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U.S. Department

of Transportation

Federal Aviation

Administration

f

EXHIBIT

~...i-"leM;6

Page 1 of 2 Pages

Contract No. DTFAOR-94-C-20857

Santa Monica Airport/Planning Area

Santa Monica, California

AMENDMENT NO.2 TO GRANT AGREEMENT FOR PROJECT NO. NO. 3-06-0239..Q6

WHEREAS, the Federal Aviation Administration (hereinafter referred to as the "FAA") has determined it to be in the

interest of the United States that the Grant Agreement between the FAA, acting for and on behalf of the United

States, and the city of Santa Monica, (hereinafter referred to as the "Sponsor"), accepted by said Sponsor on the

29th day of June, 1994, be amended in conformance with Sponsor's letter dated September 27,2002.

NOW iHEREFORE, WITNESSETH:

That In ccnsloeranen of the benofits to .aeerue to thlii parties hereto, the FAA on behalf of the United States. on the

one part. and the Sponsor, on the other part, do hereby mutually agree that said Grant Agreement be and is hereby

amended as follows:

The maximum obligation stated on page 2, condition 1. is hereby increased by $240,600.00.

from $1,604,700,00 to $1.845,300.00.

All other terms and conditions of the Grant Agreement remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to be duly

executed as or the 27 day of August, 2003.

UNITED STATES OF AMeRICA

FEDERAL AVIATION ADMINISTRATION

WESTERN·PACIFIC REGION

---~ ~PVk=P. Mlnlgan

Supervisor, Standards Section

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Page 2 of 2 Pages

Contract No. DTFA08-94-C-20857

Santa Monica Airport/Planning Area

Santa Monica, California

By: usan E. McCarth

(SEAl) (Typed Noma of Sponsor/a Oeslgn.:atad Offici:l\l R~I'/'j?~••nt:l1fv,,)

... -"\ -- .

Attest: _.~ ,~ •

Title:

(Typed TIl/to ur Sp"Il~lJr'g De:slgnated Offlc:l~1 nepr83entDti',e)

City Manager .

Titl",:

CERTIFICATE OF SPONSOR'S ATTORNEY

I, Marsha Jones Moutrie ,acting as Attomey for the Sponsor dohereby certify:

That I have examined the foregoing Amendment to the Grant Agreement and the proceedings taken, by the

Sponsor rolating thereto, 3nd fiqding thQ execution thereof by said Spom;or has he@n duly authorized and IS In all

respects due and proper and in accordance with the laws of the State of California, and further that, in my opinion,

said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with

the terms tnereot,

Dated at Santa Monica I this 27th dayof August '"-- .2003,

By:

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U.S. Department

of Tr<lrR>purlaUon

FedQral Aviation

Admlnistratlon

~g(l 1 of 2. P!lgoc

Contract No. OTFA08-94-e-20857

Santa Monica Airport

Santa Monica. California

AMENDMENT NO.1 TO GRANT AGREEMENT FOR PROJECT NO. 3-06-{)239-06

WHEREAS. the Fedeml Avistion Adminietrl1tlon (hereinafter r~f~m'lt1tn JlS the "FAAR) has determined It to be In the

interest of the United States that the Grant Agreement between the FAA. ectlng for and on behalf of the United

States. and the city of Santa Monica, {hel'Elinafler referred to as the ·Sponsor"), accepted by said Sponsor on the 6th

day of June, 1994, be amended a5 hereinafter provided.

NOW I HI:REFORE. WITNESSETH:

That In consideration of the benefits to accrue to the parties hereto, the FM on behalf of the '\Jnlted States, on the

one part, and the Sponsor. on the other part, do heretly mutually agree U\i;\l ~id Grant Agreement bEl snd Ifl horeby

amended as follows:

Delete the airport development descrtbed on page one and subsiMe in lieu theTllOf the rullowlnS described

airport development.

Pava il'lfield areas; install runway distance remaining signs and guidance slgns and flush mounted

taxiway lights; seal and mark north and south parallel taxiways; construct blast walls ~PhaS9II: install

perirr1Qf;Qr fCln~ Includino o~tA!;; I'P.habiJitatenorth and south aircraft t1edown areas; rehabifitate alremft

tiedown areas adjacent to Taxiway B.

IN WITNESS WHEREO~. the parties hereto have caused this Amendment to said Grant Agreement to be duly

executed as of the 8th day of·.....£QY..JoeJJJrnJol.b!a.eJ..-r " 1999.

UNITEO STATES OF AMERICA

FEDERAL AVIATION ADMINISTRAnON

WESTERN-PACIFIC REGION

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Page 2 of 2 Pages

Contract No. OTF A08--94-C-20857

City Of,,:,S.inta Monica

(Name of Sponsor)

Title: City Manager

(SEAL) =1",.';~~A'''''~I!!J.~'!'!~'!!S~~ _

Title: Ci toY Cl er.k

CERTIFICATE OF SPONSOR'S ATIORNEY

--":"'=:-::':'-"=---===-:::'=-:":'~=--'-=- __ I acting as Attorney for the city of Santa Monica, (hereinafter referred to as

That' have examined the foregoing Amendment to the Grant Agreerntllll and the prtll;eedlngs taken by 1hc

Sponsor relating thereto, and finding the execution thereof by said Sponsor has been duly authorized and is In all

respects due and proper and In accordance with the laws of the State of California, and further that, in my opinion,

said Amendment to Grant Agreement constlMe5 a legal and binding Obligation Of me Sponsor In a~(;UH.lancewith

the teons thereof.

Dated at Santa Monjca . this 8th day of November ,1999.

Br. fYLw L-rb&rt.~

~tle: City Attorney

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::::

..;.

..-

MUN 07:13 FAX 310 725 6847 FAA AIRPORTS DIVISION 141001

REPORTING PERIOD AIRPORT DEVELOPMENT REGION I ADO

FY OIN 0 J F M A M J J A s PROJECT STATUS REPORT Western-Pacific R.O.

118 NAME OF AIRPORT STATE

97 ! Santa Monica California

\.--

LOCATION

-

~1~ SITE NUMBER I PROJECT NUMBER

I

Santa Monica 2253.A I 3-06-0239-06

i WORK DESCRIPTION Contract No.; DTFA08-94-C-20B57

Pave infield areas; install runway distance remaining signs and guidance signs

and flush mounted taxiway lights; seal and mark north and south parallel

tax.iways and parking aprons; construct maintenance run-up encloeure; refurbish

airport beacon; realign west perimeter road; construct blast walls-Phase IIi

install perimeter fence including gates.

Arnd No.1 11/8/1999: Project: Description Revised: Pave infield. areas; install

L~nway discance remaining sisns and guidance signs and flush mounted taxiway

light.s; seal and mark north and south parallel taxiways; construct blast walls

-PhO'lse II; install perimeter fence inclUding gates; rehabilitate north and

50\l.th aircraft tiedown areas; rehabilitat.e aircraft tiedown areas adjacent to

Taxiway E,

~O/16/00: Interim Phase 7 issued, deob <$417,993>_ 12/7/00: $417,993 reinstated in

Volpe.

11/19/01: phase 7 issued unilaterally. 2/6/02: phase 8 issued.

ALLOCATIONS AND GRANTS PAYMENTS 90.00·h

A.ACTIO~ e. DATE C. FEDERAL FUNDS REQUestED PAID CUMULATIVE AMOUNT ReQUESTED ".AID CUMULATIVE AMOUNT

_ TA_ NA 10/15/96 10/31/96 e8B,749

GO 6J..:Ji/911. 1.6011.,700 S/7/!le 5/21/S8 J.,J.71,407

GA 6/29/94 1,604,700 10/2/00 l,lflfi,707

lI.Mtl ,J. L1/8/99 No eh~e 8/28/01 1,604,700

STAGE I ALLOCATION TO GRANT AGREEMENT -

8. SPONSOR's i'I«lGRESS

~

A. ACTION t, PLANNED :Z.5TARTED 3.CO_LEJE) ACTION AC'I'ION OPENING

COMPLeTION COMPLZrSI COMPLETED

1. SPONSOR'S FUII/DS phase P 6/:24/94

2. D£$IGNATION OF ENGINEER Phase 2 6/24/94

3. Al~POHT LAYOIIT PLAN Phase 4 6/24/91,

-

Phase 5 6/29/94

o. PLANS ANO SPECII'ICATIOIIIS F phase 6 5l/20/!l!l

(Use <::odOi 10~below) 0 Phase 7 11/19/6iIi! Phase e 2/6102

5. PROJECT APPLICA"!10N

PLANI'IED ISSUANCl! DATE IlstiOED IPLAMNEDACCEPTANCE DA~ T

ACCEPTED

6. GRANT Ol'I"ER 0

STAGE II GRANT AGREEMENT TO PHYSICAL COMPLETION

/14. C.AWAAD D. NOTiCE TO PROCEED E. PROGRESS

AcnON _. B. CONTRACTOR OF f. ANAL

tmllf..1l CONTRACT PLANNED ACT~ p~ STARTB) t4ALF COMPI.ETe IN5pf;CTION

COIlPLZrIOH COMl"L1!TE!

41,:3 GRIFFITH CONS. 11/29/95 2/~2/9S 2/S/% "/1.2/9' '3/(;/% 6/U/96 en'3/96

Sl,~89,7SJ.OO

CI.ARJ(£ CONS. 7/30/01 9/17/01

S573,6:1.9.00

STAG!!; III PHYSICAL TO ~IN.ANCIAl COMPLETION SPECIAl CONDITIONS

A. CONDmONS B, SATISFACTION

•••. ACTION B. DATE 1.1'10. 2. DESCRIPTION 1. PLANNED 2. ACTUAL

f------

1. AS·BUILT t!RAIIYlNG:'! RE;:(;E!VED

~UDIT REQUEST!!D

iJD!T REPOM" RECEIVED

• GRANT reJlEW COMPLETED

~ coeea TO BE USED WHERE NOTI!O

2-PAVlNG

' • SfI'E PItEPAltATION

4·

3·

BUILDING

UGI-nlNG

,.A.f'Z

5 - DEVELOl'MeNT

LAND BeHIND SCHEOULE 0

Used In lieu of FAA form 5100·5 (6-72) OleN
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DEPARTMENT OF 'l'RABSPOR.'l'ATION

FEDERAL AVlATIOH ADMIHISTRAl'IOB

WASHINGTON, D.C. 20590

GRANT AGREEMENT

Part I - Offer

Date of Offer ,~2 '7 1994

Sa.nt~ Mon:ica M\m,:to:ipalMrpo:r~ IP1AT1-n-:ing Area

PrOject No. 3-06-0239-06

Contract No. DTFA08-94-C-208S1

TO~ City of Santa Monica, California

(herein called the ftSponsor")

The Un~ted Statee of Ameri~a (~eting thr.m~eh the Federal Aviation

Administration, herein called ftFAAft)

WHEREAS, the Sponsor hae submi~ted to the FAA a Pr~Ject Appl~e&tion dated Junu 2,

1994, for a grant of Federal funds for a project at or associated vith Santa MOnica

Huu:ieipCll ~:i.""'PClT .•t 'Planning Area which Proj ect Application, as approved by the FAA,

ishsreby incorporated here~ and made a par~ hereof; and

. \outREA5, t:he !'AA has apprQVlild. a pl;oject for tho A:trport OX' Plannine Area (herein

called the nproject") cons:l.st:i.ng of the foll~ing;

Pave infield areas; Install runway 41stance rema1~ng s~gns aud

guidanee signs and flush mounted taxiway lights; Seal and mark north

and oouth parallel t~iWAY~ 4nd parkine aprons; Construct maintenance

run-up enclosure; refurbi~h airport beacon; realign weet perimeter

road; Construct blast walls -Phase 2; Install perfmoter fence

including gates.

all as more particularly .described in the Projeet Application.

P~ge 1 of 5 Pages

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NOW THEREFORE, pursuant to and for the pu.rpose of carrying aut. t.hto!pl:"ov:i..&:i..ons of the

Airpor't and Airwa.y Improvement Act of 1982, as amended by the Airport and Airway

Sa£e~y ;;l.ndCa.p.c.:i.tyExpll.n~:l.o~Ac.t nf 1987. herE!in called the ItAc.t",and/or th@

A.iation Sa£@ty and Noise Abatement of 1979f and in consideration of (a) the

Sponsorts adoption and ratification of the presentaLions and assurances c.ontained in

said Project Application and its accep~ance of ~his Offer ~o her01D4£tQr prov~dp-d.

and (b) the b~efits to accrue to the United States and th~ public from the

ll.aQo=pl:i.ab~~nT- of the Project and compliance ~ith the assuranc@s and conditions as

herein provided. THE FEDERAL AVIATIOR ADMINISTRATION, FOR AHD UN BEHAL~ OF THE

UNITED S'IA'IES, HEREBY OFF.ERS ANDAGRlES to pay, as th-e;Uni "ted Ste. tes share of the

allowable cos'ts ~ncurr~u La a~compliohins thQ Proj~~r-.90.00 pe~c@ntum.

Thp- Offer is made on and subject 'to the following terms and conditions:

Condit:iODS

1. The maximum obligation of t.ba United States payable under t:his otf@r shal1 be

$1t604, 700.00. For t.he purpose of any future grant e.mendments which lIlay

increase 'the fore~l,liug m~ obl:iuo.tiono£ t:h~ Urd.ted St.ates und@r the

.provisions of Section 512(b} of the Act, the following amounts are being

i specified for this purpose:

$0

$1,60-" • 700 _00

for planning

for airport de~elopment. or noise program

implementation

2. Th~ aJ.lowab1e costs of tlu, p:J;ojeet sh~J.J. not :l.nc.lud~ ~ny costs detenn:i.ned by

the FAA to be ineligible for consideration as to allowabil1ty UDder the Act.

3. Payment of the United States share of the allowable project cu~~s will be mode

pursuant to and in acc.ordanc.ewith the provisions of such regulatione and

pruu~dure~ a& the Seerot3~ ghall prp-scrihe. Final determination of the United

States share will be based upon the fina.l audit of the total amoun1: of the

all~able project costs and settlgment ~ill b@ made for any upward or downward

adjus~ents to the Federal share of Cl,l~~$.

~. ThG Spon~n~ RhBll carry out and cOI!lplete the project without undue delays and

in accordance with the terms hereoff and such ~egulations and procedure~ a~ ~he

Secretary shall prescribe, and agrees to cOl!lplywith the assurances which were

made pa~~ of 'the proj~c~ applicat~on.

5. The FA};,reserves the right to am~nd or withdraw this offer at any tillua prior to

its accep"tance by the Sponsor.

6. Tld.~ offer &ha11 ~:Itp:iro~n.d t:h~ Il'(litedStates shall not b@ ob1igated to pay any

part of the costs of the project unless this offer has been a.ccepted by the

Sponsor on or before June 30, 1994, or such subsequent date as ~y be

presc.ribed in writing by the FAA.

7. The SpOnGOT ~hQll ~~kp. all steps. including litiga"tion if necessary, to recover

F@deral funds spent fraudul~ntly, wastefully, or in violation of Federal

~Il,titruBtsta.tutes, or mi3uBeo in any other manner in any proj@c,t upon ~hich

F@dera.l funds have been expended. Yo?:tho pu:r:pOgG~ of th:f.R Grant Agreetl1ent,

the term "Federa.l funds" m.eans funds however u.sed or disbursed by tl1.8 Sponeor

that were ori~ina.lly paid pursuant to' this or any other Federal grant

agre@ment. It sha.l.Lobtain the a.ppr~al of the Secre~ax:'Ya~ 1:.0 any

determination of the amount of the Federal share of funds. It shall return the

~ecuv~red Fede~~l 3h~r~, ~neludi~e funds ~ecovered by aettle~entt orderf or

judgement. to the Secreta~y. It shall furnish to the SecTe~ary, upon request,

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all documents and ~ecords pertaining to the de~erminat~on of ~he amoUll~ ~r th~

Federal share or to any settlement, litigation, negot:i.a.tio~, or ot.her a££orts

tak.en 1:0reCOVE!r such fl.lJ.ld:s. All oottlamentQ nr other final positions of the

Sponsor, in court 'or otherwise, involving the recovery of such Federal share

shall be 9.pprmred in advance by the Sec.retary.

8. The Unite~ States ahall not be r~sponsible or liable for dwnage to property or

~njury to pgrsons Yn;~hmay arise from, or be ina1dent to, ccmpl~ance with this

Grant Agreement.

9. It is understood and agreed ~y and b~twcen tho p~rt~e~ bp~~to that this Grant

Offer is made and ac.cepted upon the basis of Engineer's estimate; and th~

~~rr-~es hereby Covenant and agree that within 160 calendar days from the date

of acceptance of this Gr~nt Offer the Sponsor shall furnish final planQ and

specifications to the Federal Aviation Ad~ini8~ration (FAA) and that no

CUUbt~uct~on wo~k will c~~n~~ Mp.reunder nor will there be any adveTtiBemeut

for b1.ds for accomplishment of such work until the said final platls and

specifications have been approved by the FAA; and the parties do hereby

Covenant and agree that any refe~~llGe made ~~ thio G~~nt O££~r nr in the

aforesaid Project Application to·plans and specifications shall be considered

~e h~ving ~Afp.rence to said final plans and specifications as so approved, •.

10. Buy Americ.an Reqttirement. Unless otherwise approved by the FAA, it wi.ll not

acqu1r@ or p~rmiL auy ~outra~tor or cuboo~tr~~~nr to acquire anv steel or

manufactured products produced outside the United States to be used for ~y

projects for airport development or noise compatibility for which funds are

provided under this grant. ThQ sponsor will i:uull.lde in every oont:>:CU!t~

provision implamenting this special condition.

11. The Sponsor agrees to perform the following:

11. .1. FUru.1sh a COllS\;];Uct=l.on mancsem.ent progr~TIIt:o FAA prior to s~e.rt of

construction which shall detail the measures and procedures to be used to

comply ~ith the quality control provisions of the c.onstruction contract,

inaluding, but not limited to, 9.11 quali~y cou~rol p~ovision~ and tQot~

required by the Federal specifications. The program shall include ~s a

lll.1.ni);l1UJn;

il.l.a. The name of the person representing the Sponsor who has ove~al1

responsibility for contract adll1l.nlstl:4tion for the p~oj et:'1': and the

authority to take necessary actions to comply nth the contract.

11.1.b. Names of testing laboratories and consult~ng @ng~n@el;' f.1.L~Sw1th

quality control responsibilities on the project, together with the

descr1p~~on of ~he ~~L-vi~~5prOVided.

11.1..Co. Procedures for determining that· testing laboratories to meet the

requirements of the applicable American Soc~e~y o! Te8t~n&

Haterial's standards on laboratory evaluation, referencea in the

coutr~et cpec~£~c~~inn~ (D 3666~ C lQ77).

ll.l.d. Qual~f~cat1ons of eng1neering SUPQ~iS10n aud construction

inspection personnel.

11.1. Q.. A li,,,qtingof a.ll tests t'Elquiredby the cont.zact; specifications,

including the type and frequency of tests to be taken, the meLhod of

s~pling, the applicable test standard, aud the acceptauce crite~ia or

tolerances permitted ru~ ~ach ~ype o£ tC€t_

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il.I.f. Procedures for ensuring that the ~ests are taken 1ll aecordance

with the program, that they are documented daily, that the proper

uorrectiv~ &ction~, whore ng~Qs~~ry, ~~~ undertaken.

11.2. Submit aC completion of the project, a final test and quality control

r2port documenting the results of all tes~a performed, highlighting thcoc

tests performed, highlighting those tests that failed or did not meet the

appl~c~bl~ ~~~nd~rd. The report shall include the pay r2ductions appli~d

and reasons for accepting any out-oi-tolerance material. An interim test

and quality control report shall be submitted, ;~ requested by the FAA.

11.3. Failure to provide a complete report as described in paragraph 12.2, or

failure to perform such tests, shall, absent any compelling .

justification, result in a reduction in Federal part1c1pation for costs

in~u~~ed in ~onn8ation with construction of the applicab~e pavement. Such

reduetiono shall ba ~t thQ d1A~~etion of the FAA and wi11 be based on the

type O~ types of r8qui~ed tests not performed or not documented and will

be ~ommensurate with the proportion of applic&ble pavement with respect

to the ~o~al pavemen~ c~H~tructed under the g~~nt asrQ~m~n~.

