**APPLICATION FOR AIRPORT PROPERTY BY
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**49 U.S.C. 47151-47153**

APPLICATION is hereby made to the Department of the Air Force [(Army,
Navy or General Services Administration)]{.underline}[^1] by the
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, a
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ established under the laws of the State
of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(\"Applicant\"[^2]) for transfer to it,
pursuant to 49 U.S.C. 47151-47153 and upon the terms and conditions
herein set forth, of surplus property consisting of portions of the
installation generally known as \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Air
Force Base, Naval Air Station, Marine Corps Air Station, Army Airfield,
(\"\_\_\_\_\_\_ AFB\", \"NAS \_\_\_\_\_\_\_\_\_\_,
MCAS\_\_\_\_\_\_\_\_\_\_\_\_\_\_, \_\_\_\_\_AAF), located in or near
\_\_\_\_\_\_\_\_\_\_\_\_\_\_, State of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
as more particularly described in Schedule A to this Application and
shown on Schedule B hereto, including certain related personal property
described in Schedule C hereto. All real and personal property
identified in Schedules A, B and C are hereinafter referred to as the
\"Airport.\"

[TERMS AND CONDITIONS]{.underline}

1\. [ENTIRE AGREEMENT]{.underline}. This Application and its acceptance
by the Department of the Air Force (\"Air Force\") [(Army, Navy, or
General Services Administration), hereinafter called the
Government]{.underline} \[and the related lease agreement attached
hereto as Schedule D (\"Related Lease\")\], to be executed
contemporaneously with the Application, shall constitute the entire
agreement between the Applicant and the Government unless modified in
writing [and]{.underline} signed by both parties.

2\. [COVENANT AGAINST CONTINGENT FEES]{.underline}. The Applicant
warrants that no person or selling agency has been employed or retained
to solicit or secure acceptance of this Application upon an agreement or
understanding for a commission, percentage, brokerage, or contingent
fee, except bona fide employees or bona fide agencies maintained by the
Applicant for the purpose of doing business. For breach or violation of
this warranty, the Government shall have the right to annul this
contract without liability, or in its discretion, to require Applicant
to pay to it the full amount of such commission, percentage, brokerage,
or contingent fee.

3\. [CONDITION OF THE AIRPORT]{.underline}. It is understood and agreed
that the Airport will be transferred \"as is\" and \"where is,\" without
any warranty or guarantee, expressed or implied, of any kind or nature,
except as otherwise expressly stated in Section 5 below, and the
Government shall not be responsible for any liability to the Applicant
or third person arising from such condition of the property.

4\. [INSPECTION]{.underline}. The failure of Applicant to fully inspect
the Airport or to be fully informed as to the condition thereof will not
constitute grounds for any noncompliance with the terms of this
Application if accepted by the Government.

5\. [CONTRACT FOR THE TRANSFER OF THE AIRPORT]{.underline}. It is the
intent of the Applicant and the Government that this Application, when
accepted by the [Government]{.underline}, will constitute a contract for
the transfer of the Airport to the Applicant, setting forth terms and
conditions to be included in the deed effecting the final disposition of
the Airport. Upon compliance with the requirements of Section 120 of the
Comprehensive, Environmental Response, Compensation and Liability Act of
1980, as amended (CERCLA) (42 U.S.C.A. § 9620) (\"CERCLA 120\"), and
other legal and policy requirements, the Government will, by one or more
quitclaim deeds incorporating the applicable terms and conditions of
this Application and any other reservations, restrictions, easements,
and exceptions, required by law or pursuant to this Application, convey
to the Applicant all of its rights, title and interest in and to the
Airport, and the Applicant will accept the conveyance or conveyances.

6\. [DEED COVENANTS AND CONDITIONS]{.underline}. The deed or deeds
conveying the Airport to the Applicant shall be in a form satisfactory
to the Air Force [(Army, Navy, General Services
Administration)]{.underline} and the Federal Aviation Administration
(\"FAA\"), without warranty, expressed or implied, except that any deed
conveying real property on which hazardous substances were stored for
one year or more, known to have been released, or disposed of shall
contain, as covenants running with the land and binding on the
Government, the covenants required by 42 U.S.C.A. § 9620(h)(3) as
described in subsection 6a(1) below, and any deed conveying real
property identified by the Government pursuant to and in accordance with
42 U.S.C.A. § 9620(h)(4) as real property on which no hazardous
substances and no petroleum products or their derivatives were stored
for one year or more, known to have been released, or disposed of shall
contain, as covenants running with the land and binding on the
Government, the covenants required thereby, as set out in subsection
6a(2) below. The deed or deeds also shall contain covenants running with
the land which require the observance by the Applicant of the
reservations, restrictions, and conditions contained below in Sections
6b to 6o inclusive; except that the provisions of subsections 6b(1) and
6b(2) below shall be included in the deed or deeds as conditions
subsequent rather than as covenants.

a\. [Information and Covenants Pursuant to 42 U.S.C.A. §
9620(h).]{.underline}

\(1\) [42 U.S.C.A. § 9620(h)(3).]{.underline} If any hazardous substance
was stored for one year or more, known to have been released, or
disposed of, on the real property, each deed entered into for the
transfer of such property by the [Government]{.underline} to any other
person or entity shall contain, pursuant to 42 U.S.C.A. § 9620(h)(3),
the following:

\(a\) To the extent such information is available on the basis of a
complete search of the Department of the Air Force (Navy, Army or
holding agency) files, (i) a notice of the type and quantity of such
hazardous substances; (ii) notice of the time at which such storage,
release, or disposal took place; and (iii) a description of the remedial
action taken, if any; and

\(b\) If the Applicant is not a potentially responsible party with
respect to the real property, a covenant warranting that (i) all
remedial action necessary to protect human health and the environment
with respect to any such substance remaining on the property has been
taken before the date of such transfer, and (ii) any additional remedial
action found to be necessary after the date of such transfer shall be
conducted by the Government.

\(c\) A clause granting the Government access to the property in any
case in which remedial action or corrective action is found to be
necessary after the date of such transfer.

\(2\) [42 U.S.C.A. § 9620(h)(4).]{.underline}

\(a\) Pursuant to Section 120(h)(4) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended (CERCLA),
42 U.S.C.A. § 9620(h)(4), the Government has identified the herein
described tracts of land as real property on which no hazardous
substances and no petroleum products or their derivatives were stored
for one year or more, known to have been released, or disposed of. The
Government covenants and warrants that in the event that any response
action or corrective action is found to be necessary after the date of
conveyance, such response action or corrective action shall be conducted
by the Government.

