1996-120-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 15TH DAY OF JULY 1996

Home Browse Search

Specific asslll.. _os requ,red to he included in grant agreements hy any of the ahove laws, regnlations or circulars are incorporated hy reterence in the grant agreement. 2. Responsibility and Autbority of tbe Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to Iinance and carry out the proposed project; that a resolution, motion or similar action has heen duly adopted or passed as an oflicial act of the applicant's goveming body authorizing the tiling of the application, including ;111 understandings and assurances contained therein, ;md directing and authorizing the person identified as the otlicial representative of the Hpplicant to act in connection with the application amI to provide such additional infonnation as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to tiuance and carry out the proposed project and comply with all tenns, conditions, and assurances of this grim! ngreement. It shall designate an official representative ;:and shall in writing direct ,mu authorize that persolllo tile lhis applkillion, illl:luding all uII(ICrstalldill!~s ;:lIlt! assurances cOllf:lined therein; to act in connection with this application; and to provide such additional infonnation as may be required. 3. Sponsor Fuud Avaih,bility. It has sufticient timds available lilr that portion of the project costs which are not to be paid by the United States. It has snfticient filllds availahle to assure operation and mainten,1nce of items fimdednnder the grant agreement which it will own or control. 4. Good Tille. a. It holds good title, satisfilctory to the Secretary, to the landing area of the airpOlt or site thereof, or will give assurance satisfactory to the Secretary that good title will he acquired. h. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satistactory to the Secretary to that portion of the property upon which Federal filllds will he expended or will give assurance to the Secretary that good title will he obtained. S. Preserving Rights and Powers. . a. It will not take Of permit tiny action whidl would operate 10 deprive it of any of Ihe rights iUu.1 powers necessilry to perform any or all of the tenns, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acqnire, extinguish or modity any outstanding rights or claims of right of others which would intertere with such perlilrmance hy the sponsor. This shall he done in a manuer acceptahle to the Secretary. h. It will not sell, le;lse, encumber, or otherwise transter or dispose of any part of its title or other interests in the property shown on Exhihit A to this application or, li,I' a noise colllpatihility program project, that portion of the property upon which Federal timds have heen expended, lilr the duration of Ihe terms, conditillns, and assurances in the grant agreement without approval hy the Secretary. If the transteree is tilLlnd hy the Secretary to he eligihle under the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant agreement ami to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and milke binding upon the transferee all of the terms, conditions, amI assurances contilined in this grant agreement. c. For all noise compatibility program projects which (lfe to he c;lniect out by another unit of local govenunent or are 011 property owned by a unit of local govemmem other than the sponsor, it will enter into an agreement with that govemment. Except as otherwise specified by the Secretary, that agreement shall obligate that govenunent to the same terms, conditions, and assurances that would be applicahle to it if it applied directly to the FAA til[ a grant to nndertake the noise compatihility program project. That agreement :lIld changes Ihereto mllst he salisl:lclory to the Secretary. II will take steps to enforce lhis agreement against the local government if there is substantialnon-colllpli:lllce with the tenns of the agreement. d. For noise compatibility program projects to be carried Ollt on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specilied hy the Secretary. It will take steps to enforce this agreement against the property owner whenever there is snbstantial non-compliance with the terms of the agreement. Airport Assurances (t -95) Page 3 of 12 ASW-PP-A-I