HomeMy WebLinkAboutElizabeth Field
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Page 1 of 4 Pages
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 - Offer
Date of Offer: August 13, 1985
Elizabeth Field Airport/Planning Area
Project No. 3-36-0029-01-85
Contract No. FA-EA-2663
TO: The Town of Southold
(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 Application
dated July 30, 1985 ,for a grant of Federal funds for a
project at or associated with the Fishers Island
Airport/Planning Area which Project Application, as approved by
the FAA, is hereby incorporated herein and made a part hereof; and
HHEREAS, the FAA has approved a project for the Airport or
Planning Area (herein called the "Project") consisting of the
following:
"Seal and Repair Runways 1-25 and 12-30"
All as more particularly described on the property map attached
as Exhibit "A" to the Project Aplication and on the Plans and
Specifications for this work certified by the Town of Southold on
July 26, 1985, all of which are incorporated by reference and
made a part here of;
all as more particularly described in the Project Application.
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Page 2 of 4 Pages
NOH 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/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 public from the accomplishment of the
Project and compliance with the assurance~ 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,
90$ of all such costs
This 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 $134,244.
may increase the foregoing maximum obligation of the
United States under the provisions of Section 512(b) of
the Act, the following amounts are being specified for
this purpose:
$ - 0 -
$ - 0 -
$ 134,244
for planning
for land acquisition
for airport development or
noise program implementation
(other than land acquisition).
2.
The allowable costs of the project shall not include any
costs determined by the FAA to be ineligible for consider-
ation 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. Unless otherwise
stated in this grant agreement, any program income
earned by the sponsor during the grant period shall be
deducted from the total allowable project costs prior to
making the final determination of the United States
share. 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.
,
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Page 3 of 4 Pages
4. The sponsor shall carry out and complete the Project
without undue delays 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.
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 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 Seotember ~O. 1q8~ 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 fraudu-
lently, 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 howe~er 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.
It ';:'lall 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 posi tions 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 responsible or liable for
damage to property or injury to persons which may
arise from, or be incident to, compliance with this
grant agreement, and the sponsor shall hold the United
States harmless from all claims arising from, or related
to, completion of the project or the sponsor's continuing
compliance with the terms, conditions, and assurances
in this grant agreement.
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Page 3a of 4 Pages
SDecial Conditions
1. It is understood and agreed that the Sponsor shall complete
this project to provide a safe and usable unit.
2. It is understood and agreed that the typewritten description
of airport development appearing in Item 7 of the Project
Application is hereby deleted and the typewritten description
of airport development appearing in the "WHEREAS" clause on
Page 1 of the Grant Offer is substituted in its place and
stead.
3. It is understood and agreed that Federal participation in the
project costs will be limited to the costs of that work
accomplished after the date of acceptance of the Grant
Agreement.
4. It is understood and agreed that all references to the
Airport Development Aid Program of the Federal Aviation
Administration in the Title VI of the Civil Rights Act of
1964 Assurances (7 pages) shall be replaced by the Airport
Improvement Act of 1982.
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Page 4 of 4 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 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
FEDERAL AVIATION
cJ
( Name)
(Title) anae:er.
District Office, Eastern
Region, Jamaica, N.Y.
Part II - Acceotance
The Sponsor does hereby ratify and adopt all assurances, state-
ments, 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 Project Application.
Executed this
16th
day of August
, 1985.
\
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Attest} t'c.d~7-c ~7: ?-c'/=--.
,/ Ith T Terry / "-
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Title: Southold Town Clerk
JUDrrH T. TERRY
NoterY Public. Slate of New york
No. 62-0344963 Suffolk Cou~,:f
CommisSion Expiree March 30. 18, o(
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4a of 4 Pages
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Robert W. Tasker , acting as Attorney for the Sponsor do hereby
certify;
That in my opinion the Sponsor is empowered to enter into
the foregoing Grant Agreement under the laws of the State of
New York Further, I have examined the foregoing Grant
Agreement and the actions taken by said Sponsor relating thereto,
and find that the acceptance thereof 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 accordance with the
terms thereof.