\(b\) The Government reserves a right of access to any and all portions
of the herein described tracts of land for purposes of environmental
investigation or remediation. This reservation includes the right of
access to and use of, to the extent permitted by law, available
utilities at reasonable cost to the Government. These rights shall be
exercisable in any case in which a remedial action or response action or
corrective action is found to be necessary after the date of conveyance
of the herein described tracts of land, or such access is necessary to
carry out a remedial action or response action or corrective action on
adjoining property. Pursuant to this reservation, the Government and its
officers, agents, employees, contractors and subcontractors shall have
the right (upon reasonable notice to the Applicant or the then owner and
any authorized occupant of the property) to enter upon the herein
described tracts of land and conduct investigations and surveys, to
include drillings, test pitting, borings, data and/or record
compilation, and other activities related to environmental
investigation, and to carry out remedial or removal actions as required
or necessary under applicable authorities, including but not limited to
monitoring wells, pumping wells, and treatment facilities.

b\. [Use by the Applicant.]{.underline}

\(1\) [Use as Public Airport:]{.underline} Except as provided in
subsection 6b(4) hereof, the Airport shall be made available as an
airport for use and benefit of the public, on reasonable terms and
without unjust discrimination and without grant or exercise of any
exclusive right for use of the Airport within the meaning of the term
\"exclusive right\" as used in subsection 6b(6).

\(2\) [Maintain in Safe and Serviceable Condition:]{.underline} Except
as provided in **Subsection 5b(4) hereof, the entire landing area, as
defined in [49 U.S.C. 47101 (a)(28)]{.underline}, as amended**, and
Federal Aviation Regulations pertaining thereto, and all structures,
improvements, facilities and equipment in which any interest is
transferred shall be maintained for the use and benefit of the public at
all times in safe and serviceable condition so as to assure its
efficient operation and use; provided, however, that such maintenance
shall be required as to structures, improvements, facilities, and
equipment only during the useful life thereof as determined by the
Secretary of Transportation or his or her successor in function. In the
event materials are required to rehabilitate or repair certain of the
aforementioned structures, improvements, facilities, or equipment, they
may be procured by demolition of other structures, improvements,
facilities, or equipment transferred as a result of this Application and
located on the above-described land, which have outlived their use as
airport property in the opinion of the Secretary of Transportation or
his or her successor in function. Notwithstanding any other provision of
this instrument: (i) with the prior written approval of the FAA, the
Applicant may close or otherwise limit use or access to any portion of
the Airport that it deems appropriate if such closure or use limitation
is related to Airport operating considerations or is based upon
insufficient demand for such portion of the Airport; and (ii) with
respect to any such portion of the Airport, the Applicant shall be under
no obligation to maintain the same other then as may be required to
maintain adequate public safety conditions.

\(3\) [Aerial Approaches and Compatible Land Use:]{.underline} Insofar
as it is within its power and to the extent reasonable, the Applicant
shall adequately clear and protect the aerial approaches to the Airport.
The Applicant will, either by the acquisition and retention of easements
or other interests in or rights for the use of land 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 Part 77 of the Federal Aviation
Regulations, as applicable, according to the currently approved airport
layout plan. In addition, the Applicant will not erect or permit the
erection of any permanent structure or facility which would interfere
materially with the use, operation, or future development of the
Airport, in any portion of a runway approach area in which the Applicant
has acquired, or may hereafter acquire a property interest permitting it
to so control the use made of the surface of the land.

\(4\) [Disposal without consent:]{.underline} No property included in
the Airport shall be used, leased, sold, salvaged, or disposed of by the
Applicant for other than airport purposes without the written consent of
the Secretary or his or her successor in function. This consent shall be
granted only if the Secretary or his or her successor in function
determines that the property can be used, lease, sold, salvaged, or
disposed of for other than airport purposes without materially and
adversely affecting the development, improvement, operation, or
maintenance of the Airport. The term \"property\" as used herein, is
deemed to include revenues or proceeds (including any insurance
proceeds) derived from the Airport.

\(5\) [Public Use for All Types, Classes and Kinds of Aeronautical
Use.]{.underline}

[(]{.underline}a) The Applicant will make its airport available as an
airport for public use on fair and reasonable terms and without unjust
discrimination to all types, kinds and classes of aeronautical use.

\(b\) In any agreement, contract, lease, or other arrangement under
which a right or privilege at the airport is granted to any person,
firm, or corporation to conduct or engage in any aeronautical activity
for furnishing services to the public at the airport, the Applicant will
insert and enforce provisions requiring the contractor to, (i) furnish
said services on a fair, equal, and not unjustly discriminatory basis to
all users thereof, and (ii) 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.

\(c\) Each fixed-based operator at the airport shall be subject to the
same rates, fees, rentals, and other charges as are uniformly applicable
to all other fixed-based operators making the same or similar uses of
such airport and utilizing the same or similar facilities.

\(d\) Each air carrier using such airport shall have the right to
service itself or to use any fixed-based operator that is authorized or
permitted by the airport to serve any air carrier at such airport.

\(e\) Each air carrier using such airport (whether as a tenant,
non-tenant, or subtenant of another air carrier tenant signatory or
non-signatory) shall be subject to such nondiscriminatory and
substantially comparable rules, regulations, conditions, rates, fees,
rentals, and other charges with respect to facilities directly and
substantially related to providing air transportation as are applicable
to all such air carriers which make similar use of such airport and
utilize similar facilities, subject to reasonable classifications such
as tenants or non-tenants and signatory carriers and non-signatory
carriers. Classification or status as tenant or signatory shall not be
unreasonably withheld by any airport provided an air carrier assumes
obligations substantially similar to those already impose don air
carriers in such classification or status.

\(f\) The Applicant will not exercise or grant any right or privilege
which operates 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,
repair, and fueling) that it may choose to perform.

\(g\) In the even the Applicant itself exercises any of the rights and
privileges referenced to in this assurance, 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 Applicant under
these provisions.

\(h\) The Applicant may establish such fair, equal, and not unjustly
discriminatory conditions to be met by all users of the airport as may
be necessary for the safe and efficient operation of the airport.

\(i\) The Applicant may prohibit or limit any given type, kind or class
of aeronautical use of the airport if such action is necessary for the
safe operation of the airport or necessary to serve the civil aviation
needs of the public.[^3]

\(6\) Exclusive Rights. The Applicant will permit no exclusive right for
the use of the airport by any person providing, or intending to provide,
aeronautical services to the public. For purposes of this paragraph, the
providing of the services at an airport by a single fixed-based operator
shall not be construed as an exclusive right if both of the following
apply:

\(a\) It would be unreasonably costly, burdensome, or impractical for
more than one fixed-based operator to provide such services; and

\(b\) If allowing more than one fixed-based operator to provide such
services would require the reduction of space leased pursuant to an
existing agreement between such single fixed-based operator and such
airport.

