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HomeMy WebLinkAbout1983-09-19 RM Exhibits .,.", " ~'~" ~U' . Jntroduced by: G. Felix Cooper, County Manager if ~ .~~) ~1' tf1- RESOLUTION PROPOSING ACCEPTANCE OF OFFERS TO PURCHASE SURPLUS REAL PROPERTY WHEREAS, certain parcels of real property owned wholly or jointly by New Hanover County and/or the City of Wilmington have been offered for sale pursuant to North Carolina General Statute 160A-269; and WHEREAS, the offerors indicated on the attached list have agreed to pay the amounts indicated on the attached list fer the parcel of real property shown; and WHEREAS, the properties are declared by the County Commissioners to be surplus and not needed for public purposes; and W~EREAS, it is in the best public interest and welfare to dispose of these properties in accordance with the negotiated terms and conditions. NOW THEREFORE BE IT RESOLVED: 1. That pursuant to NCGS 160A-269, the County Commissioners propose to accept the offers to purchase indicated on the attached list from the offerors as indicated. 2. That the County of .New Hanover and/or the City of Wilmington will retain any deposit posted by the offerors when: a. the offer is withdrawn after posting the deposit; or b. the offeror fails to pay the balance of an approved offer, due in cash, within ten (10) days of receipt of a notice by certified mail of availability of the deed of conveyance. 3. That the County of New Hanover reserves the right to reject any and all offers. 4. That the County of New Hanover will require the offerors to deposit five (5%) percent of the offered prices immediately following adoption of this resolution. 5. That the Clerk of the Board of Commissioners will publish a notice of the offers as required by NCGS l60A-269. ATTEST: ~Cler~ " ~f.. ~ Cha rman of the'Board of wmmissianers meeting ?-.3 Ii , . ~<J , .~ " TAX MAP NUMBER: 6001-04813-038-0l4. 000 ADDRESS: I 916 Rankin Street ASSESSED VALUE: LAND $ 1350 DIMBNSIONS: 133 x 99 % C~TY: f>T.5 % I' BID. $IO,OOO OFFEROR: '\ . Donald R':',MCDuf;Eie & w,ife, BLDGS.: $ 1~?j~U ZONING: C/ A : i COUNTY: 42.5 % OF ASSESSED~VALUE: 50.7 LIENS: Council Agenda: September 13,1983 Commissioner's Agenda: 9/J9/83 LEGAL DESC.: Pt EM 1/2 Blk'226 !' TOTAL: $19 P4Q ': i ACQ. COST: $ .2~300.!53' II CITY COST: $ 1 f ~22 ~:04 . I: I: .i !!. : TYPE: , , Linda T. McDuffie I' , II '. i , . \ Rt. 1, Box l6~-B . \ Currie, N. C. 28435 TOTAL I . ,i TAX MAP NUMBE~: ADDRESS: ASSESSED VALUE: DIMENSIONS: i % CITY: I BID: $ OFFEROR: LAND $ , BLDGS. $ ZONING: LEGAL DESC.: TOTAL $ ACQ ~ COST: $~~' CITY I COST: $ ". , iTYPE: I I I I Ii II 'iii :11 I ;: .,'1 :; ,1/ I 'I ,I I ,. I , .1' \ . \ I' % CotJNTX: % OF ASSESSED VALUE: LIENS: ;- I, I I . I " 1____1 r.1 't: . I, Ii :1 I II TOTAL , " , , TAX MAP NUMBER: ADDRESS: ASSESSED VALUE: LAND $ DIMENSIONS: % CITY: BID: $ OFFEROR: LEGAL DESC. : TOTAL $ ACQ. COST: $ CITY COST: $ TYPE: BLDGS. $ ZONING: % COUNTY: % OF ASSESSED VALUE: LIENS: ,I TOTAL ~ Lf;l~ XJ fo~ lftf NEW HANOVER COUNTY OFFICE OF THE TAX ADMINISTRATOR 320 CHESTNUT STREET WILMINGTON, NORTH CAROLINA 28f'lh'M~E. 'NT .i~ {I ~.fN' DA Telephone (919) ~}{X 34\J.u~\Jl. 1 ,.j,u.tI DATE: 70(~~j:.",.C"'~'" NEW HANOVER COUNTY TAX COLLECTIONS ITEM No. -3 -4L., =__,;L~ ~XRRXXmowe<x Tax Adn1inistrator Collections thru August 31, 1983 1983 Charged Per Scroll Discoveries Added $ 21,509,024.76 527,609.60 $ 22,036,634.36 .00 $ 22,036,634.36 162,684.33 S 21,873,950.03 .74% Less Abatements Total Taxes Due Collections to Date Outstanding Balance Percentage Collected Back Taxes Real Estate Taxes $ 664,382.79 Less Abatements 259.03 Collections to Date 46,/+91.13 Outstanding Balance $ 617,632.63 Percentage Collected 7.00% Personal Property Taxes $ 907,758.59 Less Abatements 12,992.46 Collections to Date 23,175.55 Outstanding Balance $ 871,590.58 Percentage Collected 2.59% 1982 $ 17,199,745.99 761,603.70 $ 17,961,349.69 .00 $ 17,961,349.69 40,944.73 $ 17,92o~404.96 .23% $ 579,115.02 .00 54,660.70 S 524,454.32 9.44% $ 767,006.68 1,988.35 23,915.96 S 741,102.37 3.13% Total money processed through Collection Office for New Hanover County, City of Hi1mington. ~.Jrightsville Beach, Carolina Beach, and KureBeach to date - $389,438.03. This report is for fiscal year beginning July 1, 1983. Respectfully submitted, '''----v (2 I ,'., / " . ,.