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Responsibility and Authority of the Sponsor. <br />a. PubGc Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry <br />out the proposed project; that a resolution, motion or similar action has been duly adopted or <br />passed as an official act ofthe applicant's governing body authorizing the filing ofthe <br />application, including all understandings and assurances contained therein, and directing <br />and authorizing the person identified as the official <br />representative ofthe applicant to act in connection with the application and to provide <br />such additional information as may be required. <br />b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out <br />the proposed project and comply with all terms, conditions, and assurances of this grant <br />agreement. It shall designate an official representative and shall in writing direct and authorize <br />that person to file this application, including all understandings and assurances contained <br />therein; to act in connection with this application; and to provide such additional <br />information as may be required. <br />3. Sponsor Fund Availability. It has sufficient funds available for that portion of <br />the project costs which are not to be paid by the United States. It has sufi'icient funds available to assure <br />operation and maintenance of items funded under this grant agreement which it will own or control. <br />Good Title. <br />a. It, a public agency or the Federal government, holds good title, satisfactory to the <br />Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory <br />to the Secretary that good title will be acquired. <br />b. For noise compatibility program projects to be carried out on the property of the sponsor, it <br />holds good title satisfactory to the Secretary to that portion ofthe property upon which <br />Federal funds will be expended or will give assurance to the Secretary that good title will be <br />obtained. <br />Preserving Rights and Powers. <br />a. It wil] not take or permit any action which would operate to deprive it of <br />any ofthe rights and powers necessary to perform any or all ofthe terms, conditions, and <br />assurances in this grant agreement without the written approval of the Secretary, and will act <br />promptly to acquire, extinguish or <br />modify any outstanding rights or claims of right of others which would interfere with such <br />performance by the sponsor. This shall be done in a manner acceptable to the Secretary. <br />b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or <br />other interests in the property shown on Exhibit A to this application or, for a noise <br />compatibility program project, that portion ofthe property upon which Federal funds have <br />been expended, for the durarion of the terms, conditions, and assurances in this grant <br />agreement without approval by the Secretary. If the transferee is found by the Secretary to <br />be eligible under Title 49, United States Code, to assume the obligations ofthis grant agreement <br />and to have the power, authority, and financial resources to carry out all such obligations, <br />the sponsor shall insert in the contract or document transferring or disposing of the <br />sponsor's interest, and make binding upon the transferee all ofthe terms, conditions, and <br />assurances contained in this grant agreement. <br />C. For all noise compatibility program projects which are to be carried out by another unit of local <br />government or are on property owned by a unit of local govemment other than the sponsor, <br />it will enter into an agreement with that govemment. Except as otherwise specified by the <br />Secretary, that agreement shall obligate that govemment to the same terms, conditions, and <br />assurances that would be applicable to it if it applied directly to the FAA for a grant to <br />undertake the noise compatibility program project. That agreement and changes thereto <br />must be satisfactory to the Secretary. It will take steps to enforce this agreement against the <br />local govemment ifthere is substantial non-compliance with the terms ofthe agreement. <br />d. For noise compatibility program projects to be carried out on privately owned property, it <br />19 of 35 <br />