11.4. The FAA, at its discr~tion, reserves th~ right to ~onduct independent

tests and to reduce grant payments accord~ngly ~f such independe~lc tests

dete~ine that sponsor test reeults are inaccurate.

12. The attached new Part V Assurances are hereby incorporated hereto, and hereby

substituted in liQU of those in the Sponsor's Project Application, and made a

pa~t hereof.

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The Sponsor's acceptance of this Offer and ratification and adopt1on of the F~uj~ct

Application incO~Forated herein shall be ~videnced by e~ecution of this instrument

by ~h~ 3pon~or, &8 herDinQ£~er provided, pnd this Offer and Acceptance shall

comprise a Grant Agreement, as pro~ided by the Act, constituting the eontr&ctual

obligations and rights of the United States and the Sponso~ with respect to the

accomplishment of the Project and compliance with che assuranc~~ ~ad cond~tion~ a~

pro~ided herein. Such Grant Agreement shall become effective upon the Sponsor's

~eaept~ee of th~~ O~~~T..

By:

P. Milligan, Supervisor

Standards Section

Part II - Acc@ptance

The sponsor does hereby ratify and adopt all assurances, statements,

~ representations. warranties, cov~nants, and agreements contained in the Projec.t

Appl~cation and incorporated materials referred to in the fore8o~.1~ Offer &fi4 doeo

hereby accept this Offer and by such acceptance ~grees to eompJ~ with all of the

to::mo And eond:i.t:ions in 1':.nia Offer and in the Project Applica:tion.

EJtec.uted thiS 2t}th June

City of Santa Mon~ca, California

: ~EAL)

Att ..t~4~

By:

Name of :>ponsor ,

~~ ----=-----"--

Sponso~'s Designated Official

Represent.ative

Title: City Manager

Title: Citr Clerk

I.

CEaTIFICATE OF SPORSOR'S ATTORBEX

_______________ Marsha J. Moutrie ~ , acting as Attorney for the Sponsor do hereby 'ce~ti£y:

That in my opinion the Sponsor is empowered to enter into the foregoing Grant

A~~~!i!.lnent under the la.va o£ the St~1:e of r:a.l :Hornia. Further, 1 have examined the

foregoing Grant Agreement and the actions taken by said Sponsor relating thereto,

and find that the acaeptance thereof by said Sponsor and Sponsor's official

reprGsentative has been duly author~zed and ~he exe~uCion thereof io ~n 411 rQsr~~~~

due and prope~ and in accordance with the la~s of the said State and the Act. In

Dddit~on. for g~~n~A invo~Vins projects to be carried out on p~operty not owned by

the Sponsor, there are no legal 1mpediments that will prevent full pe~fQr.manc.e by

the Sponsor. Further, it is my opinion that the said Grant Ag~eement constitutes a

legal and b~nding obligation of the Sponcor in ~C~OT.dRnCA with the terms thareof.

Dated at Santa MODica CA this

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FAA LAX ADO PAGE 11

PART V

ASSURANCES

Airport Sponsors

October 1, 1990

[Incorporates revisions of Assurances 9 and 26 (11/04/92)]

A. General

1. TheBe aSGUrWlC~5' shall be complied with in the performance "of grant agreements for airport

development, airport planning, and noise compatibility program grants to airport sponsors.

Z. .fhese assurances arc required to be :;l1bmitted Q~ P3J'tof the project applicati"n hy !'lponsors

requesting funds under the provisions of the Airport and MViay Improvement Act of 1982, as

amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, or the Aviation Safety

and Noise Abatement Act of 1979. As used herein, the term, "public agency SPUD:iU1" means a public

agency with control of a public use airport; the term "private sponsor- means a private sponsor of a public1L$C airport; a:nd the tcrtn "gpon!!:" ••" includes public ageney sponsors and private sponsors.

•.

3. Upon acceptance of the grant offer by the sponsor, these assurances arc incorporated in and become

part of the grant agreement.

B. Duration and. Applicability.

1. Airport Development 0•.Noise Compatibility Program Projects Undertaken by a Public Agency

SpoosoJ:". The terms, conditions and assurances of the grant agreement shall remain in full force and

effect throughout the useful life of the facilities developed or equipment acquired for an airport

development or noise compatibility program project, or throughout the useful life of the project items

instatled within a facllity under a noise cumpit~bility PTogs'anl pr-ojcct, but in any event Dot t" ~rceed

twenty (20) years from the date of the acceptance of a grant offer of Federal funds for the project.

However. there shall be no limit ~n the duration of the assurance against exclusive rights or the terms,

conditions, and assurances with respect to real property acquired with Federal funds. Furthermore, the

duration of the Civil Rights assurances shall be as specified in the assurance.

2. Airport Development or Noise Compatibility Program Projects Uadertaken by a Private SpOWlor.

The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items

installed within a facility or the useful life of facilities developed or t:1.J. wl'luent acquired under ,an airport

development or noise compatibi.lily program project shall be no less than ten(lO) years from the date of

the acceptance of Federal ::tid fnr the project.

3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement,

only Assurances 1, 2, 3, .5,6, 13, 18, 30, 32, :33,34 and 36 in Section C apply to pl:\nnin8 projects. The terms,

conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the

project.

C. Sponsor Certification. The SPOliSOf hereby assures and certifies, with respect to this grant that:

L General Federal Requirements. It will comply with all applicable Federal laws, regulations,

executive orders, policies, guidelines and requirements as they relate to the application; acceptance and usc

of Federal funds for this project inclUding but not limited to !.he:. following:

Femn.l T.P.gi~ISltinn

a. Federal Aviation Act of 1958 ~49 U.S.C. 1301, et seq.

b. Davls-Bacoa Act • 40 U.S.C. 276(a), et ceq.V

c. Federal Fair Labor Standards Aet - 29 U.S.c. 201., et seq.

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d. Hatch Act - 5 U.S.C. 1501, et seqJj

e. Uniform Relocation Assistance and Real Property Acquisition PoUclc;:; Act of 1970 - 42 U.S.C ..

4601, et. seq.1J Y

r. National Historic Preservation Ad nf 1966 - Section 106 - 16 U.S.C. 470(f).1/

g. Archeological and Historic Preservation Act of 1974 -16 U.S.c. 469 through 469c.y

h. Rood Disaster Protection Act of 1973~Section l02(a) - 42 U.S.C. 4012a.l/

i. Rehabilitation Act of 1973 - 2') U.S.C. 794.

j. Civil Rights Act of 1964 " Title VI • 42 U .S.C. 2000d through d-4.

k. Aviation Safety and Noise Ahatemcnt Act of 1979, 49 U.S.C. 2101, et seq

1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.

m. Architectural Barriers Act of 1968 " 42 U.S.C. 4:151,efseqJ/

n. Airport and Airway Improvement Act of 198:2,as amend~d 4q U.S.C. 2201,. et seq.

o, Powerplant and Industrial Fuel Use Act of 1978 - Section 403·2 V.S.c. 8373.!J

p, Contra'ct Work Houts and Safety Standards Act - 40 U.S.C. 327, et seq.1/

q. Copeland Antikickback Act • 18U.~.c.874.Y

r. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.1/

3. Endnngered Species .Ad - 16 U.S.C. 668(a). et seq.!l

t, Single Audit Act of 1984 ~31 U.S.C. 7501, et scq-1J

u. Drug-Free Workplace Act of 1988·41 U.S.c. 702 through 706.

Executive Orden

Executive Order 12372 -- Intergovernmental Review of Federal Programs

Executive Order 11246 - Equal Employment Opportunity 11

Federal ReguLatiODS

a. 4'.:1t:J:"l{ Part 18 - Uniform Auwi..nUitrati'VC Rcquke:mcnts COl' Grants and Cooperative

Agreements to State and Local Govcrnments~/

h. 49 CFR Part 21 - Nondiscrimination in Federally-Assisted Programs of the Department of

'Trausportation-Etfectuation of Title VI of the Civil Rights Act of 1964.

c. 49 CPR Part 23 - Participation by Minority Business Enterprise in Department of

'Tr'anapcrtaticn Progr~.

d. 49 CPR Part 24 • Uniform Relocation Assistance and Real Property Acquisition Regulation

for Federal and Federally Assisted Programs·U 'lJ

e. 49 CFR Part 2/- Non-DlscriminaliulJ on the BMI.s of Hnndicap in Pt'ogram!l; and

Activities R~ceiving or Benefiting from Federal Financial Assistance.1J

f. 49 C-FR Part 29 • Debarments, Suspensions, and Voluntary Exclusions.

g. 49 CFR Part 30 ~Denial of Public Works Contracts to Suppliers of Goods and SClvicc~of

Countries That Deny Procurements Market Access to U.S. Contractors.

h. 29 CPR Part 1 - Procedures fOT Predetermination of Wage Rates.!1

i. 29 CPR Part 3· Contractors or Subcontractors on Public Buildings or Public Works Financed

in Whole or Part by Loans or Grants From U.S.Y

j, 29 CPR Part 5 - Labor Standards Provisions Applicable to Contracts CO"Cnng Fed~aJIy

Financed and Assisted CODStructiOn.1/

k. 41 CPR PlUt 60 - Office of Federal Contract Compliance Programs, Equal Employment

Opportunity, Department of Labor (Federal and Federally-Assisted Contracting

Requiremcnts).llL 14 CFR Part 150 - Airport Noise Compaubility Planning.

Office 01 Manarmp.nt and Budeet Cirulan

a. A-8? - Cost Principles Applicable to Grants and Contracts with Slate and Local

GovemmcntsJ.!

b. A-128. Audits or State and Local qovernments.y

1/ These laws do not apply to airport planning sponsors,

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·-, .,::,

1J These laws do not apply to private sponsors.

V 49 eF'R Part 18 and OMB Circular A-S7 contain requirements for State and local

governments receiving Federal assistance. Any requirements levied upon State and

local governments by this regulation and circular shall also be applicable to private

sponsors receiving Federal assistance under the Airport and Airway Improvement Act

of 1982, as amended.

Specific assurances required to be included w grant agreements by any of the above laws,

regulations or circulars are incorporated by retcrcnce in the grant agreement,

2. Responsibility and A.uthority tit t.he SpnnsoJ:.

,

.

8. Public Agency Sponsor: It has legal authority to apply for the grant. and to finance and carry ,

out the proposed project; tbat a resolution, inutlon or similar action hn3 'been duly adopted or passed

as an official act of the applicant's governing body authorizing the filing of the application,

Including all understandings and assurances contained therein, and directing and authorizing the

p~rson identified as the official representative of the applicant to act in connection with [he

application and to provide such additional information as may be required

b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the

proposed project and comply wi~ all terms, conditions, and assurances of this grant agreement. Tt

shall designate an official representative and shall in writing direct aml authorlze, that pcreon to file

this application, including all understandings and assurances contained therein; to act. in connection

with the appHt'.ation; and to provide such additional information as may be required.

3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which

art: Dut to be paid by the United Sro.le::. It h.ae sufficient funds av.:\j)ahle to assure operation and

maintenance of items funded under the grant agreement which it will own or control.

4. Good Title

a. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof,

or will give assurance satisfactory to the Secretary that good title will be acquired.

b. For noise compatibility V1"U~.J;amprojects to be carriedout on the property of the sl'01"I!':nr,it

holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds

will be expended or will give assurance to the Secretary that good title will be obtained.

s. Preserving Rigbts aDd Poml'S~

8. It will not take or permit any action which would operate to deprive it of any of the rights and

powers necessary to perform any or all the terms, conditions, and assurances in the grant agreement

without the written approval of tbe Secretary, anu wi.llact promptly to acquire, extinguish or modify

any outstanding rights or claims of right of others which would interfere with such performance by the

~l'nn!lor. Thi.'\ shall be done in a m~er acceptable to the Secretary.

b. It will not sell, lease, encumber or otherwise transfer or dispose of any part of its title OJ' other

intcrc:it~ in the property shown on Exhibit A to this appli('.ation or, for a noise compatibility program

project, that portion of the property upon which Federal funds have been expended. for the duration

of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If

the transferee is found by the Secretary to be eligible under the Airport and Ai.rway Improvcmeet Act

of 1982 to assume the obligations of the grant agreement and to have the power, authority, and

finand~ resourees to carry ont :Ill such ohligations. the sponsor shan insert in the contract or document

transferring or disposing of the SpOIlSOr>9 interest, and make binding upon the transferee, all of the

terms, conditions and assurances contained in this grant agreement.

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c. FVl all uolse ~mpatibllity pr~am projects whi~ are to be. carried out by another unit of local

government Dr arc on property owned by a unit of local government other than the sponsor, it wiU

enter into an agreement with that government. Except as otherwise specified by the Secretary, that

agreement shall obligate that government to the same terms, condidons, and assur anccs that would be

applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility

program project. That agreF:ment and c::hllngel; thereto must be satisfactory to the Secretary, It will

take steps to enforce this agreement against the local government if there is substantial non-compliance

with the terms of the agreement.

d. For noise compatibility program projects to be carried out.~ privately owned property, it will

enter into an agreement with the owner of the property whicli includes provisions specified by the

Secretary. It will take steps to enforce this agreement against the property owner whenever there is

substantial non-compliance with the terms of the agreement. .

e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the

airport will continue to function as a public- use airport in accordance with these assurances for the

duration of these assurances,

f. If an arrangement is made for management and operation of the airport by any agency or person

other than the sponsor or an employee. of the sponsor, the sponsor will reserve sufficient rights and

authority to insure that the airport willbe operated and maintained in accordance with the Airport and

Airway Improvement Act of 1982, the regulations and the terms, conditions l\net assurances in the grant

agreement and shall insure that such arrangements also requires compliance therewith.

6. Consistency witb Local Plans. The project is reasonably consistent with plans (~~Liug at the timc of

submission of this application) of public agencies that are authorized by the State in which the project is

Ioeated to plan for the development of the area surrounding the airport. For noise compatibility program

projects, other then land acquisition, to be carried out on property not owned by the airport and over

which property another public agency bas land use control or authority, the sponsor shall obtain from each

such agency a.written declaration that such agency supports (bat project and the project ill J"C!IS£ofl2bly

consistent with the agency's plans regarding the property.

1. Consideration witb Local Interest, It has given fair consideration to the interest of communities

in or near which the project may be located.

8. Consultation with UseK'S. In making a decision to undertake any airport development project under

the Airport and Airway Improvement Act of 1982, it has undertaken reasonable consultations with affected

parties using the airport at which project is proposed.

,. Public: RearinG='. In projects involvittg the lot'~tion of an airport, an airport runway. or a major

runway extension, it has afforded the opportunity (or public hearings for the purpose of considering the

economic, social, and environmental effects of the airport or runway location and its consistency with goals

and objectives of such planning as bas been carried out by the community IWd it shall, whcn requested by

the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects,

it h3E on its management board eitb.l".1' voting representation from the communities where the project is

located or has advised the communities that they have the right to petition the Secretary concerning a

proposed project.

10. Air and Water Quality Standards. In projects involving airport location, a major runway

eztension, or runway location it will provide for the Governor of the state in which the project is located

to certify in writing to the Secretary that the project will be located, designed, constructed, and operated

80 as to comply with applicable air and water quality standards. In any case where such standards have not

been approved and where appli\;l'u(t;; aU and watc..rquality standard." how been promnlgatctl hy the

Administrator of the Environmeatal Protection Agency, certification shaU be obtained from such

Administrator. Notice of certification or refusal to certify shan be provided within sixty (60) days after the

project application has been received by the Secretary. .

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11.. Local Approval. In projects involving the construction or extension of any runway at any general

aviation airport located astride a line separating two counties within a single state, it has received approval

for the project Irom Lllcgoverning body of all villages incorpor3tE:'.r1nnder the laws of the state which are

located entirely within five miles of the nearest boundary of the airport,

U. l'ennioal Development Prerequisites. For projects which include terminal development at a public

airport, it has, on the date of submittal of the project grant application, all the safcty equipment required

for certification of such airport ttnder section 612 of the Federal Aviation Act of 1958 and all the security

equipment required by rule of regulation, and has provided for access to the passenger enplaning and

deplaning area of such airport to passengers enplaning or depla.nmg from aircraft other than air carrier

aircraft.

..'

13. A~MnntiDg S)'!tem. Audit~ and Rec:ordbeping Requirements.

1

.

a. It shall keep all project accounts and records which fully disclose the amount and disposition

by the recipient of the proceeds of the grant, the; total cost of the project in connection with which the

grant is given or used, and the amount and nature of that portion of the cost of the project supplied by

other sources, and such other financial records pertinent to the project. The accounts and records shall

be kept in accordance with an accounting :;y:sll:)lll that will.fa.cllitate (U1 effective audit in accordance

with the Single Audit Adof 1984.

b. It shall make available to theSecretary and the Comptroller General of the United States, Q{ any

of their duly authorized representatives, for the purpose of audit and examination, any books,

documects, papcre, and records of the recipient th:d are pertinent to the grant. The Secretary may

require that an appropriate audit be conducted by a recipient. In any case in which an

independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds

of a grant or relating to the project in couucctlon with which the grant W!JIB given or used, it shall me

a certified copy of such audit with the Comptroller General of the United States not later than six (6)

mt:lnth~ following the close of the fiscal year for which the audit was made.

14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects

funded under the grant ilgt'celllc~twhich involve labor, provisicns establishing minimum rates of wages,

to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as

amended (40 V.S.C 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such

minimum. rates shall be staled in the invitation for bids and sl1all be induded in proposals or bids for

work.

15. Veteran's Prererence. It shall include, in all contracts for work on any projects funded under the grant

agreement which involve labor, such provisions as are necessary to insure that, in the employment of

labor(cxcept in executive, administrative, and superviso.ry positlons),prcrc:..r~a.cc shall be given to veterans

of the Vietnam. era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway

Improvement Act of 1982_ However, this preference shall apply only where the individuals are available

and qualified to perform the work to which the employment relates.

16. Conformity to Plaos and Specifications. It will execute the proje~t subject to plaus, specifications, and

schedules approved by the Secretary. Such plans, speclfications, and schedules shall be submitted to the

Secretary prior to ~omm encement of site preparation, construction, or other performance under this grant

agreement, and, upon approval by the Sccratary, shall be incorporated into this grant agreement. Any

modifications to the approved plans, specifications, arid schedhles shall also be subject to approval by the

Secretary and incorporation into the gJ:iwt agreement,

17. Construction InsDCction aud Approval. It will provide and maintain competent technical :supervision

at the construction site throughout the project to ensure that the work conforms with the plans.

specifications, and schedules approved by the Secretary for the project. It shall subject the

construction wo.rk a,u. any project contained in an approved project l'll"l{llicationto inspection and

approval by the Secretary and such work shall be 10, accordance with regulations and procedures

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prescribed by the Secretary, Such regulations and procedures tihall require such cost and progress

reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.

18. Planning Projects. In carrying out planning projects:

II. It will execute the project in accordance with the approved program narrative contained in the

project application or with modifications similarly approved,

b. It will furnish the Secretary with such periodic reports as required pertainlng to the plu.nnmg

project and planning work activities,

c. It will include in all published material prepared in connection with the planning project a notice

that tbe material was prepared under a grant provided by the United States.

d. It willmake such material available for examination by the public, and agrees that DO material

prepared with funds under this project shall be subject to copyright in the United States or any other

country.

e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use

any of the material prepared in connection with this grant •

•.

f. It will grant the Secretary lht. right to disapprove the Spcnsoe" employment of specific consultanta

and their subcontractors to do an or any part of this project as well as the right to disapprove the

proposed scope and cost of professional services,

g. It will grant the Secretary the right to disapprove' the use of the sponsor's employees to do all or

any pout of the project,

h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's

approval of any planning material developed as pan o[ thi.tiSlant docs not constitute or imply any

assurance or commitn1cnt OD the part of the Secretary to approve any pending or future application for

$ Federal airport grAnt.

