2011-06RESOLUTION 2011-06
EXTRACT FROM THE MINITES OF AN OFFICIAL MEETING OF THE AIRPORT
AUTHORITY OF BLAIR, BLAIR, NEBRASKA, SPONSOR OF THE BLAIR MUNICIPAL
AIRPORT, HELD ON July 19 , 2011.
The following resolution was introduced by Loren Havekost , read in full, seemided
Don Woodhull moved, second
By Loren Havekost , and considered;
RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF A
PAVEMENT PRESERVATION PROGRAM AGREEMENT FOR PROJECT
NO. SA -7P, TO BE SUBMITTED TO THE DEPARTMENT OF
AERONAUTICS OF THE STATE OF NEBRASKA TO OBTAIN STATE
FINANCIAL AID IN THE DEVELOPMENMT OF THE MUNICIPAL AIRPORT.
Be it resolved by the Chairman and members of the Airport Authority of Blair, Blair,
Nebraska, that:
1. The Airport Authority of Blair shall enter into a Pavement Preservation
Program Agreementwith the Nebraska Department of Aeronautics for Project
No. SA -7P for the purpose of obtaining state financial aid in the development
of the Blair Municipal Airport and that such agreement shall be set forth
hereinbelow.
2. The Chairman of the Airport Authority of Blair is hereby authorized and directed
to execute said Pavement Preservation Program Agreement on behalf of
the Airport Authority of Blair, and the Secretary is hereby authorized and directed to
attest said execution.
3. the said agreement referred to herein above is inserted in full and attached
herewith, and made a part hereof as Exhibit "O".
Upon calling for a vote on the resolution, All voted yea, and ,,,voted nay, and the
Resolution therfore was declad passed and approved o July 19 , 2011.
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Secretary Chairman
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LAO.
PAVEMENT PRESERVATION PROGRAM
AGREEMENT
BLAIR PROJECT NO. BTA SA -7P
THIS AGREEMENT, made and entered into by and between the Airport Authority of Blair,
Nebraska, Sponsor for the Blair Municipal Airport hereinafter referred to as the "Sponsor" and the
State of Nebraska, Department of Aeronautics, after herein referred to as the "Department",
WITNESSETH:
WHEREAS, the Sponsor operates a public -use airport, and
WHEREAS, the airport pavement is showing signs of stress and deterioration, and
WHEREAS, the two parties agree that, in the interests of the safety and well being of the air
travelling public, a pavement surface treatment would be beneficial, and
NOW THEREFORE, in consideration of these facts and the mutual covenants contained
herein, the parties hereto agree as follows:
I. The Department agrees:
a. to reimburse the Sponsor for 75 percent of the costs incurred to complete this work,
up to a maximum of $ 15,000.00 in state funds;
b. to prepare the plans and specifications in compliance with state laws and regulations
for the proposed surface treatment;
C. to advertise for bids, conduct a letting, receive bids and make a recommendation for
the award of a contract.
U. The Sponsor agrees:
a. to enter into a contract and pay the contractor periodically based on progress
estimates prepared by the Department,
b. to arrange for construction inspection of the work, if requested by the Department,
and
C. to mark the pavement at their own expense as soon as possible after the surface
treatment. Other Department programs may be used to complete this marking.
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III. The Department shall not be responsible or liable in any manner to the Sponsor or to any
other person whatsoever for any claim, demand, actions or causes of action of any kind or character
arising out of or 'by reason of the execution of this agreement or the negligent performance and
completion of the work and improvements provided for herein by the Sponsor or its agents or
arising out of any contract let by the Sponsor for the performance of any of the work provided
herein.
IV. The Sponsor agrees to indemnify, save and hold harmless the State of Nebraska and all of
its departments, agents and employees of and from any and all claims, demands, actions or causes
of action of whatsoever nature or character arising out of or by reason of the execution or
performance of the work provided for herein by the Sponsor or its agents and further agrees to
defend at its own sole cost and expense any action or proceeding commenced for the purpose of
asserting any claim of whatsoever character arising hereunder as a result of work performed by the
Sponsor or its agents.
