04/07/2008 13:05 3107256849 FAA LA>< ADO PAGE 02

U.S. Department ofTransportation Federal Aviation Administration 

# f EXHIBIT 

# ~...i-"leM 

# ;6

Page 

### 1 of2 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 itto 

### 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 inconformance 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. ishereby 

### 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 infull force and effect. 

### INWITNESS WHEREOF, the parties hereto have caused this Amendment to said 

### Grant Agreement to 

### be duly executed as

## orthe 27 dayof August, 2003.
UNITED STATES OF AMeRICA FEDERAL AVIATION ADMINISTRATION WESTERN·PACIFIC REGION 

# ~PVk=

---~ P. Mlnlgan Supervisor, Standards Section

Fax fro'" 3187256849 Pg: 2rAA LAX 

### ADO PAGE 03


### Page2of2 Pages Contract No. 

### DTFA08-94-C-20857 Santa Monica Airport/Planning Area

Santa Monica, California



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

### (SEAl)



## ... -"\ 

# --

. Attest: _.~ ,~ • Title: (Typed TIl/to urSp"Il~lJr'g De:slgnated Offlc:l~1 nepr83entDti',e) 

### City Manager
.

Titl",:


### CERTIFICATE OF SPONSOR'S ATTORNEY 

### I, Marsha Jones 

### Moutrie ,acting asAttomey forthe Sponsor 

### dohereby certify:
That I have examined the foregoing Amendment to the Grant Agreement and the proceedings taken,

# bythe Sponsor rolating thereto, 3nd fiqding thQexecution 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 theterms tnereot,
Dated at 

### Santa Monica Ithis 

### 27th dayof '"-- .2003, 

### August
By:

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### FAA LAX ADD PAGE 04

U.S. Department of Tr<lrR>purlaUon FedQral Aviation Admlnistratlon

~g(l 1 of2.P!lgoc Contract No. OTFA08-94-e-20857

Santa Monica Airport Santa Monica. California
AMENDMENT NO.1 TOGRANT AGREEMENT FOR PROJECT NO. 3-06-{)239-06 WHEREAS. the Fedeml Avistion Adminietrl1tlon (hereinafter r~f~m'lt1tn JlS the "FAAR) has determined Itto beIn 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 IHI:REFORE. WITNESSETH: That In consideration of the benefits to accrue tothe 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 GrantAgreement 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;QrfCln~ 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



### Fax fro'" 318725&849 84/87/88 1&:38 Pg: 404/07/2008 13:05 3107255849 

### FAA LAX ADO PAGE 05

Page 2of 2 Pages

Contract No. OTFA08--94-C-20857

City 

### Of,,:,S.inta Monica (Name of Sponsor)

Title: 

### Ci

## ty Manager (SEAL) 

# =1",

.';~~A'''''~I!!J.~'!'!~'!!S~~

_ Title: 

### Ci toY 

### Cler.k

CERTIFICATE OF SPONSOR'S ATIORNEY
--":"'=:-::':'-"=---===-:::'=-:":'~=--'-=-

__ I acting asAttorney forthe 

### city of Santa Monica, (hereinafter referred to as

That' have examined the foregoing Amendment tothe 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

Fax fro'" 3187256849 84/87/88 16:39 Pg: 5

# :::: ..;. 

# .

# .- 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 - SITE NUMBER 

### I PROJECT NUMBER ~1~ 

### 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. ArndNo.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 CUMULATIVEAMOUNT 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 IALLOCATION 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 OFENGINEER Phase 2 6/24/94 3. Al~POHT LAYOIIT PLAN Phase 4 6/24/91,

- Phase 5 6/29/94 o. PLANS ANOSPECII'ICATIOIIIS F phase 6 5l/20/!l!l (Use <::odOi 10~below) 0 Phase 7 11/19/6iIi! Phase 

### e 2/6102
5. PROJECTAPPLICA"!10N PLANI'IEDISSUANCl! DATE IlstiOED 

# I PLAMNEDACCEPTANCE DA~ 

# T ACCEPTED 6. GRANTOl'I"ER 

## 0 STAGE II GRANT AGREEMENT TO PHYSICAL COMPLETION /14. C.AWAAD D. NOTiCETO 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 ~UDITREQUEST!!D iJD!T REPOM" RECEIVED
• GRANT reJlEW COMPLETED

~ coeea TOBE USEDWHERE NOTI!O 

# 0 ' •SfI'E PItEPAltATION 3· UGI-nlNG 5- DEVELOl'MeNT BeHIND SCHEOULE 2-PAVlNG 4· BUILDING ,.A.f'Z LAND Used In lieu of FAA form 5100·5 (6-72) OleN04/07/2008 13:05 

### 310725684'3 

### FAA LAX ADO PAGE 06

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:icaM\m,:to:ipal Mrpo: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~ehthe 

### 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 Fax froll! 3187256849 84/87/88 16:39 

### Pg: £,04/07/2008 13:05 3107255849 

### FAA LAX ADO PAGE 07



### 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.nd

Ca.p.c.:i.ty

Expll.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, HEREBYOFF.ERS AND AGRlES 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.baUnited 

### States payable 

### under t:his otf@r shal1 be $1t604,700.00. For t.hepurpose of any future grant e.mendments which lIlay 

### increase 'the fore~l,liug m~ 

### obl:iuo.tion o£ 

### 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.e

### with the provisions 

### of such regulatione and pruu~dure~ a& the 

### Seerot3~ ghall prp-scrihe. 

### Final determination of 

### the United States share will bebased 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!lply

### with the assurances which were made pa~~ of 'theproj~c~ applicat~on. 5. The FA};,

reserves the right to am~nd or withdraw this offer at any tilluaprior to its accep"tance by the Sponsor. 6. Tld.~ 

### offer &ha11 

### ~:Itp:iro ~n.dt:h~ 

### Il'(lited

States 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,titruBt

### sta.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.L obtain 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,
Fax frOM : 31B7256B49 r r' ,, _ B4/B7/BB 16:39 Pg: 704/07/2008 13:05 310725584g 

### FAA LAX ADO PAGE 08



### 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.ldein 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:oFAA 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~S 

### w1th 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,,,qting of 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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### FAA LAX ADO PAGE 09



### 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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### FAA LAX ADO PAGE 10

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.utedthiS 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

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

### Marsha J. Moutrie 

### 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 ofAssurances 9and 26 (11/04/92)]

A. General 1. TheBe aSGUrWlC~5' shall be complied with inthe performance 

### "ofgrant agreements for airport development, airport planning, and noise compatibility program grants to airport sponsors. Z.
.fhese assurances arc required tobe :;l1bmitted Q~ P3J'tofthe project applicati"n hy !'lponsors requesting funds under the provisions ofthe 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 apublic agency with control ofapublic use airport; the term "private sponsor- means aprivate sponsor ofapublic1L$C airport; a:ndthe tcrtn "gpon!!:" •• "includes public ageney sponsors and 

### private sponsors.



## •

# . 3. Upon acceptance ofthe grant offer

### bythe 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 

### bya Public Agency SpoosoJ:".The terms, conditions and assurances 

### ofthe grant agreement 

### shall remain infull force and effect throughout the useful life ofthe 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 afacllity under anoise cumpit~bility PTogs'anl pr-ojcct, butin any event Dot t" ~rceed twenty (20) 

### years from the date 

### ofthe acceptance 

### ofagrant offer ofFederal funds for the project. However. there shall be no limit ~nthe duration ofthe assurance against exclusive rights or the 

### terms, conditions, and assurances with respect toreal property 

### acquired with Federal funds. Furthermore, the duration ofthe Civil Rights assurances shall be as

### specified inthe assurance. 2. Airport Development or Noise Compatibility Program Projects Uadertaken 

### by aPrivate 

### SpOWlor. The preceding paragraph 

### 1also applies 

### toaprivate sponsor 

### except that the useful life ofproject items 

### installed within 

### afacility 

### orthe useful lifeoffacilities developed or t:1.J.wl'luent acquired under ,anairport development or noise compatibi.lily program project shall be no less than ten(lO) years from 

### the date of the acceptance ofFederal ::tid fnr the project. 3. Airport Planning Undertaken 

### bya Sponsor. Unless otherwise specified in the grant agreement, only 

### Assurances 1,2,3, .5,6, 13, 18,30,32,:33,34and 36inSection 

### C apply to pl:\nnin8 projects. 

### The terms, conditions, and assurances ofthe grant agreement shall 

### remain infull force 

### and effect 

### during the lifeofthe project. C. Sponsor Certification. The SPOliSOf hereby assures and certifies, with respect to this grant that: L General Federal Requirements. Itwillcomply with allapplicable Federal laws, regulations, executive orders, policies, guidelines and requirements as

### theyrelate to the application; 

### acceptance and usc ofFederal funds for this project 

### inclUdingbut not limited to !.he:.following: Femn.l T

.P.gi~ISltinn

a. Federal Aviation Act of 1958~49U.S.C. 

### 1301,et seq. b. Davls-Bacoa Act •40U.S.C. 276(a), etceq.V c. Federal Fair Labor Standards Aet

-29

### U.S.c. 201.,et seq. Page 1 of 11

Fax frol"l 3181256849 84/87/88 Pg: 1104/07/2008



### • 

## •

Fax fro'" 13:05 3107256849 FAA LA>< ADO PAGE



### d. Hatch 

### Act

-5U.S.C. 

### 1501,etseqJj 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

- 16U.S.C. 470(f).1/ g. Archeological 

### and Historic Preservation 

### Actof1974-16 U.S.c. 

### 469 through 

### 469c.y h. Rood Disaster Protection 

### Act of1973~Section 

### l02(a)

-42U.S.C.4012a.l/ i. Rehabilitation Act 

### of1973

-2') U.S.C.794. 

### j. Civil

### Rights Act 

### of1964"Title 

### VI•42U.S.C.

### 2000dthrough 

### d-4. k. Aviation Safety and

### Noise Ahatemcnt 

### Actof1979,49U.S.C. 

### 2101, et seq 

### 1. AgeDiscrimination Act of

### 1975

-42U.S.C. 6101, et seq. m. Architectural Barriers Act of 1968"42U.S.C. 4:151,

### efseqJ/ n. Airport and Airway Improvement Actof198:2,as amend~d 4qU.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

-40U.S.C. 327, et 

### seq.1/ q. Copeland AntikickbackAct • 18

## U.~.c. 874.Y 

## r. National Environmental Policy 

### Actof1969

-42U.S.C. 4321, et

## seq.1/ 3. Endnngered Species .Ad - 16U.S.C. 668(a). et

### seq.!l t, 

### Single Audit Act 

### of1984~31 U.S.C. 

### 7501,etscq-1J u. Drug-Free Workplace Act 

### of 1988·41 U.S.c.

### 702through 706. Executive Orden Executive Order 12372

--Intergovernmental Review ofFederal Programs 

### Executive Order 

### 11246

- Equal 

### Employment Opportunity 

## 11 Federal ReguLatiODS 

### a. 4'.:1 t:J:"l{ Part 18

-Uniform Auwi..nUitrati'VC Rcquke:mcnts COl' Grants and 

### Cooperative Agreements to State and 

### LocalGovcrnments~/ h. 49 CFR 

### Part 21

-Nondiscrimination inFederally-Assisted Programs ofthe Department of 'Trausportation-Etfectuation ofTitle VI 

### ofthe CivilRights Act of 1964. 

### c. 49

### CPR Part 

### 23

-Participation 

### byMinority Business Enterprise inDepartment 

### 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. 

### 49CFRPart 2/- Non-DlscriminaliulJ on the BMI.s ofHnndicap inPt'ogram!l; and Activities 

### R~ceiving or Benefiting 

### fromFederal Financial Assistance.1J f. 49 C-FRPart 29 •Debarments, Suspensions, and Voluntary Exclusions. g. 49CFR Part 30 ~

### Denial ofPublic Works Contracts to Suppliers ofGoods and 

### SClvicc~of Countries That 

### Deny Procurements Market Access toU.S. Contractors. 

### h. 29CPR Part 

### 1

-Procedures fOT Predetermination ofWage 

### Rates.!1 i. 29 CPR Part 3· Contractors 

### orSubcontractors 

### onPublic Buildings or Public 

### Works Financed inWhole orPart 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 

### ofFederal Contract Compliance Programs, Equal Employment Opportunity, Department ofLabor (Federal and 

### Federally-Assisted ContractingRequiremcnts).llL 14CFR Part 150

-Airport Noise Compaubility Planning. Office 01Manarmp.nt and 

### Budeet Cirulan

a. A-8?