~r.r ~ ~ ! /' (\_U1C~ \1 \.-CC7qr'-J;\., Patricia J. R~or ....) Collector of Revenue P JR : c t a......... SIII_. MEMBER 8J.\ACl INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS --.- ""l1li" ....."IIIl." !. \-! .' / /' MEMORANDUM TO: FROM: t;t--U.~r;P?' V<f CONSENT AGENDA a/' I; ~'~"<'4 DATE: It.. /~ ---,' ... ITEM'No. ~ 1- -.-== Board of County Commissioners Gary M. Cannon $ Assistant County Madager SUBJECT: Abatements and Refunds DATE: September 12, 1983 Request the following taxes be released as the taxpayers reported incorrect or incomplete information at the time of listing: 1. Alpha Medical Care Inc. 2. Anderson, Eddie R. 3. Awkard, Joseph Cyrus Jr. 4. Barker. William G. ~. Bentley's Paint & Wallpaper 6. Black, George 7. Blais, Richard A. 8. Bobby's Bait & Tackle Shop 9. Bridges, Guy C., Jr. 10. Commercial Communications 11. Crisp, James William Etux. 12. Davis, Don W. Sue 13. Dukes, Gladys L. 14. Evenson, Sharon L. 15. Flowers, J. Deain 16. Greenfield Tavern 17. Hanover Avaiation Inc. 18. Ginos Inc. 19. 20. 21. 22. 23. 24. 2G. 26. 27. 28. 29. 30. 31. 32. 33. Hudson Grocery Johnson, Kenneth Dexter Koontz, Vickie Lea Kupboard Grocery Mathis, Dianne G. McCoy, Timothy M. McKellar, Mary F. Monahan, Gerald F. Nease, Billy Joe Smith, Stephen Dallas Tendata Corporation That's Amore Pizza Pie Inc. Tri State Metallurgical Corp. Watson, Daniel J. Williams, Terry G. $ 287.00 32.05 69.01 1.73 66.33 13.80 36.69 252.01 38.26 227.66 72.79 10.58 90.33 (1980) 26.29 44.24 291. 05 146.28 182.88 (Refund 176.40 '81, '82, '83) 28.05 52.50 (1982) 60.78 (1980) 32.51 113.52 (1982) 141. 90 (1982) 211. 11 25.63 19.16 (1981) 27.75 (1978) 24.30 1,166.21 1,104.24 (1982) 54.66 87.29 (1980) Board of County Commissioners 'Page 2 September 12, 1983 Request the following taxes be released as they are double-charged: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. AAA Driver Education School Adkins, John Grayson, Etux. Advertising Display Service Allen. David E. Allen and McDonald Atkinson, Janet Austin, Edna Faye B & H Building Corp. Brothers, Luther Cline Burton, Mary Katherine Butcher, Ronald Capps, Andrew Frank, Jr. Carpenter, John Wayne Cook, William H. Cooke, Don Stanley Dove, James L. Edens. Jerry Wendell, Jr. Edens, Philip Ray Edens, Phyllis Baker Fitzgerald, John W. Fowler, David G. Frunzi, Adela Angela Goodwin, Wilbur E., Jr. Gunter, Robert Thomas Huron Chemicals of America Hobbs, William Jackson, William H. King, Rudolph Lewis, Randy Lyon Realty Co. Marshall, Robert Lee Martinez, Paul Edward McDaniel, Linwood Frank Mitchell, Jerry Wayne Moser, W. K. Nance, Angela Mae Sloan, David Bryan. Jr. Taylor, Michael L. Tom West Auto Sales $ 20.77 1. 84 56.28 53.31 62.65 15.66 9.79 111. 11 21.01 92.77 51.61 35.56 33.90 74. 8Ll 58.56 11. 97 61. 81 2.02 27.46 286.42 6.70 40.39 58.28 38.20 (1980) 75.25 163.88 18.84 26.93 34.53 (1981) 8,677.34 29.92 12.24 55.69 136.48 (Refund 1982) 1. 84 2.23 (1982) 208.10 18.01 639.39 (1982) n Request the following taxes be released as the property is not located within city or town limits: 1. Brown, Sadie Brown 2. Courtney, Vickie Karen 3. Faircloth, Donnie Lee 4. Faulk, Elizabeth Dianne 33.14 58.08 64.69 49.35 Board of County Commissioners Page 3 . September 12, 1983 5. Fender, John W. Etux. 6. Fulcher, Graham Freyda 7. Hines, Kenneth A. 8. Johnson, Douglas L. 9. Little, Edwin Wayne 10. McNeill, John Charles 11. Melvin, Anthony W. 12. Neuwirth Motors 13. Niec, Ricky Anthony 14. Pittmans Gun Repair 15. Price Chiropractic Clinic 16. Robbins, William Sterling 17. Royalnest Leasing Corp. 18. Sweet Sixteen 19. Trans Tronic Systems Inc. $ 8.18 45.57 (1980) 88.10 (1982) 35.30 49.63 8.64 46.00 4,207.40 1. 