\(c\) The Applicant further agrees that it will not, either directly or
indirectly, grant or permit any person, firm, or corporation, the
exclusive right at the airport 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 aircraft parts, and any other activities which because
of their direct relationship to the operation of aircraft can be
regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such
an airport before the grant of any assistance under 49 U.S.C. 47107.

\(7\) Operation and Maintenance.

\(a\) The Applicant will suitably operate and maintain the airport and
all facilities thereon or connected therewith, with due regard to
climatic and flood conditions. Any proposal to temporarily close the
airport for non-aeronautical purposes must first be approved by the
Secretary. The airport and all facilities which are necessary to serve
the aeronautical users of the airport, other than facilities owned or
controlled by the Government, shall be operated at all times in a safe
and serviceable condition and in accordance with the minimum standards
as may be required or prescribed by applicable Federal, state, and local
agencies for maintenance and operation. It will not cause or permit any
activity or action thereon which would interfere with its use for
airport purposes.

\(b\) In furtherance of this assurance, the Applicant will have in
effect at all times arrangements for:

\(i\) Operating the airport\'s aeronautical facilities whenever
required;

\(ii\) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and

\(iii\) Promptly notifying airmen of any condition affecting
aeronautical use of the airport.

\(c\) Nothing contained herein shall be construed to require that the
airport be operated for aeronautical use during temporary periods when
snow, flood or other climatic conditions interfere with such operations
and maintenance. Further, 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 an act of
God or other condition or circumstance beyond the control of the
Applicant.

\(9\) Reports and Inspections. The Applicant will submit to the
Secretary such annual or special financial and operations reports as the
Secretary may reasonably require. A report of the airport budget will be
available to the public at reasonable times and places.

\(9\) Airport Layout Plan.

\(a\) The Applicant will keep up to date at all times an airport layout
plan of the airport showing (1) boundaries of the airport and all
proposed additions thereto, together with the boundaries of all off-site
areas owned or controlled by the Applicant for airport purposes and
proposed additions thereto; (2) the location and nature of all existing
and proposed airport facilities and structures (such as runways,
taxiways, aprons, terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities; and
(3) the location of all existing and proposed non-aviation areas and of
all existing improvements thereon. Such airport layout plans and each
amendment, revision, or modification thereof, shall be subject to the
approval of the Secretary which approval shall be evidenced by the
signature of a duly authorized representative of the Secretary on the
face of the airport layout plan. The Applicant will not make or permit
any changes or alterations in the airport or any of its facilities which
are not in conformity with the airport layout plan as approved by the
Secretary and which might, in the opinion of the Secretary, adversely
affect the safety, utility or efficiency of the airport.

\(b\) If a change of alteration in the airport or the facilities is made
which the Secretary determines adversely affects the safety, utility, or
efficiency of any Federally owned, leased, or funded property on or off
the airport and which is not in conformity with the airport layout plan
as approved by the Secretary, the owner or operator will, if requested,
by the Secretary (1) eliminate such adverse effect in a manner approved
by the Secretary; or (2) bear all costs of relocating such property (or
replacement thereof) to a site acceptable to the Secretary and all costs
of restoring such property (or replacement thereof) to the level of
safety, utility, efficiency, and cost of operation existing before the
unapproved change in the airport or its facilities.[^4]

\(10\) Preserving Rights and Powers.

\(a\) The Applicant will not take or permit any action which would
operate to deprive it of any of the rights and powers necessary to
perform any or all of the terms, conditions, and assurances in the
conveyance without the written approval of the Secretary, and will act
promptly to acquire, extinguish or modify any outstanding rights or
claims of right of others which would interfere with such performance by
the sponsor. This shall be done in a manner acceptable to the Secretary.

\(b\) It will not sell, lease, encumber, or otherwise transfer or
dispose of any part of its title or other interests in the property
shown on Exhibit A to this application without the written approval of
the Secretary.

\(c\) The Applicant will take steps satisfactory to the Secretary to
ensure that the airport will continue to function as a public-use
airport in accordance with assurances.

\(d\) If an arrangement is made for a management and operation of the
airport by any agency or person other than the Applicant or an employee
of the Applicant, the Applicant will reserve sufficient rights and
authority to ensure that the airport will be operated and maintained in
accordance with 49 U.S.C. 47107**,** the regulations and the terms,
conditions and assurance in this application and subsequent deed that
such arrangement also requires compliance therewith.

\(11\) Airport Revenues: All revenues generated by the airport from any
property herein conveyed and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the
capital or operating costs of the airport; the local airport system; or
other local facilities which are owned or operated by the owner or
operator of the airport and directly and substantially related to the
actual air transportation of passengers or property; or for noise
mitigation purposes on or off the airport.

\(12\) If at any time it is determined by the [Secretary]{.underline}
that there is any outstanding right or claim of right in or to the
airport property described herein, the existence of which creates an
undue risk of interference with the operation of the Airport or the
performance or compliance with covenants and conditions set forth
herein, the Applicant will, to the extent practicable, acquire,
extinguish, or modify such right or claim of right in a manner
acceptable to the Secretary.

\(13\) As part of the consideration for the transfer, the Applicant
covenants and agrees for itself, its successors and assigns, that: (a)
the program for or in connection with which the transfer is made will be
conducted in compliance with, and the Applicant, its successors and
assigns, will comply with all requirements imposed by or pursuant to the
regulations of the Government Department of Transportation (\"DOT\") as
in effect on the date of the transfer **(49 CFR Part 21)** issued under
the provisions of Title VI of the Civil Rights Act of 1964, as amended;
(b) this covenant shall be subject in all respects to the provisions of
said regulations; (c) the Applicant, its successors and assigns, will
promptly take and continue to take such action as may be necessary to
effectuate this covenant; (d) the Government shall have the right to
seek judicial enforcement of this covenant; and (e) the Applicant, its
successors and assigns, will: (i) obtain from any person, including any
legal entity, who, through contractual or other arrangements with the
Applicant, its successors and assigns, is authorized to provide services
or benefits under said program, a written agreement pursuant to which
such other person shall, with respect to the service or benefits which
he is authorized to provide, undertake for himself the same obligations
as those imposed upon the Applicant, its successors and assigns, by this
covenant; (ii) furnish the original of such agreement to the Secretary
or his or her successor in function, upon his or her request therefor;
and that this covenant shall run with the land hereby conveyed, and
shall in any event, without regard to technical classification or
designation, legal or otherwise, be binding to the fullest extent
permitted by law and equity for the benefit of, and in favor of the
Government against the Applicant, its successors, and assigns.

c\. [Subject to AFB (NAS, AAF, \_\_\_)Federal Facility
Agreement]{.underline}.