Dated at Greenport, New York this 16th day
of August ~85. {/1
'l'fl1(7Q;tIC/
Sig ature of Sponsor's Attorney
(bu (f) tUX
ANN M ASm
NOTARY PU8lle, 21::!~ d tkw Yon,
Sulfolk County Nt) 1:;",(: Ii;::
Term Expire, M",rcll 3U. i~'.517
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Town of Southold
TCmlship
53095 Main Rond
Southold
New York
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Rehabilitation of Existing Runways
Elizabeth Field .
Fishers Island, Southold, New York
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PAIn II
PROJECT APPfWV/,L 1I~r-ORI!,ATloti
SECTIOH A
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Item 1.
~hiS assistance request require Sfo'te, loed,
regional, or oth.::r priority roting?
Nome of Gave rning Body
Priority Ratin3
Yes X No
"("In 2.
~;;;:"this assis.tance request require State, or tocal
(jd~'isory, educational or health clearances?
NOlne of Ag~ncy or
Boord
Yes
X
No (Attach Documentation)
It,," 3.
Docs this assistance rc~uest require clearinghouse re.....iew
i'n accardonce with OMS Circular A.95?
(Attach Comments)
Attached hereto as Exhibit "D"
X
Yes
No
X y,.s
Nome "f Ap,proving Ag~ncy Town qf SouthQ_1d
Dole .!.l~tion dated: June 211, lCJl.Q.
No Feb. 26, 1985, June 4, 1985 hnd
__' ann~herGto as EXhi bi t "B"
Item 4.
~0his assistance request Icquire St.at~, local,
"regional or oth~'r planning Gp~)r(,lvC1l?
-_.----
. Iiem 5.
~;;-;-propased project eover"d by an approved
COn'iprehen si\'e p len?
x
Yes
Che<k ene: Stote '7l
Local 0
Regional 0 .
No Lacotic~ of plan ~te"iQ..a.llliate.r:.J2J BJ1. A lhATl';.
N e.li..Ym:k--
Item 6.
i'iiiilhe cssistance requesterl serve 0 Federal
installation? .yes
X
Name C't Federollnstal!otion ..
No F('o~ral POru!otion benefit ins from Project
v.
Yes
Nome of Federal Installation
Loco'i,-,n of Federal Lend
No Percent of Project
Item 7.
~~ assistonce'requested be on F~d~ro{ kmd
(\r installation?
X
Yes_JC__t~a
See instruction for odditionol information to be
provided. Annexed hereto as Exllibi t "C".
Is the finding of no signifi'c'iint
imnact.
Itr.:m 8.
\Viii the assistance requested hove on impcct or effect
()n the environncnt?
-----
Nun,b-..r of:
Indi....idlJcl s
Fr\(f\i1i(':s
o.u~inc,.~.cs
Form6
Item 9.
\\;~Ti1hc:: lJssi s'Jn..:e lequ.e~t._~d CQU:>C" 1he- di:;pl~ccrnent of
iuJividunls f..lmilies, bU5in';'s".~~, C'I klrms:
.~.~._-;.:;..,; y t".:..L:=~X._;-..l.!~_
~ml0.
Is, tbere C'1hel (eluted F(..~-.",o! OS:-istOllt;"(. {In ~hi5
project pf(.\'ious, penJi.\n, or anticipated?
5et- iw,tr\lcti('ln~ f(')r Cldd!tionol inforOlotilJo 1..' ue
provided. '
__ Yes _X__No
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PART II - SECTIO:/ C
The Sponsor hereby ~epresents and certifies as follows:
1. Compatible Land Use.--The Sponsor r.as taken the following actions
to assure compatible usage of land adjacent to or in the vicinity of the
?i~ort:, ~h~ Sponsor ha~ enacted, zoning restrictions with respect to the propert
1n ,he v1c1n1ty of the a7~ort wh1ch restrict the use of such properties to -
res1dential use. In add1t10n, the deed by which the Sponsor acquired title to ~
airport property from the pnited.States goverrwent imposes restrictions on the u~
of all of the property acquired by the Sponsor. A copy of said deed is annexed
hereto as Exhibit "A". .
