040-2009 Terminal Construction Bond 07/15/2009
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
July 27, 2009
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy M Peters
Executive AsSiSt~
Pamela G. Hanc~ D. C.
ATTN:
Attached is the Federal Aviation Administration grant for Terminal Construction Bond
Repayment (Principal Only), in the amount of $1,477,770 for the Key West International Airport
Terminal Project, that was approved at the July 15, 2009 BOCC meeting. Please have Assistant
County Attorney Pedro J. Mercado sign and date with the current date, then forward the original
to Bevette. Please make a copy for your records and send the one marked "copy" back to me.
Should you have any questions please feel free to contact our office.
cc: File
f:) GRANT AGREEMENT
(c(o[p1f
u. S. Department
of Transportation
Federal Aviation
Administration
Date of Offer:
July 2, 2009
Project Number:
Recipient:
Airport:
3-12-0037 -04'0-2009
Monroe County Board of County Commissioners (Herein called Sponsor)
Key West International Airport
OFFER
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay, as the United States' share, ninety-five percent (950k) of the allowable costs
incurred in accomplishing the project consisting of the following:
"Terminal Construction Bond Repayment (Principal Only)"
as more particularly described in the Project Application dated June 5, 2009.
The maximum lobligation of the United States payable under this Offer shall be $1,477,770 for airport
development.
This offer is made in accordance with and for the purpose of carrying out the applicable provisions of the Federal
Aviation Act of 1958, as amended, codified at Title 49 of the United States Code. cceptance and execution of
this offer shall comprise a Grant Agreement, as provided by Title 4 of the United tates Code, constituting the
contractual obligations and rights of the United States and ns r
UNITED STATES OF AMERICA
FEDERAL AVIA1-ION ADMINISTRATION
SPECIAL CONDITION
(see Attachment A)
ACCEPTANCE
The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and
in the document "Terms and Conditions of Accepting Airport Improvement Program Grants" dated March 29,
2005;1'-" "
...oJ' ";l$': . ~
; ',,-
Mayor/Chairman. MonroeeCountv Board of
Title County Commissioners
CERTIFICATE OF SPONSOR'S ATTORNEY
I ,
certify:
Pedro J. Mercado
, acting as Attorney for the Sponsor do hereby
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of State
of Florida. Further, I have examined the foregoing Grant Agreement, and the actions taken by said Sponsor
relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has
been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the
laws of the said State and the applicable provisions of the Federal Aviation Act of 1958, as amended, codified at
Title 49 of the LJnited States Code. 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 Agreeme t constitutes a legal and binding obligation of the Sponsor in
accor e ith the ter ther f.-
Date
fY
PROJECT NO..: 3-12-0037-040-2009
DATE OF GRANT OFFER: July 2, 2009
ATTACHMENT A: SPECIAL CONDITION
It is mutually agreed that payments due from the United States under the terms of this grant agreement will
be limited to not more than fifty percent (50%) of the maximum obligation cited on page 2 of this document
until the sponsor has cleared and protected the approach zones, transitional zones and primary surface of
Runway on airport property in accordance with the provisions of paragraph 20, sponsors assurances of the
applicati~)n for federal assistance which has been made a part of this grant agreement.