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<br /> DEED RECOI�D 1�0. 96
<br /> 9284�-7NEAUGUSTINeC0.6R11NU18LAND,NEBR. . . �
<br /> (�-) of the next succeed�ng unnumbered paragraph. A� used in this instrument, the term "a�.r�ort'� - ,
<br /> shall b� de�med to include at leas'� a11 such 1and, buildings, s�ructure�, improvements and equipm�nt.
<br /> (2) That , except as provided in sub�aragranh (6) of' tne next succeeding paragraph, and except
<br /> as to ta.xiti�ay No. 2 adjacen� to and paraliel to t�le NE/SW run�ray and a11. of the 9 hardstand3.ng areas,
<br /> the entire landing area, as defined in ��JAA R�gulation 16, dated June 26, 1.g�6, and all struc�ures,
<br /> imprnvements, f acilities and equipment in which th3.s instrument transfers any interest shall be
<br /> maintained for tne use and be:�efit of the public a� a1.�. times in good and serviceable condition, " 1
<br /> 1? provided hoti,r�ver, �hat such maintenance shall be required as to s�ructures, imprav�ments, facilities
<br /> and equipmen� only durin� the re�ainder of their estimated 1ife, as determined by the Civil Aero-
<br /> -` nautics Administrator or his successor. 3n the event materials are requir�d to rehabilitate or
<br /> repair certain of �he a.forementioned atructures, impro�remen'�s, facilities .or equipment, they may
<br /> be procured by demolition of other structurea, improvements, �'acilities or equipment transferred
<br /> hereby and loeated on the above described �remises which have outlived their use as airport prop-
<br /> erty in the opinion of the Civil Aeronau'�ics Administrator or his successor.
<br /> By the acce�tance of this deed or any rights hereunder, �he said party of' the second part f or
<br /> itse�.f, its successors and assigns, also assumes the obliga�ions of, covenants to abide by and
<br /> agrees to, and this transfer is m�.de sub�ect to, the f ollowin� reservationa and restr�etions set
<br /> forth in subparagraphs (1} to (7) inclusive, of this paragraph, which shall run with the land,
<br /> imposed pursuant to the authority of Art�.cle �, Section 3, Glau.se 2 of the Constitution of the
<br /> United 5tates of A�erlca, the Surplus Property Act of' 19��, as ar,�ended, Reorganiza�ion PZan One
<br /> of 1g�7 (12 Fed. Reg. ���3�) and a�plieable rules, regulat3ons and orders.
<br /> (1) That insof ar as i� is within its powers, the party of the seeond part sha11 adequately
<br /> clear and protect the a�rial approaches to the airport by removing, lowering, relocat3.ng, marking
<br /> or 1igh�ing or othPrz�r�.se mitigating e�isting airport hazards and by preventing the establiahment
<br /> or creation of future airport hazards.
<br /> (2) That the United States of America (hereinafter sometimes referred to as the '�Governmen� a)
<br /> throu�h any of its employees or agents shall at aIl times have the ri�ht to make nonexclus3.ve use
<br /> of the landing area of the airport at which any of the property tr�.nsferred by this inatrument is
<br /> located or uaed, wi�hout charge, provided how�ver, that such use may be limited as may be deter-
<br /> mined a'� any tirne by the Civil Aeronautics Adminis�rator or his succes�or to be necessary to pre-
<br /> vent undue interference with use by other authorized airesraft; pravided further, that the Govern-
<br /> men�G shall be obligated to pay for damages c"aused bv such use, or if its use of the landing area
<br /> is substantial, to contribu�e a rea,sonable share of the cost vf maintaining and operating '�he land-
<br /> ing area, commensurate with the use made by it.
<br /> (3) Th�t during any national emergency de�lared by the President of the Uni�ed States of
<br /> 18 Anerica or the Congress thereof, the Government shall have the right to make exelusiv� or nonex-
<br /> clusive use and have exclusive or nonexclusive control and possession, without charge, of the a�.r-
<br /> port at which any of the �roperty transferred by this inatrument 9.s located or used, or of such
<br /> portion ther�of as it may desire, provided however, that the Gavernment shall be re�ponsible for
<br /> the en�ire cost of main�aining such part of the airport as �.t may use �xclusively, or over wl�ich
<br /> it may have exclusive possession or control, during the per�.od of' such use, possess3.on, or eontrol
<br /> and shall be obligated to contribute a reasona�tle share commensurate with the use made by 3.t, oP
<br /> the cost of maintenance of such prop�rty as i� �nay use nonexclusiv�ly or over which it may have
<br /> nonexcluqive control and possession; provided further, that the Governmen� sha11 pay a f air rental
<br /> f or its use, contro3., or po�s�ssion, excl.usively or nonexclusively of any improvements '�o '�he air-
<br /> port rnade ti;Tithout Uni�ed States aid.