1'. OpllratloD and Maiutenance.

il. It will suitably operate and maintain the airport and all facilities thereon or connected

therewith. with due regard to climactic and flood conditions. Any proposal to temporarily close the

airpo~t for nonncronuutical purposes must first be :Ipproved by the Secretar y. Th~ ~ort Q.Ild :\Il

facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned

or controlled by the United Stafl."."l, shaD be operated at all times in a safe and serviceable condition and

in accordance with the minimum standards as may be required or prescribed by applicable Federal,

state and local agencies for maintenance and operation. It will not tawse or permit any activity or

action thereon which would interfere wiLL. its U5C for airport purposes,

XI1.furtherar'l~~ of this assurance, the sponsor will have in effect at all times arrangements for-

(1) Operating the airport's aeronautical facilities whenever required;

(2) Promptly marking and li~ting hazards resulting from airport conditions, including

temporary conditions; and

(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport,

Nothing contained herein shall be construed to require that the airport be operated for aeronautical

use during temporary periods when snow, flood or other climactic conditions interfere with such

operation. and maintenance, Furt.her, notbhlg herem sb.o.llbe construed as J:1':t)uiriog tbe maintenance,

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repair, restoration. Or replacement of any structure or facility which is substantially damaged or

destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor.

b. It will suitably operate and maintain noise compatibility program items that it owns or controls

upon which Federal funds have been expended.

20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace

as is required to protect instrument and visual operations to the aitport(including established

minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating.

marking, or lighting or otherwise mitigating existing airport hazards.and by preventing the establishment or

creation of future airport hazards. ,"

21. C'nmpatlble Land Use. It will take appropriate action, including the adoption of zoning Jaws, to

the extent reasonable, to restrict tbe usc of the land adjacent to or in the immediate vicinity of me airport

to activities and purposes compatible with normal airport operations, including landing and takeoff of

Wn.;.lcUt. III addition, if the project if. for noise compatibility program implementation, it will not cause or

permit any change in land usc, within its jurisdiction, that will reduce the compatibility, with respect to

the airport, of the noise compatibility program measures upon which Federal funds have been expended.

22. Economic: NondiSttiminatioD.

D. It v.iU make its airport available as an airport for public USe on fair and reasonable terms and

without unjust discrimination, to all types, kinds, and classes of aeronautical uses.

b. In any agreement, contract, lease or other arrangement under which a right or privilege at the

airport is granted to any person, finn, or corporation to conduct or engage in any aeronautical activity

for furnishing services to the pubuc at the airport, the :ipOJl:;,or mJl in:5crt and eDioree provisions

requiring the contractor to-

(1) furnish said services on a fair, equal, and not unjustly discriminatory basis to all users

thereof and

(2) charge fair, reasonable, and not unjustly discriminatory prices fo:r each unit or service,

provided, that the contractor may be allowed to make reasonable and nondiscriminatory

discounts, rebates, or other similar types of price reductions to volume purchasers,

c. EIlch fumd based operate •. at any a;l'port owned by the sponsor shall be subject to the same

rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators

making the same or similar uses of such airport and utilizing the same or similar facilities.

d, Each air carrier using such. airport shall have the right to service itself OT to use any fixed-based

operator t.hal:is authorized or permitted by the airport to serve any air carrier at such airport.

e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air

carrier tenant) shall be subject to such nondi:;crimju:\tory and substantially comparable rules.

regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and

substantially related to providing air transportation as are applicable to aU such air carriers which make

similar usc of such airport and which utilize similar facilities, subject to reasonable dassw.t;atiQDS such

as tenants or noutenants and signatory camel'S and non-signatory carriers. Classification or status as

tenan~ or signatory shalloot be u.r:lI:e~:~onSlhlywithheld by any airport provided an air carrier assumes

obligations substantially similar to. those already imposed on air carriers in such classifications or

status.

r. It will not exercise or grant any right or privilege which operate.') to prevent any person. farm, or

corporation operatioe aircraft on the airport from pcrformiDg any services on its own aircraft with its

own employees (iecluding, but not limited to maintenance, repair, and fueling) that it may choose to

perform.

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g. In the event the sponsor itself exercises any of the rights and privileges reterred lu iJ., this

assurance, the services involved will be provided on the same conditions as would apply to the

furnishings of such ~~·vkc;..,by contractors or concessionaires of the sponsor under these provisions.

h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by

all users of the airport as may be necessary for the sate and cffi"i,eut operation of the airport.

i. The spouscr may prohibit or limit any gin:11 type, kind, or class of aeronautical use of the airport

if.such action is necessary for the safe operation of the airport or necessary to serve the civil avilitiUJ~

needs of the public. . .

23. Exclusive Rights. It will permit no exclusive right for the usc of the airport by any persons providing.

nT intcndini to provide, aeronautical services to the public. For purposes of this paragraph, the providing

of services at an airport by a single fixed-based operator shall not be construed ea a.tI exd.ueiveright if

both of the foUowi».g apply:

1

,

a. It would be nnreasonably costly, burdensome, or impractical for more thaD one fured·based

operator to provide such services, and

b. If allowing more than one fixed-based operator to provide such services would require the

reductions of space leased pursuant to an existing agreement between such single-based operator and

such airport. .

It fwther agrcc:! that it will DOt, either ttifectly or indirectly, ~ant or permit any person, fum or

corporation the exclusive right at the airport, or at any other airport now owned or controlled by it, to

conduct any aeronautical activities, including, but not limited to charter flights, pilot ~ aircraft

rental and sightseeing, aerial photograpby, I,:,\Op du~ting, aerial advertising:ron '>llrveying. air carrier

operations, airaaft sales and services, sale of aviation petroleum products whether or not conducted in

conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and

any other activities which because of their direct relationship to the operation of aircraft can be rcgaeded

as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity

DOW existing at such an airport "-cfore the grant of any assistance under the Airport and Airway

Improvement Act of 1982

.24. Fee nnd Rental Structure. It will maintain a fee and rental structure conaiattmt with AS5ur~nce22 and

23, for the facilities and services being provided the airport users which win make the airport as selfsu::.taiWng a.s pOB3ible UQdm' the drro:m.~tllncesexisting at the particular airport, taking into account such

factors as the volume of traffic and economy of collection. No part of the Federal share of an airport

development, airport planning or noise compatibility project for which a grant is made under the Airport

and Airway hnprovement Act of 1982, the Federal Airport Act 0•.•the Ajrport and AirwaV Development

Act of 1970 shall be included in the rate base in establishing fees, rates, and charges lor users of that

airport.

25. Airport Revenue. If the airport is under the control of a public agency, all revenues generated by the

airport and any luWl! taxct; on aviation fuel establl!::lled after December 30. 1987, will be espeadcd by it for

the capital or operating costs of the airport; the local airport system; or other local facilities which are

owned or operated by the owner or operated by the owner or operator of the airport and directly and

substantially related to the actual air transportation of pm;~ugcr~ or proptmy; or for noiBtl mitigation

purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations

i$sucd before September 3, 1m,by the owner or operator of the airport, or provisions enacted before

September 3, 1982, in governing statute controlling the owner or operator's fuumcing, provide fOl the W1C

of the revenues from any o.fthe airport owner or operator's facilities, including the airport, to support not

only the airport but also £he airport owner or opcrater's general debt obligllbOns or other fa<:i1ities,then

this limitation on the use of all revenues generated by the airport (and, in. the case of the public airport,

local taxes on aviation fuel) shall not apply.

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26. Reports and Inspections. It will submit to the Seerctary such annual 01' lIpecinl fi:tl~cilll and

operations reports as the Secretary way reasonably request. A report of the Airport budget will be

available to the public at reasonable times and places. For airport development projects. it will also make

the airport and all airport records and documents affecting the airport, including deeds, leases, operation

and use agreements, regulations and other instruments, available for inspection by any duly authorized

agent of the Secretary UlJO.urca:;onllblc request, For noise compatibility program projects, it will also make

records and documents relating to the project and continued compliance with terms, conditions, and

assurances of the graot agreement including deeds, leases, agreements, regulations, and other instruments,

available for inspection by any duly authorized agent of the Secretary upon reasonable Tel.{uest,

27. U~e-or Govp.rhmr.nt Aircraft. It will make available all of the facilities of the airport developed with

Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for

use by Government aircraft in common with other aircraft at an times without charge, except, if the use

by Government aircran Is sulzstautial, ~biUgc may be made for a reasonable share, proportlona! tn such

usc, for the cost of operating and maintaining tho facilities used. Unless otherwise determined by the

Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by

Government aircraft will be considered to exist when operations of such aircraft are in excess of those

which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other

authorized aircraft, or duriT.tg l\ny ealendar month that-

•• a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent

thereto; or' .

b. The total number of movements (counting each landing as a movement) of Government aircraft is

300 or more, or the gross accumulative weight of Government aircraft using the

airport (the total movements of Government aircraft multiplied by gross weights of such aircraft) ls in

CXCCS3 of five million pounds.

28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in

connection with any air traffic control or air navigatlon actlvities, ur weathc:c-rc:potting and ~ommuD.ieation

activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings

of the sponsor as the Secretary considers necessary or desirable for construction, operation, and

maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof

will be made available as provided herein within four months after .rcceipt of a written request from the

Secretary.

29. Airport Layout Plaa

a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of

airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or

controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and

nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons,

terminal builUingll, hangars and roads), including Gl1proposed extensions and reductions of existing

airport facJ1ities; and (3) the location of all existing and proposed nonaviation areas and of all existing

improvements thereon, Such airport layout plan and each amendment, revision, or modification

thereof, shall be subject to the approval of the Secretary whid1 a.pproval shall be evidenced by the

signature of a duly authorized representative of the Secretary 011 the face of the airport layout plan.

The 3p0D50r will not make or pennit any changes or alterations in the airport or in any of its facilities

which are not in conformity with the airport layout plan as approved by the Secretary and which.

might, in the opinion of the Secretary, adversely affect the safety, utility. or efficiency of the airport,

b. If a change or alteration in the airport or its facilities is made which the Secretary determines

ad~l'l;~ly affects the safety, utility, or efficiency Qf any federally owned, leased, or funded property on

or off the airport and which is not in conformity with the airport layout plan as approved by the

Secretary, the owner or operator will, if requested by the Secretary (1) eliminate such adverse effect in

a lIIil,l.111Crapproved by the Sccrctnry; or (:.1)bear all COEt& of reloc.aW1@such prnperly (or replacement

thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement

Page 9 of 11

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thereof) to the level of safety, utility, etr1clcncy, a,nu cost of opcrQtiol1 mstins before tbe \11HII'[lrnved

change in the airport or its facilities.

30. Clvll Rights. It will comply with such rules as arc promulgated to assure that nu PI;;UOil shall, on the

grounds of race, creed; color, national origin, sex, age, or handicap be excluded from participating in any

activity conducted with or bcnefitieg from funds received from this grant, This assurance obligates the

sponsor for the period during which Federal financial assistance is extended to the program, except where

Federal financial assistance is to provide, or is in the form of personal property or real property or interest

therein or structures or improvements thereon, in which case the assurance obligat~ tb" sponsor or any

transferee for the longer of the following periods: (a) the period during which the property is used for a

purpose for wbi~h Federal financial asssistance is extended, or for another purpose involving the provision

of similar services or benefits or (b) the period during which the sponsor retains ownership or possession or

the property.

31. Disposal of Land.

1

.

a. For land purchased under a g"ant for airport noise cOJD.patibitity purposes, it will, when the land is

no longer needed for such. purposes, dispose of such land at fair market value at the earliest practicable

time. That portion of the prot:••p.!ic; of such disposition which is proportionate to the United States

share of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for

deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed

by the Secretary. :

b. (1) For land purchased under a grant for airport development (other than noise compatibility)

purposes, it wiJ~ when the land is.no longer needed for airport purposes, dhiIJ'hC of ~uch land ot fair

market value or make available to the Secretary ar.iamount equal to the United States proportionate

share of the fair mlU"kN valu••.of the land. That portion of the proceeds of such disposition, wbich is

proportionate to the United States share of the cost of acquisition of such land will, (a) upon

application to the Secretary, be reinvested in another eligible airport improvement project or projects

approved by the Secretary at that airport or within the national airport systr.m, 01' (b) be paid to the

Secretary for deposit in the Trust Fund if no such eligible project' exists.

(2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may

be needed fur aeronautical purpo$eS (including runway protection zone) or serves as noise buffer land,

and (b) the revenue from mterim uses of Sllr.h land contributes to the financial self-sufficiency of the

airport. Further, land purchased with a grant received by an airport operator or owner before

December 31. 1987. will be considered to be needed for airport purposes if the Secretary or the

Federal agency making such grant before December 31, 1987, was notified by the operator or own!'! r of

the use of such land, did not object to such use, and the land continues to be used for that purpose,

such use baving commenced not later than December 15, 1989.

c. Disposition of such land under (a) OJ:' (b) will be subject to the retention or reservation of any

interest or right tberein necessary to ensure that sueb, land will only be used f('l1" purposes which are

compatible with noise levels associated with the operation of the airport.

32. Engineering and D~ign Services. It will award each. contract, or sub-contract fur vn)graD1

management, construction management, planning studies, feasibility studies, architectural services,

preliminary engineering. design, engineering, !':urveying. mapping. or related services with respect to the

project in the S8JJle manner as a contract for architectural and engineering services is negotiated under

title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualificationsbased requirement prescribed for or by [he spomJor ot the airpon,

33. Foreign Market Restriction'J. It will not allow funds provided under this grant to be used to fund any

project which uses any product or service of a foreign country during the period in which suen foreigD.

country is listed by the United States Trade Representative as denying fair and equitable market

opportumucs tor products and Iluppllcrs of the United Statec in p';Qcurer:nent and construction.

rage 10 of 11

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34. PDlicies, Standards, and Speclfil:JltioDS. It will carry out the project 1Jlaccordance with policies,

standards, and specifications approved by the Secretary including but not limited [0 the advisory circulars

listed in the Current FAA. Advisory C-irculars for AIP Projects. dated Jun.e 1.1994 and included in this

grant, and in accordance with applicable state policies, standards, and specifications approved by the

Secretary.

•,

35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the

greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CPR Part 24

and will payor reimburse property owners for necessary expenses as specified in Subpart B. (2) It will

provide a relocation assistance program offering the services desCiihed in Subpart C and fair and

reasonable relocation payments and l\3:3Cltnnce to displaced persons as required in Subparts n and E of 49

CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement

comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.

36. Drug-Free Workplace. It will provide a drug-free workplace at the site of work specified in the

gl"aJlt :'Ipp1it'~rinn in accoedancc with 49 CFR Part 29 by (1) publis~ a statement notifying its employees

that the unlawful manufacture, distnbution, dispensing, possession or use of a controlled subgtanee is

prohJbiccd in the sponsor's workplace and specifying the actions that will be taken against its employees for

viulatiuu of such prohibitions; (2) C3tabllilhing 11 drug.free II.wnrenElGGprogram to infonn its employees

about the dangers of drug abuse in the workplace and any available drug counseling, rehabilitation, and

employees assistance programs; (3) notifying the FAA within ten (10) days after receiving notice of an

employee criminal drug statute conviction fOT a violation occurring in the workplace; and (4) maJdng a

good faith effort to maintaia a drug-free workplace.

Page 11 of 11

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04/07/2008 13:05 310725684'3 FAA LAX ADO PAGE 22

CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECfS

Effective Date: 6/1/94

•.

NUMBER SUBJEcr

70/7460-lH Ob6truction M3rkiDg and Lighting

CHGl&2

lSO/5100-14C ArchitcdW"aI, Engineering, and Planning Consultant Services for Airport

Grant Protects

150/5210-5l3 P";"hftll' MadoD9.: and r ;..•.••t;••.••. of Vehicles Used on an

.

150 J5210-7B Aircraft Fire and ltf.'SC'llC ConunUfikatiotlS

150 5210-14 Airport F'U'eand Rescue PeI"SOnD.~1Protective OotWull

150 5210-15 ..• Rl".SQ1C & F"tre" Station Buildinl! Desim

150/5210-18· Systems for Interactive TrainiW!!of Airnort Personnel

15O/52204B Water Sueolv SYStemsfor Aircraft Fife and Rescue Prot:ccdoa.

150/S220~lOA Guide Specifkation for Warer/Foam. Type AiTeraft Rescue aJId P;t"('1ightin~

Vehicles

150IS22D-13B Runway Surface Condition SCO$orSoecification Guide

150IS220-14A Airoort FU'C and Rescue Vehide Soecification Guide

150/5220-16A Automated Weather Observiaz SyStems for NonFederal Aoolications

150/5:?20 17A n....~~ Stw:ulurdGfor Airct'3ft ~uo Pi ..••. Trai.Dimr Facilities

lSO/S220-18 Buildings for Storage and Maintenance of Airport Saow and Icc Cottttol

Equipment and. Materials

15O{5220-19 Guide Specification for Small, Dual-Agoot Aircraft Rescue and FuetigbtiDg

Vehicles

150/5220-20 Airport Snow and.lee Control Equipment

CHGl

150/5220-21 Guide Specific:ation for Lifts Used to Board Airline Passengers With Mobility

CHGI ImDairmcnts

15()/5300-13 Airport Design

t':HG 1 ,_.t: ~

150/5300-14 Desism of Airaaft Deicinz Facilities

150/5300-15 Use of Value - for Enzineerinz Desim of Airnort Grant Proiects

150/5320-5B AirDort Draiaaze

150/53204: Airport Pavement Design and E'faluatioo

CQG1&2

150/5320-128 Measurement, Construction, and Maintenance of Skid Resistant Airport

Pavement Surfaces

1.50/5320-14 Aimort Landscapme: for Noise Control

150/S32S-4A Runway Length Requirements for Airport Design

CHG!

15O/5340-1G Standards for Aimort. Markim!s

1SO/S34o-4C htstallation Details for Runway Centerline Touchdown Zone Lighting Systems

CHG 1&2

1S0/5340-SB Segmented Circle Airport Marker System

CHGl

l5O/5340-14B Economy Approach L~ti.ug Aids

CHG1&2

150I5340·17B Standbv Power for NonFAA Airport Lillhn.D2 SYStems

150/5340-18C Standards for Airport Sign Systems

CHOl

3187256849 84/87/88 16:45 Pg: 22
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04/07/2008 13:05 3107255849 FAA LAX ADD PAGE 23

.

.

Taxiwav Centerline Liiilit:irm Svstem

...

150 5340~19

150 5340-21 Airoort Miscellaneous Li2btiolt Visual Aids

150 5340-23B Sunetemeata] Wmd Cones

150/5340-24 Runway and Taxiway Edge Ligltting System

CHGt

150 5340-27A Air-eo-Ground Radio Control of AilWrtJ:jahti~~ Svstems

150 5345-3D Soedfication for L821 Panels for Remote Control of Aimort Lid.ting

1.50 5345-)A Circuit SCleaor Switc;.h

150/5345-70 Specification for L824 Underground ElectricalCable for Airport Lighting

egG 1

.,.;.,... . --.

150/5345-10£ Soecif cation for Coo.c;tantCurrent Rezulators Rezulator Monitors

150/5345-12C S

.

tion for Aimort and Helioort Beacon

l5O/5345-13A Spe¢ifieation for 1.841 AmaliaI)' Relay Cabinet AMGmbly for Pilot Control of

Aimort Li2bt.in2 Cil'cuits

1.50/5345-?liB Specification for L823 PIUR and Receptacle, Cable CoDDceton

CHGl&2

150/5345-Z1C SOecilkatiOD for Wmd Cone Assemblies

J-'O/245-28D l"Tecislon Apptoac:b. Path IAdic:atOl' (11API) Systems

CHGl

15O/5345-39B FAA Spcclfic:atiou L8S3, Runway and Taxiway Centetline Retrorcflcdive

CH01. MarJcers

150/534S-42C Specification for Airport Ught Bases, Transformer Housiup, Junction Boxes

CHOl and Accc:asoric=4

1501 5345~ Soecification for Obstruction 1 ;"hhn~ &Iwnment

150 534~~ Soccification for Taxiwav and Runwav SlImS

150 5345-45A J' .

t Anoroadl Li2ht StrudDre

1SOJ 5345-46A S0eci6cation for Runwav and Tuiwav Li2ht F'vcmres

150J 534s-47A Isolation Tra.m;fOlWCC:S for Ait'oort 1 • ~L."':~ :Syst~UJ£

150/ 5345-49A Snecification 1.854 Radio Control Equipment

150/5341\~50 Specification for· Portable Runway Lights

CHGl

150/5345-51 Specification for Discharge- Type Flasher Equipment

ClIO!

