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HomeMy WebLinkAbout680346.tiffAUTHORIZING THE ACCEPTANCE OF A GRANT AGREEMENT FROM THE UNITED STATES RELATING TO DEVELOPMENT OF THE WELD COUNTY MUNICIPAL AIRPORT: BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado: Section 1. That the County of Weld, Colorado, shall, as Co-sponsor with the City of Greeley, Colorado, accept the Grant Agreement from the Federal Aviation Agency, dated May 31, 1968, for the purpose of obtaining Federal Aid in the development of the Weld County Municipal Airport, and that such Grant Agreement shall be as set forth hereinbelow. Section 2. That the County of Weld, Colorado., does hereby ratify and adopt all statements, representations, warrantees, covenants, and agreements contained in the Project Application, which is incorporated by reference in the said Grant Agreement. Section 3. That the Chairman of the Board of County Commissioners is hereby authorized and directed to execute said Grant Agreement on behalf of the County of Weld, Colorado, and the County Clerk is hereby authorized and directed to impress thereon the Official Seal of the County of Weld, Colorado, and to attest said execution. Section 4. That the Grant Agreement referred to hereinabove shall be attached and made a part of this resolution. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: DATED: JUNE 5, 1968 Project No. 9-05-011-05 AYES: y TI M OF -COUNTY -CO SSIONERS WELD COUNTY, COLORADO 680346 Page 1 of 6 pages FEDERAL AVIATION AGENCY GRANT AGREEMENT Part 1 -Offer Date of Offer May 31, 1968 Weld County Municipal Project No. 9_©5 Au_C8p5 Contract No. FA68WE_5077 TO: The City of Greeley ark the Cqunty of Weld, Colorado (herein referred to as the Sponsor ) FROM: The United States of America (acting through the Federal Aviation Agency, ferred to as the "FAA") WHEREAS, the Sponsor 1968 ment of the the "Airport"), together as approved by the FAA Airport herein re - has submitted to the FAA a Project Application dated February 20, , for a grant of Federal funds for a project for develop. Weld County Municipal Airport (herein called with plans and specifications for such project, which Project Application, 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: Install medium intensity runway lighting system for runway 9/27 including electrical equipment house, control equipment, beacon and tower, and lighted wind cone. all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 1632 (3-62) USE PREVIOUS EDITION PAGE 1 Page 2 of 6 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 Proj ect 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 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 pay, as the United States share of the allowable costs incurred in accomplishing the Project, 53.36 parent of said salasable project cast. 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 $ 38,5mB.00 2. The Sponsor shall: (a) begin accomplishment of the Project within ninety (90) 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"; 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. (c) 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 151.63 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 (6-83) DESTROY PREVIOUS EDITION PAGE 2 Page 3 of 6 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 III of said Project Application, that in its operation and the operation of 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 Jose 30, 1968 or such subsequent date as may be prescribed in writing by the FAA. 8. la addition the wee shall: (a) ieaaeprass we alms robe tereeperated is esdt scarcest tar eons elgemtiemi at ceder the priciest, sr my vaditisattea thereat. tie coal apperamtS class as set torsi is Searle* 202 at srneattas Order 11e. 11246 et Septeaber 24, 1,65. sr aadt a ittle atiaa Basest as may be approved by the Secretary et fader. (b) Issarperate ae seer S. is ismrepsntai has eh bid ar proposal tame embattled by parapegttee eeatresears tar Pnece s etiss welt aader the project the pesviaiass pwaeetisd by Seethes 151.54(4)(1). Tart 131. Pedeaati Aviaries Sevelertsee. (c) Se bound by said snarl arppee retry clams is any Federally assisted aeeaCreartee sect lath it psrtiadpatsa. (4) Cooperate aatiesly with the FMA eat the Secretary of Labor is abatis - Ise the aarpliseas at teens and enbeeetrectere with the opal appeetesity class and the roles. res legtees. and relevant orders of the Stay of Leber. (s) Fsretai the FAA and the Secretory at Leber at faHmaatiea me they may napalms !cs the a4eriaiaa d each sn*Itaens and rill atiaswias assist Cie IN is the dusters at its pry rsepaa- elbtlity der sseertss su*liaess. Astrais teen aeSartsj Inge a+ aeotract or severest neditiestiaa abject to Seeserivs Ardor fie. 11246 with a eastraawr debarred true. sr *hobos net d eeeatached slipiility tar. Snerteaes t sateseta and Iedecaily assisted aastrrriae sestets pie r to Matt IS. Subpart • at Smeametvs Cordes 10. 