,'_ 2. Defaults.--The Sponsor is not in
United States or any, agency of the United
development, operation, or maintenance of
herewith:
defaul t on any obligation to the
States Government relative to the
any airport, except as otated
NONE
3. Possible Disabilities.--There are no fact:r'pr circumstances
(includinc the existence of effective or proposed leases, use agreements
rtr other leznJ, :in13trt~entB affecting \l3e of the Airport or the existenoe
of pendiilg litigation or other legal pJ:'QceedingB) which in reasoIlltble
probabili "'..7 might make' it impossible fo,,: the Sponsor to carry out end
complete 'the Project or ca..-ry out the '[.lrov1cions .of Part V of thi!;
'Applicaticn, either by limiting ~ts legal or financial ability or otherwise,
except as follows: .
NONE
, 4. !,md.--(a) The Sponsor holds tne folloving property interest in
the following areas of land'" which a.:re to be developed or used as part of
or in connection with the Airport, sub~ect to the folloving exceptions,
encumbrances', and adverse interests, all of which areas are identified on
'the aforementioned property map design,',ted as Exbibi t "A":
. ;,Ti tIe t;) the airport property was acquired by the Sponsor by deed dated
April 16, ,.-959 and recorded in the Suffolk County Clerk's Office on April 20
li59 in Lll)er 4614 of deeds at page 296. Said deed 'restricts the us" to the'
a rport pnperty ,to airport use. A copy of said deed is amwxed her~to'
as Exhibit "A". . '
"'State chr.racter of property interest in' each area and list and iG,enti:fy
for each ~l exceptions, encum~rances, and adverse interests of every kind
and nature, including liens, easemento, leases, etc. The separatt' areas of
land need only be identified here by the area numbers shown on .thl' property
map.
Page 3a.
, . c
OMS NO. Q4.R020'i
DEPARTMENT OF TRAN5PORTATION - FEDERAL AVIATION ADMINISTRATION
PART II - SECTION C (Continued)
the Sponsor further certifies that the above'is based on a title examination by a qualified attorney or title company and that
such attorney or title company has determined that the Sponsor hold, the above property interests.
,
. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under
the Project, the following property interest in the following areas of land* on which such construction work is to be performed
all of which areas are identified on the aforementioned property map designated 3S Exhibit "A ":
NONE
(c) The Sponsor' will acquiTe within a reasonable time, ami if fcasible prior to the completion of all construction work und,
the Project, the following property interest in the following areas of land* which are to be developed or usc-t! as part of or :
connection with 'the Airport as it will be upon completion of the Prcjcct, all of which areas are identified on the aforementio",
property map designated as Exhibit "A n: '
NONE
.
5. Exclusive Rill:hts.-There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport OWl'
or controlled by the :>ponwr except .s follows:
NOllE
"Stale character of properl_Y inter,,' in each area and lisl and idelllif." for each all exceplion" encumorance!, andadu"''' illt.
of Pl'ery kind "nd nalure, in dud ill; lien" e",emenU, lea"', elc. The ,.parale area, of land need only be i':entif"d, he,. b"
area numvl"rs SholL'n on the pro pert)' map.
PO"
FAA Form 5100-100 (4.16)
I. ....
DEPARTMENT OF TRANSPORTATION. FEDERAL AVIATION ADMINISTRATION \
I PART III - BUDGET INFORMATION - CONSTRUCTION
I SECTION A - GENERAL
,
Il.
,
[2.
Federal Domestic Assistance Catalog No. . . . . . . . . . . . .