-Cost Principles 

### Applicable to Grants 

### and Contracts with Slate andLocal GovemmcntsJ.! 

### b. A-128. Audits 

# orState and Local 

### qovernments.y



## 1/These laws donot apply to airport planning sponsors,



### Page2 of 11

3187256849 84/87/88 Pg: 1204/07/2008 13:05 3107256849 

### FAA LAX ADO F'AGE 1·-, .,::,



## 1JThese laws do notapply to private sponsors. 

## V 49eF'R Part 18and OMB Circular A-S7contain requirements for State and local governments receiving Federal assistance. Any requirements levied upon State and local governments 

### bythis regulation and circular shall also be applicable to private sponsors receiving Federal assistance under 

### theAirport andAirwayImprovement 

### Act of 1982, as amended. Specific assurances required tobe included

# w grant agreements 

### by any ofthe above laws, regulations or circulars are incorporated byretcrcnce in the grant agreement, 2. Responsibility and A.uthority titt.he

### SpnnsoJ:.



### ,

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

out the proposed project; tbat aresolution, inutlon or similar action hn3'been duly adopted or passed as an official act ofthe applicant's governing body authorizing the 

### filing ofthe application, Including all understandings and assurances contained therein, and directing and authorizing the p~rson identified as the official representative ofthe applicant to act inconnection with [he application 

### andtoprovide 

### suchadditional information 

### asmaybe required 

### b. Private Sponsor: It

### has legal authority to apply for

### thegrantandto 

### finance and 

### carry out the proposed project 

### and comply wi~ allterms, conditions, and assurances ofthis grant agreement. Tt shall 

### designate an official representative and shall inwriting direct aml authorlze, that pcreon to file this application, including allunderstandings and assurances contained therein; to act.in connection with the appHt'.ation; and toprovide such additional information as maybe required. 3. Sponsor Fund Availability. Ithas sufficient funds available for 

### that portion ofthe project costs which art: Dutto be paid bythe United Sro.le::. Ith.aesufficient funds av.:\j)ahleto assure operation and maintenance of items funded under the grant agreement which itwill own or control. 4. Good Title

a. It holds good title, satisfactory to the Secretary, to the landing area ofthe airport or site thereof, or will give assurance satisfactory to the Secretary that good title willbe acquired. b. For noise compatibility V1"U~.J;am projects tobe carriedout on the property ofthe sl'01"I!':nr, it holds good title satisfactory tothe Secretary to that portion ofthe property upon which Federal funds willbe expended or willgive assurance to the Secretary that good title willbe obtained. 

## s. Preserving Rigbts aDd Poml'S~
8. Itwill not take or permit anyaction which would operate to deprive itof any ofthe 

### rights and powers necessary to perform any or allthe terms, conditions, and assurances in the grant agreement without the written approval oftbe Secretary, anu wi.llactpromptly to acquire, extinguish or modify any outstanding rights or claims ofright ofothers which would interfere with such performance 

### by the ~l'nn!lor.

### Thi.'\ shall be done in am~er acceptable to the Secretary. b. Itwill not sell, lease, encumber or otherwise transfer or dispose ofany part ofits 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 ofthe property upon which

### Federal funds have been 

### expended. for the duration ofthe terms, conditions, and assurances inthe grant agreement without approval 

### bythe Secretary. If the transferee is found 

### bythe Secretary to be eligible under the Airport and Ai.rway Improvcmeet Act of 1982to assume the obligations 

# ofthe grant agreement and to have the power, authority, 

### and finand~ resourees to carry ont :Illsuch ohligations. the sponsor 

### shan insert in the contract or document transferring or disposing ofthe SpOIlSOr>9 interest, and make binding upon the transferee, all ofthe terms, conditions and assurances contained inthis grant agreement.
Pagc3 of 11

Fax frolll 31B7256849 B4/B7/B8 16:42 Pg: 1304/07/2008 13:05 3107256849 

### FAA LAX ADD PAGE 14

c. FVl all uolse ~mpatibllity pr~am projects whi~ aretobe. carried out 

### by another 

### unit oflocal government 

### Drarc on property owned 

### by aunit oflocal government other than the sponsor, it

### wiU enter into an agreement with that government. Except as otherwise specified bythe Secretary, that agreement 

### shallobligate that government tothe same terms, condidons, and assuranccs that would be applicable to 

### itifitapplied directly to the FAA for agrant 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 

### ifthere issubstantial non-compliance with the terms ofthe agreement. d. For noise compatibility program projects tobe carried out.~ privately owned property, itwill enter into an agreement with the owner ofthe property whicli includes provisions specified 

### by the Secretary. Itwilltake steps to enforce 

### this agreement against 

### the property owner whenever there is substantial non-compliance 

### with the terms 

### ofthe 

### agreement. . e. 

### Ifthe sponsor is aprivate sponsor, it

### willtake steps satisfactory to the Secretary to ensure that the airport will continue to function asapublic-use airport in accordance with these assurances for the duration ofthese assurances, f. 

### Ifan arrangement ismade for management and operation ofthe airport 

### byany agency or person other than the sponsor or an

### employee. ofthe 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 

### ofthis application) ofpublic agencies that are authorized 

### by the State in which the project is Ioeated to plan for the development ofthe area surrounding the airport. For noise compatibility program projects, other then land acquisition, tobe carried out on property not owned 

### by the airport and over which property another public 

### agencybas 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 tothe interest ofcommunities in or near which the project may be located. 8. Consultation with UseK'S. In making adecision to undertake any airport development project under the Airport and 

### Airway Improvement 

### Act of1982,ithas undertaken reasonable consultations with affected 

### parties usingthe airport 

### atwhich project 

### isproposed.

,. Public: RearinG='. Inprojects involvittg thelot'~tionof

### an airport, an airport 

## runway.or

## amajor 

### runway extension, ithas afforded the opportunity (or public hearings for the purpose ofconsidering the economic, 

### social,and environmental 

### effectsofthe airport or runway location and its consistency with goals and objectives ofsuch 

### planning as

### bas been carried out bythe community IWd itshall, whcn requested by the Secretary, submit acopy ofthe transcript ofsuch hearings to the Secretary. Further, for such projects, ith3E on itsmanagement board eitb.l".1'votingrepresentation 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. Inprojects involving airport location, amajor runway eztension, orrunway location itwillprovide for the Governor ofthe state inwhich the project is located to certify in writing to the Secretary that the project willbe 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;; aUand watc..r quality standard." how been promnlgatctl hy the Administrator 

### ofthe Environmeatal Protection 

### Agency, certification shaUbe obtained from such Administrator. Notice of

### certification or refusal to certify 

## shanbe provided within sixty (60) 

### days after 

### the project application 

### hasbeen received bythe Secretary.
. Page 4 of 11

Fax fro••• 3187256849 84/87/88 16:42 Pg: 1404/07/2008 13:05 3107256849 

### FAA LAX ADO PA(:;E 15



### 11.. Local Approval. In projects involvingthe construction orextension of

### any runway 

### atany general 

### aviation airport located astride alineseparating twocounties within asingle state, ithasreceived approval for the 

### project Irom Lllcgoverning body ofallvillagesincorpor3tE:'.r1 nnder the 

### laws ofthe state which are located entirely 

### within five

### miles of

### the nearest boundary ofthe airport, U. l'ennioal Development 

### Prerequisites. For

### projects which

### include terminal development at apublic 

### airport, ithas, on the date ofsubmittal ofthe project grant application, allthe safcty equipment required for certification ofsuch 

### airport ttnder section 612ofthe Federal Aviation Act of 1958 

### and allthe security equipment required 

### byrule ofregulation, andhasprovided for 

### access to

### the passenger enplaning and 

### deplaning area 

### ofsuch airport 

### to

### passengers enplaning or

### depla.nmgfrom 

### aircraft other than air 

### carrier aircraft.

..' 13. A~MnntiDg S)'!tem. 

### Audit~and Rec:ordbeping 

### Requirements.

1 

# . a. It shall keep allproject accounts andrecords which

### fullydisclose the amount and disposition

bythe recipient ofthe proceeds ofthe grant, the;total 

### cost ofthe project in 

### connection with which the 

### grant isgiven 

### or used, and 

### the amount and nature ofthat 

### portion ofthe cost ofthe project supplied 

### by other sources, and such other financial records pertinent totheproject. The accounts and records shall be 

### kept in accordance with anaccounting :;y:sll:)lll that will.fa.cllitate(U1 effective audit in accordance 

### with the Single Audit Adof1984. b. 

### Itshall make available totheSecretary andthe Comptroller General ofthe United States, Q{ any 

### oftheir duly 

### authorized representatives, forthepurpose ofaudit and 

### examination, anybooks, documects, papcre, and records of

### the recipient th:d are pertinent 

### tothe grant. The 

### Secretary may 

### require that 

### an appropriate auditbe conducted by a

### recipient. In any case inwhich 

### an independent 

### audit ismade ofthe 

### accounts ofasponsor relating to the 

### disposition ofthe 

### proceeds ofa

### grant or relating to theproject incouucctlon withwhichthe grant W!JIB givenorused, it shall

# me acertified copyofsuch audit withthe Comptroller General ofthe United States not later than six(6) mt:lnth~ 

### following the close ofthe 

### fiscalyear for

### whichthe audit was 

### made. 14. Minimum Wage Rates. Itshall include, inallcontracts inexcess of$2,000 forwork on 

### any projects funded under the grant ilgt'celllc~twhich involve labor, 

### provisicns establishing 

### minimum rates ofwages, 

### tobepredetermined by the 

### Secretary ofLabor, in

### accordance withthe Davis-Bacon Act, as amended 

### (40V.S.C 276a-276a-5), which contractors shall payto skilled and unskilled labor, and 

### such minimum. rates shall be staled in the invitation 

### forbids 

### and sl1allbe induded 

### inproposals orbids 

### for work. 

### 15. Veteran's Prererence. 

### It shallinclude, inallcontracts forwork on anyprojects funded under the grant agreement which

### involve labor, suchprovisions asare 

### necessary to 

### insure that, inthe 

### employment of labor(cxcept inexecutive, administrative, and superviso.ry positlons),prcrc:..r~a.cc shall

### be given to 

### veterans ofthe Vietnam. era 

### and disabled veterans asdefined inSection 515(c)(1) and (2) oftheAirport and 

### Airway Improvement Act of 1982_However, this 

### preference shall 

### applyonly where the individuals are 

### available and 

### qualified to perform the work towhichthe employment relates. 16. Conformity to Plaos and Specifications. 

### Itwill execute 

### the proje~t subject toplaus, specifications, and schedules approved bythe Secretary. Suchplans, speclfications, and schedules shallbe submitted to the Secretary prior to ~ommencement ofsite preparation, 

### construction, or other performance under 

### thisgrant agreement, and, upon approval 

### bythe Sccratary, shallbe incorporated into this grant agreement. Any modifications to the approved plans, specifications, arid schedhles shall also be subject to 

### approval bythe Secretary 

### and incorporation into the gJ:iwt agreement, 17. 

### Construction InsDCction aud Approval. Itwillprovide and maintain competent technical :supervision atthe construction site throughout the project toensure that thework conforms with the plans. specifications, and schedules approved bythe Secretary for the project. It shall subject 

### the construction wo.rka,u. any

### project contained in an approved 

### project l'll"l{llication to inspection and approval by

### the Secretary 

### and such work 

### shallbe 10,accordance with regulations and procedures rag\::5of U

Fax frolll 3187256849 84/87/88 16:42 Pg: 1504/07/2008 13:05 3107255849 FAA LAX ADO PAGE 15

prescribed 

### bythe Secretary, Such regulations and procedures tihallrequire such cost and progress reporting 

### bythe sponsor or sponsors ofsuch project as the Secretary shall deem necessary. 18. Planning 

### Projects. In carrying out planning projects:
II. It will execute the project inaccordance with the approved program narrative contained in the project application orwith modifications similarly approved, b. Itwill furnish the Secretary with such periodic reports asrequired pertainlng to the plu.nnmg project and planning work activities,
c. Itwill include inall published material prepared inconnection with the planning project anotice that tbe material was prepared under agrant provided 

### by the United States. 

### d. Itwillmakesuch material available for examination by

### thepublic, and agrees that DOmaterial prepared with funds under this project shall be subject to copyright inthe United States or any other country.
e. Itwill give the Secretary unrestricted authority topublish, disclose, distribute, and otherwise use any ofthe material prepared in connection with this grant• 

## •

# . f. Itwill grant the Secretary lht. right to disapprove the Spcnsoe" employment ofspecific consultanta

and their subcontractors to do

# anor anypart ofthis project aswell as the right to disapprove the proposed scope and cost ofprofessional services, g. Itwill grant the Secretary the right to disapprove' the use ofthe sponsor's employees to do allor any pout ofthe project, h. Itunderstands and agrees that the Secretary's approval ofthis project grant or the Secretary's 

### approval ofanyplanning material developed as

### pan o[

### thi.tiSlant docs not constitute or imply any assurance or commitn1cnt OD the part ofthe Secretary to approve anypending or future application for $Federal airport grAnt. 

### 1'. OpllratloD and 

### Maiutenance.
il. 

### Itwill suitably operate and maintain the airport and allfacilities 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 ofthe airport, other than facilities owned or controlled by the United Stafl."."l, shaD be operated at alltimes in asafe and serviceable condition and inaccordance with the minimum standards as may be required orprescribed by applicable Federal, state and local agencies formaintenance and operation. Itwillnot tawse or permit any activity or action thereon which would interfere 

### wiLL.its U5C for airport purposes, XI1 .furtherar'l~~ofthis assurance, the sponsor willhave in effect at alltimes 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 ofany 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.ll be construed as J:1':t)uiriog tbe maintenance, Page6 of 11

Fax frolll 3187256849 84/87/88 16:43 Pg: 1604/07/2008 13:05 310725584'3 FAA LA>< ADO PAGE 17



### repair, restoration. 

### Orreplacement ofanystructure orfacilitywhichissubstantially damaged 

### or destroyed due to an act 

### ofGod 

### orother condition orcircumstance beyond the 

### control ofthe sponsor. 

### b. Itwillsuitably operate andmaintain noise compatibility program items that itowns or controls upon

### whichFederal 

### fundshavebeen expended. 20. Hazard Removal and Mitigation. 

### Itwill

### take appropriate action to assure that 

### such terminal airspace as is required to protect instrument and visual 

### operations to theaitport(including established minimum flight altitudes) willbe 

### adequately cleared andprotected 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

### willtake appropriate action, including the adoption ofzoning Jaws, to 

### the extent reasonable, 

### torestrict tbe usc ofthe land adjacent 

### to or

### inthe 

### immediate vicinity ofme 

### airport to activities and purposes compatible withnormal airport operations, including landing and takeoff of Wn.;.lcUt. III addition, 

### ifthe project if.for noise compatibility program implementation, 

### itwill not cause or 

### permit any change inland usc, within itsjurisdiction, that willreduce the compatibility, with respect to the airport, ofthe noise compatibility program measures upon whichFederal funds have been expended. 22. 

