Repository: UIHistories Project: Board of Trustees Minutes - 1978 [PAGE 115]

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104

BOARD OF TRUSTEES

[October 20

of the Federal Aviation Act of 1958, using such airport shall be subject to nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any Sponsor provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (b) each fixed base operator using a general aviation 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; provision (a) above shall not require the reformation of any lease or other contract entered into by a Sponsor before July 12, 1976. A Sponsor shall not require the reformation of any lease or other contract entered into by a Sponsor before July 1, 1975. 15. It is understood and agreed that no part of the federal share of an airport development project for which a grant is made under the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701, et seq.), or under the Federal Airport Act, as amended (49 U.S.C. 1101, et seq.), shall be included in the rate base in establishing fees, rates, and charges for users of the airport. 16. This project and all work performed thereunder is subject to the Clean Air Act and the Federal Water Pollution Control Act. Accordingly: a. T h e Sponsor hereby stipulates that any facility to be utilized in performance under the grant or to benefit from the grant is not listed on the EPA List of Violating Facilities. b. The Sponsor agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. c. T h e Sponsor shall notify the FAA of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the grant is under consideration to be listed on the EPA List of Violating Facilities. d. The Sponsor agrees that he will include or cause to be included in any contract or subcontract under the grant which exceeds $100,000 the criteria and requirements in these subparagraphs (a) through ( d ) . 17. It is understood and agreed by and between the parties hereto that any reference herein or in the aforesaid Application for Federal Assistance, dated May 24, 1976, to plans and specifications shall mean the plans and specifications approved by the State Airport Engineer, Illinois, Chicago Airports District Office, Great Lakes Region, Federal Aviation Administration, on May 19, 1976. 18. T h e Federal Aviation Administration in tendering this 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 Transportation, Division of Aeronautics, as agent, created by an Agency and Participation Agreement entered into for and on behalf of the Board of Trustees of the University of Illinois on June 1, 1976, and for and on behalf of the State of Illinois, Department of Transportation, Division of Aeronautics, on June 10, 1976. It is understood and agreed that such Agency and Participation Agreement will not be amended, modified, or terminated without prior approval, in writing, of the FAA. 19. The Sponsor hereby covenants and agrees that the Airport Lighting Facilities installed or to be installed under this project at the airport shall be operated,