CONDITIONS
The terms and conditions of this agreement shall remain in effect for ten years from the date of
execution by the Sponsor. The Sponsor will not sell, lease, encumber or otherwise dispose of
airport real property, acquired with grant money from the Department, without the Department's
approval.
The Sponsor will complete the project without undue delay. The project shall be subject to
the Department's inspection.
2. The Sponsor will operate and maintain the airport as a public use facility in a safe and
serviceable condition, and will not permit any activity thereon which would interfere with
its use for aeronautical purposes. The sponsor is not required to operate the airport during
temporary periods when snow, flood or other climatic conditions interfere. The Sponsor
will comply with the minimum standards of maintenance and operation set by the
Department and the Federal Aviation Administration.
3. The Sponsor will make this airport available as a public use airport on fair and reasonable
terms and without unjust discrimination, to all types, kinds and classes of aeronautical uses.
In its operation of the airport, the Sponsor or any person or organization occupying space or
facilities thereon will not discriminate against any person or class of persons because of
race, color, religion, national origin, sex, handicap or age and will not discriminate against
any employee or applicant for employment based on race, color, religion, sex, age or
otherwise qualified handicapped status.
4. The Sponsor will insert and enforce provisions in any contract or other arrangement that
grants a right or privilege to any person, firm or corporation to engage in any activity for
furnishing services to the public at the airport. These provisions will require the contractor
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to:
a. Furnish said service on a fair, equal and not unjustly discriminatory basis to all users
thereof, and,
b. Charge fair, reasonable, and not unjustly discriminatory prices for each unit or
service. However, it is allowable for the contractor to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions to
volume purchasers.
5. The Sponsor will not grant or permit any person, firm or corporation an exclusive right:
a. to use the airport to provide aeronautical services to the public; nor
b. 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, repair and maintenance of aircraft, or sale of aircraft
parts.
However, the Sponsor may grant or exercise an exclusive right for furnishing nonaviation
products and supplies or any nonaeronautical service.
6. The Sponsor will submit all leases, permits, and agreements for the airport to the
Department upon request. The Department may withhold 20% of payments due the
Sponsor until all leases, permits and agreements are acceptable to the Department.
7. The Sponsor will provide a drug-free workplace at the site of work specified in this
agreement.
8. The Sponsor will take appropriate action to ensure that the airspace required for airport
operations will be adequately cleared and protected. The Sponsor agrees, to the best of its
ability, to prevent construction, erection, alteration or growth of any object within or outside
the boundaries of the airport which would create a hazard to aircraft operating at or near the
airport or otherwise limit the usefulness of the airport. Appropriate actions may include
removing, lowering, relocating, marking, lighting or otherwise mitigating existing airport
hazards and preventing the establishment or creation of future airport hazards. The Sponsor
will, to the best of its ability, arrange for height restriction zoning of the area around the
airport as allowed under Nebraska Statutes.
9. The Sponsor will not enter into any transaction that would operate to deprive it, or any legal
successor, of the rights and powers necessary to comply with any or all of the covenants
made herein.
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10. During the term of these covenants, the Sponsor will maintain a current system of airport
accounts and records, using a system of its own choice sufficient to provide annual
statements of income and expense. It will furnish the Department with such annual or
special airport financial and operational reports as may be reasonably requested.
11. If this airport ceases be a public -use airport before the applicable time period has expired, or
if any other covenants of this agreement are substantially violated without the Department's
approval, the Sponsor will reimburse the Department the following amount:
Years remaining X Amount of Dept.'s money granted.
10 years
IN WITNESS WHEREOF, the Parties have authorized these presents to be executed by their
proper officials, as of the dates shown below.
Executed by the Nebraska Department of Aeronautics this 22nd day of June, 2011.
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(Witness)
Executed by the Airport Authority of Blair this
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day of
(b'/rector)
2011.
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