150/5345~52 Generic VISual Glidcslooe Indicators (GVGD

150/5360-9 P1arminlr and Pesilm of Airnort Tc@!~al Facilities at NooHub Locations

150/5360-12 Airnort Si2n.i~ & Graphics

150/5360..13 Planning and Design Guidance for Airp~~ Tenninal Facilities

CHGl

15O/5370-1£. Oecrational Safety on Airports Durinz Construction

150 15370-68 f'..cm!ItrUctionProzress and lDsDectio~ Repol'!,AiI"porl Grant Program

1.50j5370-10A Standards for Specifying Construction of Airports

CHG 1, z, 3, 4, 5, 6,

7

150/5370-11 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements

CHGl

......_-_ ..

150/5370-12 Qualitv Control of Construction for Airoort Grant Projects

150/5390-2A Helinort Desitm

150/539Q..3 Vertinort DesW;n

3187256849 84/87/88 16:46 Pg: 23
(\ o ...J>- l.::. 7.-/ ,S'

or"

SANTA MONICA

Airport Department 3223 Donald Douglas Loop South

Santa Monica, CA 90405-3279

(213) 458-8591

January 3, 1992

Mr. John Milligan

Supervisor - Standards Section

FAA Airports Division AWP-621.5

P.O. Box 92007 WWPC

Los Angeles, CA 90009

Dear John:

Attached are four executed copies of the Amendment No.1 to grant agreement No. 3-06-

0239-05 at the Santa Monica Airport. Thank you for your cooperation.

Sincerely,

~//L

Timothy A. Walsh, A.A.E.

Airport Operations Manager

Enc!.
UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C. 20590

Page 1 of 2 Pages

Contract No. DTFA08-91-C-20650

Santa Monica Municipal Airport

Santa Monica, California

AMENDMENT NO. 1 TO GRANT AGREEMENT FOR PROJECT NO. 3-06-0239-05

WHEREAS, the Federal Aviation Administration (hereinafter referred to as the

"FAA") has determined it to be in the interest of the United States that the

Grant Agreement between the FAA, acting for and on behalf of the United

States, and the City of Santa Monica (hereinafter referred to as the

"Sponsor"), accepted by said Sponsor on the 30th day of September, 1991, be

amended as hereinafter provided.

NOW THEREFORE, WITNESSETH:

That in consideration of the benefits to accrue to the parties hereto, the FAA

on behalf of the United States, on the one part, and the Sponsor, on the other

part, do hereby mutually agree that said Grant Agreement be and is hereby

amended as follows:

Delete the Airport Development described on page 1 and substitute in lieu

thereof the following described Airport Development:

Reconstruct, groove, and mark Runway 21/3 (approximately 150'x5,OOO'); Install

runway lighting (approximately 50 each); Purchase a power sweeper.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said

Grant Agreement to be duly executed as of the \~tL- day of

':1)41'-< tv\ k~j2 ,1991.

UNITED STATES OF AMERICA

FEDERAL AVIATION ADMINISTRATION

WESTERN REGION

a Q 11/11-Jj By: ;:r ,,_

Jdh P. Milligan, Supervisor

Standards Section
Page 2 of 2 Pages

Project No. 3-06-0239-05

Santa Monica Municipal Airport

Santa Monica, California

City of Santa Monica

(Name of Sponsor)

(SEAL) By : .,--........,.--.-.;.=""""-'=--=-----~ U~k£,

\l V

Title: City Manager

Title:

CERTIFICATE OF SPONSOR'S ATTORNEY

I, ~~-t+- ~Qe..w~ , acting as Attorney for The City of

Santa Monica (hereinafter referred to as the "Sponsor") do hereby certify:

That I have examined the foregoing Amendment to the Grant Agreement and the

proceedings taken by the Sponsor relating thereto, and finding the execution

thereof by said Sponsor has been duly authorized and is in all respects due

and proper and in accordance with the laws of the State of California, and

further that, in my opinion, said Amendment to Grant Agreement constitutes a

legal and binding obligation of the Sponsor in accordance with the terms

thereof.

Dated at~~~) <A..., this \l...~ay of~~,1991.
Oi/22/02 MaN Oi:14 FAX 310 i25 684i FAA AIRPORTS DIVISION G1l002

REPORTING PERIOD AIRPORT DEVeLOPMENT REGION I ADO

F'Y 0 N D J F M A M J J A S PROJECT STATUS REPORT Western-pacific R.O.

ll6 NAMe OF AIRPORT STATE

fJ7 Santa Monica California

-

""Il LOCATION SITE NUMBER PROJECT NUMBER

1 Santa Monica 22S3.A 3-06-0239-05

NORK DESCRIPTION COJltract No.: DTPA08-9l-C-206S0

Reconstruct, overlay, groove and mark Runway 21/3 (approximately lS0'xS,OOO');

Install runway lighting (approximately SO each) .

Amd NOll 12/12/91: Project Description Bevis=~ Reconstruot, overlay, groove

and mark Runway 21/3 (approximately lSO'xS,OOO'); Install rullway lighting

(approximately 50 each); Purchase power sweeper.

lO/27/99: Phase 7. Deobligate $).95,737.00.

11/16/99 ! Phase B. Deobligate $~9S, 737.00.

.

ALLOCATIONS AND GRANTS PAYMENTS 90,00%

A.AC11ON 8. bATE C. FEDERAL FUNDS REQUESTED PAID CUMULAnYE AMOUNT REQueGTEI) PAID CUMlJLAl1VE AMOUNT

l'A 3/20/31 1,000,000 ~/20/92 1/31/92 27,84l

GO 8/23/91 2.500,000 5/27/92 6/9/92 lSB,799

GAo 9/24/9:1. 2,500,000 1/14/93 1/15/93 211,425

~l 12/:1.2/91 No change 8/24/.93 e/25/93 1,492,341

I 11/B/93 11/10/93 1.887,B2I.

8/25/94 9/7/9' 2.304,263P'

STAGE I ALLOCATION TO GRANT AGREEMENT

B. SPONso,,"s I'ROCJRE!IS

~

A. ACTlON 1. PLANNeD 2. STARTED 3. COMPLETED AC110N AcnON OPENING

COMPl£TlON C:OMPt...eTI!!D COMPLEn!O

,. SI'QNSOR'S FUNDS

1. OallGAAnON OF l!.NGINI!I!R

3. AJRPO~ I..AYOUT PLAN

---,

4. PlANS AND SP8CIFlCAnONS I'

(Use ooC'" In nIDlll.beiOWl 0

R

A. PROJE!C1' APPUCAnON 8/7/91 8120/9~

PLANNED ISSUANCE DATE 119S0

1illI PLANNED ACCEPTANCE !)ATE I

ACCEPTB>

s. GRANT OFFI!R 0

STAGE II GRANT AGREEMENT TO PHYSICAl. COMPLETION

A. C.AWARD D. NonCE TO PRoceeD e. PROGRESS

~ON B. CONTRACTOR OF F. PINAL

~ CONmACT PLANNED ACTUAl. p~ STAJm!!O HALF C:OMf'LeTE lNSPeeT10N

Ca.1ZT1DIl C,*PLET15

2,3 CRnf":tTH CO. 3/~G/93 .10/22/93 3/16/93

$2,233,826.00

--

!

STAGE III PHYSICAL TO FINANCIAL COMPLETION SPECbtl CONDITIONS

A. CONDmoNS B. SATISFACTION

A. ACllON B. DAn: 1.1'10. Z. DESCRIPTION 1.PLANNa) I :i.. ACTUAl.

1~A&oeUII••r DRAWINGS RECEIVED

!

2.. AuDIT REQUESTED

s. AUDIT IU!I'OI{T RECI!IV!D

;!'lAHT REVIEW COMPLETED

I

.u: CODES TO BEllSED WHEAl< NOTEC

1

Z·PAVING

• 6~ PREPARA'OON 3.UCImMG

".8U1lDING

5

•

•

·RPZLAND

DEVELOPMENT

SEHIHD SCHEDULE 0

Used In lieu of FAA form 5100-5 (~72) Dl.CIo4
DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C. 20590

GRANT AGREEMENT

Part I - Offer

Date of Offer AUG 2 3 ":991

Santa Monica Municipal Airport/Planning Area

Project No. 3-06-0239-05

Contract No. DTFA08-91-C-20650

TO: City of Santa Monica, California

(herein called the "Sponsor")

FROM: The United States of America (acting through the Federal Aviation

Administration, herein called "FAA")

WHEREAS, the Sponsor has submitted to the FAA a Project Application for a grant of

Federal funds for a project at or associated with the Santa Monica Municipal

Airport/Planning Area 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 the Airport or Planning Area (herein

called the "Project") consisting of the following:

Reconstruct, overlay, groove, and mark Runway 21/3 (approximately

150'x5,000'); Install runway lighting (approximately 50 each).

all as more particularly described in the Project Application.

Page 1 of 5 Pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the

Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway

Safety and Capacity Expansion Act of 1987, herein called the "Act", and/or the

Aviation Safety and Noise Abatement of 1979, and in consideration of (a) the

Sponsor's adoption and ratification of the presentations 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 compliance with the assurances and conditions as

herein provided. THE FEDERAL AVIATION ADMINISTRATION, 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, 90.00 percentum.

The Offer is made on and subject to the following terms and conditions:

Conditions

1. The maximum obligation of the United States payable under this offer shall be

$2,500,000.00. For the purpose of any future grant amendments which may

increase the foregoing maximum obligation of the United States under the

provisions of Section 512(b) of the Act, the following amounts are being

specified for this purpose:

$0

$2,500,000.00

for planning

for airport development or noise program

implementation

2. The allowable costs of the project shall not include any costs determined by

the FAA to be ineligible for consideration as to allowability under the Act.

3. Payment of the United States share of the allowable project costs will be made

pursuant to and in accordance with the provisions of such regulations and

procedures as the Secretary shall prescribe. Final determination of the United

States share will be based upon the final audit of the total amount of the

allowable project costs and settlement will be made for any upward or downward

adjustments to the Federal share of costs.

4. The Sponsor shall carry out and complete the project without undue delays and

in accordance with the terms hereof, and such regulations and procedures as the

Secretary shall prescribe, and agrees to comply with the assurances which were

made part of the project application.

5. The FAA reserves the right to amend or withdraw this offer at any time prior to

its acceptance by the Sponsor.

6. 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 September 30, 1991 or such subsequent date as may be

pre scrLbe d in writing by the FAA.

2
7. The Sponsor shall take all steps, including litigation if necessary, to recover

Federal funds spent fraudulently, wastefully, or in violation of Federal

antitrust statutes, or misused in any other manner in any project upon which

Federal funds have been expended. For the purposes of this Grant Agreement,

the term "Federal funds" means funds however used or disbursed by the Sponsor

that were originally paid pursuant to this or any other Federal grant

agreement. It shall obtain the approval of the Secretary as to any

determination of the amount of the Federal share of funds. It shall return the

recovered Federal share, including funds recovered by settlement, order, or

judgement, to the Secretary. It shall furnish to the Secretary, upon request,

all documents and records pertaining to the determination of the amount of the

Federal share or to any settlement, litigation, negotiation, or other efforts

taken to recover such funds. All settlements or other final positions of the

Sponsor, in court or otherwise, involving the recovery of such Federal share

shall be approved in advance by the Secretary.

8. The United States shall not be responsible or liable for damage to property or

injury to persons which may arise from, or be incident to, compliance with this

Grant Agreement.

9. It is understood and agreed by and between the parties hereto that this Grant

Offer is made and accepted upon the basis of Engineer's estimate; and the

parties hereby Covenant and agree that within 120 calendar days from the date

of acceptance of this Grant Offer the Sponsor shall furnish final plans and

specifications to the Federal Aviation Administration (FAA) and that no

construction work will commence hereunder nor will there be any advertisement

for bids for accomplishment of such work until the said final plans and

specifications have been approved by the FAA; and the parties do hereby

Covenant and agree that any reference made in this Grant Offer or in the

aforesaid Project Application to plans and specifications shall be considered

as having reference to said final plans and specifications as so approved.

10. Buy American Requirement. Unless otherwise approved by the FAA, it will not

acquire or permit any contractor or subcontractor to acquire any steel or

manufactured products produced outside the United States to be used for any

projects for airport development or noise compatibility for which funds are

provided under this grant. The sponsor will include in every contract a

provision implementing this special condition.

11. The attached new Part V Assurances are hereby incorporated hereto with the

Sponsor's Project Application and made a part hereof.

3
12. The Sponsor agrees to perform the following:

12.1. Furnish a construction management program to FAA prior to start of

construction which shall detail the measures and procedures to be used to

comply with the quality control provisions of the construction contract,

including, but not limited to, all quality control provisions and tests

required by the Federal specifications. The program shall include as a

minimum:

12.1.a. The name of the person representing the Sponsor who has overall

responsibility for contract administration for the project and

the authority to take necessary actions to comply with the

contract.

12.1.b. Names of testing laboratories and consulting engineer firms with

quality control responsibilities on the project, together with

the description of the services provided.

12.1.c. Procedures for determining that testing laboratories to meet the

requirements of the applicable American Society of Testing

Material's standards on laboratory evaluation, referenced in the

contract specifications (D 3666, C 1077).

12.1.d. Qualifications of engineering supervision and construction

inspection personnel.

12.1.e. A listing of all tests required by the contract specifications,

including the type and frequency of tests to be taken, the

method of sampling, the applicable test standard, and the

acceptance criteria or tolerances permitted for each type of

test.

12.1.f. Procedures for ensuring that the tests are taken in accordance

with the program, that they are documented daily, that the

proper corrective actions, where necessary, are undertaken.

12.2. Submit at completion of the project, a final test and quality control

report documenting the results of all tests performed, highlighting those

tests performed, highlighting those tests that failed or did not meet the

applicable standard. The report shall include the pay reductions applied

and reasons for accepting any out-of-tolerance material.

4
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 hereinafter provided, and this Offer and Acceptance shall

comprise a Grant Agreement, as provided by the Act, constituting the contractual

obligations and rights of the United States and the Sponsor with respect to the

accomplishment of the Project and compliance with the assurances and conditions as

provided herein. Such Grant Agreement shall become effective upon the Sponsor's

acceptance of this Offer.

UNITED STATES OF AMERICA

FEDERAL AVIATION ADMINISTRATION

WESTERN-PACIFIC REGION

By: (7lL,-~(J/J£/f?R'

Johr(~. Milligarr~Supervisor

. Standards Section

Part II - Acceptance

The sponsor does hereby ratify and adopt all assurances, statements,

representations, warranties, covenants, and agreements contained in the Project

Application and incorporated materials referred to in the foregoing Offer and does

hereby accept this Offer and by such acceptance agrees to comply with all of the

terms and conditions in this Offer and in the Project Application.

Executed this _______ 30 day of September , 1991.

(SEAL)

City of Santa Monica, California

Name of Sponsor

By: U~·

Title:

~J~~

(!IT)! {!/e~ tf

Attest: Title: Ci ty Manager

CERTIFICATE OF SPONSOR'S ATTORNEY

I, Robert M. Myers , acting as Attorney for the Sponsor do hereby certify:

That in my opinion the Sponsor is empowered to enter into the foregoing Grant

Agreement under the laws of the State of California. Further, I have examined the

foregoing Grant Agreement and the actions taken by said Sponsor relating thereto,

and find that the acceptance thereof by said Sponsor and Sponsor's official

representative has been duly authorized and the execution thereof is in all respects

due and proper and in accordance with the laws of the said State and the Act. In

addition, for grants involving projects to be carried out on property not owned by

the Sponsor, there are no legal impediments that will prevent full performance by

the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a

legal and binding obligation of the Sponsor in accordance with the terms thereof.

Dated at Santa MODi ca this ____1 day of October , 1991.

Signature of Sponsor,s Attorney

5
PART V

ASSURANCES

Airport Sponsors

October 1, 1990

A. General

1. These assurances shall be complied with in the performance of grant agreements for airport

development, airport planning, and noise compatibility program grants to airport sponsors.

2. These assurances are required to be submitted as part of the project application by sponsors

requesting funds under the provisions of the Airport and Airway Improvement Act of 1982, as

amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, or the Aviation Safety and Noise Abatement Act of 1979. As used herein, the term private sponsor means a

private sponsor of a public-use airport; and the term sponsor includes public agency sponsors and

private sponsors.

3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and

become part of the grant agreement.

B. Duration and Applicability.

1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency

Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force

and effect throughout the useful life of the facilities developed or equipment acquired for an

airport development or noise compatibility program project, or throughout the useful life of the

project items installed within a facility under a noise compatibility program project, but in any

event not to exceed twenty (20) years from the date of the acceptance of a grant offer of

Federal funds for the project. However, there shall be no limit on the duration of the assurance

against exclusive rights or the terms, conditions, and assurances with respect to real property

acquired with Federal funds. Furthermore, the duration of the Civil Rights assurances shall be

as specified in the assurance.

2. Airport Development or Noise Compatibility Program Projects Undertaken by a Private Sponsor.

The preceding paragraph 1 also applies to a private sponsor except that the useful life of project

items installed within a facility or the useful life of facilities developed or equipment acquired

under an airport development or noise compatibility program project shall be no less than ten

(10) years from the date of the acceptance of Federal aid for the project.

3. Airport Development or Noise Compatibility Program Projects Undertaken by a Sponsor.

Unless otherwise specified in the grant agreement, only Assurances 1,2,5,6, 13, 18,30,32,33,

34, and 36 in Section C apply to planning projects. The terms, conditions, and assurances of the

grant agreement shall remain in full force and effect during the life of the project.

C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:

1. General Federal Requirements. It will comply with all applicable Federal laws, regulations,

executive orders, policies, guidelines and requirements as they relate to the application,

acceptance and use of Federal funds for this project including but not limited to the following:
Federal Legislation

a. Federal Aviation Act of 1958 - 49 U.S.c. 1301, et seq.

b. Davis-Bacon Act - 40 U.S.c. 276(a), ct seq.1/

c. Federal Fair Labor Standards Act - 29 U.S.c. 201, et seq.

d. Hatch Act - 5 U.S.c. 1501, et seq.'!,./

e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42

U.S.c. 4601, et. seq.1/ l,./

f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.c. 470(£).1/

g. Archeological and Historic Preservation Act of 1974 - 16 U.S.c. 469 through 469c.1/

h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.c. 4012a.1/

i, Rehabilitation Act of 1973 - 29 U.S.c. 794.

j. Civil Rights Act of 1964 - Title VI - 42 U.S.c. 2000d through d-4.

k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.c. 2101, et seq

I. Age Discrimination Act of 1975 - 42 U.S.c. 6101, et seq.

m. Architectural Barriers Act of 1968 - 42 U.S.c. 4151, et seq.1/

n. Airport and Airway Improvement Act of 1982, as amended 49 U.S.c. 2201, et seq.

o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 2 U.S.c. 8373.1/

p. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.I/

q. Copeland Antikickback Act - 18 U.S.c. 874.1/

r. National Environmental Policy Act of 1969 - 42 U.S.c. 4321, et seq.1/

s. Endangered Species Act - 16 U.S.C. 668(a), et seq.1/

t. Single Audit Act of 1984 - 31 U.S.c. 7501, et seq.l,./

u. Drug-Free Workplace Act of 1988 - 41 U.S.c. 702 through 706

Executive Orders

Executive Order 12372 -- Intergovernmental Review of Federal Programs

Executive Order 11246 -- Equal Employment Opportunity 1/

Federal Regulations

a. 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative

Agreements to State and Local Governments.J/

b. 49 CFR Part 21 - Nondiscrimination in Federally-Assisted Programs of the Department of

Transportation-Effectuation of Title VI of the Civil Rights Act of 1964.

c. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of

Transportation Programs.

d. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition

Regulation for Federal and Federally Assisted Programs.1/ '!,./

e. 49 CFR Part 27 - Non-Discrimination on the Basis of Handicap in Programs and

Activities Receiving or Benefiting from Federal Financial Assistance.1/

f. 49 CFR Part 29 - Debarments, Suspensions, and Voluntary Exclusions.

g. 49 CFR Part 30 - Denial of Public Works Contracts to Suppliers of Goods and Services of

Countries That Deny Procurements Market Access to U.S. Contractors.

h. 29 CFR Part 1- Procedures for Predetermination of Wage Rates.1/

1. 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Works

Financed in Whole or Part by Loans or Grants From U.S.1/

J. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally

Financed and Assisted Construction.1/

k. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally

Financed and Assisted Construction.1/

I. 14 CFR Part 150 - Airport Noise Compatibility Planning.

2
Oflice of Management and Budget Circulars

a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local

Governments.J/

A-I28 - Audits of State and Local Governments.g/ b.

