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in the immediate vicinity of the airport to heights and activities compatible with <br />normal airport operations as provided in Tex. Loc. Govt. Code Ann. 241.001 et <br />seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation <br />easements or other property interests in or rights to use of land or airspace, unless <br />Sponsor can show that acquisition and retention of such interests will be <br />impractical or will result in undue hardship to Sponsor. Sponsor shall be <br />ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to <br />such subsequenl approval of a grant or loan, adopted and passed an airport hazard <br />zoning ordinance or order approved by the State; and <br />p. it will provide upon request of the State, the engineering or planning consultant, <br />and the FAA copies of any maps, plans, or reports of the project site, applicable to <br />or affecting the above project; and <br />q. after reasonable notice, it will permit the State, the FAA, and any consultants and <br />contractors associated with this project, access to the project site, and will obtain <br />permission for the State, the FAA, and consultants and contractors associated with <br />this project, to enter private property for purposes necessary to this project; and <br />r. all development of an airport constructed with program funds shall be consistent <br />with the Airport Layout Plan approved by the State and maintained by the <br />Sponsor. A reproducible copy of such plan, and all subsequent modifications, <br />shall be filed with the State for approval; and <br />s. it shall take all steps, including litigation if necessary, to recover funds spent <br />fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in <br />any other manner in any project upon which Federal and State funds have been <br />expended. For the purposes of this grant agreement, the term "funds" means <br />funds, however used or disbursed by the Sponsor or Agent that were originally <br />paid pursuant to this or any other grant agreement. It shall'obtain the approval of <br />the State as to any determination of the amount of such funds. It shall return the <br />recovered share, including funds recovered by settlement, order or judgment, to <br />the State. It shall furnish to the State, upon request, all documents and records <br />pertaining to the determination of the amount of the funds or to any settlement, <br />litigation, negotiation, or other efforts taken to recover such funds. All <br />settlements or other final positions of the Sponsor, in court or otherwise, <br />involving the recovery of such funds shall be approved in advance by the State. <br />2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all <br />property upon which construction work is to be performed, or have acquired a leasehold <br />on such property for a term of not less than 20 years, prior to the advertisement for bids <br />for such construction or procurement of facilities that are part of the above project, and <br />within the time frame of the project, a sufficient interest (easement or otherwise) in any <br />Page 6 of 28 <br />