Repository: UIHistories Project: Board of Trustees Minutes - 1970 [PAGE 427]

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1969]

U N I V E R S I T Y OF I L L I N O I S

427

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the Federal Aviation Administrator or the Federal Aviation Administration as the case may be. The Sponsor — ( a ) Will not grant or permit any exclusive right forbidden by section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349 (a)) at the airport, or at any other airport now or hereafter owned or controlled by it; ( b ) Agrees that, in furtherance of the policy of the F A A under this covenant, unless authorized by the Administrator, it will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the airport, or at any other airport now or hereafter owned or controlled by it, to conduct any aeronautical activities, including, but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum 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; ( c ) Agrees that it will terminate any existing exclusive right to engage in the sale of gasoline or oil, or both, granted before July 17, 1962, at such an airport, at the earliest renewal, cancellation, or expiration date applicable to the agreement that established the exclusive right; and ( d ) Agrees that it will terminate any other exclusive aeronautical right now existing at such an airport before the grant of any assistance under the Federal Airport Act. The F A A in tendering this Grant Offer on behalf of the United States recognizes the existence of an agency relationship between The Board of Trustees of the University of Illinois, as principal, and the State of Illinois, Department of Aeronautics, as agent, created by the Agency and Participation Agreement, executed for and on behalf of the said Board of Trustees on 24 January 1969, and for and on behalf of the said Department on 4 February 1969. It is understood and agreed that the said Agency and Participation Agreement will not be amended, modified or terminated without the prior approval, in writing, of the F A A. It is understood and agreed that any reference herein or in the aforesaid Project Application, dated 24 January 1969, to plans and specifications, shall mean the plans and specifications as approved by the State Airport Engineer for Illinois, Chicago Area, Federal Aviation Administration, on 6 May 1969. The Federal Government does not now plan or contemplate the construction of any structures pursuant to Paragraph 9 of P a r t I I I — Sponsor's Assurances of the Project Application, dated 24 January 1969, and, therefore, it is understood and agreed that the Sponsor is under no obligation to furnish any such areas or rights without cost to the Federal Government under this Grant Agreement. It is further understood and agreed that nothing contained herein shall in any way effect the rights of the United States or obligations of the Sponsor under prior Grant Agreements to furnish rent free space for the activities specified in such prior Agreements. It is understood and agreed by and between the parties hereto that the United States shall not make, nor shall it be obligated to make, final grant payment hereunder until evidence has been submitted satisfactory to the F A A that the Sponsor has accomplished or initiated affirmative measures to achieve mutually compatible Jand-use of the land in the immediate vicinity of said airport. It is understood and agreed by and between the parties hereto that the United States shall not make, nor shall it be obligated to make, final grant payment hereunder, until the F A A has determined that the lease agreement between the Sponsor and Dale L. Moore Snack Bar, has been amended to include therein Title VI of the Civil Rights Act of 1964 and Part 15 of the Federal Aviation Regulations; and the Sponsor agrees that it will submit such copies of the amended lease as the F A A may request for the purpose of making such determination.

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