\(1\) The Applicant acknowledges that the Airport is subject to the
terms and conditions of the \_\_\_\_\_\_\_\_\_ AFB (NAS, AAF) Federal
Facilities Agreement [(FFA)]{.underline} entered into by Region
\_\_\_\_\_\_\_ of the United States Environmental Protection Agency
(\"EPA\")\_\_\_\_\_\_\_\_, the State of \_\_\_\_\_\_\_\_\_\_\_\_
(\"\_\_\_\_\"), and the Air Force on \_\_\_\_\_\_\_\_\_\_\_, as such
agreement presently exists or may be amended (\"FFA\"), and agrees that
the FFA shall be binding on the Applicant, its successors and assigns,
and any subsequent transferees. Further, the Applicant recognizes that
activities under the FFA must not be impeded or impaired and agrees that
should any conflict between the terms of the FFA and the provisions of
the deed arise, the terms of the FFA will take precedence.

\(2\) The Applicant, its successors and assigns, shall comply with the
provisions of any health of safety plan in effect under the FFA or the
\_\_\_\_\_\_\_\_\_ AFB (NAS, AAF) Installation Restoration Program
(\"IRP\") during the course of any remedial or response or corrective
actions undertaken on the Airport.

\(3\) The [Government]{.underline} assumes no liability to the
Applicant, its successors and assigns, should implementation of the FFA
interfere with the use of the Airport, and the Applicant, or any
successor or assign, shall have no claim on account of any such
interference against the Government or any officer, agent, employee or
contractor thereof.[^5]

d\. [Use by the Government]{.underline}.

\(1\) Use by Government Aircraft. The Applicant will make available all
of the facilities of the airport developed with Federal financial
assistance and all those usable for landing and takeoff of aircraft to
the Government for use by Government aircraft in common with other
aircraft at all times without charge, except, if the use by Government
aircraft is substantial, charge may be make for a reasonable share,
proportional to such use, for the cost of operating and maintaining the
facilities used. Unless otherwise determined by the Secretary, or
otherwise agreed to by the Applicant and the using agency, substantial
use of a n airport by Government aircraft will be considered to exist
when operations of such aircraft are in excess of those which, i the
opinion of the Secretary, would unduly interfere with use of the landing
areas by other authorized aircraft, or during any calendar month that:

\(a\) Five (5) or more Government aircraft are regularly based at the
airport or on land adjacent thereto; or

\(b\) The total number of movements (counting each landing as a
movement) of Government aircraft is 300 or more, or the gross
accumulative weight of Government aircraft using the airport (the total
movement of Government aircraft multiplied by gross weights of such
aircraft) is in excess of five million pounds.[^6]

\(2\) [National Emergency]{.underline}. During any national emergency
declared by the President of the Government or the Congress thereof,
including any existing national emergency, the Government shall have the
right to make exclusive or non-exclusive use and have exclusive on
non-exclusive control and possession, without charge, of the Airport at
which the surplus property applied for herein is located or used, as it
then exists, or of such portion thereof as it may desire. however, the
Government shall be responsible for the entire cost of maintaining such
part of the Airport as it may use exclusively, or over which it may have
exclusive possession or control, during the period of such use,
possession or control, and shall be obligated to contribute a reasonable
share, commensurate with the use made by it, of the cost of maintenance
of such property as it may use non-exclusively or over which it may have
non-exclusive control and possession. The Government shall also pay a
fair rental for use, control or possession, exclusively or
non-exclusively, of any improvements to the Airport made without
Government aid and never owned by the Government.

e\. [Reservations to the Government.]{.underline}

\(1\) Land for Federal Facilities. The Applicant will furnish without
cost to the Federal Government for use in connection with any air
traffic control or air navigation activities, or weather-reporting and
communication activities related to air traffic control, any areas of
land or water, or estate therein, or rights in buildings of the sponsor
as the Secretary considers necessary or desirable for construction,
operation, and maintenance at Federal expense of space or facilities for
such purposes. Such areas or any portion thereof will be made available
as provided herein within four months after receipt of a written request
from the Secretary.[^7]

\(2\) The Government reserves a right of access to any and all portions
of the Airport for purposes of environmental investigation or
remediation. This reservation includes the right of access to and use
of, the extent permitted by law, available utilities at reasonable cost
to the Government, and where applicable, at the same rates common to
tenants at the Airport. These rights shall be exercisable in any case in
which remedial action or a response action or corrective action is
necessary after the date of conveyance at the herein described tracts of
land, or such access is necessary to carry out a remedial action or
response action or corrective action on adjoining property. Pursuant to
this reservation, the Government, Region \_\_\_\_\_\_\_ EPA, and the
State of \_\_\_\_\_\_\_\_ and their respective officers, agents,
employees, contractors and subcontractors shall have the right (upon
reasonable notice to the Applicant or the then owner and any authorized
occupant of the property) to enter upon the herein described tracts of
land and conduct investigations, tests and surveys, to include
drillings, test pitting, borings, data and/or record compilation,
inspections, and other activities related to environmental
investigation, and to carry out remedial or removal actions as required
or necessary under applicable authorities, including but not limited to
monitoring wells, pumping wells, and treatment facilities. Any
inspection, survey, investigation, or other remedial action, or response
action, or corrective action will, to the extent practicable, be
coordinated with representatives designated by the Applicant. The
Applicant shall have no claim on account of such entries against the
Government or any officer, agent, employee, contractor, or subcontractor
thereof.

\(3\) The Government and any successor or successors in interest in or
to any remaining property owned or controlled by the Government at
\_\_\_\_\_\_\_ (AFB, NAS etc.) shall have the right of access to and
from such property or any portion thereof (\"Other Government Lands\")
to the nearest public road or public way along Airport roadways open to
public use and the use of the roadways described in Schedule A, in
common with other users of the Airport and all necessary and convenient
rights of access to such roadways from contagious parcels upon such
reasonable terms and conditions as the Applicant may impose. These
rights of access will consider the security of the airport that is
required by 14 CFR Part 107.

f\. [Miscellaneous]{.underline}. The Applicant does hereby release the
Government, and will take whatever action may be required by the
Secretary or his or her successor in function, to assure the complete
release of the Government from any and all liability the Government may
be under for restoration or other damage under any lease or other
agreement covering the use by the Government of the Airport, or part
thereof, owned, controlled or operated by the Applicant, upon which,
adjacent to which, or in connection with which, any property transferred
by this instrument was located or used. However, no such release shall
be construed as depriving the Applicant of any right it may otherwise
have to receive reimbursement under Section 17 of the Federal Airport
Act for the necessary rehabilitation or repair of public airports
heretofore, or hereafter substantially damaged by any Federal agency.

g\. [Reservations and Restrictions]{.underline}.