39 (1982) 29.70 6.71 1.05 (1981) 401. 64 (1982) 44.79 29.50 Request the following listing penalties be released as the taxpayer certifies the listings were mailed during the month of January; or taxpayer was unable to list during the month of January due to illness or death: 1. Dyches, R. D. Etux. 2. Johnson, Annie Nixon 3. Martin, Howard F. Hrs. 4. McNamee, Stephen A. 5. Meyers, William B. 6. Mills, Gregory E. 7. Most, Linda H. 8. Pridgen, ala G. 9. Murchison, John R. II Etux. 10. Murchison, Wallace C. Etal. 11. Respass, Lloyd P. Etux. 12. Toney, Fred Jr. 66.27 16.14 2.76 61. 87 4.30 41. 22 30.10 30.70 158.26 184.71 5.30 87.24 Request the following taxes be released as these charges are due to clerical errors of mispricing vehicles, inventory and_ household furnishings, listin~ penalties charged in error, failure to allow use value appraisal, building charged in error, incorrect encoding, incorrect acreage and lot pricing, building charged in error, incorrect township codes, depreciation errors, errors in manual calculations, and computer errors: 1. Auto Exchange of Wilmington 2. Barnett, Joe Louis 3. Barnhill, Larry D. 4. Boling, Connie Oxenreider 5. Brillhart, David N. 6. Burpeau, George 0., Jr. Etux. 7. Callahan, Ralph S. 8. Capitol Mortgage Plan Corp. 9. Carolina Chandler Corp. 10. Chadwick, Cheryl S. 11. Colman, James T. 159.86 144.45 2.24 43.18 37.66 173.00 2.24 29.88 191.77 (1982) 4.42 235.62 Board of County Commissioners Page 4 September 12, 1983 12. 13. 14. 15. 16. 17. 18. 19. PO ~\ . 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 0';! ...lv. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. .45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. Daughtry Hugh Jr. Davis, Juliet H. Dean, James Ingram Dooley, Collie L. Durbin, Vera E. Edge, Steven P. Ely, Robert R. E~nart, Lucille W. Emory, Verge B. Farmer, Etbel R. Gainey, Marshall L. Garrison, Raymond Gelco Corp. Gornto, George Deanes Greene, Jean R. Guthrie, Jane Head Horn, Herbert E. Ingram, Arch C. Lineberger, Robert N Marlatt, Glenn F. McCormick, James P. McHenry, Annette J. Mintz, James R. Murray, Lawrence Linwood Jr. Nixon, Emanuel, Jr. Oleander Company, Inc. Parker, J. C. Jr. Register, Roland G. Reidys, Emil M. Etux. Rhodes, Sara J. Richardson, James T. Robertson, Reece A. S'1.ndre, Roger J. S:.:itter, D. B. Jr. Smith, H. Winfield, Jr. St. Clair, Ruth R. Stone, Halph R. Sykes, Sadie Tetirick, Harry Eugene Thompson, Johnny W. Trask, D. Webster Etal. United VA Mortgage Corp. Wallace, Addie Wilmington Flea Market $ 23.59 235.20 6.17 237.23 2.24 4.42 55.95 1,072.50 75.55 4.42 212.06 892.16 27.75 328.95 4.42 228.67 25.64 384.98 750.13 20.67 42.57 26.04 183.63 (1982) 417.81 162.59 213.06 108.53 91.84 (1982 Refund) 29.91 1,251.78 8.84 164.56 49.03 61. 34 208.01 59.48 88.14 132.66 55.83 9.59 50.52 328.58 (77-83) 4.02 278.58 Request the following taxpayers be allowed the Senior Citizens exclusion as they qualify but failed to receive the reduction: 1. Angel, Glenn 2. Bennett, Homer 3. Campfield, Mary Evelyn 4. Chandler, Goldia Allene 5. Danielsr Edna 6. Fales, Alene, T. 4.02 63.58 113.90 57.80 25.50 113.90 . ' Board of County Commissioners Page 5 September 12, 1983 7. George, Elmer F. 8. Graham, Dorothea 9. Green, Stephen E. Etux. 10. Lewis, Alex Frazier 11. Malone, Senia 12. McCants, Loris Etux. $ 38.03 57.80 113.90 113.90 125.29 113.90 Request the following taxes be released as the property should be coded exempt: 1. Faith Temple Church of God 2. Myrtle Grove Comm. Center 3. New Hanover Co. Bd. of Education 4. New Hanover Private Schools Inc. 5. Oleander Co. Inc. 6. Unity Church of Raleigh 78.71 334.97 (1982 & 1983) 87.52 (1982 & 1983) 203.30 77.45 344.1:8 Request these items be placed on the consent agenda for the County Commissioners' meeting of September 19, 1983. I recommend approval of these abatements as the Commissioners have approved these types of releases in the past. :sw Copy: Mr. Felix Cooper County Manager Mr. Robert Pope County Attorney Mr. Harry Brooks Listing Supervisor Mrs. Pat Raynor Collector of Revenue j' c;; (d.d- ~ ~ /1. 