20.106
F unctiona I or Other Breakout . . . . . . " . . " " . . . . . . . . ,
,
SECTION B - CALCULATION OF FEDERAL GRANT
Use only for revisions
Cost Classification
Lotest Approved
Amount
Adjustment
t- or (-)
I
! 1. Adm.l1istralion expense
i 2. Prell;ninaryexpense
, 3. Land,structures, right.ot.way
S
I
S
: 4. ArchItectural engineering basic fees
! 5. Other architectural engineering tees
r-
: 6. Project inspection fees
7. Land develop;nent
I 8.
9.
Relocation Expenses
Relocation paYi:lents to Individuals anD Businesses
, 10. Demolition and removal
111.
I
, 12.
I
i 13.
I
: 14.
! 15.
i 16.
Construction and project improvement
Equipment
Miscellaneous
Total (Lines I through 13)
Estimated Income (it applicable)
Net Project Amount (Line 14 minus 15)
! 17. Less: Ineligible Exclusions
I
i 18. Add: Contingencies .
19. Total Project AmI. (Excluding Rehabilitation Grants)
20. Federal Share reouested at Line 19
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (Lines 20 & 21)
23. Grantee share
,24. Other shares
. .
I
: 25.
,
Total projcct rUnes 22.23 ((. 241
F ---'--'G
FAA Form 51CO.1OJ 1613: SUPERSEDES FAA. FOl:;>M 5100.10 PAGES 1 THRU 7
OMS NO. 80-R0184
Total
Amount
Required
S
2,500
7,900
17,900
120,860
149,160
149,160
149 .160 .
.
134,244
134,244
3,729
_,__..11,187
I
I~ 149,160
Pag~ 4
.
. ..
\
DEPARTMENT OF TRANSPORTATION.. FEOERAL AVIATION AOM'NISTRATION
(;1MB "'0. llO-ROt84
I SECTION C - EXCLUSIONS
I -
..
Cla~5HiCCltio" loe lig ill Ie fOf Excluded from
I Partie ipation Contingl!ncy Provision
; "of in 12\
r-~:"---'------------- t-
i $
.'
'----....------ ..---.------.-.-- ____.__n___ _+.' ______ .-----_. -
I
'. I
--- -1-.--
I I
.,
i i
I
!d . ,
!
~ r=
I
..
----
'- ,
! -
:9 Totols ..JS N/A $ N/A
; SECTION D - PROPO.SED METHOD OF FINANCING NON-FEDERAL SHARE
I
I"' Grantee $ha;e S
f L'.
I
i a SecurlLes
I ...--.-..-.- n_.__. __ -
,
I b. Mortgages
-
I c.. ApprCDllations (By Applicant) I 3,729
;
!~ -
I "' 8:;"ts
,
I e. Tax Levies
f.. Non Cash
g. Otrell Explain)
I -
i h. TOTAL - Grantee share 3,729
~R.
Other Shares
a. Stale 11,187
-
b. Other
c. Total Other Shares 11,187
29. TOTAL S 14,916
SECTION E - REMARKS
,
I --
i
, PART IV PROr.RAM ~jARRAT!VF iAttn,-h h \pp I.','h"r"~n<\
.
'1 '&-
PART V
ASSURANCES
Airport and Planning Agency Sponsors
A. General.
1. These assurances shall be complied with in the performance of the
folleving grant agreements:
a. Airport development, airport planning, and noise program
implementation grants to airport sponsors.
b. Integrated airport system planning grants to planning agencies.
2. These assurances are required to be submitted as part of the project
application by sponsors requesting funds under the provisions
of the Airport and Airway Improvement Act of 1982 or the Aviation
Safety and Noise Abatement Act of 1979. A sponsor may be a public
agency with control of a public-use airport or it or may be a private
owner of a public-use airport (hereinafter referred to as "private
sponsor". )
.
3. These assurances also are required to be submitted as part of the
project application by a sponsor which is both a public agency and
a plannu.g agency re~uesting funds for integrated airport system
planning under the p,.ovi.~ions of the Airport and Airway Improvement
Act of 1982.
q. Upon acce?tance of the grant offer by the sponsor, these assurances
are inco,'porated in and become part of the grant agreement.
