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1988-09-30 SPM Exhibits t/- Page 1 of 4 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 - Offer New Hanover County Wilmington, North Carolina Da~p'f Offer 2 8 1988 Airport/Planning Area Project No. 3-37-0084-08 Contract No. DTFA 06-88-A-80248 TO: New Hanover County (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") "t. !lj f,l. ~HEREAS, the Sponsor has submitted to the FAA a Project Application dated September 23, 1988, for a grant of Federal funds for a project .at or assoc iated with the New Hanover COU.1ty Airport/Planning Area which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and , l, " ,;. . . , . ~ , ~~EREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project") consisting of the following: ,1. , . ~ ,,\y Construct air carrier apron (44,675 :3.Y.), including installation of electrical duct and drainage structure; widen and strengthen taxiway B; rehabilitate taxiway F; install MITL. .'1 , . .J' , all as more particularly described 1n the Project Application. .L. r ... Page ~ of 4 NOVl' 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 accrue to the United States and the publ ic fr(Jtl the accompl ishment 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%). 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 $2,737,698 For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section Sl2(b) of the Act, the following amounts are being spec ified for this purpose: $ $ 2 , 737 , 698 for planning for airport development or no lse 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 provls10ns 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 allowahle project costs and settlement wi 11 be made for any upward or do~rnward 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 hereo f, and such regulations and procedures as the Secretary shall presc r ibe, and ag rees to comply wi th the assurances which were made part of the project -'lpplication. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. , '- Page -3... of JL 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 30,1988, 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, o~ 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 determiniltion of the amount of the Federal share of such funds. It sha 11 retu rn the recovered Federa 1 sha re, including funds recovered by settlement, order or judgment to the Secretary. It shall furnish to the Secretary, upon request, all documents and recordH pertaining to the determination of the amount of th(! Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlt~ments 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 renponsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant ag reement. Special Conditions 9. 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 Runways 23, 16, and 34 on airport property in accordance with the provisions of paragrapb 20, sponsors assurances of the application for federal assistance which has been made a part of this grant agreement. . Page 4 of 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 Name: Title: S~_~+~ Manager, Airports District Office 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 roject Application. E .-) ..,-,l ',) "- day:>f S e p-\".-v, t.., ~', 19S'F. New Hanover County Representative) , C" \ ~~ - - \J\ i nY>. l\. h. NQ..l,,) \'\0"'-,,,,,(,,- C<:J"'v,~\( Co ".....""-..; -ssi (d,('rf CERTIFICATE OF SPONSOR'S ATTORNEY I, ~v;:mcic'3 H. Copley hereby certify: , acting as Attorney for the Sponsor do That, in my opinion, the Sponsor is empol-rered to enter into the foregoing Grant Agreement under the laws of the State of North Carolina. Further, I have examined the foregoing Grant Agreement and the Actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accor.dance with the terms thereof. ~,' Dated at r,Vilmington. N. C. h~s 30th day of SepTp.mhp.Y' , 19.aJL. (1.1 / Signature of Attorney