### Economic: NondiSttiminatioD. D. 

### It

### v.iUmake its airport available asanairport forpublic USe

### onfair and reasonable 

### terms and without unjust discrimination, 

### to alltypes, kinds, 

### and classes ofaeronautical uses. b. In 

### any agreement, contract, lease 

### orother arrangement under 

### which a

### right orprivilege at the 

### airport isgranted to any person, finn, orcorporation 

### toconduct or 

### engage in any aeronautical activity for furnishing 

### services to

### the pubuc atthe airport, the :ipOJl:;,or mJl in:5crt 

### and eDioree 

### provisions requiring the contractor to- (1) 

### furnish said services on a

### fair, equal, and 

### notunjustly discriminatory basis to 

### all users 

### thereof and (2) charge fair, reasonable, and notunjustly discriminatory prices fo:reach unit or service, provided, that the contractor maybe allowed tomake reasonable and nondiscriminatory discounts, rebates, orother similar types ofpricereductions to volume purchasers,

c. EIlch fumd based operate •.at any a;l'port owned 

### bythe sponsor shall be 

### subject to the same rates, fees, rentals, and other charges asare uniformly applicable toall other fixed-based operators making the same or 

### similar uses ofsuch airport and utilizing 

### the same orsimilar facilities. d, 

### Each air carrier using such.airport shall have theright to service itself OT

### to use any fixed-based operator t.hal:

### isauthorized orpermitted by

### theairport 

### toserve 

### anyair

### carrier atsuchairport.
e. Each air carrier using such airport (whether asatenant, nontenant, 

### or subtenant 

### ofanother 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 

### tofacilities directly and substantially related toproviding airtransportation asare applicable to aUsuch air carriers whichmake similar usc ofsuch airport and whichutilize 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~:~onSlhly withheld byanyairport provided 

### an air carrier assumes obligations substantially similar to.those already imposed on air carriers in such 

### classifications or status. 

## r. Itwillnot exercise 

### or grant 

### any right 

### orprivilege which operate.') toprevent anyperson. farm, or corporation operatioe aircraft onthe airport from pcrformiDg any services on its own aircraft withits ownemployees (iecluding, 

### but not limited tomaintenance, repair, and fueling) that it

### may choose to perform. Page '/ of 11

Fax 

### frolll 3187256849 84/87/88 16:43 Pg: 1704/07/2008 13:05 3107255849 

### FAA LAX ADO PAGE 18



### g. In the 

### event the 

### sponsor itselfexercises anyofthe

### rights and privileges reterred luiJ.,this 

### assurance, the 

### services involved willbeprovided onthesame conditions aswould apply to 

### the furnishings of

### such ~~·vkc;.., by contractors or concessionaires 

### ofthe sponsor under these 

### provisions. h. The sponsor may establish such fair, 

### equal, and

### notunjustly discriminatory conditions to bemet 

### by all users ofthe airport as 

### maybe necessary for 

### the sate and cffi"i,eut operation ofthe airport. i. The spouscr may prohibit orlimit 

### anygin:11 

### type,kind, or

### class of

### aeronautical use 

### ofthe 

### airport if.such action is

### necessary for the safe 

### operation oftheairport 

### ornecessary to 

### serve the civil avilitiUJ~ 

### needs ofthe public.
.. 23. Exclusive Rights. It will

### permit no exclusive

### right forthe usc ofthe airport 

### by any 

### persons providing. nTintcndini to 

### provide, aeronautical services 

### to the public. For purposes 

### ofthis paragraph, the 

### providing of services at 

### an airport by a

### single fixed-based operator shallnot be construed ea a.tI exd.ueiveright if 

### both ofthe 

### foUowi».gapply:

1

### , a. It

### would be nnreasonably costly, 

### burdensome, or

### impractical formore 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 ofspace 

### leased pursuant 

### toan existing 

### agreement between such single-based operator and 

### such airport.
. It fwther agrcc:! that 

### itwill DOt, either ttifectly or

### indirectly, ~ant or

### permit any

### person, fum or 

### corporation the exclusive right at

### the airport, orat

### anyother airport nowowned or controlled byit,to conduct anyaeronautical activities, including, 

### butnot 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, saleofaviation 

### petroleum products whether 

### or not 

### conducted in 

### conjunction with 

### other aeronautical activity,repair andmaintenance ofaircraft, sale ofaircraft parts, and any 

### other activities which 

### because oftheir direct 

### relationship to 

### the operation of

### aircraft can be rcgaeded 

### as an aeronautical activity, 

### and that 

### itwill

### terminate anyexclusiveright toconduct an aeronautical 

### activity DOW 

### existing at 

### such an airport "-cfore the grant ofany

### assistance under theAirport andAirway Improvement 

### Actof 1982 .24. Fee nnd Rental Structure. Itwillmaintain afeeand rental 

### structure conaiattmt 

### with AS5ur~nce

### 22and 23, 

### forthe facilities 

### and services 

### being provided the 

### airport users which

### winmake the 

### airport as selfsu::.taiWnga.spOB3ible UQdm' the drro:m.~tllncesexisting 

### atthe particular 

### airport, taking into 

### account such factors asthe volume oftraffic and economy 

### ofcollection. Nopart ofthe Federal share ofan airport development, airport planning or noise compatibility project for

### which agrant ismade under the Airport and 

### Airway hnprovement Act

### of 1982,

### theFederal Airport Act 0•.• the Ajrport and 

### AirwaVDevelopment Act of 1970shallbe included inthe rate base in

### establishing fees, rates, and charges lor users ofthat airport. 

### 25. 

### Airport Revenue. 

### Ifthe airport isunder the control ofapublic agency, all

### revenues generated bythe airport 

### and any luWl! taxct; 

### on aviation 

### fuel establl!::lled

### afterDecember 30. 1987, 

### willbe espeadcd byitfor the capital or operating costs ofthe 

### airport; the 

### local airport system; or other local facilities which 

### are owned or 

### operated bythe owner or operated bythe owner oroperator ofthe airport and directly 

### and substantially related to the actual air

### transportation ofpm;~ugcr~ or proptmy; or for noiBtl

### mitigation purposes 

### onor offthe airport. Provided, however, that if

### covenants or assurances 

### indebt obligations i$sucdbefore September 3, 

### 1m,bythe 

### owner or 

### operator ofthe 

### airport, orprovisions enacted before 

### September 3, 1982, ingoverning statute 

### controlling the 

### owner or operator's 

### fuumcing, provide fOl 

### the W1C 

### ofthe revenues from anyo.fthe airport 

### owner oroperator's facilities, including the airport, to support not onlythe airport but also £heairport owner oropcrater's general debt obligllbOns 

### or other fa<:i1ities,then this limitation on the use ofallrevenues generated 

### bytheairport (and, in.the case ofthe public airport, local taxes on aviation fuel) shall not apply.

### Page 8 of 11

Fax fro'" 3187256849 84/87/88 16:44 Pg: 1804/07/2008 13:05 3107256849 

### FAA LAX ADO PAGE 19

26. Reports and Inspections. It willsubmit to the Seerctary such annual 01'lIpecinlfi:tl~cilll and operations reports as the Secretary way reasonably request. Areport ofthe Airport budget will be available to the public atreasonable 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 ofthe Secretary UlJO.u rca:;onllblc request, For noise compatibility program projects, 

### it

### will alsomake records 

### and documents relating to the

### project and continued compliance 

### with terms, conditions, and assurances ofthe graot agreement 

### including deeds, leases, agreements, regulations, and other instruments, available for inspection byany duly authorized agent ofthe Secretary upon reasonable Tel.{uest, 27. U~e-

## orGovp.rhmr.nt Aircraft. 

### Itwillmake available all

### ofthe facilities 

### ofthe airport developed 

### with Federal financial assistance and allthose usable for landing and takeoff ofaircraft to the United States for 

### use by Government aircraft in common with other aircraft 

### at an times without 

### charge, except, 

### ifthe 

### use byGovernment aircran Issulzstautial, ~biUgcmay be made for areasonable share, proportlona! tn such usc, for the cost of operating and maintaining thofacilities used. Unless otherwise determined bythe Secretary, or otherwise agreed to

### bythe sponsor and the using agency, substantial use ofan airport 

### by Government aircraft willbe considered to existwhen operations ofsuch aircraft are in excess of those which, in the opinion ofthe Secretary, would unduly interfere with use ofthe landing areas by other authorized aircraft, or duriT.tg l\ny ealendar month that-



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

thereto; or'
. b. The total number ofmovements (counting each landing asamovement) ofGovernment aircraft is 300

### ormore, or the gross accumulative weight of

### Government aircraft using the airport (the total movements ofGovernment aircraft multiplied bygross weights ofsuch aircraft) ls in CXCCS3 offive million pounds. 28. Land for Federal Facilities. Itwillfurnish without cost

### to the Federal Government for use in connection with any airtraffic control or airnavigatlon actlvities, ur weathc:c-rc:potting and ~ommuD.ieation activities related to air traffic control, any areas ofland orwater, or estate therein, orrights in buildings ofthe sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense 

## ofspace or facilities for such purposes. Such areas or

### any portion thereof willbe made available asprovided herein within four months after .rcceipt ofawritten request from the Secretary. 29. Airport Layout Plaa
a. It willkeep up to date at alltimes anairport layout plan ofthe airport showing (1) boundaries of airport and all proposed additions thereto, together with the boundaries ofall offsite areas owned or controlled 

### by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature ofall existing and proposed 

### airport facilities and structures (such as

### runways, taxiways, aprons, terminal builUingll, hangars and roads), including Gl1 proposed extensions and reductions ofexisting airport facJ1ities; and (3) the location ofallexisting and proposed nonaviation areas and of all existing improvements thereon, Such airport layout plan and each amendment, revision, ormodification thereof, shall be subject to the approval ofthe Secretary 

### whid1 a.pproval shall be evidenced by the signature of a duly authorized representative ofthe Secretary 011the face ofthe airport layout plan. The 3p0D50r will not make or pennit anychanges or alterations inthe airport or inany ofits facilities which are 

### not in conformity with the airport layout plan as approved 

### bythe Secretary and which. 

### might, in the opinion ofthe Secretary, adversely affect the safety, utility. or

### efficiency of

### the airport, b. Ifachange or alteration inthe airport or its facilities ismade which the Secretary determines ad~l'l;~ly affects the safety, utility, orefficiency 

### Qfany federally owned, leased, or funded property on or offthe airport and which isnot inconformity with the airport layout plan as approved bythe Secretary, the owner or 

### operator will,

### ifrequested 

### by the Secretary (1) eliminate such adverse effect in a lIIil,l.111Cr

approved by the Sccrctnry; or (:.1) bear all COEt& ofreloc.aW1@such prnperly (or replacement thereof) to a site acceptable to the Secretary and all costs ofrestoring such property (or replacement Page9 of 11

Fax froll'l 

### 3HI72S&849 84/87/88 1&:44 Pg: 1904/07/2008 13:05 3107256849 FAA LAX ADO PAGE 20

thereof) to the level ofsafety, utility, 

### etr1clcncy, a,nucost ofopcrQtiol1 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 

### ofrace, 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 

### isextended to 

### the program, except 

### where Federal financial assistance is

### toprovide, orisinthe form ofpersonal property or real property or interest therein or structures or improvements thereon, inwhich case theassurance obligat~ tb" sponsor or any transferee 

### for the longer ofthe following periods: (a) the period during which 

### the property is used for 

### a purpose forwbi~hFederal financial 

### as 

### ssistanceisextended, 

### 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 ofLand.

1

# . a. For land purchased under ag"ant for airport noise cOJD.patibitity purposes, itwill, when the land is

no longer needed for such.purposes, dispose ofsuch land atfair market value at the earliest practicable time. That portion oftheprot:•• p.!ic; ofsuch disposition 

### which isproportionate 

### to the United 

### States share ofacquisition ofsuch land will,atthe discretion ofthe 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 agrant 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 tothe 

### Secretary ar.iamount equal to the United States proportionate share ofthe fair mlU"kN valu••. ofthe land. That portion ofthe proceeds of such disposition, wbich is proportionate to the United States share ofthe cost ofacquisition ofsuch land will, (a) upon 

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

### bythe Secretary atthat airport orwithin the national airport systr.m, 01' (b) be paid to the Secretary for deposit in the Trust Fund 

### ifno such eligible project' exists. 

### (2) Land shall 

### be considered to be needed forairport purposes under this assurance 

### if (a) itmay be needed fur aeronautical 

### purpo$eS (including runway protection zone) or serves as noise buffer land, and (b) the revenue from mterim uses ofSllr.hland contributes to the financial self-sufficiency ofthe airport. Further, land purchased with agrant received 

### byan airport operator or owner before December 

### 31. 1987. willbe considered to be needed for airport purposes ifthe Secretary or the Federal agency making such grant before December 31, 1987, was notified by the operator or own!'! rof the use ofsuch 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 ofsuch land under (a) OJ:' (b) willbe subject to the retention or reservation ofany 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 ofthe airport. 