'IS NORTH CAROLINA STATE DEPARH1ENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road Description Roads in Glynwood Vi1laqe Subdivision (Div. File No. 475-N) Koads ln Westwood Heights Subdivision (Div. File No. 477-N) Koads ln GlynwoodII.Estates Subdivision (Div. File No. 478-N) Castle Farms Road (Div. File No. 494-N) WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of Hanover requesting that the above de- scribed road, the location of which has been indicated in red on the attached map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road should be added to the Secondary Road System, if the road meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road, and to take over the road for maintenance. if it meets established standards and criteria. CERTIFICATE The foregoina resolution was duly adopted by the Board of Commissioners of the County or' New Hanover at a meeti ng on the 19th day of September, 19 83 seal this the If~ day Of~~., 1923 Clerk, Board of Commissioners County of New Hanover " Forward direct with request to the Division Engineer, Division of Highways . ~ /jtP~:X;Pt. fC RESOLUTION (GRANT AGREEMENT) EXTRACT FROM THE MINUTES OF A REGULAR MEETING OF THE NEW HANOVER COUNTY COMMISSIONERS HELD ON SEPTEMBER 26, 1983. The following Resolution was introduced by Commissioner Jonathan Barfield, Sr. seconded by Commissioner Donald P. Blake read in full, considered and adopted: RESOLUTION AUTHORIZING, ADOPTING, APPROVING, ACCEPTING AND RATIFYING THE EXECUTION OF GRANT AGREEMENT FOR PROJECT NO. 3-37- 0084-01 BETWEEN THE UNITED STATES OF AMERICA AND COUNTY OF NEW HANOVER, NORTH CAROLINA. BE IT RESOLVED, by the Board of Commissioners of New Hanover County: SECTION 1. That said Board of Commissioners hereby authorizes, adopts, approves, accepts and ratifies the execution of Grant Agreement between the Federal Aviation Administration on behalf of the United States of America and County of New Hanover. SECTION 2. That the execution of said Grant Agreement in quadruplicate on behlf of said New Hanover County by Karen E. Gottovi, County Commission Chairman and the impression of the official seal of the County of New Hanover and the attestation of said execution by Lucie F. Smi th, County Clerk is hereby authorized, adopted, approved, accepted and ratified. SECTION 3. That the Airport Manager is hereby authorized to execute payment requests under this Grant Agreement on behalf of said New Hanover County. SECTION 4. That the Grant Agreement referred to hereinabove shall be attached hereto and made a part of this Resolution as though it were fully copied herein. Copied from SO FORM 5100-18 (10/75) . . . .. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER If Lucie F. Smith, Clerk of the Board of Commissioners of the County hereinafter described, DO HEREBY CERTIFY, as follows: 1. A Special Meeting of the Board of Commissioners of the County of New Hanover, a county in the State of North Carolina, was duly held on September 26, 1983, and minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of said Board. 2. I have compared the attached extract with said minutes so recorded and said extract is a true copy of said minutes and of the whole thereof insofar as said minutes relate to matters referred to in said 3. Said minutes correctly state the time when said meeting t? ., --, " '\ extract. was convened and the place where such meeting was held and the members of said Board who attended said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and have here- unto affixed the corporate seal of said County, this' the 26th day of September, 1983. c MINUTES OF SPECIAL MEETING. SEPTEMBER 26. 