11246. (t) FAA FORM 1632 (6-63) DESTROY PREVIOUS EDITION PAGE 3 Page fi of 6 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 the obligations 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 life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION AGENCY B Part II -Acceptance The City or Greeley, Colorado 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 4b65 day of (SEAL) VNC By , 19.t •.. . City .of . Greelrgr, .Colorado Name of Sponsor) Title ... Mayor" Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY + I, ... -(i!*..z.. . �i./�/ c4c.., acting as Attorney for .. 4.c 6 4lw� (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 execuu op thereof is in all respects due and proper and in accordance with the laws of the State of . a (o/.A-cid , 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 se 7% this 4791— day of 757", , 19 CF. C 4j Title FAA FORM 1632 (3-62) USE PREVIOUS EDITION PAGE Alto The tounty d VVe1EA does hereby ratify and adopt all statements, ,-enrege„t:,tiffs. 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 5th day of June 19 68 Weld . County,..Colorado... ... . (Name of Sponsor) By (SEAL) Attest: 9) ........ Title: Acting. CLerk to the Board CERTIFICATE OF SPONSOR'S ATTORNEY Title Chairman, Board of County Coamissionera 1 Samuel S. Telep acting as Attorney for Weld County, Colorado (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 Greeley,, C.o.lorado this 5thday of Title FAA FORM 1632 (3-621 USE PREVIOUS EOI?ION PAGE, "teal SPONSOR ASSURANCE TO ACCOMPANY PROJECT APPLICATION DATED February 20, 1968 MIELTACqMOT,(AEOR THE DEVELOPMENT OR IMPROVEMENT CF THE AIRPORT Nondiscrimination in Federally -assisted Programs of the FAA. In order to furnish the assurances required by Title VI of theCivil Rights Act of 1964, and by Part 15 of the Federal Aviation Regulations, as amended, the City of Greeley and Weld County, Colorado (hereinafter called the "Sponsor") hereby covenants and agrees with "Government") as follows: The Sponsor in the operation and use Airport, will not on the grounds of race, irate or permit discrimination against any person or group of persons in any manner prohibited by Part 15 of the Federal Aviation Regulations. The Sponsor will include, or require the inclusion of, the foregoing covenant in every agreement or concession pursuant to which any person or persons, other than the Sponsor, operates or has the right to operate any facility on the Airport providing services to the public, and a provision granting the Sponsor the right to take such action as the Government may direct to enforce such covenant. Noncompliance with the above assurances shall constitute a material breech, and in the event of such noncompliance the Government may take appro- priate action to enforce compliance, may terminate the Grant Agreement to which this covenant relates, or seek judicial enforcement. The covenant shall become effective upon execution of a Grant Agreement pursuant to the above identified project application and shall constitute the United States (hereinafter called the of the Weld County Municipal color, or national origin discrim- part of the Grant Agreement to which it relates and shall remain in full force and effect so long as the airport covered by such agreement continues to be used and operated as a public airport. City_of Greeley. Co) ratio (Name of Sponsor) 7itle 3`u.vc. 4 , /9Fr (Date) Weld County, Colorado 76/ rman, Board of County Commissioners June 5, 1968 (Date) RESOLUTION NO. RESOLUTION AUTHORIZING THE ACCEY`1'ANCE OF A GRANT AGREEMENT FROM THE UNITED STATES RELATING TO THE DEVELOPMENT OF THE WE'.ID COUNTY MUNICIPAL AIRPORT BE IT RESOLVED by the Board of County Commissioners of the County of Weld, Colorado: Section 1. That the County of Weld, Colorado, shall, as Co-sponsor with the City of Greeley, Colorado, accept the Grant Agreement from the Federal Aviation Agency, dated May 31, 1968, for the purpose of obtaining Federal Aid in the development of the Weld County Municipal Airport, and that such Grant Agree- ment shall be as set forth hereinbelow. Section 2. That the County of Weld, Colorado, does hereby ratify and adopt all statements, representations, warrantees, covenants, and agreements contained in the Project Application, which is incorporated by reference in the said Grant Agreement. Section 3. That the Chairman of the Board of County Com- missioners is hereby authorized and directed to execute said Grant Agreement on behalf of the County of Weld, Colorado, and the County Clerk :s hereby authorized and directed to impress thereon the Official Seal of the County of Weld, Colorado, and to attest said execution. Section 4. That the Grant Agreement referred to herein - above shall be as follows: FEDERAL AVIATION AGENCY GRANT AGREEMENT Part 1 -Offer Date of Offer May 31, 1968 Weld County Municipal Project No. 9-05-011-C805 Contract No. FA68WE-5077 Airport TO: The City of Greeley and the County of Weld, Colorado (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, S, the Sponsor ment of the the "Airport"), together as approved by the FAA has submitted to the FAA a Project Application dated February 20, , for a grant of Federal funds for a project for develop. Weld County Municipal Airport (herein called with plans and specifications for such project, which Project Application, 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: Install medium intensity runway lighting system for runway 9/27 including electrical equipment house, control equipment, beacon and tower, and lighted wind cone. all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 1632 (3-62) USE PREVIOUS EDITION PAGE 1 Page 2 of 6 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Federal Airport Act, as amended (49 U.S.G. 