### 32. Engineering and D~ign Services. Itwillaward 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 

### inthe S8JJle 

### manner asacontract for architectural and engineering services isnegotiated 

### under 

### title IX of

### the Federal Property 

### and

### Administrative Services Act of 1949 or an equivalent 

### qualificationsbased requirement prescribed fororby 

### [hespomJorottheairpon, 33. Foreign Market Restriction'J. Itwillnot allow funds provided under this grant tobe used to fund any project 

### which uses any product or service ofaforeign country during 

### the period in which suen foreigD. country is listed bythe United States Trade Representative as denying fair and equitable market opportumucs tor products and Iluppllcrs ofthe United Statec in p';Qcurer:nent and construction.
rage 10 of 11

Fax frolll 3187256849 84/87/88 16:45 Pg: 2804/07/2008 13:05 3107255849 

### FAA LAX ADO PAGE 21

34. PDlicies, Standards, and Speclfil:JltioDS. Itwill carry out the project 1Jlaccordance with policies, standards, and specifications approved 

### bythe Secretary including but not limited [0the advisory circulars listed in the Current FAA. Advisory C-ircularsforAIP Projects. dated Jun.e 1.1994 and included in this grant, and in accordance with applicable state policies, 

### standards, and specifications approved 

### bythe 

### Secretary.

•, 35. Relocation and Real Property Acquisition. (1) It willbe guided inacquiring real 

### property, to the

greatest extent practicable under State law,

### by the land acquisition policies inSubpart B of49 CPR Part 24 and willpayor reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide arelocation assistance program offering the services desCiihed inSubpart C and fair and reasonable relocation payments and l\3:3Cltnnce to displaced persons as required inSubparts 

## n and E of49 CFR Part 24. (3) It will make available within areasonable period oftime prior to displacement comparable replacement dwellings to displaced persons in accordance with Subpart E of49 

### CFR Part 24. 36. Drug-Free Workplace. Itwillprovide adrug-free workplace atthe site ofwork specified in the gl"aJlt :'Ipp1it'~rinn in accoedancc with 49CFR Part 29by (1) publis~ astatement notifying its employees that the unlawful manufacture, distnbution, dispensing, possession or use ofacontrolled subgtanee is prohJbiccd in the sponsor's workplace and specifying the actions that willbe taken against its employees for viulatiuu ofsuch prohibitions; (2) C3tabllilhing 11drug.free II.wnrenElGG program to infonn its employees about the dangers ofdrug abuse inthe workplace and any available drug counseling, rehabilitation, and employees assistance programs; (3) notifying the FAA within ten (10) 

### days after receiving notice ofan employee criminal drug statute conviction fOTaviolation occurring in the workplace; and (4) maJdng a good faith effort to maintaia adrug-free workplace.

Page 11 of 11
Fax frolll 3187256849 84/87/88 16:45 

### Pg: 21Fax frolll

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 andLighting 

### CHGl&2 

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



### GrantProtects 150/5210-5l3 P";"hftll' 

### MadoD9.: and r;..•.•• t;••.••. 

### ofVehicles Used on an 

## . 150J5210-7B 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 forInteractive TrainiW!!ofAirnort Personnel 

### 15O/52204B Water Sueolv SYStems

### forAircraft 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 SyStemsforNonFederal Aoolications 150/5:?20 17A n....~~ Stw:ulurdG 

### forAirct'3ft 

### ~uo Pi ..••. Trai.DimrFacilities 

### lSO/S220-18 Buildings for Storage and Maintenance ofAirport Saow and Icc Cottttol Equipment and.Materials 

### 15O{5220-19 Guide Specification forSmall, 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 DesismofAiraaft 

### Deicinz Facilities 150/5300-15 Use ofValue

- for Enzineerinz Desim 

### ofAirnort Grant Proiects 150/5320-5B AirDort Draiaaze 

### 150/53204: Airport Pavement Design and 

### E'faluatioo CQG1&2 

### 150/5320-128 Measurement, Construction, and Maintenance ofSkid Resistant Airport



### Pavement Surfaces 1.50/5320-14 

### Aimort Landscapme: forNoise Control 

### 150/S32S-4A Runway Length Requirements forAirport 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 forNonFAA Airport Lillhn.D2 SYStems 150/5340-18C Standards for

### Airport Sign Systems CHOl

3187256849 84/87/88 16:45 Pg: 22Fax froll'l

04/07/2008 13:05 3107255849 FAA LAX ADD PAGE 23



# . . Taxiwav Centerline Liiilit:irmSvstem ... 

### 150 5340~19 150 5340-21 Airoort Miscellaneous Li2btiolt Visual Aids 150 5340-23B 

### Sunetemeata] Wmd Cones 150/5340-24 Runway and TaxiwayEdge Ligltting System CHGt 150 5340-27A Air-eo-Ground Radio Control ofAilWrtJ:jahti~~Svstems 150 5345-3D Soedfication 

### forL821 

### Panels for Remote Control 

### ofAimort Lid.ting 1.50 5345-)A Circuit SCleaor Switc;.h 

### 150/5345-70 Specification forL824Underground ElectricalCable forAirport Lighting 

## egG 1 .,.;.,... . --. 

### 150/5345-10£ Soecif cation forCoo.c;tantCurrent Rezulators Rezulator Monitors 150/5345-12C 

### S 

# . tion forAimort and Helioort Beacon l5O/5345-13A Spe¢ifieation for 1.841AmaliaI)' Relay Cabinet AMGmblyfor Pilot Control of



### Aimort Li2bt.in2Cil'cuits 1.50/5345-?liB 

### Specification forL823 PIUR

### and Receptacle, Cable CoDDceton 

### CHGl&2 150/5345-Z1C SOecilkatiOD forWmd Cone Assemblies J-'O/245-28D l"TecislonApptoac:b. Path IAdic:atOl' (11 API) Systems 

### CHGl 15O/5345-39B FAA Spcclfic:atiouL8S3,Runway and TaxiwayCentetline Retrorcflcdive 

### CH01. MarJcers 150/534S-42C Specification forAirport Ught Bases, Transformer Housiup, Junction Boxes CHOl and Accc:asoric=4 

### 15015345~ 

### Soecification forObstruction 1 ;"hhn~

### &Iwnment 

### 150534~~ Soccification forTaxiwav and Runwav SlImS 

### 150 5345-45A J' 

## . t

### Anoroadl Li2ht StrudDre 

### 1SOJ5345-46A S0eci6cation forRunwav andTuiwav 

### Li2htF'vcmres 150J 534s-47A 

### Isolation Tra.m;fOlWCC:S 

### forAit'oort 1 • ~L."':~ :Syst~UJ£ 

### 150/

### 5345-49A Snecification 

### 1.854Radio Control 

### Equipment 150/5341\~50 

### Specification for·Portable Runway Lights CHGl 150/5345-51 Specification forDischarge-Type Flasher Equipment ClIO! 

### 150/5345~52 Generic VISual Glidcslooe Indicators (GVGD 150/5360-9 

### P1arminlr and Pesilm ofAirnort Tc@!~al Facilities atNooHub Locations 150/5360-12 Airnort Si2n.i~ &

### Graphics 150/5360..13 Planning and Design Guidance forAirp~~ Tenninal Facilities CHGl 15O/5370-1£. Oecrational Safety onAirports Durinz Construction 15015370-68 

### f'..cm!ItrUction Prozress 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 ofNondestructive Testing Devices inthe Evaluation ofAirport Pavements CHGl

......

# _-_
.. 

### 150/5370-12 Qualitv Control ofConstruction forAiroort 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 arefourexecuted copies oftheAmendment No.1 togrant agreement No. 3-06- 0239-05 atthe SantaMonica Airport. Thank youforyourcooperation. 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 SectionPage 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 City Manager Title:

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 OFAIRPORT STATE fJ7 

### Santa Monica California



## - LOCATION SITE 

### NUMBER ""Il 

### PROJECTNUMBER 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 IALLOCATION 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 OFl!.NGINI!I!R 3. AJRPO~ I..AYOUTPLAN ---, 4. PlANS ANDSP8CIFlCAnONS I' (UseooC'" InnIDlll.beiOWl 0 R
A. PROJE!C1' APPUCAnON 8/7/91 8120/9~ PLANNEDISSUANCE DATE 119S

# 01ill

# I PLANNEDACCEPTANCE !)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 •• rDRAWINGS RECEIVED ! 2..AuDIT REQUESTED
s. AUDIT IU!I'OI{T RECI!IV!D ;!'lAHT REVIEW COMPLETED 

# I . u: CODESTOBEllSED WHEAl<NOTEC 

# 0 1 •6~ PREPARA'OON 3.UCImMG 5 •DEVELOPMENT Z·PAVING ".8U1lDING • ·RPZLAND SEHIHDSCHEDULE 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 PagesNOW 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 prescrLbed in writing by the FAA.

27. 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.

312. 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

_______ day of September



### 30 , 1991.

(SEAL) City of Santa Monica, California Name of Sponsor 

# U~· By:



### Title: 

## ~J~~ 

# (!I

# T)! {!/



# e~

# tf Title: Ci ty Manager Attest:

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

____ day of October 1 

### , 1991.

Signature of Sponsor,s Attorney 5PART V ASSURANCES Airport Sponsors October 1, 1990

A. General 1. These assurances shall be complied with inthe performance ofgrant agreements for airport development, airport planning, and noise compatibility program grants to airport sponsors. 2. These assurances are required to be submitted as part ofthe project application by sponsors requesting funds under the provisions ofthe Airport and Airway Improvement Act of 1982, as amended bythe 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 ofapublic-use airport; and the term sponsor includes public agency sponsors and private sponsors. 3. Upon acceptance ofthe grant offer bythe sponsor, these assurances are incorporated inand become part ofthe grant agreement. B. Duration and Applicability. 1. Airport Development or Noise Compatibility Program Projects Undertaken bya Public Agency Sponsor. The terms, conditions and assurances ofthe grant agreement shall remain infull force and effect throughout the useful life ofthe facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life ofthe project items installed within afacility under anoise compatibility program project, but inany event not to exceed twenty (20) years from the date ofthe acceptance ofagrant offer of Federal funds for the project. However, there shall be no limit on the duration ofthe assurance against exclusive rights or the terms, conditions, and assurances with respect to real property acquired with Federal funds. Furthermore, the duration ofthe CivilRights assurances shall be as specified in the assurance. 2. Airport Development or Noise Compatibility Program Projects Undertaken bya Private Sponsor. The preceding paragraph 1also applies to aprivate sponsor except that the useful life ofproject items installed within afacility or the useful life offacilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date ofthe acceptance ofFederal aid for the project. 3. Airport Development or Noise Compatibility Program Projects Undertaken bya Sponsor. Unless otherwise specified inthe grant agreement, only Assurances 1,2,5,6, 13, 18,30,32,33, 34, and 36in Section C apply to planning projects. The terms, conditions, and assurances ofthe grant agreement shall remain infull force and effect during the life ofthe project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It willcomply with all applicable Federal laws, regulations, executive orders, policies, guidelines and requirements as they relate to the application, acceptance and use ofFederal 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

-29U.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

- 16U.S.c. 470(£).1/ g. Archeological and Historic Preservation Act of 1974

- 16U.S.c. 469through 469c.1/ h. Flood Disaster Protection Act of 1973

-Section 102(a)

-42 U.S.c. 4012a.1/ 

### i, Rehabilitation Act of 1973

-29U.S.c. 794. 

### j. Civil Rights Act of 1964

-Title VI

-42U.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

-42U.S.c. 6101, et seq. m. Architectural Barriers Act of 1968

-42U.S.c. 4151, et seq.1/ n. Airport and Airway Improvement Act of 1982, as amended 49U.S.c. 2201, et seq. o. Powerplant and Industrial Fuel Use Act of 1978

-Section 403

-2U.S.c. 8373.1/ p. Contract Work Hours and Safety Standards Act

-40U.S.C. 327,et

### seq.I/ q. Copeland Antikickback Act

- 18U.S.c. 874.1/ r. National Environmental Policy Act of 1969

-42U.S.c. 4321, et seq.1/ s. Endangered Species Act

- 16U.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 ofFederal 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 inFederally-Assisted Programs ofthe Department of Transportation-Effectuation ofTitle VI ofthe Civil Rights Act of 1964. c. 49 CFR Part 23

-Participation byMinority Business Enterprise inDepartment 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 ofHandicap inPrograms 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 ofPublic Works Contracts to Suppliers ofGoods and Services of Countries That Deny Procurements Market Access to U.S. Contractors. h. 29 CFR Part 1- Procedures for Predetermination ofWage Rates.1/ 1. 29 CFR Part 3

- Contractors or Subcontractors on Public Buildings or Public Works Financed inWhole or Part byLoans 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. 14CFR Part 150

-Airport Noise Compatibility Planning.

