) Executed and delivered by virtue of and pursuant to Resolution of the (Governing Body) of adopted on , A.D. 19 MICHIGAN AERONAUTICS COMMISSION By Director Executed by virtue of and pursuant to action of the Michigan Aeronautics Commission Airport Location Oakland-Pontiac FM 63-l-C66 Project No. Michigan Department of Transportation • Bureau of Aeronautics Capital City Airport Lansing, Michigan 48906 AGREENITN'T ON AIRPORTS UNDER MICHIGAN AM AIRPORT PROGRAM This agreement entered into this day of , 19 , by and between the County of Oakland , a legally existing political subdivision of the State of Michigan, referred to herein as the Airport Sponsor, and the Michigan Aeronautics Commission, a legally existing Commission of the State of Michigan, referred to herein as the Commission, WITNESSETH: WHEREAS, the Airport Sponsor has submitted a request to the Michigan Aeronautics Commission for a grant of State funds for a project at the Oakland-Pontiac Airport (herein called the Airport) for the development of Aircraft Rescue/Fire Fightint Building and WHEREAS, the Michigan Aeronautics Commission, acting in accordance with Act 300 , Public Acts of 19 88 , has approved such a grant in the amount of fift -five thousand five-hundred and sevent -five Dollars (S 55,575.00 ). NOW THEREFORE, the Director of the Michigan Aeronautics Commission, for and on behalf of the Commission, hereby offers and agrees to pay, as the State's share of cost incurred, up t5L percent of the Airport Sponsor's share of the eligible final project cost as determined by the Commission. Funds shall not exceed the grant amount for the described development, subject to the following conditions. 1. That the Airport Sponsor shall: (a) Carry out and complete the project without undue delay and in accordance with the applicable statutory requirements and Commission Rules and Regulations, including but not limited to the following: Title VI, Civil Rights Act of 1964; Part 15, Federal Aviation Regulations; Act - 251, P.A. 1955; Act 327, P.A. 1945 as amended; R.259.201 et seq of the Michigan Administrative Code. (b) Carry out and complete the project in accordance with the plans and specifications incorporated herein, as they may be revised or modified with the approval of the Michigan Aeronautics Commission. eement On Airports Under The Michigan Aid Airport Program Page 2 (c) Maintain said Airport in full operating condition on a year-round basis for a period of twenty years in accordance with the requirements set forth by the Commission Rules and Reg-ulations. 2. During the period referred to in Paragraph(c) -above, the Airport shall not be abandoned or closed without the express written permission of the Commission. 3. Failure to operate said Airport in accordance with the teinis of this Agreement shall constitute grounds for forfeiture of said project, and/or repayment of all grant amounts on a pro rata basis. 4. The Airport Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable terms, and without unjust discrimination. In furtherance of this covenant (but without limiting its general applicability and effect), the Airport Sponsor specifically covenants and agrees: (a) - That in its operation and the operation of all facilities on the Airport, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, sex, color, creed or national origin in the use of any of the facilities provided for the public on the Airport. (b) That in any agreement, contract, lease or other arrangement entered into after , 19 under which a right or privilege at the Airport is granted to any person, firni or corporation to render to the public any service (including the furnishing or sale of any aeronautical parts, materials or supplies) essential to the operation of aircraft at the Airport, the Airport Sponsor will insert and enforce provisions requiring the contractor.: (i) to furnish said service on a fair, equal and not unjustly discriminatory basis to all users thereof, and (ii) 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. (c) That it will not exercise or grant any right or privilege which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees (including but not limited to maintenance and repair) that it may choose to perform. (d) In the event the Airport Sponsor itself exercises any of the rights and privileges referred to in Subsection(b), 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 Airport Sponsor under the provisions of such Subsection(b). Agreement on Airports Under . The Michigan Aid Airport Program Page 3 5. Nothing contained herein shall be construed to prohibit the granting or exercise of an exclusive right ,for the furnishing of non-aviation products and supplies or any service of a non-aeronautical nature or to obligate the Airport Sponsor to furnish any particular non-aeronautical service at the Airport. 