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HomeMy WebLinkAboutDeeds & Easements_O-20DEPARTMENT OF TRANSPORTAT/ON FEDERAL, AV IATION ADMINISTRATION G 7 AGREEMENT Part 1-Offer Date of Offer Page 1 of 4 pages 411fte, 25. /97, It` Project No. 1.0641.4.5.01 Contract No, 101404312 Airport TO: City of gollasto (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated way Is. 1913 , for a grant of Federal funds for a project for develop- ment of the 1:44010441, Airport (herein called the "Airport"), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following -described airport development: ten41, airport 4we ts Parcel* I, 20 3, 4* 5 sal 0* Om 64 fosixpratsotely 24034 OM all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 5100-13 PG. 1 (10-71) SUPERSEDES FAA FORM 1632 PG. 1 PAGE 1 Page 2 of 4 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 80.59 pet aroma*aid attomble prOttet cost* This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $ 44t 2. The Sponsor shall: (a) begin accomplishment of the Project within days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51-- 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; (c) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65 — 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will be made at the time of such semi-final payment. FAA FORM 5100-13 PG. 2 (7-72) I SUPERSEDES PREVIOUS EDITION PAGE Z Page 3 of :4 pages 5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica- tion incorporated herein and specifically covenants and agrees, in accordance with its .Assurance 4 in Part III of said Project Application, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facili- ties thereon will discriminate against any person or class of persons by reason of race, color, creed or national origin in the use of any of the facilities provided for the public on the airport. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on or before 191S or such subsequent date as may be prescribed in writing by the FAA. 8. FAA FORM 5100-13 PG, 3 (10-71) SUPERSEDES FAA FORM 1632- PG. 3 Page 4 of 4 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein- after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF Ap�RICA DERAL AVIAT ON INISTRATION 1, By. Part II -Accept The City of Redlands, California es hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this 29th day of June , 19 73 . City of Redlands, California 11, k-i Airport District/gffice (TITLE) (SEAL) Attest: Title: By Title bale City'1erk, City of Redlands (Name of Sponsor) ack ' 13'. Cummin s 7 Mayor, City of Redlands, California CERTIFICATE OF SPONSOR'S ATTORNEY I, Edward F. Taylor , acting as Attorney for City of Redlands, California (herein referred to as the "Sponsor") do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth- orized and that the executio thereof, is in all respects due and proper and in accordance with the laws of the State ofCalifornia , and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Redlands, California this 29th day of _ June 19 73 . Edward. ' F : • 'raylo. Title City Attorney FAA FORM 5100-13 PG 4(10-71) SUPERSEDES FAA FORM 1632 PG 4 PAGE 4