B. Duration and,~pplicability
1. Airpor~.D~velopment or Noise Program Implementation Projects
undertaken by a public aRency (airport sponsor). The terms,
conditions and assurances of the grant. agreement shall remain in
full force and effect throughout the useful life of the facilities
developeO or equipment acquired for ~, airport development or
noise program implementation project, or throughout the useful
life of che project items installed ~~thin a facility under
a noise program implementation proje,.t, but in any event
not to exceed twenty (20) years from the date of acceptance of
a grant offer of Federal funds for the project. However, there
shall be no limit on the duration of the assurance against exclusive
rights or the terms, conditions, and assurances with respect to
real property acquired with Federal funds. Furthermol'e, the duration
of the Glvil Rights assurance shall be as specified in the assurance.
2. Airport Development or Nois'e Proa;rat\ Implementation Projects
undertal_en by a private sponsor. n"J preceding paragraph 1 als,o
applies to a private sponsor except chat the useful life of
project items installed within a facility or the useful life of
facilities developed or equipment acquired under an airport
dove lop'::ent or noise program 1mplew.nta tion project' shall be no
less th~n 10 years from the date of the acceptance of Federal
aid for the project.
r." l~,..._.... r;ln(t-lnn (H-H':')
2
3. Airport Plannin~ undertaken by a soonsor. Unless otherwise specified
in the grant agreement, only Assurances 1,2,3,5,6,13,18, and
30 in Section C apply to planning projects. The terms, conditions and
assurances of the grant agreement shall remain in full force and
effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with
respect to this grant that:
1. General Federal Reouirements. It will comply with all applicable
Federal laws, regulations, executive orders, policies, guidelines
and requirements as they relate to the application, acceptance and
use of Federal funds for this project including bu~ not limited to
the following:
Federal Le~is1ation
a.
Federal Aviation Act of 1958 - 49 D.S.C. 1301, !l~'
Hatch Act - 15 U.S.C. 1501, et seo. 2/
Fede~al Fair Labor Standards-Xc~: 29 U.S.C. 201, !l~'
Davis-Bacon Act - 40 U.S.C 276(a), !l~' 2!
Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 - Titles II and III,
42 U.S.C. 4621-4655. l' 2/
National Historic Preservation Act of 1966 - Section 106 -
16 D.S.C. 470(f). 1/
Aroheological and Historic Preservation Act of 1961 -
16 U.S.C. 461, et ~. 1/
Flood Disaster Protection Act of 1973 - Section 102(a) -
42 n.s.c. 4001, note. 1/
Rehabilitation Act of 1973 - 29 D.S.C. 794.
Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d, !l s~
Avbtion Safety and Noise Abatement Act of 1979,
49 U.S.C. 2101, !l~'
Age Discrimination Act of 1975 - 42 D.S.C. 6101, !l~'
Arc:litectural Barriers Act of 1968 - 42 U.S.C. 11151, !l. sec. ]j
Air':.ort and AiM~ay Impro,',ement Act of 1982 -
49 IT.S.C. 2201, !l ~
Po.,,,rplant and Industrial Fuel Use Act of 1978 - Secti?n 403 -
42 U.S.C. 8373. 1/
Contract Work Ro~rs and Safety Standards Act - 40 u.S.C.
327, !l~' 2!
Copeland Kickback Act - 18 U.S.C. 874. 1/
National Environmental Policy Ac~ of 1969 - 42 D.S.C.
4321, !l seq. 2!
Endangered Species Act - 16 U.S.C 668(a),!l seq. 2!
b.
c.
d.
e.
f.
g.
h.
1.
j.
k.
1.
m.
n.
o.
p.
q.
r.
s.
]j These laws do not apply to planning projects.
2/ These laws do not apply to private sponsors.
FAA Form 5100-100 (8-5.)
3
Executive Orders
Executive Order 12312, Intergovernmental Review of Federal
Programs.