6. The Airport Sponsor will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the Airport other than facilities owned or controlled by the United States in the State of Michigan, and will not permit any activity thereon which would interfere with its use for airport purposes: Provided, that nothing herein shall be construed as requiring the maintenance, repair, restoration or replacement of any structure or facilit y which is substantially damaged or destroyed due to any act of God or other condition or circumstances beyond the control of the Airport Sponsor. 7. The Airport Sponsor will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace, or by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration or growth of any structure, tree or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in the plans and specifications incorporated herein. 8. The Airport Sponsor will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the master plan as so approved by the Michigan Aeronautics Commission and the Federal Aviation Administration, if such changes or alterations might adversely affect the safety, utility or efficiency of the Airport.. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. IN WITNESS WHEREOF: STATE OF isliCHIGAN Of*xVillwAx County of Oakland By (Official Authorized To Sign Contracts) Executed and delivered by virtue of and pursuant to Resolution of the (Governing Body) of adopted on , A.D. 19 IN WITNESS WHEREOF: - MICHIGAN AERONAUTICS COMMISSION By Director Executed by virtue of and pursuant to action of the Michigan Aeronautics Commission FM 63-1-C66 Project No Oakland-Pontiac Airport Location Michigan Department of Transportation Bureau of Aeronautics Capital City Airport Lansing, Michigan 48906 AGREEMENT ON AIRPORIS UNDER MICMGAN AID AIRPORT PROGRAM This agreement entered into this day of 19. , by and between the County of Oakland , a legally existing political subdivision of the State of Michigan, referred to herein as the Airport Sponsor, and the Michigan Aeronautics Commission, a legally existing Commission of the State of Michigan, referred to herein as the Commission, WITNESSETH: WHEREAS, the Airport Sponsor has submitted a request to the Michigan Aeronautics Commission for a grant of State funds for a project at the Oakland-Pontiac Airport (herein called the Airport) for the development of Aircraft Rescue/Fire Fighting Building; and WHEREAS, the Michigan Aeronautics Commission, acting in accordance with Act 300 , Public Acts of 19 88 , has approved such a grant in the amount of fifty-five thousand five-hundred and seventy-five Dollars ($ 55,575.00 ). NOW THEREFORE, the Director of the Michigan Aeronautics Commission, for and on behalf of the Commission, hereby offers and agrees to pay, as the State's share of cost incurred, up to 50 percent of the Airport Sponsor's share of the eligible final project cost as determined by the Commission. Funds shall not exceed the grant amount for the described development, subject to the following conditions. 1. That the Airport Sponsor shall: (a) Carry out and complete the project without undue delay and in accordance with the applicable statutory requirements and Commission Rules and Regulations, including but not limited to the following: Title VI, Civil Rights Act of 1964; Part 15, Federal Aviation Regulations; Act 251, P.A. 1955; Act 327, PA. 1945 as amended; R.259.201 et seq of the Michigan Administrative Code. (b) Carry out and complete the project in accordance with the plans and specifications incorporated herein, as they may be revised or modified with the approval of the Michigan Aeronautics Commission. Agreement On Airports Under The Michigan Aid Airport Program Page 2 (c) Maintain said Airport in full operating condition on a year-round basis for a period of twenty years in accordance with the requirements set forth by the Commission Rules and Regulations. - 2. During the period referred to in Paragraph(c) above, the Airport shall not be abandoned or closed without the express written permission of the Commission. 3. Failure to operate said Airport in accordance with the terms of this er shall constitute grounds for forfeiture of said project, and/or repayment of all grant amounts on a pro rata basis. 4. The Airport Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable terms, and without unjust discrimination. In furtherance of this covenant (but without limiting its general applicability and effect), the Airport Sponsor specifically covenants and agrees: (a) , That in its operation and the operation of all facilities on the Airport, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, sex, color, creed or national origin in the use of any of the facilities provided for the public on the Airport. (b) That in any agreement, contract, lease or other arrangement entered into after , 19 , under which a right or privilege at the Airport is granted to any person, firm or corporation to render to the public any service (including the furnishing or sale of any aeronautical parts, materials or supplies) essential to the operation of aircraft at the Airport, the Airport Sponsor will insert and enforce