\(1\) In the event that any of the aforesaid terms, conditions,
reservations, or restrictions are not met, observed, or complied with by
the Applicant or any subsequent transferee, whether caused by the legal
inability of said Applicant **or subsequent transferee** to perform any
of the obligations herein set out or otherwise, the title, right of
possession and all other rights transferred by this instrument to the
Applicant, or any portion thereof, shall at the option of the Government
revert to the Government in its then-existing condition sixty (60) days
following the date upon which demand to this effect is made in writing
by the Secretary or his or her successor in function, unless within said
sixty (60) days such default or violation shall have been cured and all
such terms, conditions, reservations and restrictions shall have been
met, observed, or complied with , **or if the Applicant shall have
commenced the actions necessary to bring it into compliance with such
terms, conditions, reservations and restrictions in accordance with a
compliance schedule approved by the Secretary or his or her successor in
function, in which event said reversion shall not occur and title, right
of possession, and all other rights transferred hereby, except such, if
any, as shall have previously reverted, shall remain vested in the
Applicant, its transferees, successors and assigns.**

\(2\) Any of the property included in the Airport may be successively
transferred to successors and assigns of the Applicant only with the
approval of the Secretary or his or her successor in function to the
extent required by the provisions of subsection 6b(4) hereof, with the
provision that any such subsequent transferee assumes all the
obligations imposed herein unless released in writing therefrom by the
Secretar[y]{.underline} or her or her successor in function. **However,
the [Secretary]{.underline} or his or her successor in function shall
have no authority to release the Applicant or any subsequent transferee
from any of the provisions of the FFA or historic preservation covenant
set out below in Section 5m.**

\(3\) If the construction as covenants of any of the foregoing
reservations and restrictions recited herein as covenants or the
application of the same as covenants in any particular instance is held
invalid, the particular reservation or restrictions in question shall be
construed instead merely as conditions, the breach of which the
Government may exercise its option to cause the title, interest, right
of possession, and all other rights transferred to the Applicant, or any
portion thereof, to revert to it, and the application of such
reservations or restrictions as covenants in any other instance and the
construction of the remainder of such reservations and restrictions as
covenants shall not be affected thereby.

h\. [Applicant Obligations]{.underline}. The Applicant shall take title
subject to such rights, if any, as third persons may have in the Airport
at the date of acceptance of this Application by virtue of any grant
from the Government or others and shall assume all duties, obligations,
and liabilities of the Government or any agency thereof thereunder and
hold the same harmless from all claims arising from such transfer of
title.

**NOTE: This removes the Government from any of its obligations from
previous grants. The application and lease contemplate a deed. The
Government\'s intention is to dispose of the property in its entirety.**

i\. [Mineral Rights]{.underline}. Any subsurface rights to minerals or
other interest included in the real property transferred for airport
purposes may not be exploited in such a way as will interfere with the
efficient operation of the Airport.

[NOTE: Mineral rights that are withheld by the disposal agency would be
described here along with the necessary rights to exploit them. Any
right to exploit minerals will be subject to restrictions based on 14
CFR Part 77.]{.underline}[^8]

j\. [Government Rights]{.underline}. The Government reserves all right,
title, and interest in and to all property of whatsoever nature not
specifically transferred, together with right of removal thereof from
the Airport within a reasonable time, which shall not be construed to
mean any period less than one (1) year after the date of the instrument
of transfer. During such period, the Government, its agents, customers,
transferees, and successors shall have the right of ingress to and
egress from the Airport for the purposes of using disposing of by sale
or otherwise, and removing such property.

k\. [Payment in Cash of Taxes, Assessments, etc]{.underline}. The
Applicant shall make payment in cash, certified check or postal money
order to the Government (Air Force, Army, GSA, or Navy) of an amount of
money equivalent to the pro rata amount, as of the data of acceptance of
the Application of the Applicant, of all taxes, assessments, and similar
charges made against the property conveyed, in instances where the
particular Federal agency holding the property is liable for the payment
of such taxes, assessments, or charges.

l\. [Waiver of Any Existing Option]{.underline}. The Applicant must
obtain for the benefit of the Government, in form satisfactory to it, a
waiver of any existing option granted to purchase the Airport or any
portion thereof.

m\. [Preservation Covenant for Historic Property]{.underline}. \[Can be
deleted if not applicable\]. The Applicant hereby covenants on behalf of
itself, its successors and assigns, to preserve and maintain the portion
of the \_\_\_\_\_\_\_\_\_\_\_, located within the Airport, in the County
of \_\_\_\_\_\_\_\_\_\_, State of \_\_\_\_\_\_\_\_\_\_\_\_, more
particularly described in Schedule A and shown on Schedule B (\"Historic
Area\"), in a manner that preserves the overall character of the
Historic Area, in accordance with the recommended approaches in the
Secretary of the Interior\'s Standards for
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
in order to preserve and enhance those qualities that make the Historic
Area eligible for inclusion in the National Register of Historic Places.
This covenant shall be a binding servitude upon the Historic Area and
shall be deemed to run with the land. This covenant is biding on the
Applicant, its successors and assigns, in perpetuity. The restrictions,
stipulations and covenants contained herein shall be inserted by the
Applicant, its successors and assigns, verbatim or by express reference
in any deed or other legal instrument by which it divests itself of
either the fee, simple title or any lesser estate in the Historic Area,
or any part thereof.

\(1\) No construction, alteration, remodeling, demolition, disturbance
of the ground surface, or other action shall be undertaken or permitted
to be undertaken on the Historic Area that would materially affect the
integrity or the appearance of the attributes described above without
the prior written permission of the \_\_\_\_\_\_\_\_\_\_\_ State
Historic Preservation Officer (\"\_\_\_\_\_ SHPO\"). Should the
\_\_\_\_\_\_\_ SHPO object to the proposed treatment within
\_\_\_\_\_\_\_ (\_\_) days of receiving the request and cannot resolve
the differences, the Applicant shall request the Advisory Council on
Historic Preservation (\"Council\") to resolve the dispute. The Council
will provide comments within \_\_\_\_\_\_(\_\_) days of receiving the
request from the Applicant. The Applicant shall consider the Council\'s
comments in reaching its decision on the treatment. The Applicant will
report its decision to the Council, and if practicable, it will do so
prior to initiating the treatment.

\(2\) Upon acquisition of any standing historic structure, the Applicant
will take prompt action to secure all of them from the elements,
vandalism, or arson and will make any Notice Pursuant to CERCLA
120(h)(1) emergency stabilization. The Applicant will, to the extent
practicable, make every effort to retain or reuse the historic
structures.

\(3\) Should any archeological site be discovered during any project
activities, the Applicant will stop work promptly and obtain the
comments of the \_\_\_\_\_\_\_ SHPO regarding appropriate treatment of
the site. The final mitigation plan shall be approved by the
\_\_\_\_\_\_\_ SHPO.