1983 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Monday. September 26. 1983. at 9:00 o'clock A.t1. in the Assembly Room, Ne\', Hanover County Administration Building, Wilmington, North Carolina. Members present were Commissioners: Jonathan Barfield. Sr.; Donald P. Blake; Claud O'Shields, Jr~; Chairman Karen E. Gottovi; County Manager G. Felix Cooper; County Attorney Robert Pope; and Clerk to the Board Lucie F. Smith. Members absent were: Commissioner Nolan O'Neal Chairman Gottovi called the meeting to order stating the purpose for which the Special Meeting had been called. ACCEPTANCE OF FEDERAL AVIATION AaqINISTRATION GRANT - AIRPORT IMPROVEMENTS PROGRAW - DRAINAGE STUDY Commissioner Barfield MOVED. SECONDED by Commissioner Blake to accept the grant offer in the amount of $285.501 for ~. Drainage Study and contractual work for drainage at the New Hanover County Airport authorizing the Chairman to execute the agreement. Upon vote. the MOTION CARRIED AS FOllOWS: Voting Aye: Commissioner Barfield Commissioner Blake Commissioner O.Shields Chairman Gottovi Absent: Commissioner O'Neal A copy of the Resolution is contained in Exhibit Book X. Page 46. cfR~pectfullY submi tted, '. 'd~ cie F. Smith Clerk (J /fU'IED TO BE A '!'Rum con , Cl@r}f; w Han~ver County Comml~~19fi@Pg Page I of 5 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 - Offer Date of Offer New Hanover County Airport/Planning Area Wilmington, North Carolina Project No. 3-37-0084-01 Contract No. DTFA-06-83-A-80165 TO: New Hanover County (herein called the "Sponsor") FROH: 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 Application dated September 22,1983, for a grant of Federal funds for a project at the New Hanover County Airport/Planning Area together with plans and specifications for such development project, or the planning work definition for such Planning Project, which Project Application, as approved by the FAA, is hereby (ncorporated herein and made a part hereof; and i-lHEREAS, the FAA has approved a project for the Airport. or Planning Area (herein called the "Project") consisting of the following: Haster Plan update (drainage maps~ report and water table influence study on Runway 16/34); drainage improvements, Runway 5/23. all as more particularly described tn the Project Application. FAA Form 5100-37 (9-82) Page 2 of 5 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, herein called the "Act," 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 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%) from funds appropriated under the Act. This offer is made on and subject to the following terms and conditions: Standard Conditions 1. The maXimum obligation of the United States payable under this offer shall be $285,501 which is comprised ot: $ 62,820 $222,681 $ for planning for deveLopment other than land for land acquisition 2. The allowable costs of the project shall not include anv 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 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 allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall comply with the Airport and Airway Improvement Act of 1982 and shall carry out and complete the Project without undue del'ays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe and agrees to fully comply with the Part V Assurances which are attached to and become a part of this offer. FAA Form 5100-37 (9-82) . iJ Page 3 of 5 pages 5. The FA!\ reserves the right to amend or wichdraw this offer at any time prior to its acceptance by the Sponsor. 