1/ These laws do not apply to airport planning sponsors.

~/ These laws do not apply to private sponsors.

3./49 CFR Part 18 and OMB Circular A-87 contain requirements for State and

local government receiving Federal assistance. Any requirements levied upon State

and local governments by this regulation and circular shall also be applicable to

private sponsors receiving Federal assistance under the Airport and Airway

Improvement Act of 1982, as amended.

Specific assurances required to be included in grant agreements by any of the above laws,

regulations or circulars are incorporated by reference in the grant agreement.

2. Responsibility and Authority of the Sponsor.

a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry

out the proposed project; that a resolution, motion or similar action has been duly adopted or

passed as an official act of the applicant's governing body authorizing the filing of the

application, including all understandings and assurances contained therein, and directing and

authorizing the person identified as the official representative of the applicant to act in

connection with the application and to provide such additional information as may be

required. .

b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out

the proposed project and comply with all terms, conditions, and assurances of this grant

agreement. It shall designate an official representative and shall in writing direct and

authorize that person to file this application, including all understandings and assurances

contained therein; to act in connection with the application; and to provide such additional

information as may be required.

3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs

which are not to be paid by the United States. It has sufficient funds available to assure

operation and maintenance of items funded under the grant agreement which it will own or

control.

4. Good Title

a. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site

thereof, or will give assurance satisfactory to the Secretary that good title will be required.

b. For noise compatibility program projects to be carried out on the property of the sponsor, it

holds good title satisfactory to the Secretary to that portion of the property upon which

Federal funds will be expended or will give assurance to the Secretary that good title will be

obtained.

3
5. Preserving Rights and Powers.

a. It will not take or permit any action which would operate to deprive it of any of the rights

and powers necessary to perform any or all the terms, conditions, and assurances in the grant

agreement without the written approval of the Secretary, and will not act promptly to

acquire, extinguish or modify any outstanding rights of others which would interfere with

such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.

b. It will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or

other interests in the property shown on Exhibit A to this application or, for a noise

compatibility program project, that portion of the property upon which Federal funds have

been expended, for the duration of the terms, conditions, and assurances in the grant

agreement without approval by the Secretary. If the transferee is found by the Secretary to

be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations

of the grant agreement and 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 make binding upon the transferee, all of the terms,

conditions and assurances contained in this grant agreement.

c. For all noise compatibility program projects which are to be carried out by another unit of

local government or are on property owned by a unit of local government other than the

sponsor, it will enter into an agreement with the government. Except as otherwise specified

by the Secretary, that agreement shall obligate that government to the same terms, conditions,

and assurances that would be applicable to it if it applied directly to the FAA for a grant to

undertake the noise compatibility program project. That agreement and changes thereto, must

be satisfactory to the Secretary. It will take steps to enforce this agreement against the local

government if there is substantial non-compliance with the terms of the agreement. .

d. For noise compatibility program projects to be carried out on privately owned property, it

will enter into an agreement with the owner of the property which includes provisions

specified by the Secretary. It will take steps to enforce this agreement against the property

owner whenever there is substantial non-compliance with the terms of the agreement.

e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure

that the airport will continue to function as a public-use airport in accordance with these

assurances for the duration of these assurances.

f. If an arrangement is made for management and operation of the airport by any agency or

person other than the sponsor or an employee of the sponsor, the sponsor will reserve

sufficient rights and authority to insure that the airport will be operated and maintained in

accordance with the Airport and Airway Improvement Act of 1982, the regulations and the

terms, conditions and assurances in the grant agreement and shall insure that such

arrangements also requires compliance therewith.

6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the

time of submission of this application) of public agencies that are authorized by the State in

which the project is located to plan for the development of the area surrounding the airport.

For noise compatibility program projects, other then land acquisition, to be carried out on

property not owned by the airport and over which property another public agency has land use

control or authority, the sponsor shall obtain from each such agency a written declaration that

such agency supports that project and the project is reasonably consistent with the agency's plans

regarding the property.

4
7. Conslderation with Local Interest. It has given fair consideration to the interest of communities

in or ncar which the' project may be located.

8. Consultation with Users. In making a decision to undertake any airport development project

under the Airport and Airway Improvement Act of 1982, it has undertaken reasonable

consultations with affected parties using the airport at which project is proposed.

9. Public Hearings. In projects involving the location of the airport, an airport runway, or a major

runway extension, it has afforded the opportunity for public hearings for the purpose of

considering the economic, social, and environmental effects of the airport or runway location

and its consistency with goals and objectives of such planning as has been carried out by the

community. It shall, when requested by the Secretary, submit a copy of the transcript of such

hearings to the Secretary.

10. Air and Water Quality Standards. In projects involving airport location, a major runway

extension, or runway location it will provide for the Governor of the state in which the project

is located to certify in writing to the Secretary that the project will be located, designed,

constructed, and operated so as to comply with applicable air and water quality standards. In

any case where such standards have not been approved and where applicable air and water

quality standards have been promulgated by the Administrator of the Environmental Protection

Agency, certification shall be obtained from such Administrator. Notice of certification or

refusal to certify shall be provided within sixty (60) days after the project application has been

received by the Secretary.

11. Local Approval. In projects involving the construction or extension of any runway at any

general aviation airport located astride a line separation two counties within a single state, it has

received approval for the project from the governing body of all villages incorporated under the

laws of the state which are located entirely within five miles of the nearest boundary of the

airport.

12. Terminal Development Prerequisites. For projects which include terminal development at a

public airport, it has, on the date of submittal of the project grant application, all the safety

equipment required for certification of such airport under section 612 of the Federal Aviation

Act of 1958 and all the security equipment required by rule of regulation, and has provided for

access to the passenger enplaning and deplaning area of such airport to passengers enplaning or

deplaning from aircraft other than air carrier aircraft.

13. Accounting System, Audit, and Recordkeeping Requirements.

a. It shall keep all project accounts and records which fully disclose the amount and disposition

by the recipient of the proceeds of the grant, the total cost of the project in connection with

which the grant is given or used, and the amount and nature of that portion of the cost of

the project supplied by other sources, and such other financial records pertinent to the

project. The accounts and records shall be kept in accordance with an accounting system tha

will facilitate an effective audit in accordance with the Single Audit Act of 1984.

b. It shall make available to the Secretary and the Comptroller General of the United States, or

any of their duly authorized representatives, for the purpose of audit and examination, any

books, documents, papers, and records of the recipient that are pertinent to the grant. The

Secretary may require that an appropriate audit be conducted by a recipient. In any case in

which an independent audit is made of the accounts of a sponsor relating to the disposition

of the proceeds of a grant or relating to the project in connection with which the grant was

given or used, it shall file a certified copy of such audit with the CompLroller General of the

5
United States not later than six (6) months following the close of the fiscal year for which

the audit was made.

14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any

projects funded under the grant agreement which involve labor, provisions establishing minimum

rates of wages, to be predetermined by the Secretary of Labor, in accordance with the DavisBacon Act, as amended (40 V.S.C 276a-276a-5), which contractors shall pay to skilled and

unskiIled labor, and such minimum rates shall be stated in the invitation for bids and shall be

included in proposals or bids for work.

15. Veteran's Preference. It shall include, in all contracts for work on any projects funded under

the grant agreement which involve labor, such provisions as are necessary to insure that, in the

employment of labor( except in executive, administrative, and supervisory positions), preferences

shall be given to veterans of the Vietnam era and disabled veterans as defined in Section

515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference

shall apply only where the individuals are available and qualified to perform the work to which

the employment relates.

16. Conformity to Plans and Specifications. It will execute the project subject to plans,

specifications, and schedules approved by the Secretary. Such plans, specifications, and

schedules shall be submitted to the Secretary prior to commencement of site preparation,

construction, or other performance under this grant agreement. Any modifications to the

approved plans, specifications, and schedules shall also be subject to approval by the Secretary

and incorporation into the grant agreement.

17. Construction Inspection and Approval. It will provide and maintain competent technical

supervision at the construction site throughout the project to assure that the work conforms with

the plans, specifications, and schedules approved by the Secretary for the project. It shall

subject the construction work on any project contained in an approved project application to

inspection and approval by the Secretary and such work shall be in accordance with regulations

and procedures prescribed by the Secretary. Such regulations and procedures shall require such

cost and progress reporting by the sponsor or sponsors of such projects as the Secretary shall

deem necessary.

18. Planning Projects. In carrying out planning projects:

a. It will execute the project in accordance with the approved program narrative contained in

the project application or with modifications similarly approved.

b. It will furnish the Secretary with such periodic reports as required pertaining to the planning

project and planning work activities.

c. It will include in all published material prepared in connection with the planning project a

notice that the material was prepared under a grant provided by the United States.

d. It will make such material available for examination by the public, and agrees that no

material prepared with funds under this project shall be subject to copyright in the United

States or any other country.

e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise

use any of the material prepared in connection with this grant.

6
f. It will grant the Secretary the right to disapprove the Sponsor's employment of specific

consultants and their subcontractors to do all or any part of this project as well as the right

to disapprove the proposed scope and cost of professional services.

g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all

or any part of the project.

h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's

approval of any planning material developed as part of this grant does not constitute or

imply any assurance or commitment on the part of the Secretary to approve any pending or

future application for a Federal airport grant.

19. Operation and Maintenance.

a. It will suitably operate and maintain the airport and all facilities thereon or connected

therewith, with due regard to climactic and flood conditions. Any proposal to temporarily

close the airport for nonaeronautical purposes must first be approved by the Secretary. The

airport and all facilities which are necessary to serve the aeronautical users of the airport,

other than facilities owned or controlled by the United States, shall be operated at all times

in a safe and serviceable condition and in accordance with the minimum standards as may be

required or prescribed by applicable Federal, state and local agencies for maintenance and

operation. It will not eause or permit any activity or action thereon which would interfere

with its use for airport purposes.

In furtherance of this assurance, the sponsor will have in effect at all arrangements for-

(1) Operating the airport's aeronautical facilities whenever required;

(2) Promptly marking and lighting hazards resulting from airport conditions,

including temporary conditions; and

(3) Promptly notifying airmen of any condition affecting aeronautical use of the

airport.

Nothing contained herein shall be construed to require that the airport be operated for

aeronautical use during temporary periods when snow, flood or other climactic conditions

interfere with such operation and maintenance. Further, nothing herein shall be

construed as requiring the maintenance, repair, restoration, or replacement of any

structure or facility which is substantially damaged or destroyed due to an act of God or

other condition or circumstance beyond the control of the sponsor.

b. It will suitably operate and maintain noise compatibility program items that it owns or

controls upon which Federal funds have been expended.

20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal

airspace as is required to protect instrument and visual operations to the airport(including

established minimum flight altitudes) will be adequately cleared and protected by removing,

lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by

preventing the establishment or creation of future airport hazards.

21. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to

the extent reasonable, to restrict the use of the land adjacent to or in the immediate vicinity of

the airport to activities and purposes compatible with normal airport operations, including

landing and takeoff of aircraft. In addition, if the project is for noise compatibility program

7
implementation, it will not cause or permit any change in land usc, within its jurisdiction, that

will reduce the compatibility, with respect to the airport, of the noise compatibility program

measures upon which Federal funds have been expended.

22. Economic Nondiscrimination.

a. It will make its airport available as an airport for public use on fair and reasonable terms

and without unjust discrimination, to all types, and classes of aeronautical uses.

b. In any agreement, contract, lease or other arrangement under which a right or privilege at

the airport is granted to any person, firm, or corporation to conduct or engage in any

aeronautical activity for furnishing services to the public airport, the sponsor will insert and

enforce provisions requiring the contractor to-

(I) furnish said services on a fair, equal, and not unjustly discriminatory basis to all

users thereof, and

(2) charge fair, reasonable, and not unjustly discriminatory prices for each unit or service

provided, that the contractor may be allowed to make reasonable and

nondiscriminatory discounts, rebates, or other similar types of price reductions to

volume purchasers.

c. Each fixed-base operator at any airport owned by the sponsor shall be subjected to the same

rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based

operators making the same or similar uses of such airport and utilizing the same or similar

facilities.

d. Each air carrier using such airport shall have the right to service itself or to use any fixedbased operator that is authorized or permitted by the airport to serve any air carrier at such

airport.

e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another

air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable

rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities

directly and substantially related to providing air transportation as are applicable to all such

air carriers which make similar use of such airport and which utilize similar facilities,

subject to reasonable classifications such as tenants or nontenants and signatory carriers and

non-signatory carriers. Classification or status as tenants or signatory shall not be

unreasonably withheld by any airport provided an air carrier assumes obligations

substantially similar to those already imposed on air carriers in such classifications or status.

f. It will not exercise or grant any right or privilege which operates to prevent any person,

firm, or corporation operating aircraft on the airport from performing any services on its

own aircraft with its own employees (including, but not limited to maintenance, repair, and

fueling) that it may choose to perform.

g. In the event the sponsor itself exercises any of the rights and privileges referred to in this

assurance, the services involved will be provided on the same conditions as would apply to

the furnishings of such services by contractors or concessionaires of the sponsor under these

provisions.

h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be

met by all users of the airports as may be necessary for the safe and efficient operation of

the airport.

8
l, The sponsor may prohibit or limit any given type, kind, or class of aeronautical usc of the

airport if such action is necessary for the safe operation of the airport or necessary to serve

the civil aviation needs of the public.

23. Exclusive Rights. It will permit no exclusive right for the usc of the airport by any persons

providing, or intending to provide, aeronautical services to the public. For purposes of this

paragraph, the providing of services at an airport by a single fixed-based operator shall not be

construed as an exclusive right if both of the following apply:

a. It would be unreasonably costly, burdensome, or impractical for more than one fixedbased operator to provide such services, and

b. If allowing more than one fixed-based operator to provide such services would require

the reductions of space leased pursuant to an existing agreement between such singlebased operator and such airport.

It further agrees that it will not, either directly or indirectly, grant or permit any person, firm

or corporation the exclusive right at the airport, or at any other airport now owned or controlled

by it, to conduct any aeronautical activities, including, but not limited to charter flights, pilot

training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and

surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products

whether or not conducted in conjunction with other aeronautical activity, repair and

maintenance of aircraft, sale of aircraft parts, and any other activities which because of their

direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and

that it will terminate any exclusive right to conduct an aeronautical activity now existing at

such an airport before the grant of any assistance under the Airport.and Airway Improvement

Act of 1982.

24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurance

22 and 23, for the facilities and services being provided the airport users which will make the

airport as self-sustaining as possible under the circumstances existing at the particular airport,

taking into account such factors as the volume of traffic and economy of collection. No part of

the Federal share of an airport development, airport planning or noise compatibility project for

which a grant is made under the Airport and Airway Improvement Act of 1982, the Federal

Airport Act or the Airway Development Act of 1970 shall be included in the rate base in

establishing fees, rates, and charges for users of that airport.

25. Airport Revenue. If the airport is under the control of a public agency, all revenues generated

by the airport and any local taxes on aviation fuel established after December 30, 1987, will be

expended by it for the capital or operating costs of the airport; the local airport system; or other

local facilities which are owned or operated by the owner or operated by the owner or operator

of the airport and directly and substantially related to the actual air transportation of passenger

or property; or for noise mitigation purposes on or off the airport. Provided, however, that if

covenants or assurances in debt obligations issued before September 3, 1982, by the owner or

operator of the airport, or provisions enacted before September 3, 1982, in governing statute

controlling the owner or operator's financing, provide for the use of the revenues from any of

the airport owner or operator's facilities, including the airport, to support not only the airport

but also the airport owner or operator's general debt obligations or other facilities, then this

limitation on the use of all revenues generated by the airport (and, in the case of the public

airport, local taxes on aviation fuel) shall not apply.

26. Reports and Inspections. It will submit to the Secretary such annual or special financial and

operations reports as the Secretary may reasonably request. For airport development projects, it

9
will also make the airport and all airport records and documents affecting the airport, including

deeds, leases, operation and use agreements, regulations and other instruments, available for

inspection by any duly authorized agent of the Secretary upon reasonable request. For noise

compatibility program projects, it will also make records and documents relating to the project

and continued compliance with terms, conditions, and assurances of the grant agreement

including deeds, leases, agreements, regulations, and other instruments, available for inspection

by any duly authorized agent of the Secretary upon reasonable request.

27. Use of Government Aircraft. It will make available all of the facilities of the airport developed

with Federal financial assistance and all those usable for landing and takeoff of aircraft to the

United States for use by Government aircraft in common with other aircraft at all times without

charge, except, if the use by Government aircraft is substantial, charge may be made for a

reasonable share, proportional to such use, for the cost of operating and maintaining the

facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the

sponsor and the using agency, substantial use of an airport by Government aircraft will be

considered to exist when operations of such aircraft are in excess of those which, in the opinion

of the Secretary, would unduly interfere with use of the landing areas by other authorized

aircraft, or during any calendar month thata. Five (5) or more Government aircraft are regularly based at the airport or on land

adjacent thereto; or

b. The total number of movements (counting each landing as a movement) of Government

aircraft is three hundred (300) or more, or the gross accumulative weight of Government

aircraft using the airport ( the total movements of Government aircraft multiplied by

gross weights of such aircraft) is in excess of five million (5,000,000) pounds.

28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in

connection with any air traffic control or air navigation activities, or weather-reporting and

communication activities related to air traffic control, any areas of land or water, or estate

therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable

for construction, operation, and maintenance at Federal expense of space or facilities for such

purposes. Such areas or any portion thereof will be made available as provided herein within

four months after receipt of a written request from the Secretary.

29. Airport Layout Plan

a. It will keep up to date at all times an airport layout plan of the airport showing (1)

boundaries of airport and all proposed additions thereto, together with the boundaries of all

offsite areas owned or controlled by the sponsor for airport purposes and proposed additions

thereto; (2) the location and nature of all existing and proposed facilities and structures (such

as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed

extensions and reductions of existing airport facilities; and (3) the location of all existing an

proposed nonaviation areas and of all existing improvements thereon. Such airport layout

plan and each amendment, revision, or modification thereof, shall be subject to the approval

of the Secretary which approval shall be evidenced by the signature of a duly authorized

representative of the Secretary on the face of the airport layout plan. The sponsor will not

make or permit any changes or alterations in the airport or in any of its facilities which are

not in conformity with the airport layout plan as approved by the Secretary and which

might, in the opinion of the Secretary, adversely affect the safety, utility, or efficiency of

the airport.

b. If a change or alteration in the airport or its facilities is made which the Secretary

determines adversely affects the safety, utility, or efficiency of any federally owned, leased,

10
or funded property on or off the airport and which is not in conformity with the airport

layout plan as approved by the Secretary, the owner or operator will, if requested by the

Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2)

bear all costs of relocating such property (or replacement thereof) to a site acceptable to the

Secretary and all costs of restoring such property (or replacement thereof) to the level of

safely, utility, efficiency, and cost of operation existing before the unapproved change in the

airport or its facilities.

30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on

the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from

participating in any activity conducted with or benefiting from funds received from this grant.

This assurance obligates the sponsor for the period during which Federal financial assistance is

extended to the program, except where Federal financial assistance is to provide, or is in the

form of personal property or real property or interest therein or structures or improvements

thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the

following periods: (a) the period during which the property is used for a purpose for which

Federal financial assistance is extended, or for another purpose involving the provision of

similar services or benefits or (b) the period during which the sponsor retains ownership or

possession of the property.