\(4\) The Applicant will allow the \_\_\_\_ SHPO or his or her designee,
at all reasonable times and upon reasonable advance notice to the
Applicant, to inspect the Historic Area in order to ascertain whether
the Applicant is complying with the conditions of this preservation
covenant.

\(5\) The applicant will provide the \_\_\_\_\_ SHPO and the Council
with a written summary of actions taken to implement the provisions of
this preservation covenant within one (1) year after the effective date
of the transfer of the Historic Area.

\(6\) Failure of the \_\_\_\_\_\_\_\_\_ SHPO to exercise any right or
remedy granted under this covenant shall not have the effect of waiving
or limiting the exercise by the \_\_\_\_\_\_ SHPO of any other right or
remedy or the invocation of such right or remedy at any other time.

\(7\) The Applicant may, with the prior written approval of the
\_\_\_\_\_\_\_ SHPO, modify for good cause any or all of the foregoing
restrictions. Prior to such action, the Applicant will notify the
Council of the proposed modification and allow them \_\_\_\_\_\_ (\_\_)
days to comment.

n\. [Lead-Based Paint Covenant]{.underline}.

\(1\) Prior to use of any property on the Airport for residential
habitation or by children under seven (7) years of age, the Applicant
shall remove all lead-based paint hazards and all potential lead-based
point hazards from the property and the Applicant shall certify to the
Government and the Government shall determine, through its inspection
(or at its discretion, the inspection and certification of a local
government official) that all lead-based paint hazards have been removed
from the property in accordance with Title 24 CFR 35.24 (b)(ii).

\(2\) The Applicant understands and agrees that the Government\'s
inspection and finding of satisfactory performance is not intended to
and does not constitute a guarantee that all lead-based paint and all
potential lead-based paint hazards have been eliminated from the
property and does not relieve the Applicant of the responsibility for
complying with the applicable State and local lead-based paint laws and
regulations.

\(3\) The Applicant agrees to indemnify the Government to the extent
allowable under applicable law from any liability arising by reason of
the Applicant\'s failure to perform the Applicant\'s obligations
hereunder with respect to the elimination of immediate lead-based paint
health hazards, the prohibition against the use of lead-paint, and the
Applicant\'s responsibility for complying with applicable State and
local lead-based paint laws and regulations.

\(4\) To the fullest extent permitted by law and equity, these covenants
shall be binding for the benefit and in favor of and be enforceable by
the Government and by his successors in office. The Government and his
successors in office shall be entitled to institute legal action to
enforce performance and observance of these covenants, enjoin acts which
are violative of these covenants, and exercise any other legal or
equitable right or remedy with respect to these covenants. These rights
and remedies may be exercised separately or in combination.

\(5\) Following compliance with the covenants set forth in (1), above,
upon request of the Applicant, its successors, assigns, or purchasers
for value, the Government shall execute a recordable document
acknowledging that these covenants have been terminated and are of no
further force or effect.

\(6\) If the Applicant fails to comply with paragraph (1), above, the
Government will not exercise the rights reserved in (4), above, if any
lender secured by the property gives written notice to the Government
that it tends to complete the rehabilitation required by (1), above, and
completes such rehabilitation within thirty (30) days from the date of
the notice, or within such longer period as the Government may approve
in writing.

o\. [Protection of Wetlands]{.underline}. \[Can be deleted if not
applicable\]. Certain portions of the Airport are jurisdictional
\"wetlands,\" as determined by the \_\_\_\_\_\_\_\_\_\_\_\_\_\_ District
of the Army Corps of Engineers. All construction on those portions of
the Airport must comply with Department of the Army WETLAND CONSTRUCTION
RESTRICTIONS contained in Title 33, Code of Federal Regulations,
Sections 320 through 330, as amended, and any other applicable Federal,
State, or local wetlands regulations.

p\. [No Release from Liability Under Environmental Laws]{.underline}. No
provision herein shall be construed to require the Applicant to release
the Government from any liability it may be incurred under Federal or
state environmental laws for any act or omission of the Government, or
its officers, agents, or employees, at \_\_\_\_\_\_\_\_ AFB, or
indemnify or hold the Government harmless from any claim which may arise
therefrom.

[7. NPDES PERMITS. The Government will transfer the NPDES permits to the
Applicants that are listed on Schedule \"F\". For those permits that are
required by the Applicant but transferred to another grantee, the
Government shall require the grantee to permit the applicant to use the
permit for its discharges.]{.underline}

[8. AIR CREDITS. \[To be used if the airport is in a non-attainment
area\]. The Government shall transfer the air credits listed on Schedule
\"G\" with the property on Schedule \"A\" to the applicant. The
applicant is responsible for obtaining any additional air
credits to operate the property as an airport.]{.underline}

9\. [NOTICE OF HAZARDOUS SUBSTANCES]{.underline}. Schedule E contains a
notice of hazardous substances that have been stored for one year or
more, or known to have been released, or disposed of, on certain
portions of the real property, and the date(s) that such storage,
release, or disposal took place, as required by Title 40, Code of
Federal Regulations, Part 373, and 42 U.S.C.A. 9620(h)(1). Sections
373.3(b) requires that the following statement be prominently displayed:
[The information contained in this notice is required under the
authority of regulations promulgated under Section 10(h) of the
Comprehensive Environmental Response, Liability, and Compensation Act
(CERCLA or \"Superfine\"), 42 U.S.C.A. 9620(h)]{.underline}.

10\. [PRESENCE OF ASBESTOS]{.underline}. The Airport is improved with
buildings and facilities and equipment that may contain
asbestos-containing materials. The \_\_\_\_\_\_\_\_\_\_\_\_\_\_
discloses the condition and location of any asbestos-containing
materials. WARNING!

a\. The Applicant is warned that the Airport contains
asbestos-containing materials. Unprotected or unregulated exposure to
asbestos in product manufacturing, shipyard, and building construction
workplaces have been associated with asbestos-related diseases. Both the
Occupational Safety and Health Administration (OSHA) and the
Environmental Protection Agency (EPA) regulate asbestos because the
potential hazards associated with exposure to airborne asbestos fibers.
Both OSHA and EPA have determined that such exposure increases the risk
of asbestos-related diseases, which include certain cancers and which
can result in disability or death.

b\. The Applicant is invited, urged, and cautioned to inspect the
Airport prior to submitting an Application. More particularly, the
Applicant is invited, urged, and cautioned to inspect the Airport as to
its asbestos content and condition and any hazardous or environmental
conditions relating thereto. The Air Force will assist the Applicant in
obtaining any authorization(s) which may be required in order to carry
out any such inspection(s). The Applicant shall be deemed to have relied
solely on its own judgment in assessing the overall condition of all or
any portion of the Airport, including without limitation, any asbestos
hazards or concerns.