provisions requiring the contractor.: to furnish said service on a fair, equal and not unjustly discriminatory basis to all users thereof, and (ii) 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. (c) That it will not exercise or grant any right or privilege which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees (including but not limited to maintenance and repair) that it may choose to perform. (d) In the event the Airport Sponsor itself exercises any of the rights and privileges referred to in Subsection(b), 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 Airport Sponsor under the provisions of such Subsection(b). (i) Agreement on Airports Under The Michigan Aid Airport Program Page 3 5. Nothing contained herein shall be construed to prohibit the granting or exercise of an exclusive right for the furnishing of non-aviation products and supplies or any service of a non-aeronautical nature or to obligate the Airport Sponsor to furnish any particular non-aeronautical service at the Airport. 6. The Airport Sponsor will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the Airport other than facilities owned or controlled by the United States in the State of Michigan, and will not permit any activity thereon which would interfere with its use for airport purposes: Provided, 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 any act of God or other condition or circumstances beyond the control of the Airport Sponsor. 7. The Airport Sponsor will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace, or by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration or growth of any structure, tree or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in the plans and specifications incorporated herein. 8. The Airport Sponsor will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the master plan as so approved by the Michigan Aeronautics Commission and the Federal Aviation Administration, if such e or alterations might adversely affect the safety, utility or efficiency of the Airporn IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. IN WITNESS WHEREOF: STATE OF MICHIGAN Oittycx5A14tVg4 County of Oakland By (Official Authorized To Sign Contracts) Executed and delivered by virtue of and pursuant to Resolution of the (Governing Body) of adopted on A.D. 19 INT WITNESS WHEREOF: MICHIGAN AERONAUTICS COMMISSION By Director Executed by virtue of and pursuant to action of the Michigan Aeronautics Commission Airport Location Oakland-Pontiac FM 63-1-C66 Project No Michigan Department of Transportation • Bureau of Aeronautics Capital City Airport Lansing, Michigan 48906 AGREEMENT ON AMPORIS UNDER MICHIGAN AID AIRPORT PROGRAM This agreement entered into this day of , 19 , by and between the County of Oakland , a legally existing political subdivision of the State of Michigan, referred to herein as the Airport Sponsor, and the Michigan Aeronautics Commission, a legally existing Commission of the State of Michigan, referred to herein as the Commission, WITNESSETH: WHEREAS, the Airport Sponsor has submitted a request to the Michigan Aeronautics Commission for a grant of State funds for a project at the Oakland-Pontiac Airport (herein called the Airport) for the development of • Aircraft Rescue/Fire Fighting Building and WHEREAS, the Michigan Aeronautics Commission, acting in accordance with Act 300 , Public Acts of 19 88 , has approved such a grant in the amount of fift -five thousand five-hundred and seven v-five Dollars ($ 55,575.00 ). NOW THEREFORE, the Director of the Michigan Aeronautics Commission, for and on behalf of the Commission, hereby offers and agrees to pay, as the State's share of cost incurred, un tn 50 percent of the Airport Sponsor's share of the eligible final project cost as determined by the Commission. Funds shall not exceed the grant amount for the described development, subject to the following conditions. 1. That the Airport Sponsor shall: (a) Carry out and complete the project without undue delay and in accordance with the applicable statutory requirements and Commission Rules and Regulations, including but not limited to the following: Title VI, Civil Rights Act of 1964; Part 15, Federal Aviation Regulations; Act 251, P.A. 1955; Act 327, P.A. 1945 as amended; R.259.201 et seq of the Michigan Administrative Code. (b) Carry out and complete the project in accordance with the plans and specifications incorporated herein, as they may be revised or modified with the approval of the Michigan Aeronautics Commission. cement On Airports Under The Michigan Aid Airport Program Pane 2 (c) Maintain said Airport in full operating condition on a year-round basis for a period of twenty years in accordance with the requirements set forth by the Commission Rules and Regulations. 2. During the period referred to in Paragraph(c) above, the Airport shall not be abandoned or closed without the express written permission of the Commission. 