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 (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 BEIIALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 53.36 percent of said allowable project cost. 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 $ 18,538.00 2. The Sponsor shall: (a) begin accomplishment of the Project within ninety (90) 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 die FAA. 3. The allowable costs of the project shall not include any costs determined by the FA \ to be ineligible for consideration as to allowability under Section 151.11 (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 1 5 1.5 7 - 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 151.63 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 PAGE 2 Page 3 of 6 pages 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 III of said Project Application, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or I 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 be fort June 30, 1968 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 con- struction 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 Federally assisted construction work in which it participates. (d) Cooperate actively with the FAA and the Secretary of Labor in obtain.. ing the compliance of contractors and subcontractors 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 respon- sibility for securing compliance. 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 contracts and Federally assisted construction contracts pursuant to Part II, Subpart D of Executive Order No. 11246. (f) FAA FORM 1632 (8-63) DESTROY PREVIOUS EDITION PAGE 3 Page 4 of 6 pages (8) Carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub- contractors by the FAA and the Secretary of Labor pursuant to Part II, Subpart 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 11246 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 Federal Government does not now plan or contemplate the construction of any structures pursuant to Paragraph 9 of Part III - Sponsor's Assur- ances of the Project Application dated February 20, 1968 it is understood and agreed that the Sponsor is under no obligation to furnish any areas or rights without cost to the Federal Government under this Grant Agreement. However, nothing contained herein shall be con- strued as altering or changing the rights of the United States and/or the obligations of the Sponsor under prior Grant Agreements to furnish rent-free space for the activities specified in such agreements. 10. It is understood and agreed by and between the parties hereto that Paragraph 7 of Part III - Sponsor's Assurances - of the Project Appli- cation, attached hereto and made a part hereof, is hereby amended by deleting "Section A of FAA Technical Standard Order No. N18., or Advisory Circular (AC) No. 150/5300-1, whichever is applicable according to the currently approved airport layout plan," and substituting in lieu thereof, "Part 77 of the Federal Aviation Regulations (14 C.F.R. Part 77)." 11. By its acceptance hereof, the sponsor hereby covenants that to the ex- tent it has or may have either present or future control over each area identified on the Exhibit "A" as "clear zone", and unless exceptions to or deviations from the following obligations have been granted to it in writing by the FAA, it will clear said area or areas of any existing structure or any natural growth which constitutes an obstruc- tion to air navigation within the standards established by Part 77 of the Federal Aviation Regulations; and the Sponsor further covenants that it will control the subsequent erection of structures and control natural growth to the extent necessary to prevent the creation of obstructions within said standards. 12. 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 specifications 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. Page 4 Page 5 of 6 pages 13. 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 airport 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 ex- clusive right not subject to termination under this provision. 