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<br />terms and conditions: <br /> <br />Part II - Offer of Financial Assistance <br /> <br />- <br />1. The allowable costs of the project shall not include any costs determined by the State to be <br />ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A. <br />Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the <br />Airport Zoning Act, Tex. Loc. Govt. Code Ann. ~~ 241.001 et seq. (Vernon and Vernon. <br />Supp). <br /> <br />2. It is estimated that estimated design/engineering project costs will be approximately <br />$166,667.00 (Amount A). It is further estimated that approximately $166,667.00 <br />(Amount B) of the project costs will be eligible for federal financial assistance, and that <br />federal financial assistance will be for ninety percent (90%) of the eligible project costs. <br />Final determination of federal eligibility of total project costs will be determined by the <br />State in accordance with federal guidelines following completion of project. <br /> <br />In the event that federal funds are unavailable, this Agreement shall automatically be <br />voided and become of no force and effect, except that unexpended or unencumbered <br />moneys actually deposited by the Sponsor and held with the State for project purposes <br />shall be returned to the Sponsor. <br /> <br />3. The maximum obligation of the United States payable under this offer shall be <br />$150,000.00 (Amount C). <br /> <br />This grant should not be construed as block grant funds for the Sponsor, but as a grant for <br />funding of the scope items as listed on page one of this agreement. It is the intent of the <br />State to provide funding to complete the approved work items of this grant and not to <br />amend the scope of work to include items outside of the current determined needs of this <br />project. Scope of work may be amended as necessary to fulfill the unforeseen needs of <br />this specific development project within the spirit of the approved scope, subject to the <br />availability of state, federal, and/or local funds. <br /> <br />4. It is estimated that the Sponsor's share of the total project costs will be $16,667.00 <br />(Amount D). The Sponsor specifically agrees that it shall pay any project costs which <br />exceed the sum of the federal share (Amount C). <br /> <br />It is further agreed that the Sponsor will reimburse the State for any payment or payments <br />made by the State in behalf of the Sponsor which are in excess of the federal percentage of <br />financial participation as stated in Paragraph II-2. The State shall refund to the Sponsor, <br />at the financial closure of the project, any excess funds provided by the Sponsor. <br /> <br />5. During design, if the estimated eligible construction project costs exceed Amount A, <br />above, the Sponsor may request the State to void this Agreement, the State shall agree to <br />void this Agreement upon the satisfaction of the following conditions: <br /> <br />Page 2 of 27 <br />