3. Failure to operate said Airport in accordance with the terms of this Agreement shall constitute grounds for forfeiture of said project, and/or repayment of all grant amounts on a pro rata basis. 4. The Airport Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable terms, and without unjust discrimination. In furtherance of this covenant (but without limiting its general applicability and effect), the Airport Sponsor specifically covenants and agrees: (a) - That in its operation and the operation of all facilities on the Airport, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, sex, color, creed or national origin in the use of any of the facilities provided for the public on the Airport. (b) That in any agreement, contract, lease or other arrangement entered into after , 19 , under which a right or privilege at the Airport is granted to any person, firm or corporation to render to the public any service (including the furnishing or sale of any aeronautical parts, materials or supplies) essential to the operation of aircraft at the Airport, the Airport Sponsor will insert and enforce provisions requiring the contractor.: to furnish said service on a fair, equal and not unjustly discriminatory basis to all users thereof, and (ii) 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. That it will not exercise or grant any c or privilege which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees (including but not limited to maintenance and repair) that it may choose to perform. (d) In the event the Airport Sponsor itself exercises any of the rights and privileges referred to in Subsection(b), 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 Airport Sponsor under the provisions of such Subsection(b). (i) (c) Agreement on Airports Under . The Michigan Aid Airport Program Page, 3 5. Nothing contained herein shall be construed to prohibit the granting or exercise of an exclusive right for the furnishing of non-aviation products and supplies or any service of a non-aeronautical nature or to obligate the Airport Sponsor to furnish any particular non-aeronautical service at the Airport. 6. The Airport Sponsor will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the Airport other than facilities owned or controlled by the' United States in the State of Michigan, and will not permit any activity thereon which would interfere with its use for airport purposes: Provided, 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 any act of God or other condition or circumstances beyond the control of the Airport Sponsor. 7. The Airport Sponsor will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace, or by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration or growth of any structure, tree or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in the plans and specifications incorporated herein. 8. The Airport Sponsor will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the master plan as so approved by the Michigan Aeronautics Commission and the Federal Aviation Administration, if such changes or alterations might adversely affect the safety, utility or efficiency of the Air -port. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. IN WITNESS WHEREOF: STATE OF MICHIGAN Cityp<Vi1iwg4 County of Oakland By (Official Authorized To Sign Contracts) Executed and delivered by virtue of and pursuant to Resolution of the (Governing Body) of adopted on , A.D. 19 IN WITNESS WHEREOF: MICHIGAN AERONAUTICS COMMISSION By • Director Executed by virtue of and pursuant to action of the Michigan Aeronautics Commission Airport Location Oak and-Pontiac FM 63-1-C66 Project No. Michigan Department of Transportation • Bureau of Aeronautics Capital City Airport Lansing, Michigan 48906 AGREEMENT ON AIRPORT'S -UNDER MICHIGAN AID AIRPORT PROGRAM This agreement entered into this day of , 19 , by and between the County of Oakland . a legally existing political subdivision of the State of Michigan, referred to herein as the Airport Sponsor, and the Michigan Aeronautics Commission, a legally existing Commission of the State of Michigan, referred to herein as the Commission, WITNESSETH: WHEREAS, the Airport Sponsor has submitted a request to the Michigan Aeronautics Commission for a grant of State funds for a project at the Oakland-Pontiac Airport (herein called the Airport) for the development of Aircraft Rescue/Fire Fighting Building and WHEREAS, the Michigan Aeronautics Commission, acting in accordance with Act 300 , Public Acts of 19 88 , has approved such a grant in the amount of fifty-five thousand five-hundred and seventy-five Dollars ($ 55,575.00 ). NOW THEREFORE, the Director of the Michigan Aeronautics Commission, for and on behalf of the Commission, hereby offers and agrees to pay, as the State's share of cost incurred, up to o percent of the Airport Sponsor's share of the eligible final project cost as determined by the Commission. Funds shall not exceed the grant amount for the described development, subject to the following conditions. 