31. Disposal of Land.

a. For land purchased under a grant for airport noise compatibility purposes, it will, when the

land is no longer needed for such purposes, dispose of such land at fair market value at the

earliest practicable time. That portion of the proceeds of such disposition which is

proportionate to the United States share of acquisition of such land will, at the discretion of

the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested

in an approved noise compatibility project as prescribed by the Secretary.

b. (1) For land purchased under a grant for airport development (other than noise compatibility

purposes, it will, when the land is no longer needed for airport purposes, dispose of such

land at fair market value or make available to the Secretary an amount equal to the United

States proportionate share of the fair market value of the land. That portion of the proceeds

of such disposition, which is proportionate to the United States share of the cost of

acquisition of such land will, (a) upon application to the Secretary, be reinvested in another

eligible airport improvement project or projects approved by the Secretary at that airport or

within the national airport system, or (b) be paid to the Secretary for deposit in the Trust

Fund if no such eligible project exists.

(2) Land shall be considered to be needed for airport purposes under this assurance if (a)

it may be needed for aeronautical purposes (including runway protection zone) or serves as

noise buffer land, and (b) the revenue from interim uses of such land contributes to the

financial self-sufficiency of the airport. Further, land purchased with a grant received by

an airport operator or owner before December 31, 1987, will be considered to be needed for

airport purposes if the Secretary or the Federal agency making such grant before December

31, 1987, was notified by the operator or owner of the use of such land, did not object to

such use, and the land continues to be used for that purpose, such use having commenced not

later than December 15, 1989.

c. Disposition of such land under (a) or (b) will be subject to the retention or reservation on

any interest or right therein necessary to ensure that such land will only be used for purposes

which are compatible with noise levels associated with the operation of the airport.

11
32. Engineering and Design Services. It will award each contract, or sub-contract for program

management, construction management, planning studies, feasibility studies, architectural

services, preliminary engineering, design, engineering, surveying, mapping, or related services

with respect to the project in the manner as a contract for architectural and engineering services

is negotiated under title IX of the Federal Property and Administrative Services Act of 1949 or

an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.

33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to

fund any project which uses any product or service of a foreign country during the period in

which such foreign country is listed by the United States Trade Representative as denying fair

and equitable market opportunities for products and suppliers of the United States in

procurement and construction.

34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies,

standards, and specifications approved by the Secretary including but not limited to the advisory

circulars listed in the Current FAA Advisory Circulars for AlP Projects, dated July 15.1991

and included in this grant, and in accordance with applicable state policies, standards, and

specifications approved by the Secretary.

35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the

greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49

CFR Part 24 and will payor reimburse property owners for necessary expenses as specified in

Subpart B. (2) It will provide a relocation assistance program offering the services described in

Subpart C and fair and reasonable relocation payments and assistance to displaced persons as

required in Subparts D and E of 49 CFR Part 24. (3) It will make available within a reasonable

period of time prior to displacement comparable replacement dwellings to displaced persons in

accordance with Subpart E of 49 CFR Part 24.

36. Drug-Free Workplace. It will provide a drug-free workplace at the site of work specified in the

grant application in accordance with 49 CFR Part 29 by (1) publishing a statement notifying its

employees that the unlawful manufacture, distribution, dispensing, possession or use of a

controlled substance is prohibited in the sponsor's workplace and specifying the actions that will

be taken against its employees for violation of such prohibitions; (2) establishing a drug-free

awareness program to inform its employees about the dangers of drug abuse in the workplace

and any available drug counseling, rehabilitation, and employees assistance programs; (3)

notifying the FAA within ten (10) days after receiving notice of an employee criminal drug

statute conviction for a violation occurring in the workplace; and (4) making a good faith effort

to maintain a drug-free workplace.

12
..

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C. 20590

Page 1 of 3 Pages

Contract No. DTFA08-85-C 20272

Santa Monica Municipal Airport

Santa Monica, California

AMENDMENT NO. 1 TO GRANT AGREEMENT FOR PROJECT NO. AlP 3-06-0239-03.

WHEREAS, the Federal Aviation Administration (herein after referred to as

the "FAA") has determined it to be in the interest of the United States that

the Grant Agreement between the FAA, acting for and on behalf of the United

States and the City of Santa Monica (herein referred to as the "Sponsor"),

accepted by said Sponsor on the 25th day of September, 1985, be amended as

hereinafter prOVided.

NOW THEREFORE, WITNESSETH:

That in consideration of the benefits to accrue to the parties hereto, the

FAA on behalf of the United States, on one part, and the Sponsor, on the

other part, do hereby mutually agree as follows:

See Attachment, Page 3.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said

Grant Agreement to be duly executed as of the 27th day of August

1993.

UNITED STATES OF AMERICA

FEDERAL AVIATION ADMINISTRATION

By

hn P. Milligan, Supervisor,

tandards Section
.. '.

Page 2 of 3 Pages

Project No. AlP 3-06-0239-03

Santa Monica Municipal Airport

Santa Monica, California

City of Santa Monica

(Name of Sponsor)

By:

(seal) Title: City Manager

Title:

Attest:

CERTIFICATE OF SPONSOR'S ATTORNEY

I, Joseph Lawrence , acting as Attorney for The City of Santa Monica

(hereinafter referred to as "Sponsor") do hereby certify:

That I have examined the foregoing Amendment to Grant Agreement and the

proceedings taken by said Sponsor relating thereto, and find that the

execution thereof by said Sponsor has been duly authorized and is in all

respects due and proper and in accordance with the laws of the State of

California and further that, in my opinion, said Amendment to Grant

Agreement constitutes a legal and binding obligation of the Sponsor in

accordance with the terms thereof.

Dated at Santa Honica , this 27th day of August , 1993.

By:

Title: Acting City Attorney
Page 3 of 3 Pages

Contract No. DTFA08-85-C-20272

Santa Monica Municipal Airport

Santa Monica, California

$ -oS -0-

$ 3,300,000.00

for planning

for land acquisition

for airport development or noise program

implementation (other than land acquisiti~n)

Attachment to Amendment No.1 to Grant Agreement for

Project No. AlP 3-06-0239-03.

That the maximum obligation of the United States as set forth in Paragraph 1

of the Terms and Conditions on Page 2 of said Grant Agreement is hereby

increased by $300,000.00 from $3,000,000.00 to $3,300,000.00. Therefore, on

Page 2, under Conditions, delete Item I and substitute in lieu thereof the

following:

I.The maximum obligation of the United States payable under this

offer shall be $3,300,000.00, which is comprised of:

-End-
Oi122102 MON Oi: 15 FAX 310 i25 684i FAA AIRPORTS DIVISION

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lighting (MIRL) on Runway 3/21 /lnd install medium intensity ta:Kiway lighting

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and gates (approx. 8 ea.)j install apron sec'!1ritylighting; -e.nd Qdn~li:t"u£:t~ .

drainage syst:em (appro~. BOOO LF) including retention basin and erosion control.

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Administration

(CC5)4554

Grant Agreement

Part 1 • Offer Approved: OMS No. 2120-0065

Date of Offer SEP 2 3 1985

Santa Monica Munie Airport/Planning Area

Project Number: AIP 3-06-0239-03

Contract Number: DTFA08-85-20272

To: City of Santa Monica, California

(herein called the "Sponsor")

From: The United States of America (acting through the Federal AviationAdministration,herein called the "FAA")

Whereas, the sponsor has submitted tothe FAAa Project Applicationdated June 7, 1985 •for a grant of Federal funds for

a project at or associated withthe Santa Monica Munic ipal Airport/PlanningArea which Project

Application, as approved by the FAA,is hereby incorporated herein and made a part hereof; and

Whereas, the FAAhas approved a project for the Airportor Planning Area (herein called the "Project") consisting of the

following:

Reconstruct and overlay aircraft parking aprons including markings

and tiedQwns (approx. 250,000 SF); joint seal Runway 3/21 (approx.

100,000 LF); relocate and construct new electrical vault; construct

retaining walls (approx. 2800 LF); install medium intens1ty runway

lighting (MIRL) on Runway 3/21 and install medium intensity taxiway

lighting (MITL) on Taxiways "A" and "B"; install perimeter fencing

(approx. 14,500 LF) and gates (approx. 8 each); install apron

security lighting; and construct airfield drainage system (approx.

8000 LF) including retention basin and erosion control.

all as more particularly described in the Project Application.

FAA Form 5100-37 (12-84) Page 1 of 4 pages
Now therefore, pursuant to and fr- the purpose of carrying out the provisions Of tile Airport and Airway Improvement Act of

" "1982, herein called the "Act," and the Aviation Safety and Noise Abatement .t of 1979, 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 compliance with the assurances and conditions as herein provided. The Federal Aviation

Administration, 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,· 90.00 percentum of said allowable costs.

This Offer is made on and subject to the following terms and conditions:

Conditions

1. The maximum obligation of the United States payable under this offer shall be $ 3, 000, 000 • 00 . For

the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States

under the provisions of Section 512(b) of the Act. the following amounts are being specified for this purpose:

$ - a - for planning

$ - a - for land acquisition

$ 3, 000, 000. 00 for airport development or noise program implementation (other than land acquisition),

2, The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to

allowability under the Act.

3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the

provisions of such regulations and procedures as the Secretary shalt prescribe. Unless otherwise stated in this grant

agreement, any program income earned by the sponsor during the grant period shalt be deducted from the total allowable

project costs prior to making the final determination of the United States share. Final determination of the United States

share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any

upward or downward adjustments to the Federal share of costs.

4. The sponsor shall carry out and complete the Project without undue delay and in accordance with the terms hereof, and

such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were

made part of the project application.

5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor.

6. 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 September 30, 1985, or such SUbsequent date as may be

prescribed in writing by the FAA.

7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spentfraudulently, wastefully, or

in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have

been expended. For the purposes of this grant agreement. the term "Federal funds" means funds however used or

disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the

approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the

recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to

the Secretary, upon request. all documents and records pertaining to the determination of the amount of the Federal share

or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final

positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance

by the Secretary.

8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be

incident to. compliance with this grant agreement, and the sponsor shall hold the United States harmless from all claims

arising from, or related to, completion of the project or the sponsor's continUing compliance with the terms, conditions, and

assurances in this grant agreement.

FAA Form 5100-37 (12-84) . Page 2 of 4 pages .
9. The Sponsor agrees to comply with the Office of Management and Budget

Circular A-128, Audits of State and Local Governments.

10. The attached new Part V Assurances dated February 1985, are hereby

substituted in lieu of those in the Sponsor1s Project Application dated

June 7, 1985, and made a part hereof.

11. It is understood and agreed by and between the parties hereto that this

Grant offer is made and accepted upon the basis of preliminary plans and

specHi ca tions; and the parties hereby convenant and agree that within

180 calendar days from the date of acceptance of this Grant Offer the

Sponsor shall furnish final plans and specifications to the FAA and that

no construction work will be commenced hereunder nor will there by any

advertisement for bids for accomplishment of such work until the said final

plans and specifications have been approved by the FAA; and the parties

do hereby further convenant and agree that any reference made in this Grant

Offer or in the aforesaid Project Application to plans and specifications

shall be considered as having reference to said final plans and

specifications as so approved.

12. It is understood and agreed by and between the parties hereto that the

Santa ~1onica Airport Agreement executed January 31, 1984, by the City of

Santa Monica and the Federal Aviation Administration is herein incorporated

by reference.

Page 3 of 4 Pages
The Sponsor's acceptance of this Or and ratification and adoption of the Projer . oplication incorporated herein shall be

evidenced by execution of this instn, .•rent by the Sponsor, as hereinafter provio __, and this Offer and Acceptance shall

comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States

and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as

provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.

