Repository: UIHistories Project: Board of Trustees Minutes - 1968 [PAGE 723]

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1967]

UNIVERSITY OF ILLINOIS

671

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held from the contractor or subcontractor so much of the accrued payments as may be considered necessary to pay laborers and mechanics employed by any such contractor or subcontractor on the work the full amount of wages required by the contract and such sums as may administratively be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for liquidated damages as provided by the Act. It is also understood and agreed that, in the event of failure of any contractor or subcontractor to pay any laborer or mechanic employed or working on the site of the work all or part of the wages required by the contract, the F A A may, after written notice to the Sponsor, withhold from the Sponsor so much of the accrued payments or advances representing unpaid wages and liquidated damages. The Sponsor hereby convenants and agrees that its financial records of the project, established, maintained and made available to personnel of the F A A in conformity to Section 151.55 of the Regulations of the Federal Aviation Agency (14 C F R 151) will also be available to representatives of the Comptroller General of the United States. By its acceptance of this Grant Offer the Sponsor agrees that insofar as is within its powers and to the extent reasonable, the Sponsor will take action 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 take-off of aircraft, in furtherance of its undertaking as set forth in Paragraph 13 of P a r t I I I •— Sponsor's Assurances of the aforesaid Project Application. By its acceptance hereof, the Sponsor hereby covenants that to the extent it has or may have either present or future control over each area identified on the Exhibit " A " as "clear zone", and unless exceptions to or deviations from the following obligations have been granted to the Sponsor in writing by the F A A , it will clear said area or areas of any existing structure or any natural growth which constitutes an obstruction to air navigation within the standards established by Section 77.23 as applied to Section 77.27, Part 77 of the Federal Aviation Regulations; and the Sponsor further covenants that it will control the subsequent erection of structures and control natural growth to the extent necessary to prevent the creation of obstructions within said standards. The Sponsor hereby further covenants that it will not permit any permanenttype structures, other than structures required for aids to air navigation and such other structures as may be specifically excepted in writing by the FAA, to be erected on, and that it will cause any existing structures to be removed from, each area identified on the Exhibit "A" as "clear zone" or any portions thereof, concerning which the Sponsor has acquired a fee interest with Federal financial assistance, irrespective of whether such structures constitute an obstruction to air navigation. The Sponsor hereby further covenants that, to the extent the land concerned is presently or hereafter owned or controlled by the Authority, it will not cause or permit any structure or object of natural growth to extend above the plane of the light path within the area comprising the site of any Approach Light System serving the aforesaid airport (an A L S site being an area extending 3200 feet outward from the approach end of the runway served and 400 feet in width located symmetrically about the projected runway centerline). It is hereby understood and agreed by and between the parties hereto that P a r a graph 7 of P a r t I I I — Sponsor's Assurances of the aforesaid Project Application shall be considered to be amended by deletion of the words "Section A of F A A Technical Standard Order No. N18 or Advisory Circular (AC) No. 150/5300.1, whichever is applicable according to the currently approved Airport Layout Plan", and by substitution therefor of the following: "Section 77.23 as applied to Section 77.27, P a r t 77 of the Federal Aviation Regulations." "Notwithstanding the provision of Paragraph 3, Part I I I , of the Project Application, the Sponsor covenants and agrees that it 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) at the airport, or at any other airport now or hereafter owned or controlled by it. In furtherance of the policy of the F A A under this convenant, the Sponsor agrees that, 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 here-