14. It is hereby understood and agreed by and between the parties hereto that the United States of America will not make nor be obligated to make final payment until the sponsor has re -marked the displaced threshold at the east end of runway 9/27 to show its new location in conformance with the plans for this project. The markings will be in accordance with Advisory Circular AC150/5340-1A. 15. It is further understood and agreed by and between the parties hereto that the United States will not make any payment until the sponsor has submitted a new Airport Layout Plan and has obtained its approval from the Federal Aviation Administration. 16. It is hereby understood and agreed by and between the parties hereto that the United States will not make any payments under this agree- ment prior to July 1, 1968. Part 11 —A ccenta,lee The County of Weld 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 , 19 Weld. County,. Colorado (Name of Sponsor) By (SEAL) Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY I, Title Chairman, Board of County. Commissioners , acting as Attorney for (herein referred to as the "Sponsor") do hereby certify: That I have examined Sponsor relating thereto, and orized and that the execution laws of the State of Agreement constitutes a legal thereof. the foregoing Grant Agreement and the proceedings taken by said find that the Acceptance thereof by said Sponsor has been duly auth- thereof is in all respects due and proper and in accordance with the , and further that, in my opinion, said Grant and binding obligation of the Sponsor in accordance with the terms Dated at this FAA FORM 1632 (3-62) USE PREVIOUS EDITION day of ,19 Title PAGE 14,6 O.-, Page AC 6 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 the obligations 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 life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION AGENCY By 7 W. A. Stephens(T1TLE) AREA MANAGER, DENVER AREA Part II -Acceptance The City of Greeley, Colorado 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 , 19 city of Greeley, Colorado (SEAL) Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY I, By (Name of Sponsor) Title Mayor , acting as Attorney for (herein referred to as the "Sponsor") do hereby certify: That I have examined Sponsor relating thereto, and orized and that the execution laws of the State of Agreement constitutes a legal thereof. the foregoing Grant Agreement and the proceedings taken by said find that the Acceptance thereof by said Sponsor has been duly auth- thereof is in all respects due and proper and in accordance with the , and further that, in my opinion, said Grant and binding obligation of the Sponsor in accordance with the terms Dated at FAA FORM 1832 (3-621 USE PREVIOUS EDITION this day of , 19 . Title PAGE C.& ADOPTED this 5th day of for the County of Weld, Colorado. June 1968, Title:Chairman, Board of County Commissioner! SEAL County of Weld, Colorado ATTEST: By: 4,, 7Y) Title: Acting Clerk to the Board CERTIFICATE OF COUNTY CLERK I, Lu M. Flack , the duly qualified and acting County Clerk of the County of Weld, Colorado, do hereby certify that the foregoing Resolution was duly adopted at a (regular) (special) meeting of the Board of County Commissioners of the County of Weld, Colorado, held on the 5th day of June 1968, and that said Resolution has been compared by me with the original thereof on file in my office and is a true copy of the whole of said original. IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the County of Weld, Colorado, this 5th day of June 1968. 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"iiiadtseter" se "fetes* Aeleth t esra4", kdbts er they tipper is tae Ideeeteat. le the Prom Iipptl ant, Ilse aid s*.dielaetlaus sr sthte dareste allgiileinj . pert .1 tuts awash** dull bed. r to a e4 the Federal Slattern Ydaiasai.r err the pwerel Inlatilestiebdetoretles s the erase ea+ be. rase 4 Page 5 or 6 pages 13. Notwithstanding the provision of Paragraph 3, Pert 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 ($9 U.S.C. 1349) at the airport, or at any other airport now or hereafter owned or controlled by it In furtherance of the policy of the FAA under this covenant, the Sponsor agrees that, unless authorised 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 sig,tseeing, 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 ex- clusive right not subject to termination under this provision. 14. It is hereby understood and agreed by and between the parties hereto that the United States of America will not awake nor be obligated to make final payment until the sponsor has re -marked the displaced threshold at the east end of runway 9/27 to show its new location in conformance with the plans for this project. The markings will be in accordance with Advisory Circular AC15Q/53 0-1A• 15. It is further understood and agreed by and between the parties hereto that the United States will not make any payment until the sponsor baa submitted a new Airport Layout Plan and has obtained its approval Iron the Federal Aviation Administration. 16. It is hereby understood and agreed by and between the parties hereto that the United States will not make any payments under this agree- ment prior to July 1, 1968 Hello