United States of America

Federal Aviation Administration

~~~

Name Robert C. Bloom

Title Supervisor, Standards Section

Part II - Acceptance

The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby

accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project

Application.

Executed this "c-1i,. - J?(,~ <="( ..a day of r- r .- -- ..- ,1985.

City of Santa Monica. California

IC::~AI ,

Name 01 Sponsor

By __ .,..l~b_a

Title: -----:.~""'""'4_-'---.:....:;:::..>=::.......;;.L-------

Certificate of Sponsor's Attorney

I, Robert M. Myers , acting as Attorney for the Sponsor do hereby certify:

That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of

Cal if ornia .Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor

relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly

authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and

the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal

impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement

constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.

Dated at Santa Monica, California this 25th day of September ,1985

Signature

~'-.~01 Sponsor's AIlomey -v----------

FAA Form 5100-37 (12-84) Page 4 of 4 pages
Part V - Assurances

Airport and Planning Agency Sponsors Approved: OMS No. 2120-0065

A. General.

1. These assurances shall be complied with in the performance of the following grant agreements:

a. Airport development, airport planning, and noise program implementation grants to airport sponsors.

b. Integrated airport system planning grants to planning agencies.

2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions

of the Airport and Airway Improvement Act of 1982 or the Aviation Safety and Noise Abatement Act of 1979. As used herein, the term

·public agency sponsor" means a public agency with control of a public-use airport, the term "private sponsor" means a private owner

of a public-use airport, and the term "sponsor" includes public agency sponsors and private sponsors.

3. These assurances also are required to be submitted as part of the project application by a sponsor which is both a public agency and

a planning agency requesting funds for integrated airport system planning under the provisions of the Airport and Airway

Improvement Act of 1982.

4. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement.

B. Duration and Applicability.

1. Airport Development or Noise Program Implementation Projects Undertaken by a Public Agency Sponsor. The terms,

conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities

developed or equipment acquired for an airport development or noise program implementation project, or throughout the useful life

of the project items installed within a facility under a noise program implementation project, but in any event not to exceed twenty (20)

years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of

the assurance against exclusive rights or the terms, conditions, and assurances with respect to real property acquired with Federal

funds. Furthermore, the duration of the Civil Rights assurance shall be as specified in the assurance.

2. Airport Development or Noise Program Implementation Projects Undertaken by a Private Sponsor. The preceding paragraph

1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of facilities

developed or equipment acquired under an airport development or noise program implementation project shall be no less than 10

years from the date of the acceptance of Federal aid for the project.

3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1,2,3,5,6,13,

18, and 30 in Section C apply to planning projects. The terms, conditions and assurances of the grant agreement shall remain in full

force and effect during the life of the project.

C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:

1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines

and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the

following:

Federal Legislation

a. Federal Aviation Act of 1958 • 49 U.S.C. 1301, et seq.

b. Hatch Act - 15 U.S.C. 1501, et sea?

c. Federal Fair Labor Standards Act· 29 U.S.C. 201, et seq.

d. Davis-Bacon Act· 40 U.S.C. 276(a), et seq. '

e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Titles II and III, 42 U.S.C. 4621-4655. 112

f. National Historic Preservation Act of 1966 • Section 106 - 16 U.S.C. 470(f).'

g. Archeological and Historic Preservation Act of 1974 • 16 U.S.C. 461, et seq. '

h. Flood Disaster Protection Act of 1973· Section 102{a) - 42 U.S.C. 4001, note.'

i. Rehabilitation Act of 1973 - 29 U.S.C. 794.

j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d, et seq.

k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. 2101, et seq.

I. Age Discrimination Act of 1975 • 42 U.S.C. 6101, et seq.

m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et. seq.'

n. Airport and Airway Improvement Act of 1982 - 49 U.S.C. 2201, et seq.

o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 42 U.S.C. 8373.'

p. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.'

q. Copeland Antikickback Act - 18 U.S.C. 874.'

r. National Environmental Policy Act of 1969 • 42 U.S.C. 4321,et seq. '

s. Endangered Species Act • 16 U.S.C. 668(a), et seq.'

, These laws do not apply to planning projects.

2 These laws do not apply to private sponsors.

FAA Form 5100-100 (2-8S) Page 1 of 6
Executive Orders

Executive Order 12372, Intergovernmental Review of Federal Programs.

Federal Regulations

a. 49 CFR Part 21 • Nondiscrimination in Federally-Assisted Programs of the Department of Transportation- Effectuation of Title VI

of the Civil Rights Act of 1964.

b. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs.

c. 49 CFR Part 25 • Relocation Assistance and Land Acquisition for Federal and Federally-Assisted Programs.

d. 29 CFR Part 1 - Procedures for Predetermination of Wage Rates.

e. 29 CFR Part 3 - Contractors or Subcontractors on Public BUildings or Public Works Financed in Whole or Part by Loans or Grants

from U.S.

f. 29 CFR Part 5· Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction.

g. 49 CFR Part 27 • Non-Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal

Financial Assistance.

h. 41 CFR Part 60 • Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor

(Federal and Federally-Assisted Contracting Requirements).

i. 14 CFR Part 150 • Airport Noise Compatibility Planning.

j. Reserved.

Office of Management and Budget Circulars

a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments:

b. A·102 - Uniform Requirements for Assistance to State and Local Governments.·

• OMB Circulars A-87 and A·102 contain requirements for state and local governments receiving Federal assistance. Any

requirement levied upon state and local governments by those two circulars shall also be applicable to private sponsors

receiving Federal assistance under the Airport and Airway Improvement Act of 1982.

Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated

by reference in the grant agreement.

2. Responsibility and Authority of the Sponsor.

a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a

resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body

authorizing the filing of the application, including all understandings and assurances contained therein, and directing and

authorizing the person identified as the official representative of the applicant to act in connection with the application and to

provide such additional information as may be required.

b. Private Sponsor: It has leqatauthontyto apply for the grant and to finance and carry out the proposed project and comply with all

terms, conditions, and assurances of this grant agreement. It shall designate an official representative, and shall in writing direct

and authorize that person to file this application, including all understandings and assurances contained therein; to act in

connection with the application; and to provide such additional information as may be required.

3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the

United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement

which it will own or control.

4. Good Title. It holds good title, satisfactory to the Secretary. to the landing area of the airport or site thereof. or will give assurance

satisfactory to the Secretary that good title will be acquired.

For noise program implementation projects to be carried out on the property of the sponsor, it holds good title satisfactory to the

Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good

title will be obtained.

5. Preserving Rights and Powers.

a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all

of the terms, conditions. and assurances in the grant agreement without the written approval of the Secretary, and will act

promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such

performance ?y the sponsor. This shall be done in a manner acceptable to the Secretary. 0

b. It will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on

Exhibit A to this application or, for a noise program implementation project. that portion of the property upon which Federal funds

have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the

Secretary. If the transferee is found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to

assume the obligations of the grant agreement and 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 sponosr's interest, and make

binding upon the transferee, all of the terms, conditions, and assurances contained in this grant agreement.

Paoe 2 of 6
., \

c. For all noise program implementation ••.ojects which are to be carried out by another urn, _. local government or are on property

owned by a unit of local government other than the sponsor. it will enter into an agreement with that government. Except as

otherwise specified by the Secretary, that agreement shall obligate that govemment to the same terms, conditions, and

assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise program implementation

project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement

against the local govemment if there is substantial non-compliance with the terms of the agreement.

d. For noise program implementation projects to be carried out on privately owned property, it will enter into an agreement with the

owner ofthat property which includes provisions specified by the Secretary. Itwill take steps to enforce this agreement against the

property owner whenever there is substantial non-compliance with the terms of the agreement.

e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function

as a public-use airport in accordance with these assurances for the duration of these assurances.

1. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an

employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and

maintained in accordance with the Airport and Airway Improvement Act of 1982, the requlatlons and the terms, conditions and

assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith.

6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this

application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area

surrounding the airport. For noise program implementation projects, other than land acquisition, to be carried out on property not

owned by the airport and over which property another public agency has land use control or authority, the sponsor shall obtain from

each such agency a written declaration that such agency supports the project and the project is reasonably consistent with the

agency's plans regarding the property.

7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near which the project may be

located.

8. Consultation with Users. In making a decision to undertake any airport development project under the Airport and Airway

Improvement Act of 1982, it has undertaken reasonable consultations with affected parties using the airport at which the project is

proposed.

9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the

opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway

location and its consistency with the goals and objectives of such planning as has been carried out by the community. It shall, when

requested by the Secretary. submit a copy of the transcript of such hearings to the Secretary.

10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide

for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located,

designed, constructed. and operated so as to comply with applicable air and water quality standards. In any case where such

standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to

certify shall be provided within sixty days after the project application has been received by the Secretary.

11. Local Approval. In projects involving the construction or extension of any runway at any general aviation airport located astride a

line separating two counties within a single state, it has received approval for the project from the governing body of all villages

incorporated under the laws of that state which are located entirely within five miles of the nearest boundary of the airport.

12. Terminal Development Prerequisites. For projects which include terminal development at a public airport, it has. on the date of

submittal of the project grant application, all the safety equipment required for certification of such airport under section 612 of the

Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and has provided for access to the

passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier

aircraft.

13. Accounting System, Audit, and Recordkeeping Requirements.

a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the

grant, tha total cost of the project in connection with which the grant is given or used, and the amount and nature of that portion of

the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and

records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the U.S ..

General Accounting Office publication entitled Guidelines for Financial and Compliance Audits of Federally Assisted Programs.

b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized

representatives. for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are

pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an

independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the

FAA Form 5100-100 (2·85) Page3016
project in connection with which the 9 . was given or used, it shall file a certified copy 0\ h audit with the Comptroller General .~

of the United States not later than 6 months following the close of the fiscal year for which the audit was made.

14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant

agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in

accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a - 276a-5). which contractors shall pay to skilled and unskilled

labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.

15. Veterans Preference. It shall include, in all contracts for work on any projects funded under the grant agreement which involve

labor. such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and

supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section

515(c)( 1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals

are available and qualified to perform the work to which the employment relates.

16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by

the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site

preparation. construction, or other performance under this grant agreement, and, upon approval by the Secretary, shall be

incorporated into this grant agreement. Any modifications to the approved plans, specifications, and schedules shall also be SUbject

to approval by the Secretary and incorporation into the grant agreement.

17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site

throughout the project to assure that the work conforms with the plans, specifications. and schedules approved by the Secretary for

the project. It shall subject the construction work on any project contained in an approved project application to inspection and

approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such

regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the

Secretary shall deem necessary.

18. Planning Projects. In carrying out planning projects:

a. It will execute the project in accordance with the approved program narrative contained in the project application or with

modifications similarly approved.

b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.

c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared

under a grant provided by the United States.

d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this

project shall be subject to copyright in the United States or any other country.

e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in

connection with this grant.

1. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do

all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services.

g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.

h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material

developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve

any pending or future application for a Federal airport grant.

19. Operation and Maintenance.

a. It will suitably operate and maintain the airport and all facilities thereon or connected therewith. with due regard to climatic and

flood conditions. The airport and all facilities which are necessary to serve the aeronautical users of the airport. other than fabilities

owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with

the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and

operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes.

In furtheranc~ of this assurance, the sponsor will have in effect at all times arrangements for-

(1) Operating the airport's aeronautical facilities whenever required; _

(2) Promptly marking and lighting hazards resulting from airport conditions. including temporary conditions; and

(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.

Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods

when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be

construed as requiring the maintenance, repair. restoration, or replacement of any structure or facility which is substantially

damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor.

FAA Form 51OG-1oo (2-85) Page 4 of 6
· b. It wiil suitably operate and maintain noise program implementation items that it owns or controls upon which Federal funds have

been expended.

20. Hazard Removal and Mitigation. It will adequately clear and protect the aerial approaches to the airport by removing, lowering,

relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of

future airport hazards.

21. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to restrict the

use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations,

including landing and takeoff of aircraft. In addition, if the project is for noise program implementation, it will not cause or permit any

change in land use, within its jurisdiction, that will reduce the compatibility, with respect to the airport. of the noise compatibility

program measures upon which Federal funds have been expended.

22. Economic Nondiscrimination.

a. It will make its airport available as an airport for public use on fair and reasonable terms and without unjust discrimination to all

types, kinds, and classes of aeronautical uses.

b. In any agreement, contract, lease or other arrangement under which a right or privilege at the airport is granted to any person, firm,

or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will

insert and enforce provisions requiring the contractor -

(1) to furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof, and

(2) to charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided, that the contractor may be

allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume

purchasers.

c. Each fixed-based operator at any airport owned by the sponsor shall be subject to the same rates, fees, rentals. and other charges

as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the

same or similar facilities.

d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or

permitted by the airport to serve any air carrier at such airport.

e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to

such nondiscriminatory and substantially comparable rules. regulations. conditions, rates, fees, rentals, and other charges as are

applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable

classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights. Classification or

status as tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar

to those already imposed on tenant air carriers.

1. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the

airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair,

and fueling) that it may choose to perform.

g. In the event that the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will

be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the

sponsor under these provisions.

h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may

be necessary for the safe and efficient operation of the airport.

i. The sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport if such action is necessary for the

safe operation of the airport or necessary to serve the civil aviation needs of the public.

23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any persons providing. or intending to provide,

aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fixed-based

operator shall not be construed as an exclusive right if both of the following apply: (1) It would bEt unreasonably costly,

burdensome, or impractical for more than one fixed-based operator to provide such services, and (2) If clJlowing more than one

fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement

between such single fixed-based operator and such airport. -

It further agrees that it will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the

airport, or at any other airport now owned or controlled by it, to conduct any aeronautical activities, including, but not limited to charter

flights, pilot training. aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier

operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other

aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct

relationship to the operation of aircraft can be regarded as an aeronautical activity. and that it will terminate any exclusive right to

1=.4a. 1:'"","" 1;1nn.1nn f").,QoC;\
conduct an aeronautical activity now .,.<isting at such an airport before the grant of an} _,)sistance under the Airport and Airway

Improvement Act of 1982.

24. Fee and Rental $tructure. It will maintain a fee and rental structure consistent with Assurance 22 and 23, for the facilities and

services being provided the airport users which will rncke the airport as self-sustaining as possible under the circumstances existing

at that particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal

share of an airport development. airport planning or noise program implementation project for which a grant is made under the Airport

and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in

the rate base in establishing fees, rates, -and charges for users of that airport.

25. Airport Revenue. If the airport is under the control of a public agency, all revenues generated by the airport will be expended by it for

the capital or operating costs of the airport, the local airport system, or other local facilities which are owned or operated by the owner

or operator of the airport and directly related to the actual transportation of passengers or property. Provided, however, that if

covenants or assurances in debt obligations previously issued by the owner or operator of the airport, or provisions in goveming

statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's

facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other

facilities, then this limitation on the use of all revenues generated by the airport shall not apply.

26. Reports and Inspections. It will submit to the Secretary such annual or special financial and operations reports as the Secretary

may reasonably request. For airport development projects, it will also make the airport and all airport records and documents

affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for

inspection by any duly authorized agent of the Secretary upon reasonable request. For noise program implementation projects, it will

also make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the

grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly

authorized agent of the Secretary upon reasonable request.

27. Use of Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and

all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at

all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share,

proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,

or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by government aircraft will be considered to

C~:~: ·•.;hc~ c;::=:,:::::0:15 of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of

the landing areas by other authorized aircraft, or during any calendar month that -

a. Five (5) or more govemment aircraft are regularly based at the airport or on land adjacent thereto; or

b. The total number of movements (counting each landing as a movement) of government aircraft is 300 or more, or the gross

accumulative weight of government aircraft using the airport (the total movements of government aircraft multiplied by gross

weights of such aircraft) is in excess of five million pounds.

28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or

air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or

estate therein, or right in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and

maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as

provided herein within four months after receipt of a written request from the Secretary.

29. Airport Layout Plan. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and

all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport

purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures

(such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of

existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon.

Such airport layout plan and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary

which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport

layout plan. The sponsor will not make or permit any changes or alterations in the airport or in any of its facilities other than in

conformity with the airport layout plan as so approved by the Secretary if such changes or alterations might adversely affect the

safety, utility, or efficiency of the airport.

30. Civil Rights. Ifwill comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color,

national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received

from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the

program, except where the Federal financial assistance is to provide. or is in the form of personal property or real property or interest

therein or structures or improvements thereon, in w!'lich case the assurance obligates the sponsor or any transferee for the longer of

the following periods: (1) the period during which the property is used for a purpose for which Federal financial assistance is

extended, or for another purpose involving the provision of similar services or benefits or (2) the period during which the sponsor

retains ownership or possession of the property.

FAA Form 5100-100 (2-115) Page 6 of 6
UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C. 20590

Page 1 of 3 Pages

Contract No. DTFA08-85-C-20266

Santa Monica Municipal Airport

Santa Monica, California

AMENDMENT NO. 1 TO GRANT AGREEMENT FOR PROJECT NO. 3-06-0239-02

WHEREAS, the Federal Aviation Administration (hereinafter referred to as the

"FAA") has determined it to be in the interest of the United States that the

Grant Agreement between the FAA, acting for and on behalf of the United

States, and the City of Santa Monica (hereinafter referred to as the

"Sponsor"), accepted by said Sponsor on the 9th day of September, 1985, be

amended as hereinafter provided.

NOW THEREFORE, WITNESSETH:

That in consideration of the benefits to accrue to the parties hereto, the FAA

on behalf of the United States, on the one part, and the Sponsor, on the other

part, do hereby mutually agree that said Grant Agreement be and is hereby

amended as ,follows:

See Attachment, Page 3.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said

Grant Agreement to be duly executed as of the 15th day of

September , 1992.

UNITED STATES OF AMERICA

FEDERAL AVIATION ADMINISTRATION

WESTERN REGION

By:_~~~P)lt#-

Joe} P. Milligall; Supervisor

Standards Section
Page 2 of 3 Pages

Project No. 3-06-0239-02

Santa Monica Municipal Airport

Santa Monica, California

City of Santa Monica

(7bM1 bp~)

Title: City Manager

Attest:

Ti t le :----l.-oCLJ""1----'-.....:::""""~---===-----------'-

CERTIFICATE OF SPONSOR'S ATTORNEY

'~1 r'-., _ •., _ . L ,_ ... ' •• I, -...C> ~:~'t;\-,r\-'-'--' \\',-,-,''o <-C2__

Santa Monica (hereinafter referred

, acting as Attorney for The City of

to as the "Sponsor") do hereby certify:

That I have examined the foregoing Amendment to the Grant Agreement and the

proceedings taken by the Sponsor relating thereto, and finding the execution

thereof by said Sponsor has been duly authorized and is in all respects due

and proper and in accordance with the laws of the State of California, and

further that, in my opinion, said Amendment to Grant Agreement constitutes a

legal and binding obligation of the Sponsor in accordance with the terms

thereof.

Dated at ~r",--~ ~~\[V\..L<:""~ , this {~ day of ~4v~'-~, 1992.

, ,(!~ .e.»:
Page 3 of 3 pages

Contract No. DTFA08-85-C-20266

Santa Monica Municipal Airport

Santa Monica, California

Attachment to Amendment No. 1 to Grant Agreement for Project

No. AlP 3-06-0239-02.

That the maximum obligation of the United States as set forth in Paragraph 1

of the the Terms and Conditions on Page 2 of said Grant Agreement is hereby

increased by $100,000.00 from $1,000,000.00 to $1,100,000.00. Therefore, on

Page 2, under Conditions, delete Item 1 and substitute in lieu thereof the

following:

1. The maximum obligation of the United States payable under this offer

shall be $1,100,000.00, which is comprised of:

$ -0-

$ -0-

$ 1,100,000.00

for planning

for land acquisition

for airport development or noise

program implementation (other than

acquisition)

land

-End-
07/22/02 MON 07:15 FAX 310 725 6847 FAA AIRPORTS DIVISION

RIS.- AS 51(j().J

141005

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fence (epprox. 1300 L.F.).

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Contract No. DTFA08-85~C·20266

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A .. CONCITIONS B. SAT1Sf"ACTION

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NO. 2. CE$CR'PTION

'iLl al'l!'WINGS RI:"CEIVED

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5CHEOUl.l!: 50 CEVEl.OPMENT

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Phase 6, 7, t!:>

]
AIRPORT: Santa Monica Municipal

LOCATION: Santa Monica, California

SI'rE NO: 2253

PROJECT NlJl-mER

9-04-044 -5904

CIA 4/29159

Comp. 5/13/60

9-04-044-D205

G/A 6/28/62

Camp. 6/17/63

9-04-044-0006

CIA· 7/24168

GA Am 1 6/24/69

Camp •

'0.

"t

DESCRIPTION OF WORK

Construct additionsl apron (approximately

28' x 387') including drainage and retaining wall BpproKUnately 387' long and 12'

high.

SPECIAL CONDITIONS: Provision to furnish

space for ATGT per attached 9chedule (3676 sq ft)

Construct apron extension (approximately 22,000

sq yds) including retaining wall, hazard lights

and relocation of utilities.

Remove abandoned control tower; modernize field

lighting vault; relocate field lighting controls

and circuits to new tower including new control

panel. ~"l 1# ~lt"tllIle.tr

.-4ff .2/t4r1

SP EGlAL CONDI'II ONS:

12. No aress but no change in previous obligations.

13. Participation does not constitute approval

of Section 10l05(a), Santa Monica Municipal

Code (relatiog to operation of jet aircraft

---does not waive Govt'a right to require

compliance of atl Sp. assurances.

l'ROJECr OOSTS

page .7..',

o

-I

SPONSOR FEDERAL TOTAL

$t1,828 $13,~2 $25,780

$62,068

$10,795

$72,804

$12,4a6

.~

$134,872

$23,281

$231.907' $ 434,057
't~;'

, us oeoonrnent

or jronsoononon

Federol Aviation

Administration

(CCS)4554

Grant Agreement

Part 1 - Offer Approved: OMS No. 2120-0065

Date of Offer SEP 5 1985

Santa Monica Municipal Airport/Planning Area

Project Number: AlP 3-06-0239-02

Contract Number: DTFA08-85-C-20266

To:City of Santa Monica, California

(herein called the "Sponsor')

From: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA")

Whereas, the sponsor has submitted tothe FAA a Project Application dated JUL 7 1985 ,for a grant of Federal funds for

a project at or associated with the Santa Monica Municipal Airport/Planning Area 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 the Airport or Planning Area (herein called the "Project") consisting of the

following:

Apron, taxiway and service road reconstruction including marking,

seal coat and drainage improvements (approx. 250, 000 S. F • ); and

construct blast fence (approx. 1300 If.).

all as more particularly described in the Project Application.

FAA Form 5100-37 (12-84) Page 1 of 4 pages
Now therefore, pursuant to and for the purpose of carrying out the provisions 01 the Airport and Airway Improvement Act of

1982, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, 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 compliance with the assurances and conditions as herein provided, The Federal Aviation

Administration, 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, 90. 00 percentum of said allowable costs.

Trus Offer is made on and subject to the following terms and conditions:

Conditions

1. The maximum obligation of the United States payable under this offer shall be $ 1, 000 , 000. 00 . For

the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States

under the provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose:

$ - a - for planning

$ - a - for land acquisition

$ 1, 000, 000. 00 for airport development or noise program implementation (other than land acquisition).

2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to

allowability under the Act.

3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the

provisions of such regulations and procedures as the Secretary shall prescribe. Unless otherwise stated in this grant

agreement, any program income earned by the sponsor during the grant period shall be deducted from the total allowable

