Resolution 203-1989
RESOLUTION NO.
203 -1989
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR TO ACCEPT A GRANT
OFFER FROM THE FAA CONCERNING AlP PROJECT
NUMBER 3-12-0044-07 FOR THE MARATHON
AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board
is hereby authorized to accept the Grant offer from the Federal
Aviation Administration concerning the AlP project number
3-12-0044-07, for the Marathon Airport, a copy of same being
attached hereto, for the purpose of the installation of beacon
and tower; sealcoat existing G/A apron; construct/seal G/A apron
west side; construct 200' blast pads (both runway ends) and
construct stabilized safety area (both runway ends).
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on this J/t),
day of
4rf/
I
, 1989, A.D.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By //lI~~~
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
By Att~~~k~
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Page 1 of 5 Pages
DEPARTMENT OP TRARSPORTATIOR
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FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 - Offer
Date of Offer February 15, 1989
Marathon Airport
Project No. 3-12-0044-07
Contract No. DTFA 06-89-A-80050
TO: Monroe County Board of County Commissioners
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal
Aviation Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project
Applic~tion dated December 8, 1988, for a grant of Federal funds
for a project at or associated with the Marathon Airport, 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 Marathon Airport
(herein called the "Project") consisting of the following:
INSTALL BEACON AND TOWER; SEALCOAT EXISTING G/A APRON;
CONSTRUCT/SEAL G/A APRON WEST SIDE; CONSTRUCT 200' BLAST
PADS (BOTH RUNWAY ENDS); CONSTRUCT STABILIZED SAFETY AREA
(BOTH RUNWAY ENDS) .
all as more particularly described in the Project Application.
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NOW THEREFORE, pursuant to and for the purpose of carrying out
the provisions of the Airport and Airway Improvement Act of 1982,
as amended by the Airport and Airway Safety and Capacity
Expansion Act of 1987 herein called the "Act," and/or the
Aviation Safety and Noise Abatement Act of 1979, and in
consideration of (a) the Sponsor's adoption and ratification of
the representations and assurances contained in said Project
Application and its acceptance of this Offer as hereinafter
provided, and (b) the benefits to ~crue 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, ninety percent (90%).
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Page 2 of 5 Pages
This Offer is made on and subject to the following terms and
conditions:
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Conditions
1.
The maximum obligation of the United States payable under
this offer shall be $900,000. For the purpose of any future
grant amendments which may increase the foregoing maximum
obligation of the United States under the provisions of
Section S12(b) of the Act, the following amounts are being
specified for this purpose:
$ -0-
$900,000
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 determina tion of the
United States share will be based upon the final audit of
the total amount of allowable project costs and settlement
will be made for any upward or downward adjustments to the
Federal share of the costs.
4. The sponsor shall carry out and complete the Project without
undue delay and in accordance with the terms hereof, and
such regulations and procedures as the Secretary shall
prescribe, and agrees to comply with the assurances which
were made part of the project application.
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Page 3 of 5 Pages
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 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
March 17, 1989, or such subsequent date as may be prescribed
in writing by the FAA.
7. The sponsor shall take all steps, including litigation if
necessary, to recover Federal funds 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
such funds. I t 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 Uni ted 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 mutually understood and agreed that if, during the
life of the project, the FAA determines that the grant
amount exceeds the expected needs of the sponsor by $5,000
or five (5%) percent, whic~ver is greater, the grant amount
can be unilaterally reduced by letter from FAA advising of
the budget change. Conversely, if there is an overrun in
the eligible project costs, FAA may increase the grant to
cover the percent limitation and will advise the sponsor by
letter of the increase. Upon issuance of either of the
aforementioned letters, the maximum obligation of the United
States is adjusted to the amount specified.
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Page 4 of 5 Pages
Special Conditions
10. Under the provisions set forth in Paragraph 3, Page 2,
hereof, the letter of credit method of payment is hereby
authorized for this project subject to the following terms
and conditions:
It is understood and agreed that the Sponsor commits itself
to:
(1) The practice of initiating cash drawdowns only when
needed for its disbursements and in an amount
approximately equal to the Federal share of such
disbursements; and
(2) The timely reporting of c~h disbursements and balances
as required by the Federal Aviation Administration.
Failure to adhere to these commitments shall be cause for
revocation of tl~ letter of credit.
11. The Grantee acknowledges its awareness of the costs of
operating and maintaining the airport lighting; and agrees
to operate the lights throughout each night of the year or
in compliance with a plan agreed to by the FAA. In
addition, the Grantee agrees to operate the NAVAIDS 24 hours
a day or in accordance with a plan agreed to by the FAA.
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 said Offer and Acceptance shall
comprise a Grant Agreement, as provided by the Act, constituting
t~ 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 A ATION ADMINISTRATION
~Mana9
do Airports D1strict Office
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Page 5 of 5 Pages
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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 Gceptance agrees to comply with
all of the terms and conditions in the Project Application.
Executed this
day of
, 19
By
(SEAL)
Title
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
I, ~(nk GfDbi\.&JJ[Lll!>D~ A-r./tLvJ-f)t'--r, acting as Attorney
for the Sponsor do hereby certi y: "
That in my opinion the Sponsor is empowered to enter into the
foregoing Grant Agreement under the laws of the State of Florida.
Further, I have examined the foregoing Grant Agreement and the
actions taken by said Sponsor relating tbereto, and find that the
acceptance thereof by said Sponsor and Sponsor's official
representative has been duly authorized and that t he 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 c~ried 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 keu lJJ!~t ~'f1l this ~ day of An.\\\
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(Signature of onsor's Attorney)
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