2Oflice ofManagement and Budget Circulars


### a. A-87

-Cost Principles Applicable to Grants and Contracts with State and Local Governments.J/ A-I28

-Audits ofState 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 18and OMB Circular A-87 contain requirements for State and local government receiving Federal assistance. Any requirements levied upon State and local governments bythis 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 ingrant agreements by any ofthe above laws, regulations or circulars are incorporated byreference in the grant agreement. 2. Responsibility and Authority ofthe Sponsor.

a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that aresolution, motion or similar action has been duly adopted or passed as an official act ofthe applicant's governing body authorizing the filing ofthe application, including allunderstandings and assurances contained therein, and directing and authorizing the person identified as the official representative ofthe applicant to act in connection with the application and to provide such additional information as may be required.
. b. Private Sponsor: Ithas legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances ofthis grant agreement. It shall designate an official representative and shall inwriting direct and authorize that person to filethis application, including all understandings and assurances contained therein; to act inconnection 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 ofthe project costs which are not to be paid bythe United States. Ithas sufficient funds available to assure operation and maintenance ofitems funded under the grant agreement which itwill own or control. 

### 4. GoodTitle

a. It holds good title, satisfactory to the Secretary, to the landing area ofthe airport or site thereof, or willgive assurance satisfactory to the Secretary that good title willbe required. b. For noise compatibility program projects to be carried out on the property ofthe sponsor, it holds good title satisfactory to the Secretary to that portion ofthe property upon which Federal funds willbe expended or willgive assurance to the Secretary that good title willbe obtained.



### 3

### 5. Preserving RightsandPowers.

a. It will not take or permit any action which would operate to deprive itofany ofthe rights and powers necessary to perform any or allthe terms, conditions, and assurances in the grant agreement without the written approval ofthe Secretary, and willnot actpromptly to acquire, extinguish or modify any outstanding rights ofothers which would interfere with such performance bythe sponsor. This shall be done inamanner acceptable to the Secretary. 

### b. It will not sell, lease, encumber or otherwise transfer or dispose ofany part ofits title or other interests inthe property shown on Exhibit A to this application or, for anoise compatibility program project, that portion ofthe property upon which Federal funds have been expended, for the duration ofthe terms, conditions, and assurances inthe grant agreement without approval bythe Secretary. 

### Ifthe transferee isfound bythe Secretary to be eligible under the Airport and Airway Improvement Act of 1982to assume the obligations ofthe 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 ofthe sponsor's interest, and make binding upon the transferee, all ofthe terms, conditions and assurances contained in this grant agreement.

c. For all noise compatibility program projects which are to be carried out byanother unit of local government or are on property owned by aunit oflocal government other than the sponsor, itwillenter into an agreement with the government. Except as otherwise specified bythe Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to itifitapplied directly to the FAA for agrant to undertake the noise compatibility program project. That agreement and changes thereto, must be satisfactory to the Secretary. It willtake steps to enforce this agreement against the local government ifthere issubstantial non-compliance with the terms ofthe agreement. . d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner ofthe property which includes provisions specified bythe Secretary. Itwilltake steps to enforce this agreement against the property owner whenever there issubstantial non-compliance with the terms ofthe agreement.


### e. Ifthe sponsor is aprivate sponsor, itwilltake steps satisfactory to the Secretary to ensure that the airport willcontinue to function as apublic-use airport in accordance with these assurances for the duration ofthese assurances. f. Ifan arrangement ismade for management and operation ofthe airport by any agency or person other than the sponsor or an employee ofthe sponsor, the sponsor willreserve 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 and assurances in the grant agreement and shall insure that such arrangements also requires compliance therewith. 6. Consistency with Local Plans. The project isreasonably consistent with plans (existing at the time ofsubmission ofthis application) ofpublic agencies that are authorized bythe State in which the project islocated to plan for the development ofthe area surrounding the airport. For noise compatibility program projects, other then land acquisition, to be carried out on property not owned bythe airport and over which property another public agency has land use control or authority, the sponsor shall obtain from each such agency awritten declaration that such agency supports that project and the project isreasonably consistent with the agency's plans regarding the property.

47. Conslderation with Local Interest. Ithas given fair consideration to the interest ofcommunities in or ncar which the'project may be located. 8. Consultation with Users. In making adecision to undertake any airport development project under the Airport and Airway Improvement Act of 1982,ithas undertaken reasonable consultations with affected parties using the airport atwhich project isproposed. 9. Public Hearings. In projects involving the location ofthe airport, an airport runway, or amajor runway extension, ithas afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects ofthe airport or runway location and its consistency with goals and objectives ofsuch planning as has been carried out bythe community. It shall, when requested bythe Secretary, submit acopy ofthe transcript ofsuch hearings to the Secretary. 10. Air and Water Quality Standards. In projects involving airport location, amajor runway extension, or runway location itwillprovide for the Governor ofthe state inwhich the project is located to certify inwriting to the Secretary that the project willbe 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 bythe Administrator ofthe Environmental Protection Agency, certification shall be obtained from such Administrator. Notice ofcertification or refusal to certify shall be provided within sixty (60) days after the project application has been received bythe Secretary. 11. Local Approval. In projects involving the construction or extension ofany runway at any general aviation airport located astride aline separation two counties within asingle state, ithas received approval for the project from the governing body ofallvillages incorporated under the laws ofthe state which are located entirely within fivemiles ofthe nearest boundary ofthe airport. 12. Terminal Development Prerequisites. For projects which include terminal development at a public airport, ithas, on the date ofsubmittal ofthe project grant application, allthe safety equipment required for certification ofsuch airport under section 612 ofthe Federal Aviation Act of 1958 and allthe security equipment required byrule ofregulation, and has provided for access to the passenger enplaning and deplaning area ofsuch airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Recordkeeping Requirements.

a. It shall keep allproject accounts and records which fullydisclose the amount and disposition by the recipient ofthe proceeds ofthe grant, the total cost ofthe project inconnection with which the grant isgiven or used, and the amount and nature ofthat portion ofthe cost of the project supplied byother sources, and such other financial records pertinent to the project. The accounts and records shall be kept inaccordance with an accounting system tha will facilitate an effective audit inaccordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General ofthe United States, or any oftheir duly authorized representatives, for the purpose ofaudit and examination, any books, documents, papers, and records ofthe recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted byarecipient. In any case in which an independent audit ismade ofthe accounts ofasponsor relating to the disposition ofthe proceeds ofagrant or relating to the project inconnection with which the grant was given or used, itshall file acertified copy ofsuch audit with the CompLroller General ofthe



### 5United States not later than six(6) months following the close ofthe fiscal year forwhich the audit was made. 14. Minimum Wage Rates. It shall include, inallcontracts in excess of$2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates ofwages, to be predetermined bythe Secretary ofLabor, 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 inproposals or bids for work. 15. Veteran's Preference. It shall include, in allcontracts for work on anyprojects funded under the grant agreement which involve labor, such provisions as are necessary to insure that, inthe employment oflabor( except inexecutive, administrative, and supervisory positions), preferences shall be given to veterans ofthe Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) ofthe Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work towhich the employment relates. 16. Conformity to Plans and Specifications. Itwillexecute the project subject to plans, specifications, and schedules approved bythe Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement ofsite preparation, construction, or other performance under this grant agreement. Any modifications to the approved plans, specifications, and schedules shall also be subject to approval bythe Secretary and incorporation into the grant agreement. 17. Construction Inspection and Approval. Itwillprovide 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 bythe Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval bythe Secretary and such work shall be in accordance with regulations and procedures prescribed bythe Secretary. Such regulations and procedures shall require such cost and progress reporting bythe sponsor or sponsors ofsuch projects as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects:

a. It willexecute the project inaccordance with the approved program narrative contained in the project application orwith modifications similarly approved. b. Itwillfurnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.

c. It willinclude in allpublished material prepared in connection with the planning project a notice that the material was prepared under agrant provided bythe United States. d. It willmake such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright inthe United States or any other country.

e. It willgive the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any ofthe material prepared inconnection with this grant.



### 6f. It will grant the Secretary the right to disapprove the Sponsor's employment ofspecific consultants and their subcontractors to do all or any part ofthis project as well as the right to disapprove the proposed scope and cost ofprofessional services. g. It will grant the Secretary the right to disapprove the use ofthe sponsor's employees to do all or any part ofthe project. h. It understands and agrees that the Secretary's approval ofthis project grant or the Secretary's approval ofany planning material developed as part ofthis grant does not constitute or imply any assurance or commitment on the part ofthe Secretary to approve any pending or future application for aFederal airport grant. 19. Operation and Maintenance.

a. It will suitably operate and maintain the airport and allfacilities 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 bythe Secretary. The airport and all facilities which are necessary to serve the aeronautical users ofthe airport, other than facilities owned or controlled bythe United States, shall be operated at alltimes in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed byapplicable Federal, state and local agencies for maintenance and operation. It willnot eause or permit any activity or action thereon which would interfere with its use for airport purposes. In furtherance ofthis assurance, the sponsor willhave ineffect 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 ofany condition affecting aeronautical use ofthe 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 ofany structure or facility which issubstantially damaged or destroyed due to an act ofGod or other condition or circumstance beyond the control ofthe sponsor. b. It will suitably operate and maintain noise compatibility program items that itowns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It willtake appropriate action to assure that such terminal airspace as isrequired to protect instrument and visual operations to the airport(including established minimum flight altitudes) willbe adequately cleared and protected byremoving, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation offuture airport hazards. 21. Compatible Land Use. Itwilltake appropriate action, including the adoption ofzoning laws, to the extent reasonable, to restrict the use ofthe land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff ofaircraft. In addition, ifthe project isfor noise compatibility program

7implementation, itwillnot cause or permit any change inland usc, within itsjurisdiction, that willreduce the compatibility, with respect to the airport, ofthe 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 ofaeronautical uses. b. In any agreement, contract, lease or other arrangement under which aright or privilege at the airport isgranted to any person, firm, or corporation to conduct or engage inany aeronautical activity for furnishing services to the public airport, the sponsor willinsert and enforce provisions requiring the contractor to- (I) furnish said services on afair, 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 ofprice reductions to volume purchasers.

c. Each fixed-base operator at any airport owned bythe sponsor shall be subjected to the same rates, fees, rentals, and other charges as are uniformly applicable to allother fixed-based operators making the same or similar uses ofsuch airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or touse anyfixedbased operator that is authorized orpermitted bythe airport to serve any air carrier at such airport.

e. Each air carrier using such airport (whether as atenant, nontenant, or subtenant ofanother 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 ofsuch 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 willnot 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 itmay choose to perform. g. In the event the sponsor itself exercises any ofthe rights and privileges referred to inthis assurance, the services involved willbe provided on the same conditions as would apply to the furnishings ofsuch services bycontractors or concessionaires ofthe sponsor under these provisions. h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by allusers ofthe airports as may be necessary for the safe and efficient operation of the airport.


### 8l, The sponsor may prohibit or limit any given type, kind, or class ofaeronautical usc ofthe airport ifsuch action isnecessary for the safe operation ofthe airport or necessary to serve the civil aviation needs ofthe public. 23. Exclusive Rights. It willpermit no exclusive right for the usc ofthe airport byany persons providing, or intending to provide, aeronautical services to the public. For purposes ofthis paragraph, the providing ofservices at an airport byasingle fixed-based operator shall not be construed as an exclusive right ifboth ofthe following apply:

a. It would be unreasonably costly, burdensome, or impractical for more than one fixedbased operator to provide such services, and b. Ifallowing more than one fixed-based operator to provide such services would require the reductions ofspace leased pursuant to an existing agreement between such singlebased operator and such airport. It further agrees that itwillnot, either directly or indirectly, grant or permit anyperson, firm or corporation the exclusive right at the airport, or at any other airport now owned or controlled byit, 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 ofaviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance ofaircraft, sale ofaircraft parts, and any other activities which because oftheir direct relationship to the operation ofaircraft can be regarded as an aeronautical activity, and that itwill terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant ofany assistance under the Airport.and Airway Improvement Act of 1982. 24. Fee and Rental Structure. Itwillmaintain afee and rental structure consistent with Assurance 22 and 23, for the facilities and services being provided the airport users which willmake the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume oftraffic and economy ofcollection. No part of the Federal share ofan airport development, airport planning or noise compatibility project for which agrant ismade under the Airport and Airway Improvement Act of 1982,the Federal Airport Act or the Airway Development Act of 1970 shall be included inthe rate base in establishing fees, rates, and charges for users ofthat airport. 25. Airport Revenue. Ifthe airport isunder the control ofapublic agency, allrevenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987,willbe expended byitfor the capital or operating costs ofthe airport; the local airport system; or other local facilities which are owned or operated bythe owner or operated bythe owner or operator ofthe airport and directly and substantially related to the actual air transportation ofpassenger or property; or for noise mitigation purposes on or offthe airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982,bythe owner or operator ofthe airport, or provisions enacted before September 3, 1982,ingoverning statute controlling the owner or operator's financing, provide for the use ofthe 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 ofallrevenues generated bythe airport (and, in the case ofthe public airport, local taxes on aviation fuel) shall not apply. 26. Reports and Inspections. Itwillsubmit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. For airport development projects, it

9will also make the airport and allairport 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 ofthe Secretary upon reasonable request. For noise compatibility program projects, itwillalso make records and documents relating to the project and continued compliance with terms, conditions, and assurances ofthe grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent ofthe Secretary upon reasonable request. 27. 

