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Resolution 049-1967_L/ RESOLUTION NO. 49 -1967 WHEREAS, the Board of County Commissioners of Monroe County, Florida desires to accept, on behalf of Monroe County, Florida, a grant offer from the Federal Aviation Agency of the United States of America, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. That Monroe County, Florida shall enter into a Grant Agree- ment for the purpose of obtaining Federal aid in the development of the Key West International Airport, under Project No. 9-08-030-6806, and that such Grant Agreement, Contract No. FA-68-SO-4486, consisting of "Part I - Offer" and "Part II - Acceptance", shall be in the form at- tached hereto and hereby made a part hereof. 2. That Monroe County, Florida does hereby ratify and adopt all statements, representations, warranties, covenants and agreements con- tained in the Project Application and incorporated materials referred to in the said Offer, and does hereby accept said Offer, and by such acceptance agrees to all of the terms and conditions thereof. 3. That Gerald Saunders, Mayor of Monroe County, Florida, is hereby authorized and directed to execute said Grant Agreement on behalf of Monroe County, Florida, and Earl R. Adams, Clerk of the Board of County Commissioners, is hereby authorized and directed to impress the official seal of Monroe County, Florida and to attest said execution. Dated September 29th, 1967. of pages FEDERAL AVIATION AGENCY GRANT AGREEMENT *D--4- '1 _llffnv Date of Offer _ Airport Project No. �-0 �6 Contract No. (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Agency, herein re- ferred to as the "FAA") WHEREAS Sp{ons�o, s submitted to the FAA a Project Application dated VJ for a grant of Federal funds for a project for develop- ment of the '" Airport (herein called the "Airport"), together with plans and specifications for such project, 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 development of the Airport (herein called the "Project") consisting of the following -described airport development: . all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; lttmar.1 t 1 : 15,-,-16T. FAA FORM 1632 (.3-62) USE PREVIOUS EDITION PAGE 1 of pages NOW THEREFORE; pursuant to and for the purpose 'of carrying out the provisions of the Federal Airport Act, as amended (49 U.S.C. 1101), 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 and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project -and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AGENCY,"FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to a the United States share of t allowable costs incurred in accomplishing the Project, o axl 0.34 This Offer is made on .and subject to the following terms and conditions: 1. The maximum obligation of the .United States. payable under this Offer shall be -00 2.- The Sponsor shall: (a) begin accomplishment of the Project within days .after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without, undue delay and in accordance with the terms hereof, the Federal Airport Act, and Sections 151.45-151.55 of the Regulations of the Federal Aviation Agency (14 CFR 151) in effect as of the date of acceptance of this Offer; which Regulations are. hereinafter referred to as the "Regulations"; (c) . carry out and complete the Project in. accordance with the ' plans and specifications and property map, incorporated herein, as .they may be revised or modified with the approval of the FAA. ' 3. The allowable costs of . the project shall not include 'any costs determined by the FAA to -be ineligible for consideration as to allowability under Section 151.41 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 151.57 - 151.63 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to -Section 151.63 of the Regulations: Provided, that, ,in the event a semi-final grant :payment :is made pursuant to Section 151.6 3 of the Regulations, final determination as to the .allowability of those costs to which such, semi- final payment relates will be made at the time of such semi-final payment. FAA FORM 1632 (6-63)" DESTROY PREVIOUS EDITION i I PAGE 2 Page 3 of pages 5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica- tion incorporated herein and specifically covenants and agrees, in accordance with its Assurance 4 in Part II I of said Project Application, that in its operation .and the operation ()f all facilities thereof, neither it nor any person or organization occupying space or facili- ties thereon will discriminate against any person or class of persons by reason of race, color, creed or national origin in the use of any of the facilities provided for the public on the airport. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. 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 Septe ver. 3O, 2967 or such subsequent date as may be prescribed in writing by the FAA. 8• In addition the sponsor shall: (a) Incorporate or cause to be incorporated in each contract for construction work under the project, or any modification thereof, the equal opportunity clause as set forth in Section 202 of Executive Order No. 11246 of September 24, 1965, or such modification thereof as may be approved by the Secretary of Labor. (b) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by.Section 151.54(d) (1), Part 151, Federal Aviation Regulations. (c) Be bound by said equal opportunity clause in any construction work under the project which it performs itself other than through its own permanent work force directly employed or through the permanent work force directly employed by another agency of government. (d) Cooperate actively with the FAA and the Secretary of Labor in obtaining the compliance of contractors and subcontractor's with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor. (e) Furnish the FAA and the Secretary of Labor such information as they may require for the supervision of such compliance and will otherwise assist the FAA in the discharge of its primary responsibility for securing compliance. (f) Refrain from entering into any contract or contract modification subject to Executive Order No. 11246 with a contractor debarred from, or who has not demonstrated eligibility for, government FAA FORM 169E (6-63) DESTROY PREVIOUS EDITION PAGE 3 \ - Page 3a Pages E contracts and Federally assisted construction contracts pursuant to Part II, Subpart D of Executive Order No. 11246. (g) Carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontrac- tors by the FAA and the Secretary of Labor pursuant to Part II, Sub- part D of Executive Order No. 11246; and in the event that the sponsor fails or refuses to comply with its undertakings, the FAA may cancel, terminate or suspend in whole or in part any contractual arrangement it may have with the sponsor, may refrain from extending any further assistance under any of its programs subject to Executive Order lIP46 until satisfactory assurance of future compliance has been received from such applicant, or may refer the case to the Department of Justice for appropriate legal proceedings. 9. The sponsor's financial records of the project, established, maintained and made available to personnel of the FAA in conformity to Section 151.55 of the Regulations of the Federal Aviation Agency (14 CFR 151) will also be available to representatives of the Comptroller General of the United States. 