6. This offer shall expire and the United States shall not be o~ligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 30,1983, or such subsequent date as may be prescribed in writing by the FAA. Special Conditions 7. Pursuant to Paragraph 15 of Part V, Assurances, of the application dated September 22, 1983, the sponsor hereby covenants and agrees to furnish the Federal Government without cost, within four months after written request therefore, 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 below, provided the respective areas of land and/or buildings deemed adequate by FAA for such purposes are available without the necessity for removing or relocating other facilities and are within the geographic boundari es of the ai rport at the. time reques t there for is made by the FA.,^>; together with rights of ready access in clnd to such areas or buildings for construction, occupancy and use and the right to connect to exis.ting utilities and to be furnished the utility services required to the 2xtent 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 as follows: approximately two (2) acres for air traffic control tower. However, it is agreed and understood that the rights of the United States to cost free areas obtained under unexpired grant agreements with the sponsor are extended for 20 years from the date of this grant agreement. Furthermore, the responsibility for paying the cost of relocating any facilities located in such cost free areas shall be made in accordance with Advisory Circular 150/5300-7B, FAA Policy on Facility Relocations Occasioned by Airport Improvement or Changes. 8. Approval of the project is conditioned on the sponsor's compliance with the applicable air and water quality standards in accomplishing project construction and 1n operating the airport. Failure to comply with this requirement may result in suspension, cancellation, or termination of federal assistance under this agreement. 9. It is understood and agreed that if, during the life of the project, FAA determines that the grant amount exceeds the expected needs of the sponsor by $5,000 or 5% of the grant amount, whicihever is greater, the grant amount can be reduced by letter from FAA to the sponsor advising of the budget change. Upon issuance of the letter, the maximum obligation of the United States under the grant is reduced to the specified amount. FAA Form 5100-37 (9-82) Page 4 of 5 pages Special Conditions (continued) 10. The sponsor agrees to update existing airport layout plan based on non-destructive testing evaluation by March 31, 1984. 11. This agreement includes $206,787 authorized for obligation under the Airport and Airway Development Act of 1970 and, therefore, this grant is also subject to all the provisions of that Act and of 49 CFR Part 152. Th is amount is comprised of the following amounts: a. -0- for planning. b. $206,787 for development. c. -0- for land acquisition. FAA Form 5100-37 (8-82) . '. " Page 5 of 5 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 hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Improvement Act of 1982, constituting the 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 ADHINISTRATION By Manager, Airports District Office Part II - Acceptance The Sponsor does hereby ratify and adopt all statements, representations, warranties, cQvenants, and agreements contained in the Project Application and incorporated matc;rials 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. . ~...'" ~ v J__ Executed thl:" "tr~-.~.xkfC' c: .", ~ ........... 0... _ ..... ~~. ... ~_..~ ~ .. -~ .. \ -'i \ i -tE. · · i i ~;. (S?~L) ... 'MP(iRrs.ExP~S l e. tNOUSTR'f .. ... *' .e ... ... , 196'3. New Hanover County (Name of Sponsor) Attest. By ~ 4/;U;. . . ,It?~_.;~ . ~ Title: CERTIFICATE OF SPONSOR'S ATTORNEY I , ~ie~ r uJ, ?r;p,; . - I certlty: , acting as Attorney for the Sponsor do hereby 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 authorized and that the execution in all respects due and proper and in accordance with the laws of the State of North Carolina and the Act and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation ot the Sponsor in accordance with the terms thereof. J'1- Dated atW,k,,,,,,TO.J j/.c. this ~~ day Title FAA Form 5100-37 (9-82)