### UseofGovernment Aircraft. Itwillmake available all ofthe facilities ofthe airport developed with Federal financial assistance and allthose usable for landing and takeoff ofaircraft to the United States for use byGovernment aircraft incommon with other aircraft at alltimes without charge, except, ifthe use byGovernment aircraft issubstantial, charge may be made for a reasonable share, proportional to such use, for the cost ofoperating and maintaining the facilities used. Unless otherwise determined bythe Secretary, or otherwise agreed to bythe sponsor and the using agency, substantial use ofan airport byGovernment aircraft willbe considered to exist when operations ofsuch aircraft are in excess ofthose which, inthe opinion ofthe Secretary, would unduly interfere with use ofthe landing areas byother 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 ofmovements (counting each landing as amovement) ofGovernment aircraft isthree hundred (300) or more, or the gross accumulative weight ofGovernment aircraft using the airport (the total movements ofGovernment aircraft multiplied by gross weights ofsuch aircraft) isinexcess offive million (5,000,000) pounds. 28. 

### Land forFederal Facilities. It willfurnish 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 ofland or water, or estate therein, or rights inbuildings ofthe sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense ofspace or facilities for such purposes. Such areas or anyportion thereof willbe made available as provided herein within four months after receipt ofawritten request from the Secretary. 

### 29. Airport LayoutPlan

a. It willkeep up to date at alltimes an airport layout plan ofthe airport showing (1) boundaries ofairport and allproposed additions thereto, together with the boundaries ofall offsite areas owned or controlled bythe sponsor for airport purposes and proposed additions thereto; (2) the location and nature ofall existing and proposed facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including allproposed extensions and reductions ofexisting airport facilities; and (3) the location ofall existing an proposed nonaviation areas and ofall existing improvements thereon. Such airport layout plan and each amendment, revision, or modification thereof, shall be subject to the approval ofthe Secretary which approval shall be evidenced by the signature ofaduly authorized representative ofthe Secretary on the face ofthe airport layout plan. The sponsor willnot make or permit any changes or alterations in the airport or inany ofits facilities which are not inconformity with the airport layout plan as approved by the Secretary and which might, inthe opinion ofthe Secretary, adversely affect the safety, utility, or efficiency of the airport. b. Ifachange or alteration in the airport or its facilities ismade which the Secretary determines adversely affects the safety, utility, or efficiency ofany federally owned, leased,

10or funded property on or offthe airport and which isnot in conformity with the airport layout plan as approved bythe Secretary, the owner or operator will, ifrequested bythe Secretary (1) eliminate such adverse effect inamanner approved bythe Secretary; or (2) bear all costs ofrelocating such property (or replacement thereof) to asite acceptable to the Secretary and all costs ofrestoring such property (or replacement thereof) to the levelof safely, utility, efficiency, and cost ofoperation existing before the unapproved change in the airport or its facilities. 

### 30. CivilRights. It willcomply with such rules as are promulgated to assure that no person shall, on the grounds ofrace, creed, color, national origin, sex, age, or handicap be excluded from participating inany 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 isto provide, or isinthe form ofpersonal 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 ofthe following periods: (a) the period during which the property isused for apurpose for which Federal financial assistance isextended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the sponsor retains ownership or possession ofthe property. 

### 31. Disposal ofLand.

a. For land purchased under agrant for airport noise compatibility purposes, itwill, when the land isno longer needed for such purposes, dispose ofsuch land at fair market value at the earliest practicable time. That portion ofthe proceeds ofsuch disposition which is proportionate to the United States share ofacquisition ofsuch 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 asprescribed by the Secretary. b. (1) For land purchased under agrant for airport development (other than noise compatibility purposes, itwill,when the land isno longer needed for airport purposes, dispose ofsuch land at fair market value or make available to the Secretary an amount equal to the United States proportionate share ofthe fair market value ofthe land. That portion ofthe proceeds of such disposition, which isproportionate to the United States share ofthe cost of acquisition ofsuch land will, (a) upon application to the Secretary, be reinvested inanother eligible airport improvement project or projects approved bythe Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund ifno such eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) itmay be needed for aeronautical purposes (including runway protection zone) or serves as noise buffer land, and (b) the revenue from interim uses ofsuch land contributes tothe financial self-sufficiency ofthe airport. Further, land purchased with agrant received by an airport operator or owner before December 31, 1987,willbe considered to be needed for airport purposes ifthe Secretary or the Federal agency making such grant before December 31, 1987,was notified bythe operator or owner ofthe use ofsuch 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 ofsuchlandunder (a) or(b)willbesubjecttotheretention orreservation on any interest or right therein necessary to ensure that such land willonlybe used forpurposes which are compatible with noise levels associated with the operation ofthe airport.

1132. Engineering and Design Services. Itwillaward 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 acontract for architectural and engineering services isnegotiated under title IX ofthe Federal Property and Administrative Services Act of 1949or an equivalent qualifications-based requirement prescribed for or bythe sponsor ofthe airport. 33. Foreign Market Restrictions. Itwillnot allow funds provided under this grant to be used to fund any project which uses any product or service ofaforeign country during the period in which such foreign country islisted bythe United States Trade Representative as denying fair and equitable market opportunities for products and suppliers ofthe United States in procurement and construction. 34. Policies, Standards, and Specifications. Itwillcarry out the project inaccordance with policies, standards, and specifications approved bythe Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars forAlP Projects, dated July 15.1991 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved bythe Secretary. 35. Relocation and Real Property Acquisition. (1) Itwillbe guided inacquiring real property, to the greatest extent practicable under State law,bythe land acquisition policies inSubpart B of49 CFR Part 24 and willpayor reimburse property owners for necessary expenses as specified in Subpart B. (2) It willprovide arelocation 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 of49CFR Part 24. (3) It willmake available within areasonable period oftime prior to displacement comparable replacement dwellings to displaced persons in accordance with Subpart E of49CFR Part 24. 36. Drug-Free Workplace. It willprovide adrug-free workplace at the site ofwork specified in the grant application in accordance with 49 CFR Part 29by (1) publishing astatement notifying its employees that the unlawful manufacture, distribution, dispensing, possession or use ofa controlled substance isprohibited inthe sponsor's workplace and specifying the actions that will be taken against its employees for violation ofsuch prohibitions; (2) establishing adrug-free awareness program to inform its employees about the dangers ofdrug abuse inthe workplace and any available drug counseling, rehabilitation, and employees assistance programs; (3) notifying the FAA within ten (10) days after receiving notice ofan employee criminal drug statute conviction for aviolation occurring inthe workplace; and (4) making agood faith effort to maintain adrug-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 IUS; AS 5100.j
I'lEl"ORT'''IG "'ERIOO AIRPORT DEVELOPMENT RE:GION ADO-T-rN

## I D

## I J PROJECT STATUS REPORT 

## WP SS

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### MONICA 2253.A 3-06-239-03 )ESCRI~TiON 

### Recons~ruct and overlay aircraft 

### parking aprons including 

### markings and ~1e-downs (app rox , 

### 250,000 SF); 

### joint seal Runway 3/21 (approx. 100,000 LF) ; relocate and construct retaining walls (app rox , 2800 

## LF); install medium intensity t"unway lighting 

## (MIRL) on Runway 3/21 

### /lndinstall medium 

### intensity ta:Kiway lighting (~lITL) 

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## "A" and "13" ; 

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### install apron sec'!1rity lighting; -e.nd Qdn~li:t"u£:



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## BOOO LF) 

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A••• l.OCI;TIONS ANO G~ANTS PAVMENTS

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## 0 

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## I A. CONglTIONS B. SATISFACTION



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T Rt:QU!!STEO 

# I

.

### .- 

# . .: REPORT I'lECE:IVEO , T 5'll!.vll;;.", COOol"'I..I;TI!:O 

### I "~~~o e;; USItC iN COI..UMNS IA "'Ne 11A, 

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# I ,V!NG 4,sull.O'NG 6' CLEAF:/ ZONE LAIlIO SCIiEOUI.E ·rm 5100 •.5 le·nl SUF'ERSEO 

### GO GA ftH



### as PREVIOUS EOlilON 

### Phase 6I

### 7, 

# f> [4J

### 004



# (~)

# .f~.

.' 

## ur.Deponment

orIronsportonon 'Federal Aviation Administration 

## (CC5)4554 

# Grant Agreement Part 1 •Offer Approved: OMS No. 2120-0065 

### DateofOffer 

## SEP 23 1985

Santa Monica Munie Airport/PlanningArea ProjectNumber: AIP 3-06-0239-03 ContractNumber: DTFA08-85-20272

To: City of Santa Monica, California (herein calledthe "Sponsor") From: The UnitedStates ofAmerica(actingthroughthe FederalAviationAdministration,herein calledthe "FAA") Whereas, thesponsorhas submittedtotheFAA aProjectApplication

datedJune 7, 1985 •foragrantofFederalfundsfor aprojectatorassociated withthe Santa Monica Municipal Airport/PlanningAreawhichProject Application,as approved bythe FAA,ishereby incorporatedhereinand made aparthereof; and
Whereas, the FAAhas approved aprojectforthe AirportorPlanningArea(hereincalledthe "Project")consisting ofthe 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.

allas more particularlydescribed inthe ProjectApplication.

FAA Form 5100-37 (12-84) Page 1 of 

## 4 pagesNow therefore, pursuant to and fr- the purpose ofcarrying outthe provisions Of tile Airport and Airway Improvement Act of
" "1982, herein called the "Act," and the Aviation Safety and Noise Abatement 

## .tof 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 ofthe 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, asthe United States share ofthe 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 ofthe United States payable under this offer shall be 

### $ 3, 000, 000 •00
. For the purposes ofanyfuture grant amendments which may increase the foregoing maximum obligation ofthe 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 ofthe project shall not include anycosts determined bythe FAAto be ineligible for consideration asto allowability under the Act. 3. Payment of the United States share ofthe 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 bythe sponsor during the grant period shalt bededucted from the total allowable project costs prior to making the final determination ofthe United States share. Final determination of the United States share will be based upon the final audit ofthe total amount ofallowable project costs and settlement will be made forany 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 asthe Secretary shall prescribe, and agrees tocomply 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 beobligated topay any part ofthe costs ofthe project unless this offer has been accepted bythe 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 allsteps, including litigation ifnecessary, to recover Federal funds spentfraudulently, wastefully, or inviolation 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 bythe sponsor that were originally paid pursuant tothis orany other Federal grant agreement. Itshall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. Itshall return the recovered Federal share, including funds recovered bysettlement, order orjudgment, tothe Secretary. Itshall furnish to the Secretary, upon request. alldocuments and records pertaining tothedetermination ofthe amount ofthe Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions ofthe sponsor, incourt orotherwise, involving the recovery ofsuch Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible orliable fordamage toproperty orinjury to persons which may arise from, orbe incident to. compliance with this grant agreement, and the sponsor shall hold the United States harmless from all claims arising from, orrelated to, completion ofthe project orthesponsor's continUing compliance with the terms, conditions, and assurances in this grant agreement.

.Page 2 of 

### 4 pages . FAA Form 5100-37 (12-84)

## 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 cations; 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 ~1onicaAirport 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 PagesThe Sponsor's acceptance ofthis

# Or and ratification and adoption ofthe 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 bythe Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment ofthe 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 ofthe terms and conditions inthis 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 

### California .Further, Ihave examined the foregoing Grant Agreement and the actions taken bysaid Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and thatthe execution thereof isinall respects due and proper and inaccordance with the laws ofthe said State and the Act. In addition, for grants involving projects to be carried out on property not owned bythe 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 

### 4of 

### 4 pages

# PartV-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 ofthe project application bysponsors requesting funds under the provisions ofthe Airport and Airway Improvement Act of 1982ortheAviation Safety and Noise Abatement Act of 1979. As used herein, the term ·public agency sponsor" means apublic agency with control ofapublic-use airport, theterm "private sponsor" means aprivate owner of a public-use airport, and the term "sponsor" includes public agency sponsors and private sponsors. 3. These assurances also are required to besubmitted as part ofthe project application byasponsor which isboth apublic 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 ofthe grant offer bythe sponsor, these assurances are incorporated in and become part ofthe 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 orequipment acquired for an airport development or noise program implementation project, orthroughout the useful life ofthe project items installed within afacility under anoise program implementation project, but inanyevent notto exceed twenty (20) years from the date of acceptance ofagrant offer of Federal funds forthe project. However, there shall be no limit on the duration of the assurance against exclusive rights orthe 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 aPrivate Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within afacility or the useful life of facilities developed orequipment 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 aSponsor. Unless otherwise specified inthe 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 ofthe grant agreement shall remain infull 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. Itwill comply with all applicable Federal laws, regulations, executive orders, policies, guidelines and requirements asthey relate tothe application, acceptance and use of Federal funds forthis project including but not limited tothe following: Federal Legislation a. Federal Aviation Act of 1958 • 49 U.S.C. 1301, 

### etseq. b. Hatch Act - 15 U.S.C. 1501, 

### etsea? c. Federal Fair Labor Standards Act· 29 U.S.C. 201, 

### etseq. d. Davis-Bacon Act· 40 U.S.C. 276(a), 

### etseq. ' e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Titles IIand 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, 