c\. No warranties, either express or implied, are given with regard to
the condition of the Airport including, without limitation, whether the
Airport does or does not contain asbestos or is or is not safe for a
particular purpose. The failure of the Applicant to inspect or to be
fully informed as to the condition of all or any portion of the Airport
will not constitute grounds for any claim or demand for adjustment or
withdrawal by the Applicant from the agreement formed by an acceptance
of the Application by the Government or rejection of the Government\'s
tender of any deed pursuant to thereto.

d\. The description of the Airport set forth in the Application and any
other information provided therein with respect to the Airport is based
on the best information available to the Air Force and is believed to be
correct, but an error or omission, including but not limited to the
omission of any information available to the Air Force or any other
Federal agency, shall not constitute grounds or reason for
non-performance of the agreement formed by an acceptance of the
Application by the Air Force or any claim by the Applicant against the
Government including, without limitation, any claim for allowance,
refund, deduction, or payment of any kind.

e\. The Government assumes no liability for damages for personal injury,
illness, disability, or death to the Applicant or to the Applicant\'s
successors, assigns, employees, invitees, or any other person subject to
the Applicant\'s control or direction or to any other person,
including members of the general public, arising from or incident to the
purchase, transportation, removal, handling, use, disposition, or other
activity causing or leading to contact of any kind whatsoever with
asbestos on the Airport, whether the Applicant, its successors or
assigns, has or have properly warned or failed to properly warn the
individuals(s) injured.

f\. The Applicant further agrees that in its use and occupancy of the
Airport it will comply with all Federal, state, and local laws relating
to asbestos.

11\. [PRESENCE OF LEAD]{.underline}. The Applicant is informed that the
property includes improvements that are duly presumed to contain
lead-based paint because they are thought or known to have been
constructed before 1978. The hazards of lead-based paint are often
presented in dust, paint chips, or surfaces upon which lead-based paint
has been applied. High concentrations of lead in the body can damage the
brain, nervous system, kidneys, or hearing; affect learning and
coordination, cause behavioral problems, blindness, and even death; and
cause problems in pregnancy and fetal development. Lead is especially
hazardous to children of less than seven (7) years of age.

a\. The Applicant is invited, urged, and cautioned to inspect the
property prior to acquiring it. More particularly, the Applicant is
invited, urged, and cautioned to inspect the property as to its
lead-based paint content and condition and any hazardous or
environmental conditions relating thereto. The Air Force will assist the
Applicant in obtaining any authorization which may be required in order
to carry out any such inspection. The Applicant shall be deemed to have
relied solely on its own judgment in assessing the overall condition of
all or any portion of the property, including, without limitation, any
lead-based paint hazards or concerns.

b\. The deed or deeds conveying the Airport to the Applicant will
contain the covenant set out in Section 5n to insure that the lead-based
paint poisoning prevention requirements imposed by Title 24, Code of
Federal Regulations, Part 35, are met for any use of the property for
residential habitation by children under seven (7) years of age.

12\. [RISK OF LOSS]{.underline}. From the time the Government gives
notice of acceptance of the application, the applicant shall bear all
risks and shall bear any and all losses sustained by reason of damage or
injuries that may be suffered by the airport property and shall bear any
and all losses associated therewith. Notwithstanding any such losses or
damage, each and all of the provisions of the agreement formed by
acceptance of this Application shall remain unimpaired and in full force
and effect.

**Below: to be used when a long term interim lease is being used during
a period of environmental cleanup.**

13\. [CONDITIONS OF POSSESSION PRIOR TO CONVEYANCE]{.underline}. Upon
receipt of Notice of Acceptance of the Application by the Government,
the Applicant may, upon notification to and approval of the Air Force
and the FAA, and execution of the Related Lease, immediately enter into
possession of the Airport and use, operate, and maintain the same
subject to, and in accordance with such terms and conditions herein and
the Related Lease. In addition, for the period prior to final
disposition of the Airport by deed conveying legal title to the
Applicant, the exercise of the right of immediate possession shall be
subject to and in accordance with the additional provisions and
conditions contained in Section 10a to 10g inclusive. In the event of
any inconsistency between the provisions of Section 10b, 10c, 10d, 10e
or 10f of the Application and Acceptance and any provisions of the
Related Lease, the provisions of the Related Lease will control. In the
event of any inconsistency between any provisions (other than those
contained in Section 10b, 10c, 10d, 10e and 10f) of the Application and
Acceptance will control. In the event of any conflict between the
provisions of Section 10 and any provisions of the FAA, the provisions
of the FAA shall control.

a\. [Applicant Shall Comply with all Pertinent Rules, Etc]{.underline}.
The operation of the Airport shall be subject to such regulations as may
be prescribed by the Secretary or his or her successor in function from
time to time, and the Applicant shall comply with all pertinent laws,
ordinances, rules, orders, or other applicable regulations and shall, to
the extent permitted by applicable law, indemnify and hold the
Government harmless from any liability or penalty which may be imposed
by reason of any asserted violation thereof by the Applicant.

b\. [Limitation on Major Structural Changes]{.underline}. The Applicant
shall not make, permit, or suffer any additions, improvements, or
alterations to the Airport which constitute any major structural change
or changes unless such change or changes are consistent with the FFA, an
approved Airport Layout Plan. Any other additions, alterations
mechanic\'s and material men\'s liens arising from any additions,
improvements, or alterations effected by the Applicant.

c\. [Right of Inspection]{.underline}. The Air Force and the FAA, or the
designated representatives of either of them, shall have the right to
inspect the Airport at all times upon reasonable notice.

d\. [Claim of Damages]{.underline}. The Applicant agrees to maintain,
indemnify, and save harmless the Government to the extent allowable
under applicable law against and from any and **all claims for damages
which may arise from or in connection with the privileges herein
granted, excepting claims for injuries or death to persons caused by the
gross negligence or willful misconduct of officers, employees, or agents
of the Government without contributory fault on the part of any person,
firm or corporation.**

e\. [Payment of Charges Due]{.underline}. The Applicant shall assume
responsibility for the payment of all taxes and assessments and public
utility charges becoming due on the property from the date of its
entering into possession of the Airport.

f\. [Violation or Neglect of Contract]{.underline}. If the Applicant
violates or neglects to perform any of the terms or conditions of the
agreement formed by the acceptance of its Application, it will, if
required by the Air Force, vacate the Airport, remove all property of
the Applicant therefrom and restore the land, improvements, facilities,
and equipment included herein to as good condition on such date of
expiration or relinquishment as when received, ordinary wear and tear
excepted. If the Applicant shall fail or neglect to remove said property
and to restore the land, improvements, facilities, and equipment
included herein, then, at the option of the Government, said property
shall either become the property of the Governmen~~t~~ without
compensation therefore, or the Government may cause the property to be
removed and the land, improvements, facilities, and equipment included
herein to be so restored at the expense of the Applicant and no claim
for damage against the Government or its officers, employees, or agents
shall be created by or made on account of such removal and restoration.

g\. [When Government Property is Unaccounted For]{.underline}. If, upon
removal of the Applicant from the Airport prior to its acceptance of
delivery of the instruments of transfer conveying title to the Airport,
any property, real or personal (other than unsalable supplies and
maintenance materials), of the Government is unaccounted for, the
Applicant shall make replacement to the satisfaction of the Secretary or
his or her successor in function, or in lieu of such replacement, the
Applicant shall, if so required by the Secretary or his or her successor
in function, pay to the Government money in an amount sufficient to
compensate for the loss sustained by the Government or any of its
agencies.