project costs prior to making the final determination of the United States share. Final determination of the United States

share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any

uoward or downward adjustments to the Federal share of costs.

4. The sponsor shall carry out and complete the Project without undue delay and in accordance with the terms hereof, and

such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were

made part of the project application.

5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor.

6. 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 September 30, 1985 or such subsequent date as may be

prescribed in writing by the FAA.

7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spentfraudulently, wastefully, or

in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have

been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or

disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the

approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the

recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to

the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share

or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final

positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance

by the Secretary.

8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be

incident to, compliance with this grant agreement, and the sponsor shall hold the United States harmless from all claims

arising from, or related to, completion of the project or the sponsor's continuing compliance with the terms, conditions, and

assurances in this grant agreement.

FAA Form 5100-37 (12-64) Page 2 of 4 pages '
9. The Sponsor agrees to comply with the Office of Management and Budget

Circular A-128, Audits of State and Local Governments.

10. The attached new Part V Assurances dated February 1985, are hereby

substituted in lieu of those in the Sponsor's Project Application dated

June 7, 1985, and made a part hereof.

11. It is understood and agreed by and between the parties hereto that this

Grant offer is made and accepted upon the basis of preliminary plans and

specifications; and the parties hereby convenant and agree that within

180 calendar days from the date of acceptance of this Grant Offer the

Sponsor shall furnish final plans and specifications to the FAA and that

no construction work will be commenced hereunder nor will there by any

advertisement for bids for accomplishment of such work until the said final

plans and specifications have been approved by the FAA; and the parties

do hereby further convenant and agree that any reference made in this Grant

Offer or in the aforesaid Project Application to plans and specifications

shall be considered as having reference to said final plans and

specifications as so approved.

12. It is understood and agreed by and between the parties hereto that the

Santa r'lonica Airport Agreement executed January 31, 1984, by the Ci ty of

Santa Monica and the Federal Aviation Administration is herein incorporated

by reference.

Page 3 of 4 Pages
- - ~.~----~----_ •. _--. --.,-_ •• -+ __ .• __ ._~. ._~. '_0" __ • __ ._,~._._. _ •• __ ._._,._ •. __ ••••• ~ ••• __ ,._~. __ ••••• '" ,_.~,,~_._. __ ._ •• ~ __

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 hereinafter provided, and this Offer and Acceptance shall

comprise a Grant Agreement, as provided by the Act. constituting the contractual obligations and rights of the United States

and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as

provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.

Trtle

Supervisor, Standards Section

Part II - Acceptance

The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby

accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project

Application.

Executed this , 1985.

City of S0D~~cMonica, California

Name of Sponsor

By

Sponsor

.J~J::LL 5 Designated OffiCial Representative

Title (Jdy )..{M-tL!VV"

Title: ----.l..cl..4~--\~_t,.L-.L...::---------

Certificate of Sponsor's Attorney

I, Robert M. Myers , acting as Attorney for the Sponsor do hereby certify:

That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of

California .Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor

relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly

authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and

the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal

impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement

constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.

Dated at San ta Monica, Cali fornia this 10th day of Septembe r • 1985

a

FA.A Form 5100-37 (12-8<11 Page 401 4 pages
Part V· Assurances

Airport and Planning Agency Sponsors Accrcvec: OMS '<0 2' 2C-':)c65

A. General.

1. These assurances snan oecorncnec WIth .n :re ;:ler'crrnarca ot :t':e 'ollowlng ;rant aqreernents:

a. A,rxrtjeveiocment. airoort :llannlng. and ocise oroqrarn ,mplementatlon grants to airocrt sponsors.

b. 'nteqrated airport system ;:llannlng grants :0 oianmng agenc:es.

2. These assurances are recuirec to ce suornutec 1S cart :f ~he crorec: aconcaucn oy sconsors requesting 'uncs uncer ~he orovis.ons

ot tne Airport and AlrNay improvement Ad 01~982 or :rej,v!ancn Sare!'! and NOIse Aoaternent Act of 1979. As usee hereIn. :re ~erm

·p\.;clic agenC'1 sponsor" means a ccouc agenC'1wIth control ofa ououc-use arroort, :he :erm "::;rivate soonscr' means a onvate owner

ot a cucnc-use a.roort, and :l'1e :erm "socnsorvncuces Jut:I!C aqencv socnscrs and cnvate sponscrs.

3. These assurances also are rec:~lred to oe sccrmrteo as cart of :he orciect accucancn ::.y a soonsor wnich is octh a cucuc agency and

a plannmg agency requesting funds 'crntegratec airocrt system ctanrunq uncer ~he prOVISIons of :he Ajr~rt and AjrNay

lrnorcvement Act at 1982.

4. Upcn accectance ot tne grant offer 'Jy :he soonscr these assurances are .ncorporated .n ana become part vt :he ;rar.t agreement.

8. Duration and Applicability.

1. Airport Development or Noise Program Implementation Projects Undertaken by a Public Agency Sponsor. The terms,

COnditions and assurances of the grant agreement shall remain :n fuji force and effect throughout the useful life ot the ~acilities

developed or equipment acquired for an airport development or norse program Implementation prOlect. or throughc~t the useful life

ot the crorect Items installed NltMIn a fac:iity under a noise orcqrarn .rncrernentauon project. but in any event net to exceec ~enty (20)

years 'rem the date ot acceotance of a grant offer ot Fecerai 'uncs ~or:00 oroiect. However. there snail be no ,im,t on ~he=uration of

tl'1eassurance against exciusrve nqnts ,or:he 'erms. ccncincns. and assurances wilM .escect to reai prope~ acaurrec 'NltM Feceral

funds. Furthermore, ~Mejuration at the CiVil ~ignts assurance snail be 3S scecnec :n the assurance.

2. Airport Development or Noise Program Implementation Projects Undertaken by 3 Private Sponsor. 7he orececinq oaraqracn

1 also applies to a onvate sconsor excect tnat ,he useful 'ife ot crciect .terns .osranec 'N1thln a ~ac:iity or 'Me 'Jseiul :ite Of :ac:lihes

cevetcoec or ecurornent accuuec uncer an arrccrt cevercornent or noise program Impiementatlon protect snail ce no iess (han to

years from tne care at the acceorance at Fecerat aid for ,he oroiect,

J. Airport Planning Under+..aken 'oy a Sponsor. Unless otherNlse soecfiec in tne grant agreement, only Assurances 1. 2, 3. 5. S. 13.

13. and 30 in Section C acply to planmng protects. The terms. concinons and assurances of the grant agreement snan remain In tui!

force and effect cunnq the :ite at the project.

C. Sponsor Certification. The sponsor hereoy assures and certifies. 'Nlth respect :0 thIS grant that:

1. General Federal Requirements. !t 'Hlil corncrv 'Nlth aU accucacie Fecerallaws. regulations. executive orcers, ooiic.es. gUlce!ines

and reqUirements as they relate to the aooucauoo, acceptance 3(1d use '01 Federal fundS for ,hiS project :nc:uCtng out net :imltec to tne

fotlowlng:

FO'deral Le<3i~lation

a. F~eral Aviation Act ot 1958 - 49 U.S.C. 1301. et seq

b. Haren Act - 15 US.C. 1501, at sea?

c. Federal Fair Lacer Standards Act . 29 U.S.C. 201, at seq.

d. Davis-Bacon Act - 40 USC. 27S(al, et seq.'

e. Uniform Relocation ASSistance and Real Property Acoursrnon Polic:es Act of 1970· Titles II and ill. 42 U.sC. 4621-1055 .. p,

f. National Historic Preservation Act at 1966 - Section 106 . 16 ~S.C. 470(1).'

g. Archeological and Histone Preser:vation Act of 1974. 16 US.C. 461. fit seq.'

h. Food Disaster Protecnon Act at 1973· Section 102(a) - ~2 US.C 40"01. note'

i. Rehaoilitatlon Act of 1973 . 29 U.s C 794

j. CiVil Rignts Act of 1964 - Title '11·42 U.s.C. 20COd. et seq

k. Aviation Satety and NOise Abatement Actct 1979, 49 U SC. 2~01, at seq.

I. Age Drscnrmnaticn Act of 1975 - 42 U.S.C, 6101. et seq.

m. ArcMeetunal 8arners Act of 1968·42 U.S.C. 4151, er. seq. ~

n. A,irpcrt and AlrNay improvement Act ot 1982·49 US.C. 2201, et seq.

O. Pcwerptarrt and lndustnat Fuel Use Act ot 1979 - Section ~C3 - 42 US.C 3373.'

p. Contract Work Hours and Safety Standards Act - 40 U SC 327. er seq. I

q. Copeland AnbKlckbacl< Act - 18 U.S.C. 874.'

r. National Enwonmental POliC'/A.ct at 1969·42 U.sC. 4321, et seq.'

s. Encangered Species Act· 16 U.S.C. 668(a), ec 'Seq. 1

• These ~ws 10 !'let apely to p:llanrunqoro-ects.

2 These 'a~ oo net ap()fy :0 ;Jr1Vat8 SOOf'lSOl"S_

FAA Fonn 5100-100 .2~, Page 1 015
Executive Orders

Executive Order 12372. Intergovernmental Review of Federal Programs.

Federal Regulations

a. 49 CFR Part 21 . Nondiscrimination in Federally·Asslsted Programs of the Department of Transportation- Effectuation of Title VI

of the Civil Rights Act of 1964.

b. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs.

c. 49 CFR Part 25 - Relocation Assistance and Land Acquisition for Federal and Federally-Assisted Programs.

d. 29 CFR Part 1 - Procedures for Predetermination of Wage Rates.

e. 29 CFR Part 3 - Contractors or Subcontractors on Public Builcinqs or Public WOrkS Financed in Whole or Part by Loans or Grants

from U.S.

f. 29 CFR Part 5 • Labor Standards Provisions Applicable to Contracts Covenng Federally Financed and Assisted Construction.

g. 49 CFR Part 27 - Non-Discrimination on the Basis of Handicap 10 Programs and Activities Receiving or Benefiting from Fecerai

Financial Assistance.

h. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor

(Federal and Federally-Assisted Contracting Requirements).

i. 14 CFR Part 150 - Airport NOise Cornpatibutty Ptanmnq.

j. Reserved.

Office of Management and Budget Circulars

a. A·87· Cost Principles Applicable to Grants and Contracts with State and Lecal Governments.·

b. A-102 - Uniform ReqUIrements for Assistance to State and Local Governments.·

• OMB Circulars A-87 and A-102 contain requirements for state and local governments receiving Federal assistance. Any

requirement levied upon state and local governments by those two circulars shall also be applicable to private sponsors

receiving Federal assistance under the Airport and Airway Improvement Act of 1982.

Spec-tic assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated

by reference in the grant agreement.

2. Responsibility and Authority of the Sponsor.

a. Public Agency Sponsor: It has legal authority to apply for the grant. and to finance and carry out the proposed project: that a

reso.uuon, monon or Similar action has been duly adopted or passed as an official act of the applicant's governing booy

authorizing the filing of the application, including all understandings and assurances contained therein. and directing and

authorizing the person identified as the official representative of the applicant to act in connection with the application and to

provide such additional information as may be required.

b. Private Sponsor: It has !egalauthorityto apply for the grant and to finance and carry out the proposed project and comply With all

terms. conditions. and assurances of this grant agreement. It shall designate an official representative, and shall in writing direct

and authorize that person to file this apolication, including all understandings and assurances contained therein; to act In

connection with the application; and to provide such additional information as may be required.

3. Sponsor Fund Availability. It has suttlcient funds available for that portion of the project costs which are not to be paid by the

United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement

which it will own or control.

4. Good Title. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance

satisfactory to the Secretary that good title Will be acquired.

For noise program implementation projects to be carried out on the property of the sponsor, it holds good title satisfactory to the

Secretary to that portion of the property upon which Federal funds Will be expended or will give assurance to the Secretary that qocd

title will be obtained.

5. Preserving Rights and Powers.

a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all

of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and Will act

promptly to acquire. extinguish or modify any outstanding rights or claims of right of others which would interfere with sucn

performance by the sponsor. This shall be done in a manner acceptable to the Secretary. .

b. It will not sell. lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on

Exhibit A to this application or, for a noise program implementation project. that portion of the property upon which Federal funds

have been expended, for the duration of the terms. conditions, and assurances in the grant agreement without approval by the

Secretary. If the transferee is found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to

assume the obligations of the grant agreement and 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 sponosr's interest. and make

binding upon the transferee, all of the terms, conditions. and assurances contained in this grant agreement.

FAA Form 5100-100 (2·651 Page 2 of 6
c. For all noise program irnplernentats 'ojects which are.to be carried out by another I )f local government or are on property

owned by a unit of local government other than the sponsor, it will enter into an aqreernent with that government. Except as

otherwise specified by the Secretary, that agreement shall obligate that government to the same terms. conditions, and

assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the norse program implementation

project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement

against the local government jf there is substantial non-eompliance with the terms of the agreement.

d. For noise program implementation projects to be carried out on privately owned property. it will enter into an agreement with the

owner of that property which includes provisions specified by the Secretary. It will take steps to enforce thiS agreement against the

property owner whenever there is substantial non-eompliance With the terms of the agreement.

e. If the sponsor is a private sponsor. it will take steps satisfactory to the Secretary to ensure that the airport will continue to function

as a public-use airport in accordance with these assurances for the duration of these assurances.

1. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an

employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and

maintained in accordance with the Airport and Airway Improvement Act of 1982, the regulations and the terms, conditions and

assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith.

6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this

application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area

surrounding the airport. For noise program implementation projects, other than land acquisition, to be carried out on property not

owned by the airport and over which property another public agency has land use control or authority, the sponsor shall obtain from

each such agency a written declaration Ihat such agency supports the project and the project is reasonably consistent with the

agency's plans regarding the property.

7. Consideration of Local Interest. it has given fair consideration to the interest of communities in or near which the project may be

located.

8. Consultation with Users. In making a decision to undertake any airport development project under the Airport and Airway

Improvement Act of , 982, it has undertaken reasonable consultations with affected parties using the airport at which the project is

proposed.

9. Public Hearings. In projects involving the location of an airport. an airport runway. or a major runway extension, it has aHorded the

opportunity for public hearings for the purpose of considering the econorruc, social. and environmental effects of the airport or runway

location and its consistency with the goals and objectives of such planning as has been carried out by the community. It shall, when

requested by the Secretary, submit a copy of the transcript of such hearings to Ihe Secretary.

10. Air and Water Quality Standards. In projects Involving airport location, a major runway extension, or runway location it will provide

for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located,

designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such

standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to

certify shall be provided WIthin sixty days after the project application has been received by the Secretary.

11. Local Approval. In projects involving the construction or extension of any runway at any general aviation airport located astride a

line separating two counties within a single state, it has received approval for the project from the governing body of all villages

incorporated under the laws of that state which are located entirely within five miles of the nearest boundary of the airport.

12. Terminal Development Prerequisites. For projects which include terminal development at a public airport, it has, on the date of

submittal of the project grant application, all the safety equipment required for certification of such airport under section 612 of the

Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and has provided for access to the

passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier

aircraft.

13. Accounting System, Audit, and Recordkeeping Requirements.

a. It shall keep all project accounts and records which fully disclose Ihe amount and disposition by the recipient of the proceeds of the

grant, the total cost of the project in connection with which the grant is given or used, and the amount and nature of that portion of

the cost of the project supplied by other sources, and such other financ:al records pertinent to the project. The accounts and

records snatl be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the U.S.

General Accounting Office publication entitled Guidelines for Financial and Compliance Audits of Federally Assisted Programs.

b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized

representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are

pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an

independent audit is made of the accounts of a sponsor relating to the disoosmon of the proceeds of a grant or relating to the

FAA Form 5100-100 IUS) Page 3 of 6
project In connection with which the grant was given or used. it shall jiie a certified copy of sucn audit with the Comptroller General

of the United States not later than E nths totlowmq the close of the fiscal year for :h the audit was made

14. Minimum Wage Rates. it snail include, :n all contracts In excess of $2.000 for work on any projects funded under the grant

agreement which Involve labor, orovrsions establishing minimum rates of wages. to be predetermined by the Secretary of Lacer, .n

accordance with the Davis-Bacon Act. as amended (40 U.S.C. 276a - 276a-5), which contractors shalt pay to skilled anu unsxnleo

labor, and such minimum rates shall be stated in the invitation for bids and snail be mcfuded in proposals or bids for the work.

15. Veterans Preference. It shail include. in ail contracts for work on any projects funded under the grant agreement which involve

labor, such provisions as are necessary to insure that. in the employment of labor (except in executive, administrative, and

supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section

5 15(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shalt apply only where the mcivicuats

are avanaote and qualified to perform the work to which the employment relates

15. Conformity to Plans and Specifications. It will execute the project subject to oians. scec.fications, anc schedules aoorcvec 'Jy

the Secretary. Such plans, specmcanons. and schedules shail be suorrnttec to me Secretary' pnor to commencement of site

precarauon, construction. or other certorrnance under nus grant aqreernerrt, and. upon approval by the Secretary, shall oe

incorporated into this grant agreement. Any mooitications to the aporoveo clans, spec:fications. and schedules shall also be subject

to approval by the Secretary and incorporation Into the grant agreement.

17. Construction Inspection and Approval. it wlil crevice and maintain competent technical supervision at the construction Site

throughout the project to assure that the work conforms with the plans, scec.ficaticns. and schedules acorovec by the Secretary for

the project. It shall subject the construction work on any project contained m an approved project application to inspection and

approval by the Secretary and such work shall be in accordance With regulations and procedures prescribed by the Secretary' Such

regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the

Secretary shan deem necessary

18. Planning Projects. In carryinq out oiannlng projects:

a it wlil execute the project In accordance with the approved program narrative contained in the project applicanon or With

rnocifications Similarly approved.

b. It will furnish the Secretary With such periodic reoorts as recuirec pertarrunq to the planning project and planrunq worK activrnes.

c. It will include In all ouousneo material prepared !n connection With the planning project a notice that the material was prepared

under a grant provicec by the United States.

d. It Will make such material available for examination by the puouc. and agrees that no material prepared with funds under thiS

project shall be suoject to copvnqnt In the United States or any other country.

e. it Will give the Secretary unrestricted authonty to publish, disclose, distribute, and otherwise use any of the material prepared in

connection with this grant.

f. It will grant the Secretary' the right to disapprove the sponsor's employment of specific consultants and their subcontractors :0 do

all or any part of this project as weil as the nght to disapprove the proposed scope and cost of professional services.

g. It Will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.

h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning materia!

developed as part of trus grant does not constitute or Imply any assurance or commitment on the part of the Secretary to approve

any pending or future application for a Federal airport grant.

19. Operation and Maintenance.

a. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, WIth due regard to chrnatic and

flood conditions The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than fat:iities

owned or controlled by the United States, shall be operated at all nrnes in a safe and serviceable condition and in accordance With

the minimum standards as may be required or prescribed by applicable Feceral. state and local agencies for maintenance and

operation. It will not cause or permit any acnvrty or action thereon which would interfere with its use for airport purposes.

In furtherance of this assurance. the sponsor will have in effect at all times arrangements for -

(1) Operating the airport's aeronautical facilities whenever required;

(2) Promptly marking and lighting hazards resultinq from airport conditions, Including temporary conditions; and

(3) Promptly notifying airmen of any condition affecting aeronauticaf use of the airport.

Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary penocs

when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall De

construed as reqUiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially

damaged or destroyed due to an ad of God or other condition or circumstance beyond the control of the sponsor.

FAA Form 5100-1002·85) Page 4 of 5
b. It will suitably operate and maintain, ._Ise program implementation items that it owns Or controls upon which Federal tunes have

been expended.

20. Hazard Removal and Mitigation. It will adequately clear and protect the aerial approaches to the airport by removing, lowering,

relocating, mcirking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of

future airport hazards.

21. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws. to the extent reasonable, to restrict the

use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations,

including landing and takeoff of aircraft. In addition. if the project is for noise program Implementation, it will not cause or permit any

change in land use, within its jurisdiction, that will reduce the compatibility, with respect to the airport, of the noise compatibility

program measures upon which Federal funds have been expended.

22. Economic Nondiscrimination.

a. It will make its airport available as an airport for public use on fair and reasonable terms and Without unjust discrimination to all

types, kinds, and classes of aeronautical uses.

b. In any agreement. contract. lease or other arrangement under which a right or privilege at the airport is granted to any person, firm,

or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will

insert and enforce provisions requiring the contractor -

(1) to furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof, and

(2) to charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided, that the contractor may be

allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume

purchasers.

c. Each fixed-based operator at any airport owned by the sponsor shall be subject to the same rates, fees, rentals. and other charges

as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the

same or similar facilities.

d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or

permitted by the airport to serve any air carrier at such airport.

e Each air carrier using such airport (whether as a tenant. nontenant. or subtenant of another air carrier tenant) shall be subject to

such nondiscriminatory and substantially comparable rules, regulations, conditions, rates. fees, rentals, and other charges as are

applicable to all such air carriers which make similar use of such airport and which utilize similar facilities. SUbject to reasonable

classiticanons such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights. Classification or

status as tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar

to those already imposed on tenant air carriers.

l. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the

airport from performing any services on its own aircraft with jts own employees (including, but not limited to maintenance, repair,

and fueling) that it may choose to perform.

g. In the event that the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will

be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the

sponsor under these provisions.

h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may

be necessary for the safe and efficient operation of the airport.

i. The sponsor may prohibit or limit any given type. kind, or class of aeronautical use of the airport if such action is necessary for the

safe operation of the airport or necessary to serve the civil aviation needs of the public.·

23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any persons providing, or intending to provide,

aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fixed-based

operator shall not be construed as an exclusive right if both of the following apply: (1) It would be unreasonably costly,

burdensome, or impractical for more than one fixed-based operator to provide such services, and (2) If allowing more than one

fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement

between such single fixed-based operator and such airport.

It further agrees that it will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the

airport, or at any other airport now owned or controlled by it, to conduct any aeronautical activities. inclUding, but not limited to charter

flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertismg and surveying, air carrier

operations, aircraft sales and services, sale of aviation petroleum products whether or no1 conducted in conjunction with other

aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct

relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to

FAA Form 5100-100 (2-851 Page 5 of 6
, conduct an aeronautical activity no'

Improvement Act of 1982.

24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurance 22 and 23, for the facilities and

services being provided the airport users which will make the airport as self-sustaining as possible unC3r the circumstances eXisting

at that particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Feoeral

share of an airport deveiopment. airport planning or noise program implementation project for which a grant is made under the Airport

and Airway Improvement Act of 1982. the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be incluceo in

the rate base in establishing fees. rates, and charges for users of that airport.

isting at such an airport before the grant of a .ssistance under the Airport and Airway

25. Airport Revenue. If the airport is under the control of a pubnc agency, all revenues generated by the airport will be expended by it for

the capital or operating costs of the airport. the local aircort system, or other local facilities which are owned or operated by the owner

or operator of the airport and directly related to the actual transportation of passengers or property. Provided, however, that if

covenants or assurances in debt obligations previously issued by the owner or operator of the airport, or provisions in governing

statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's

facilities, inclUding the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other

facilities, then this limitation on the use of all revenues generated by the airport shall not apply.

26. Reports and Inspections. It Will submit to the Secretary such annual or special financial and operations reports as the Secretary

may reasonably request. For airport development projects, it will also make the airport and all airport records and documents

affecting the airport. inclUding deeds. leases, operation and use agreements, regulations and other instruments, availaote for

inspection by any duly authorized agent of the Secretary upon reasonable request. For noise program implementation projects. Itwill

also make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the

grant agreement inclUding deeds, leases, agreements, regulations. and other instruments, available for inspection by any duly

authorized agent of the Secretary upon reasonable request.

27. Use of Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and

all those usable for landing and takeoH of aircraft to the United States for use by Government aircraft in common with other aircraft at

all times Without charge. except. if the use by Government aircraft is substantial, charge may be made for a reasonable share,

proportional to such use. for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary',

or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by government aircraft will be considered to

cx.c: ...~~:::~cccrat.cns of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere With use of

the landing areas by other authorized aircraft, or during any calendar month that -

a. Five (5) or more govemment aircraft are regularly based at the airport or on land adjacent thereto; or

b. The total number of movements (counting each landing as a movement) of government aircraft is 300 or more, or the gross

accumulative weight of government aircraft using the airport (the total movements of government aircraft rnuttipflec by gross

weights of such aircraft) is in excess of five million pounds.

28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or

air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or

estate therein, or right in bUildings of the sponsor as the Secretary considers necessary or desirable for construction. operation, and

maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as

provided herein within four months after receipt of a written request from the Secretary.

29. Airport Layout Plan. It WIll keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and

all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport

purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures

(such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of

existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon.

Such airport layout plan and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary'

which approval shall be evidenced by the signature of a dUly authorized representative of the Secretary on the face of the airport

layout plan. The sponsor will not make or permit any changes or alterations in the airport or in any of its facilities other than in

conformity with the airport layout plan as so approved by the Secretary if such changes or alterations might adversely aHect the

safety, utility, or efficiency of the airport.

30. Civil Rights. Irwill comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color,

national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received

from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the

program, except where the Federal financial assistance is 10provide, or is in the form of personal property or real property or interest

therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of

the follOWing periods: (1) the period dUring Which the property is used for a purpose for which Federal financial assistance is

extended, or for another purpose involving the provision of similar services or benefits or (2) the period during which the sponsor

retains ownership or possession of the property.

FAA Form 5100-100 (2-35) Page 6 of 6
07/22/02 MON 07:14 FAX 310 725 6847 FAA AIRPORTS DIVISION f4J 003

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REPORTING PE~UOO AIRPORT DEVELOPMENT IilEGlON ADO

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