1. That the Airport Sponsor shall: (a) Carry out and complete the project without undue delay and in accordance with the applicable statutory requirements and Commission Rules and Regulations, including but not limited to the following: Title VI, Civil Rights Act of 1964; Part 15, Federal Aviation Regulations; Act 251, P.A. 1955; Act 327, P.A. 1945 as amended; R.259.201 et seq of the Michigan Administrative Code. (b) Carry out and complete the project in accordance with the plans and specifications incorporated herein, as they may be revised or modified with the approval of the Michigan Aeronautics Commission. Agreement On Airports Under The Michigan Aid Airport Program Page 2 (c) Maintain said Airport in full operating condition on a year-round basis for a period of twenty years in accordance with the requirements set forth by the Commission Rules and Regulations. 2. During the period referred to in Paragraph(c) above, the Airport shall not be abandoned or dosed without the express written peiiiiission of the Commission. 3. Failure to operate said Airport in accordance with the terms of this Agreement shall constitute grounds for forfeiture of said project, and/or repayment of all grant amounts on a pro rata basis. 4. The Airport Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable terms, and without unjust discrimination. In furtherance of this covenant (but without limiting its general applicability and effect), the Airport Sponsor specifically covenants and agrees: (a) - That in its operation and the operation of all facilities on the Airport, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, sex, color, creed or national origin in the use of any of the facilities provided for the public on the Airport. (b) That in any agreement, contract, lease or other arrangement entered into after , 19 , under which a right or privilege at the Airport is granted to any person, firm or corporation to render to the public any service (including the furnishing or sale of any aeronautical parts, materials or supplies) essential to the operation of aircraft at the Airport, the Airport Sponsor will insert and enforce provisions requiring the contractor.: (i) to furnish said service on a fair, equal and not unjustly discriminatory basis to all users thereof, and (ii) 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. That it will not exercise or grant any right or privilege which would operate to prevent any , person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees (including but not limited to maintenance and repair) that it may choose to perform. (d) In the event the Airport Sponsor itself exercises any of the rights and privileges referred to in Subsection(b), 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 Airport Sponsor under the provisions of such Subsection(b). (c) Agreement on Airports Under. The Michigan Aid Airport Program Page 3 5. Nothing contained herein shall be construed to prohibit the granting or exercise of an exclusive right for the furnishing of non-aviation products and supplies or any service of a non-aeronautical nature or to obligate the Airport Sponsor to furnish any particular non-aeronautical service at the Airport. 6. The Airport Sponsor will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the Airport other than facilities owned or controlled by the United States in the State of Michigan, and will not permit any activity thereon which would interfere with its use for airport purposes: Provided, 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 any act of God or other condition or circumstances beyond the control of the Airport Sponsor. 7. The Airport Sponsor will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace, or by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration or growth of any structure, tree or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in the plans and specifications incorporated herein. 8. The Airport Sponsor will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the master plan as so approved by the Michigan Aeronautics Commission and the Federal Aviation Administration, if such cn or alterations might adversely affect the safety, utility or efficiency of the Airport. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. IN WITNESS WHEREOF: STATE, OF MICHIGAN CvVill/Pg4 County of Oakland By , (Official Authorized To Sign Contracts) Executed and delivered by virtue of and pursuant to Resolution of the (Governing Body) of adopted on , A.D. 19 IN WITNESS WHEREOF: MICHIGAN AERONAUTICS COMMISSION By Director Executed by virtue of and pursuant to action of the Michigan Aeronautics Commission day of No•ember 4-929 LYNN/t. ALLEN, County Clerk/Register of Di Resolution #89290 November 9, 1989 Moved by Skarritt supported by S. Kuhn the resolution be adopted. AYES: Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached resolution adopted by the Oakland County Board of Commissioners at their regular eeting held on November —9', 1989 with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this 9th