**Below: To be used when there is no long term lease and the disposal
agency wants to put the airport sponsor into possession while the
conveyance documents are being prepared.**

13\. [CONDITIONS OF POSSESSION PRIOR TO CONVEYANCE]{.underline}. From
the time the Government (Air Force, Army, GSA, or Navy) given notice of
acceptance of the application, the applicant shall bear all risks and
shall bear any and all losses sustained by reason of damage or injuries
that may be suffered by the airport property, notwithstanding such
losses, damage, or injuries, each and all of the provisions of the
agreement formed by acceptance of this applicant shall remain unimpaired
and in full force and effect.

14\. [NO RELEASE FROM LIABILITY UNDER ENVIRONMENTAL LAWS]{.underline}.
No provision herein shall be construed to require the Applicant to
release the Government from any liability it may have incurred under
Federal or state environmental laws for any act or omission of the
Government, or its officers, agents, or employees, at \_\_\_\_\_\_\_\_
AFB, or to indemnify or hold the Government harmless from any claim
which may arise therefrom.

**NOTE: The section below is to be used when a long term lease is
contemplated.**

13\. [ENTRY INTO POSSESSION OF THE AIRPORT]{.underline}. The Applicant
agrees to enter into possession of the Airport or such portions thereof
as described in Schedule A and C and shown on Schedule B, under the
provisions and conditions of possession set out above in Section 10 and
other sections of the Application and other provisions and conditions
agreed upon by the Applicant and the Air Force in the Related Lease as
soon after acceptance of its Application by the Air Force as practicable
but not later than sixty (60) days thereafter.

**Below: To be used when there is no long term lease and the disposal
agency wants to put the airport sponsor into possession while the
conveyance documents are being prepared.**

13\. [ENTRY INTO POSSESSION OF THE AIRPORT]{.underline}. The successful
applicant agrees to perform all acts necessary or desirable to enable it
to enter into possession of the property within \_\_\_\_days after
acceptance of this application by the (disposal agency), under the same
provisions and conditions of possession as set out in Paragraph 12
above. Time shall be of the essence in the agreement formed by such
acceptance.

14\. [ASSIGNMENT BY (disposal agency)]{.underline}. The Air Force [Army,
General Services Administration or Navy]{.underline} may assign or
transfer its right, title, and interest in the agreement formed by its
acceptance of the Application to any other branch or agency of the
Government, and upon such assignment to transfer, such branch or agency
shall succeed to all the rights, powers, privileges, immunities, duties,
and obligations of the (Air Force, Army, GSA, or Navy) hereunder, and
the (Air Force, Army, GSA or Navy) shall cease to have any duties or
obligations hereunder.

15\. [NO ASSIGNMENT BY APPLICANT]{.underline}. Neither the agreement
formed by acceptance of the Application nor any interest therein shall
be assigned or transferred by the Applicant to any other party.

16\. [OFFICIAL NOT TO BENEFIT]{.underline}. No member of or delegate to
Congress or Resident Commissioner shall be admitted to any share or part
of the agreement formed by the acceptance of this Application or to any
benefit to arise therefrom. However, nothing herein contained shall be
construed to extend to any incorporated company if the agreement formed
by the acceptance of this Application is for the general benefit of such
corporation or company.

17\. [SCHEDULES]{.underline}. Seven (7) Schedules are attached to and
made a part of the Application, as follows:

Schedule A -Legal Description of Real Property

Schedule B -Airport Layout Plan

Schedule C -Description of Personal Property

Schedule D - Related Lease

Schedule E -Notice Pursuant to [CERCLA 120(h)(1)]{.underline}

Schedule F -NPDES Permits

Schedule G -Air Credits

Dated this \_\_\_ day of \_\_\_\_\_\_\_\_, 20\_\_.

**NAME OF APPLICANT**

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature

Name:

Title:

Address:

ACCEPTANCE BY THE GOVERNMENT

Accepted by and on behalf of the United States of America this \_\_\_
day of \_\_\_\_\_\_\_\_, 20\_\_.

**UNITED STATES OF AMERICA**

**GENERAL SERVICES ADMINISTRATION**

**DEPARTMENT OF THE AIR FORCE**

**DEPARTMENT OF THE NAVY**

**DEPARTMENT OF THE ARMY**

By: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Title: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[^1]: To cover all agencies that routinely dispose of surplus real
    property and to make the Government consistent

    throughout the application.

[^2]: Applicant is called that name throughout the document replacing
    \"sponsor\" in the grant assurance clauses. Air Force environmental
    clauses which call the applicant the \"grantee\" were not modified.

[^3]: Implements 50 U.S.C. App. 1622(g)(2)(C) non-exclusive rights
    provisions. Current language is provided to include all classes and
    types of aircraft and for the provision of services such as
    fixed-base operators, etc.

[^4]: Current assurance language requiring the airport sponsor
    \"Applicant\" to maintain a current airport layout plan. The Airport
    layout plan is the basic document used by the FAA to ensure that the
    airport and planned improvement meets FAA standards for airspace,
    navaid protection, and limitations of obstructions to aircraft in
    the vicinity of an airport. It also permits the FAA to plan for
    grants at airports included in the National Plan of Integrated
    Airport Systems.

[^5]: No language was changed in this provision since the Department of
    the Air Force is responsible for this clause.

[^6]: Represents current regulatory language.

[^7]: Provides that for land conveyed by the Government at no cost to an
    airport sponsor that the sponsor will provide those facilities at no
    cost to the Government for air traffic control, navigation and
    weather reporting. These types of activities support and enhance
    aviation use of the airfield. This would not apply to facilities
    constructed by the airport sponsor at its own cost.

[^8]: Mineral rights are important to the FAA for two reasons. First,
    the possibility of income would help the airport be financially
    sound. Second, the FAA is concerned where extraction of minerals
    could pose a hazard to aviation operations at or near the airport.