### etseq. ' 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, 

### etseq. k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. 2101, 

### etseq. I. Age Discrimination Act of 1975 • 42 U.S.C. 6101, 

### etseq. 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, 

### etseq. 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, 

### etseq.' 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), 

### etseq.'

, 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 6Executive Orders

Executive Order 12372, Intergovernmental Review of Federal Programs. Federal Regulations a. 49 CFR Part 21 •Nondiscrimination in Federally-Assisted Programs ofthe Department ofTransportation- Effectuation ofTitle 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 orSubcontractors on Public BUildings or Public Works Financed inWhole or Part by Loans orGrants 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 ingrant agreements byany ofthe above laws, regulations orcirculars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: Ithas legal authority to apply for the grant, and tofinance 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: Ithas leqatauthontyto apply for the grant and tofinance and carry out the proposed project and comply with all terms, conditions, and assurances ofthis grant agreement. Itshall designate an official representative, and shall inwriting 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 tothe Secretary. tothe landing area of the airport orsite 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 tothat portion ofthe property upon which Federal funds will be expended orwill give assurance tothe Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. Itwill nottake orpermit anyaction which would operate todeprive itofanyofthe rights and powers necessary to perform any orall 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. Itwill not sell, lease, encumber or otherwise transfer ordispose of any part of its title or other interests in the property shown on Exhibit Atothis application or, for anoise program implementation project. that portion ofthe property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances inthe grant agreement without approval by the Secretary. Ifthe transferee is found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations ofthe 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 areto be carried out byanother urn, _. local government orare on property owned by a unit of local government other than the sponsor. itwill 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 itifitapplied directly tothe FAAforagrant toundertake the noise program implementation project. That agreement and changes thereto must be satisfactory to the Secretary. Itwill 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 becarried out on privately owned property, itwill enter into an agreement with the owner ofthat property which includes provisions specified bythe Secretary. Itwill take steps toenforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. Ifthe sponsor isaprivate sponsor, itwill take steps satisfactory tothe 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. Ifan 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 bythe State inwhich the project is located to plan for the development ofthe area surrounding the airport. For noise program implementation projects, other than land acquisition, to be carried out on property not owned bythe airport and over which property another public agency has land use control orauthority, 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. Ithas given fair consideration tothe 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, ithas undertaken reasonable consultations with affected parties using the airport atwhich the project is proposed. 9. Public Hearings. In projects involving the location ofan airport, an airport runway, oramajor runway extension, ithas afforded the opportunity for public hearings forthe purpose ofconsidering the economic, social, and environmental effects ofthe airport or runway location and its consistency with the goals and objectives ofsuch planning as has been carried out bythe community. Itshall, when requested by the Secretary. submit a copy of the transcript of such hearings to the Secretary. 10. Air and Water Quality Standards. Inprojects involving airport location, amajor runway extension, or runway location itwill 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 airand water quality standards have been promulgated bythe Administrator ofthe Environmental Protection Agency, certification shall beobtained from such Administrator. Notice ofcertification orrefusal 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 ofthe project grant application, all the safety equipment required for certification of such airport under section 612 ofthe 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. Itshall keep all project accounts and records which fully disclose the amount and disposition bythe recipient ofthe proceeds ofthe grant, tha total cost ofthe project in connection with which the grant isgiven or used, and the amount and nature ofthat 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 forFinancial and Compliance Audits ofFederally 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 ofthe 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) Page3016project inconnection with which the 9
.was given orused, itshall file acertified copy 0\ haudit 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 ofwages, to be predetermined bythe 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. Itshall 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) ofthe Airport and Airway Improvement Actof 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. Itwill 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 tothe 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 bythe Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval bythe Secretary and such work shall be inaccordance with regulations and procedures prescribed bythe 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. Itwill furnish the Secretary with such periodic reports as required pertaining tothe planning project and planning work activities. c. Itwill 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. Itwill make such material available for examination bythe 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. Itwill give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any ofthe material prepared in connection with this grant. 1. Itwill grant the Secretary the right todisapprove the sponsor's employment ofspecific 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. Itunderstands and agrees that the Secretary's approval ofthis project grant orthe Secretary's approval of any planning material developed as part ofthis grant does notconstitute or imply any assurance orcommitment on the part ofthe Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. Itwill suitably operate and maintain the airport and all facilities thereon orconnected therewith. with due regard to climatic and flood conditions. The airport and allfacilities which are necessary toserve the aeronautical users ofthe airport. other than fabilities owned orcontrolled bythe United States, shall beoperated atalltimes inasafe and serviceable condition and inaccordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. Itwill 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 4of 6·b. Itwiil suitably operate and maintain noise program implementation items that itowns orcontrols upon which Federal funds have

been expended. 20. Hazard Removal and Mitigation. Itwill adequately clear and protect the aerial approaches tothe 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. Itwill take appropriate action, including the adoption ofzoning laws, tothe extent reasonable, to restrict the use of land adjacent toor inthe immediate vicinity ofthe airport toactivities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, ifthe project isfor noise program implementation, itwill 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. Itwill 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. Inany agreement, contract, lease orother arrangement under which arightorprivilege atthe airport isgranted toany person, firm, or corporation to conduct orengage in any aeronautical activity forfurnishing services tothe public atthe 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) tocharge fair, reasonable, and not unjustly discriminatory prices foreach unit orservice, provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, orother similar types of price reductions to volume purchasers. c. Each fixed-based operator atanyairport owned bythe sponsor shall besubject tothe 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 orto use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each aircarrier using such airport (whether as atenant, nontenant, orsubtenant ofanother aircarrier 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 ofsuch 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 astenant shall not be unreasonably withheld byanyairport provided anaircarrier assumes obligations substantially similar to those already imposed on tenant air carriers. 1. Itwill notexercise orgrant any right orprivilege which operates to prevent any person, firm, orcorporation operating aircraft onthe 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. Inthe event that the sponsor itself exercises anyofthe rights and privileges referred to inthis 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 ofthe 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, orclass ofaeronautical use ofthe airport ifsuch 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 tothe 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) IfclJlowing 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. - Itfurther agrees that itwill not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the airport, oratany other airport now owned orcontrolled byit,toconduct 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 ofaircraft, sale of aircraft parts, and any other activities which because oftheir 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. Itwill maintain afee and rental structure consistent with Assurance 22 and 23, for the facilities and services being provided the airport users which will rncke the airport asself-sustaining aspossible under the circumstances existing at that particular airport, taking into account such factors asthe volume oftraffic and economy of collection. No part ofthe Federal share ofan airport development. airport planning ornoise program implementation project forwhich agrant ismade under theAirport and Airway Improvement Act of 1982, the Federal Airport ActortheAirport and Airway Development Actof 1970 shall be included in the rate base in establishing fees, rates, -and charges for users of that airport. 25. Airport Revenue. Ifthe airport isunder the control ofapublic agency, all revenues generated bythe airport will beexpended byitfor the capital oroperating costs ofthe airport, the local airport system, orother local facilities which are owned oroperated bythe 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 bythe owner or operator of the airport, or provisions in goveming statutes controlling the owner oroperator's financing, provide forthe use ofthe revenues from anyofthe airport owner oroperator's facilities, including the airport, tosupport notonlythe airport but alsothe airport owner oroperator's general debt obligations orother facilities, then this limitation on the use of all revenues generated by the airport shall not apply. 26. Reports and Inspections. Itwill submit tothe Secretary such annual orspecial 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 byanyduly authorized agent ofthe Secretary upon reasonable request. Fornoise program implementation projects, itwill also make records and documents relating tothe project andcontinued compliance with theterms, conditions, and assurances ofthe 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. Itwill make available all ofthefacilities ofthe airport developed with Federal financial assistance and all those usable for landing and takeoff ofaircraft tothe United States for use byGovernment aircraft incommon 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 tosuch use, for the cost ofoperating and maintaining thefacilities used. Unless otherwise determined bythe Secretary, orotherwise agreed to bythe sponsor and the using agency, substantial use ofan airport bygovernment aircraft will beconsidered to 

### C~:~: · •. ;hc~

### c;::=:,:::::0:15ofsuch aircraft are inexcess ofthose which, inthe opinion ofthe 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. Itwill furnish without cost tothe Federal Government for use inconnection with any airtraffic control or air navigation activities, orweather-reporting and communication activities related to airtraffic control, any areas of land orwater, or estate therein, or right in buildings ofthe sponsor asthe Secretary considers necessary ordesirable for construction, operation, and maintenance at Federal expense ofspace orfacilities for such purposes. Such areas orany portion thereof will be made available as provided herein within four months after receipt of awritten request from the Secretary. 29. Airport Layout Plan. Itwill keep up todate atalltimes an airport layout plan ofthe airport showing (1) boundaries ofthe 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 ofallexisting and proposed nonaviation areas and ofall 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 aduly authorized representative ofthe 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. If

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 orbenefiting 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 isto provide. or is inthe form of personal property or real property or interest therein orstructures orimprovements thereon, inw!'lich case the assurance obligates the sponsor oranytransferee 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, orfor 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) Page6of6

### 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 SectionPage 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: Title

### :----l.-oCLJ""1----'-.....:::""""~---===-----------'-

CERTIFICATE OF SPONSOR'S ATTORNEY 

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. 

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__ 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 

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## 1 1 i 

### I : i STATE 

### CALIFORNIA SITE NO.. 

# I PROJECT NO. 

### 2253.A 3-06-0239~02 ~-~ i 

### s

### I 0

### I N

### I C J F M A M J ADO SS 

## AIRPORT DEVELOPMENT 

## PROJECT STATUS 

## REPORT Ffl!GION 

## WP

C

_F"EDli:"l••••• ~l1I'ID6 A. REQVE5Ttil.C .:n- ::lESCI'lI PTION 

### Apron~ taxiway and serviCA road 

### reconstruction including marking~ seal coat and drainage Unprovement9 

### (approx. 250,000 S.F.)j and construct blast 

### fence (epprox. 1300 

## L.F.).

e:. ElIO OPENING 

### Contract No. 

### DTFA08-85~C·20266

STAGE I • ALLOCATION TO GR·••• HT ACREEIl4ENT f--...,......",.,.._---,,-B_._S
..PONSOR·$ F'F'iOCiRESS C. ADO 

### ie. REGIONAL. I "I.ANNEO ACTION ACTION

.. +...;c:::.:o~·M:::,:P:,;;L",:E ••. T!..!.I~ O~N-4:...:;.2.:..;S:.;T:.:A:.::A:..:T.:.E;;:O:.--+....:3:.:.
...::c::.::O::M:.:C!l:.:1..:.:;£~T.:;;E~C-+.::COMPL ETEO OMF'L.~TEO



### ~ ~:!.:~._!~~.~

05

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# ..--------,t-~---_-t;><RII.i;!;~~!;~:;.;~:.;~~:.~~~ ------,--_.

H~T LA,"OUT PL.AN

. S •••• 1'10 5PECS

.. \~c:lu. ",/'lawn In "~ J/ be/owl 

# ! I' f--4------4------
.. 

# ----j-----+-~--f----+----_J 

# I:r--t-~~_t_----+-----+---+----+----I

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## ----l:--------r------+-----~----.L.-----b~="""""-J

· ..•ECT A "''''LlCA,ION .'T OFFER 

# IF'LAN"IEO ISSUANCE DATI!:

# IDUEC 

# I PLANNI! 0 ACCI!"'''ANCE OATIO

F
.. "INALINSPECTION 

### I - 

## 1 1

# .-----t---t---+---t----+--~-~---+--~

..I A, ACT!ON

A.••••CTION SPECIAL CONDITIONS A
.. CONCITIONS B. SAT1Sf"ACTION 

## '- NO. 2. CE$CR'PTION 'iLl al'l!'WINGS RI:"CEIVED : Rf;;QUE;'T~O

.~~~'!.'..~EC~rV;;E~-D;-·-----t--------+--+------------"-I:------4-----I 'Ii!l!:vlE:l'I C:O"'PLET~D 

### .: ts 1'0 

### ee: USEt:l IN COLUMNS IA Aii/O IIA' 

### ";:,E "'REF'A~A'TIOl'l ~. L.IGI,n·ING

_ \lING 4· BUILOING i .,tm 

### 5100·5 11l-72.1 SUIi'ERSEOI;S P~Ev,OUS EOI;ION Bt:HINO 5CHEOUl.l!: 50 CEVEl.OPMENT &-<::I.e:IHI ~ONE l.ANO 

### 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 GAAm 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 SPEGlAL CONDI'IIONS: 

### 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 orjronsoononon 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, thesponsor hassubmitted tothe FAAaProjectApplication dated 

## JUL 7 1985 ,for agrantofFederal fundsfor aproject atorassociated withthe Santa Monica Municipal Airport/Planning Areawhich 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 pagesNow therefore, pursuant to and forthe purpose ofcarrying outthe 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 ofthis Offer as hereinafter provided, and (b) the benefits to accrue tothe United States and the public from the accomplishment ofthe 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, asthe United States share ofthe 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 ofthe United States payable under this offer shall be $ 

### 1, 000,000. 00
.For the purposes ofanyfuture grant amendments which may increase theforegoing maximum obligation ofthe 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 ofthe project shall not include anycosts determined bythe FAAtobe ineligible forconsideration asto allowability under the Act. 3. Payment of the United States share ofthe 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 bythe sponsor during the grant period shall bededucted from thetotal allowable project costs prior to making the final determination ofthe United States share. Final determination ofthe United States share will be based upon the final audit ofthe total amount ofallowable project costs and settlement will be made forany 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 asthe Secretary shall prescribe, and agrees tocomply 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 andthe United States shall not beobligated to payany partofthe costs ofthe project unless this offer has been accepted bythe sponsor on orbefore 