<br /> (1�) That no exclusive right for �he use of the airport at which the property tranaferred by
<br /> this instrument is loeated shaZl be vested (d�.rectl.y or indirectly) �.n any person or persons to
<br /> the exclusion of' o�hers in the same class, �he ter� "exclusive �igh�" being defined to mean
<br /> (1) Any exciusive right to use �he airport f or conducting any partieular aeronautical activi-
<br /> ty requir�ng operation of aircraft;
<br /> (2) Any exclusive right to engage in the sale or supplying of aircraf�, aircraft accessories,
<br /> ea�uipment, or suppliPS (excluaing the sa,le of gasol.3ne and oil) , or aircraf'� serv3.c�s
<br /> neces�ary for the o�er�,�ion of aireraf� (3.ncluding the main�enance and repair of aircraft,
<br /> aircraft enmines, propellers, and appliances) .
<br />� (� ) That, exc��t as provided in subparagraph (6) of �his paragraph, �he property �ransferred
<br /> hereby r�ay be successivel;� transferred only ��rith the proviso tha,t any such subsequen� �ransferee
<br /> assumes a.�.l the obl3.gati�ns impoaed upon the par�y of the second party by the provisions of �his
<br /> instrurilent. �
<br /> ( 6) That no propei^ty transferred by this instrument sha11 be used, leased, sold, sal.vaged,
<br /> or disposed of by the party of the second par� f or other than airport purposes withou� the written
<br /> consent of the Civil A�ronautics Administrator, ti�rhich shal.l be grant�d only if said Administrator,
<br /> 19 determines that the property can be used, leased, sold, salvaged or disposed of f or other than
<br /> airport pur�oses wi�hout materi�,l.1y and adversely affecting the development, improv�ment, opera�ion
<br /> or maintenancE of �he airport at which such property is �ocated; �rovided �hat no structures dis-
<br /> posed of hereu�der shal�. be used as an 3.ndustrial plan�, factory, or simila.r facill�y wi�hin the
<br /> meanin� of Section 23 of �he Surplus 1'roperty Act of 19��, as amended, unJ.ess the party of the
<br /> seeond ��art shall pa.y to the United Sta,tes such aum as the ti�lar Assets Adminis�rator or hie successor
<br /> in function sha11 de�ermine to be a fair consideration f or the removal of �he restriction im�osed
<br /> by this ��roviso. �
<br /> �'rovided, hoT•rever, i� is a�reed f or and in consideration of the payment of Tw�nty-Three Hun-
<br /> dred Dol�ars (�2,300.00) by the party of the second part to the par�y of the first part, tha� suc�
<br /> restrictions against industrial use shall not be apx�licable to buildings numbered T-8�6, T-81�7,
<br /> T-3S0, T-851, T-852, T-B53, T-8.5�, T-85�, T-8,�8, and �he railroad spur trackage hereinbefore con-
<br /> veyed.
<br /> (7� The party of the second part does hereby release '�he Government, and wi11 take whatever
<br /> action �nay be required by the War Assets Administrator to assure the complete release of the Gov-
<br /> ernment f rom any and a1y liabili�y the Government may be under f or restoration or o�her damages
<br />,. under any lease or ot'r�er abreement covering '�he use by the GoverMmen� of tk�e airport, or part
<br /> t:nereof, oti,rned, controlled or operated by the party of the second par�, upon which, ad�acent '�o
<br /> t�rhich, or in connection ti^rith which, any property transferred by this instrument was located or used;
<br /> �rovided tna,t no such relea�e shall be construed as depr3.ving the party of th� second par� of any
<br /> right it may other��sise ha,ve to receive reimbursement under Section 17 of �he Federal Airport Act
<br /> for the necessary rehabilitation or repair of public airporta heretofore or hereafter substant3.a,13y
<br /> !� damaged by any F�deral agency.
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