10. It is understood and agreed that the terms "Administrator of the Federal Aviation Agency," "Administrator" or "Federal Aviation Agency" wherever they appear in this Agreement, in the Project Application, plans and speci- fications or other documents constituting a part of this Agreement shall be deemed to mean the Federal Aviation Administrator or the Federal Aviation. Administration as the case may be. 11. Notwithstanding the provision of Paragraph 3, Part III, of the Project Application, the sponsor covenants and agrees that it will not grant or permit any exclusive right forbidden by Section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349) at the airport, or at any other air- port now or hereafter owned or controlled by it. In furtherance of the policy of the FAA under this covenant, the sponsor agrees that, unless authorized by the Administrator, it will not, either directly or indirectly, grant or permit any person, firm, or corporation the exclusive right at the airport or at any other airport now or hereafter owned or controlled by it, to conduct any aeronautical activities, including, but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their relationship to the operation of aircraft can be regarded as an aeronautical activity. The sponsor further agrees that it will terminate any such exclusive right (including any exclusive right to engage in the sale of gasoline or oil, or both) now existing at the airport, or at any other airport now or hereafter owned or controlled by it, at the earliest renewal, cancellation, or expiration date applicable to the agreement that established the exclusive right, and certifies that there is no exclusive right not subject to termination under this provision." FAA Form 1632 Page 3a Page 3b of 6 Pages 12. P»rsivant to Paragraph 9, Part III of the Project Application dated August 8; 1967, The Sponsor hereby covenants and agrees to furnish the Federal Government without cost' within four months after written request therefor., such estates or interests in such lands or rights in buildings as are deemed necessary by FAA for the construction and operation on the airport of the structures or facilities set forth in Schedule A attached hereto and made a part hereof, provided the respective areas of land and/ buildings deemed adequate by FAA for such purposes are available without the necessity for removing or relocating other facilities and are within the geographic boundaries of the airport at the time -request therefor is made by the FAA; together with rights of ready access in and to such areas or buildings for construction, occupancy and use and the right to connect to existing utilities and to be furnished the utility services required to the extent of available capacity at no more than prevailing rates. The. facilities or structures involved and the maximum area of land,, or rights in buildings' the Sponsor is obligated to furnish for each are set forth in said Schedule A. It is further understood and agreed that nothing contained herein shall in any way affect the rights of the United States or obligations of the Sponsor under prior Grant Agreements as to cost-free space nor be construed as obligating the Federal Government to construct,, occupy or operate at the,airport� any of the structures or facilities set forth in said Schedule A.' 13:...It is understood and agreed that the United States will not make nor be obligated to make final payment under this Grant Agreement unless and until .,the sponsor has removed any growth, structure, or•other object, upon airport land within the clear zone to runway 27 which would be a -hazard to the f landing, taking off or -maneuvering of aircraft at the airport.. The airport.` approach standards to be..followed in complying with this paragraph shall be those respectively .established for, said runway_by Part: 77,'of..-the Federal;: `;Aviation Regulations. y. FAA FORM 1632 Page 3b 4 of pages , 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 herein- after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by -the Federal Airport Act, constituting theobligations, and rights of the United States and the Spon- sor with respect to the accomplishment of the -Project and the operation and maintenance of the Air- port. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful lif(?of the facilities developed under the Project` but in any event hot to exceed twenty years- from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION AGENCY - By .... ...t .. .................... (TITLE) .ACTING ' . -r Part II -Acceptance The`A does hereby ratify and adopt all statements,. representations, warranties, covenants, and agreements contained in the Project Application and. incorporated, materials referred to in the -foregoing Offer- and does hereby accept said Offer and by such'acceptance agrees to. all of the terms and conditions thereof. Executed -this ...... day of .. 197 (N tr By RESOLUTION COPY PLEASE DO NOT SIGN` (SEAL) ► . Title (FOR MONROE COUNTY) Attest: ........................... Title: �[o 10 � . ........:.:... . CERTIFICATE OF SPONSOR'S ATTORNEY I,...ri ....... ... . .. , .acting as - Attorney for ........ .(herein referred to as the "Sponsor") do hereby certify: That I.have examined the foregoing Grant Agreement and the proceedings_ taken -by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth- orized and that the execution.. thereof is in all respects due and proper and in accordance with the laws of the State of ..:.:. ........... and further that, in my opinion, said ..... Grant '. Agreement constitutes a legal and binding obligation of :the - Sponsor in ;accordance with the terms thereof. Dated at .....;' this ......... day of - .:. ...t;.........: , 19. 6T. Title... ' FAA.FORM 1632 (3-62) USE PREVIOUS EDITION - - _ _ - PAGE 4 a M SCHEDULE A Key West International Airport Project Number 9-08-030-68o6 Key West, Florida There are set forth below the lands and estates or interests therein and rights the sponsor is obligated to furnish to the Federal Government pursuant to and in accordance with the provisions of paragraph 12 of the Grant Agreement to which this Schedule is attached: A. Vim'/UHF/DF-(Direction Finder) The area of approximately fifty (50) square feet and the property interests as both are described_in Lease FA-67-MI-123. (6-30-82). B. Air Traffic Control Tower The area of approximately two hundred fifty square feet and the property interests as both are described in LeasrFA,-.67-MI-123, and Supplement No. 1 thereto (6-30-82). C. Flight Service Station The area of 1563.56 square feet and the propert interests as both are described in Lease FA-SO-2233 (6-30-82�- D. Runway End Identifier Lights (REIL) Fee simple title, or such lesser estate or interest as is acceptable to the Federal Aviation Administration, to two (2) plots of land containing 100 square feet each (being two plots each approximately 10, x 10 % the approximate geographical center of which will be set•by an engineering investigation for the installation of a REIL at the end of the selected runway.