### September 30, 

### 1985 orsuch subsequent date as may be prescribed in writing by the FAA. 7. The sponsor shall take allsteps, including litigation ifnecessary, 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 bythe sponsor thatwere originally paid pursuant tothis oranyother Federal grant agreement. Itshall obtain the approval of the Secretary as to any determination ofthe amount of the Federal share of such funds. Itshall return the recovered Federal share, including funds recovered bysettlement, order orjudgment, tothe Secretary. Itshall furnish to the Secretary, upon request, alldocuments and records pertaining tothedetermination ofthe amount ofthe Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions ofthe sponsor, incourt orotherwise, involving the recovery ofsuch Federal share shall be approved inadvance by the Secretary. 8. The United States shall not be responsible or liablefordamage to property orinjury topersons which may arise from, orbe 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 ofthe project orthesponsor'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'loni

ca 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- - ~.~----~----_ •. _--. --.,-_ •• -+

__ .•

__ ._~. ._~. '_0"

__ •

__ ._,~._._.

_ ••

__ ._._,._ •.

__ ••••• ~ •••

__ ,._~.

__ ••••• '" ,_.~,,~_._.

__ ._ •• ~

__

The Sponsor's acceptance of this Offer and ratification and adoption ofthe 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 bythe Act. constituting the contractual obligations and rights ofthe United States and the Sponsor with respect to the accomplishment ofthe 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 tocomply with allofthe terms and conditions inthis Offer and inthe Project Application. Executed this 

### , 1985. 

### City of S0D~~cMonica, California Name of Sponsor By 

# .J~J::LL
Sponsor 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, Ihave examined theforegoing 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 isinall respects due and proper and inaccordance with the laws ofthe said State and the Act. In addition, for grants involving projects to be carried out on property not owned bythe 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

Page 401 4 pages FA.A Form 5100-37 (12-8<11

# PartV· 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~hecrorec: aconcaucn oysconsors requesting 'uncs uncer ~heorovis.ons ottne Airport and AlrNay improvement Ad 01~ 982 or:rej,v!ancn Sare!'! and NOIseAoaternent Act of 1979. As usee hereIn. :re ~erm ·p\.;clic agenC'1 sponsor" means accouc agenC'1wIth control ofa ououc-usearroort, :he:erm "::;rivate soonscr' means aonvate 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 ascart of :he orciect accucancn ::.y asoonsor wnich isocth acucuc 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 ottne 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. orthroughc~t the useful life otthe crorect Items installed NltMInafac:iity under anoise orcqrarn .rncrernentauon project. but in any event nettoexceec ~enty (20) years 'rem the date ot

### acceotance ofagrant offer ot Fecerai 'uncs ~or:00 oroiect. However. there snail be no ,im,ton ~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 3Private Sponsor. 7he orececinq oaraqracn 1 also applies to a onvate sconsor excect tnat ,he useful 'ife ot crciect .terns .osranec 'N1thlna ~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 'oyaSponsor. Unless otherNlse soecfiec intne grant agreement, only Assurances 1.2, 3. 5. S. 13. 13. and 30 in Section Cacply to planmng protects. The terms. concinons and assurances ofthe grant agreement snan remain Intui! 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'Hlilcorncrv 'NlthaUaccucacie Fecerallaws. regulations. executive orcers, ooiic.es. gUlce!ines and reqUirements asthey relate tothe aooucauoo, acceptance 3(1d use '01 Federal fundSfor ,hiS project :nc:uCtng out net :imltec totne 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, etseq.' 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, 

### atseq. I. Age Drscnrmnaticn Act of 1975 - 42 U.S.C, 6101. 

### etseq. 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 !'letapely to p:llanrunq oro-ects. 2 These 'a~ oo net ap()fy :0 ;Jr1Vat8SOOf'lSOl"S_ FAA Fonn 5100-100 .2~, Page 1 015Executive Orders

Executive Order 12372. Intergovernmental Review of Federal Programs. Federal Regulations a. 49 CFR Part 21
. Nondiscrimination in Federally·Asslsted Programs ofthe Department ofTransportation- Effectuation ofTitle 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 WOrkSFinanced inWhole or Part by Loans orGrants 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 ingrant agreements by anyofthe above laws, regulations orcirculars 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 forthe 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: Ithas !egalauthorityto apply forthe grant and tofinance and carry out the proposed project and comply Withall terms. conditions. and assurances ofthis grant agreement. Itshall designate an official representative, and shall inwriting 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. Itholds good title, satisfactory to the Secretary, tothe landing area ofthe airport or site thereof, orwill 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 tothat portion ofthe property upon which Federal funds Willbeexpended orwill give assurance tothe Secretary that qocd title will be obtained. 5. Preserving Rights and Powers. a. Itwill not take or permit any action which would operate todeprive itofanyofthe rights and powers necessary toperform anyorall 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. Itwill not sell. lease, encumber or otherwise transfer or dispose ofany part of its title or other interests in the property shown on Exhibit Ato this application or, for anoise program implementation project. that portion ofthe property upon which Federal funds have been expended, for the duration of the terms. conditions, and assurances in the grant agreement without approval bythe 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. Page 2 of 6 FAA Form 5100-100 (2·651c. 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 toitifitapplied directly tothe FAAfor agrant to undertake the norse program implementation project. That agreement and changes thereto must be satisfactory to the Secretary. Itwill take steps to enforce this agreement against the local government jfthere is substantial non-eompliance with the terms of the agreement. d. For noise program implementation projects to be carried out on privately owned property. itwill enter into an agreement with the owner ofthat property which includes provisions specified bythe Secretary. Itwill take steps toenforce thiSagreement against the property owner whenever there is substantial non-eompliance Withthe terms of the agreement. e. Ifthe sponsor isa private sponsor. itwill take steps satisfactory tothe Secretary toensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. 1. Ifan 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 bythe State inwhich the project is located to plan forthe development ofthe area surrounding the airport. For noise program implementation projects, other than land acquisition, to be carried out on property not owned bythe airport and over which property another public agency has land use control orauthority, 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. ithas given fair consideration tothe 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 ofan airport. an airport runway. oramajor runway extension, ithas aHorded the opportunity for public hearings forthe purpose ofconsidering the econorruc, social. and environmental effects ofthe airport or runway location and its consistency with the goals and objectives ofsuch planning as has been carried out bythe community. Itshall, when requested by the Secretary, submit a copy of the transcript of such hearings to Ihe Secretary. 10.Air and Water Quality Standards. Inprojects Involving airport location, amajor runway extension, or runway location itwill 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 andwhere applicable air andwater quality standards have been promulgated bythe Administratorofthe Environmental Protection Agency, certification shall beobtained from such Administrator. Notice of certification orrefusal 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 atany 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 ofthe 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. Itshall keep all project accounts and records which fully disclose Ihe amount and disposition bythe recipient ofthe proceeds ofthe grant, the total cost ofthe project inconnection with which the grant isgiven or used, and the amount 

### and nature ofthat 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 forFinancial and Compliance Audits ofFederally 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 tothe 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 asponsor relating to the disoosmon of the proceeds of 

### agrant or relating to the FAA Form 5100-100 IUS) Page3of 6project Inconnection with which the grant was given orused. itshall jiie acertified copy ofsucn 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 ofwages. to be predetermined bythe 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. Itshail 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 515(c)(1) and (2) ofthe 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. Itwill 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 tothe 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 bythe 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 Withregulations and procedures prescribed bythe 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. Itwill furnish the Secretary Withsuch periodic reoorts as recuirec pertarrunq to the planning project and planrunq worK activrnes. c. Itwill include In all ouousneo material prepared !nconnection Withthe planning project a notice that the material was prepared under a grant provicec by the United States. d. ItWill 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. itWillgive the Secretary unrestricted authonty to publish, disclose, distribute, and otherwise use any ofthe material prepared in connection with this grant. f. Itwill grant the Secretary' the right todisapprove the sponsor's employment ofspecific consultants and their subcontractors 

### :0do all or any part of this project as weil as the nght to disapprove the proposed scope and cost of professional services. g. ItWill grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. Itunderstands and agrees that the Secretary's approval ofthis project grant orthe Secretary's approval ofany planning materia! developed as part oftrus grant does not constitute or Imply any assurance orcommitment on the part ofthe Secretary to approve any pending or future application for 

### a Federal airport grant. 19.Operation and Maintenance. a. Itwill suitably operate and maintain the airport and all facilities thereon or connected therewith, WIthdue regard to chrnatic and flood conditions The airport and allfacilities which are necessary toserve the aeronautical users ofthe airport, other than fat:iities owned orcontrolled bythe United States, shall beoperated atall nrnes in asafe 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 thatthe airport be operated for aeronautical use during temporary penocs when snow, flood orother 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) Page4of5b. Itwill suitably operate and maintain, ._Ise program implementation items that itowns Or controls upon which Federal tunes have

been expended. 20. Hazard Removal and Mitigation. Itwill adequately clear and protect the aerial approaches tothe airport by removing, lowering, relocating, mcirking, or lighting orotherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. Itwill take appropriate action, including the adoption ofzoning laws. tothe extent reasonable, to restrict the use of land adjacent to or inthe immediate vicinity ofthe airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition. ifthe project isfor noise program Implementation, itwill 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. Itwill 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. Inany agreement. contract. lease orother arrangement under which aright orprivilege atthe airport isgranted toany person, firm, orcorporation to conduct orengage in any aeronautical activity forfurnishing services tothe public atthe 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) tocharge fair, reasonable, and not unjustly discriminatory prices for each unit orservice, 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 atanyairport owned bythe sponsor shall besubject tothe 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 atenant. nontenant. or subtenant of another aircarrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates. fees, rentals, and other charges asare applicable to all such air carriers which make similar use ofsuch airport and which utilize similar facilities. SUbjectto reasonable classiticanons such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights. Classification or status astenant shall not be unreasonably withheld byany airport provided an aircarrier assumes obligations substantially similar to those already imposed on tenant air carriers. l. Itwill not exercise orgrant any right orprivilege which operates to prevent any person, firm, orcorporation operating aircraft onthe 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. Inthe event that the sponsor itself exercises any ofthe rights and privileges referred to inthis 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 ofthe airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit anygiven type. kind, orclass ofaeronautical use ofthe airport ifsuch action isnecessary forthe 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 asingle 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) Ifallowing 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. Itfurther agrees that itwill not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right atthe airport, or atany other airport now owned orcontrolled by it,toconduct 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 ofaircraft parts, and any other activities which because oftheir direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that itwill terminate any exclusive right to FAA Form 5100-100 (2-851 Page 5 of6, conduct an aeronautical activity no'

Improvement Act of 1982. 24. Fee and Rental Structure. Itwill 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 asself-sustaining as possible unC3rthe circumstances eXisting atthat particular airport, taking into account such factors as the volume of traffic and economy of collection. No part ofthe Feoeral share ofan airport deveiopment. airport planning ornoise program implementation project forwhich agrant ismade under theAirport and Airway Improvement Actof 1982. the Federal Airport Act orthe Airport and Airway Development Act of 1970shall 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. Ifthe airport isunder the control ofapubnc agency, all revenues generated bythe airport will beexpended byitfor the capital oroperating costs ofthe airport. the local aircort system, orother local facilities which are owned oroperated bytheowner 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 oroperator's financing, provide forthe use ofthe revenues from any ofthe airport owner oroperator's facilities, inclUding the airport, to support notonly the airport but also the airport owner oroperator's general debt obligations orother facilities, then this limitation on the use of all revenues generated by the airport shall not apply. 26. Reports and Inspections. ItWillsubmit 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 ofthe Secretary upon reasonable request. For noise program implementation projects. Itwill also make records and documents relating tothe project and continued compliance with theterms, conditions, and assurances ofthe 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. Itwill make available allofthe facilities ofthe airport developed with Federal financial assistance and allthose usable for landing andtakeoH ofaircraft tothe United States for use by Government aircraft incommon 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 tosuch use. forthe cost ofoperating and maintaining the facilities used. Unless otherwise determined bythe Secretary', orotherwise agreed to bythe sponsor and the using agency, substantial use ofan airport bygovernment aircraft will beconsidered to 

### cx.c: ... ~~:::~ cccrat.cns ofsuch aircraft are inexcess ofthose which, inthe opinion ofthe Secretary, would unduly interfere Withuseof 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. Itwill furnish without cost tothe Federal Government for use inconnection with any airtraffic control or air navigation activities, orweather-reporting and communication activities related toairtraffic control, any areas of land orwater, or estate therein, or right in bUildings ofthe sponsor asthe Secretary considers necessary ordesirable for construction. operation, and maintenance at Federal expense ofspace orfacilities for such purposes. Such areas orany 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. ItWIllkeep uptodate atalltimes an airport layout plan ofthe airport showing (1) boundaries ofthe 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 ofallexisting and proposed nonaviation areas and ofall 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 bythe 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 toassure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating inany 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 is10provide, oris inthe form ofpersonal property or real property orinterest therein or structures or improvements thereon, inwhich case the assurance obligates the sponsor orany transferee forthe 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 6of6

### 07/22/02 MON 07:14 FAX 310 725 6847 FAA AIRPORTS DIVISION f4J

### 003

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# . I REPORTING PE~UOO 

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