Federal Regulations
a. q9 CFR Part 21 _ Nondiscrimination in Federally-Assisted Programs
of the Department of Transportation - Effectuation of Title VI
of the Civil Rights Act of 196q.
b. q9 CFR, Part 23 _ Participation by Minority Business Enterprise
in Department of Transportation Programs.
c. q9 CFR Part 25 _ Relocation Assistance and Land Acquisition
for Federal and Federally Assisted Programs.
.
d. 29'CFR Part 1 _ Procedures for Predetermination of Wage Rates.
e. 29,CrR Part 3 _ Contractors or Subcontractors on Public Buildings
or Public Works Financed in ~lhole or Part by Loans or Grants
from U.S.
f. 29 CFR Part 5 _ I~bor Standards Provisions Applicable to Contra~ts
Coverir~ Federally Financed and Assisted Construction.
g. q9 CFR Part 27 _ Non_Discrimination on the Bas~s of Handicap iI,
Pro~rams and Activities Receiving or Benefiting from Federal
Financial Assistance.
h. q1 CfR Part 60 _ Office of Federal Contract Compliance Progra~,
Equal Employment Opportunity, Depcrtment of Labor (Federal and
Federally-assisted Contracting Requirements).
i. "q GFR Part '50 _ Airport Noise Compatibility Planning.
j. Reserved.
Office of Hana~ement and Bud~et Circulars
a. A-87 _ Cost Principles ApplicablH to Grants and
Contracts with State and Local Governments. -
b. A_102 _ Uniform Requirements for Assistance to
State and Local Governments. -
. OMB Circulars A-87 and A-102 contain requirements for state
and local governments receiving Federal assistance. Any
requirement levied upon state and local governments by those
FAA Form' 5100-100 (8-S4)
~'
two circulars shall also be applicable to private sponsors
receiving Fe~eral assistance under the Airport an~ Airway
Improvement Act of 1982.
Specific assurances required to be included in grant agreements by any
of the above laws, regulations or circulars are incorporated by
reference in the grant agreement.
2. Responsibility and Authority of ,the Sponsor.
a. Public A~ency Sponsor: It has legal authority to apply for the grant,
and to finance and carry out the proposed project; that a resolution,
-motion or similar action has been duly adopted or passed as an official
act of the applicant's governing body authorizing' the filing of the
application, including all understandings and assurances contained
therein, and directing and authorizing Nle person identified as the
official representative of the applicant to act in connection with
the application and to provide such additional information as may be
reqjlirec.
b. Private Sponsor: It has legal authority to apply for the grant
and to finance and carry out the prorosed project and comply with
all terlli3, cond ~t io!:s, and assurance~ of this gr~_rlt, agreement.
It shall ciesignat.0 -:in offie.ial r~pres8ntat.ive!, and shall in writing
direct and authorize that person to file this application, including
all understandings and assurances contained therein; to act in
connection with the application; and to provide such additional
information as may be required.
3. Sponsor Fund Availability. It has suffi~ient funds available for thar.
portion of the project costs whi~h are nut to be paid by the United
States. It has sufficient funds availab,e to assure operation and
maintcnance of items funded under the grant agreement which it. will
own or cont':'ol.
II.
Good Title.
landing area
satisfactory
It holds guod title, satisfactory to the Secretary, to
of the airport or site ther~of, or will give assurance
to the Secretary that good ~itle will be acquired.
the
For noise >rogram implementation projects to be carried out on the
property of the sponsor, H. holds good title satisfactory to the
Secretary to that portion of the property upon which Federal funds
will be expended or will give assurance to the Secretary that
good title will be obtained.
5. Prcr.erving Rirhts and PO\lers.
a. It will not take or permit any action which would operate to dep~ive
it of any of the rights and powers necessary to perform any or
all of the terms, conditions, and assurances in the grant agreement
,
FAA Form 5100-100 (8-84)
. .
5
~ithout the written approval of the Secretary, and ~ill act
promptly to acquire, extinguish or .modify any outstanding rights or
claims of right of others ~hich would interfere with such performance
by the sponsor. This shall be done in a manner acceptable to
the Secretary.
b. It will not sell, lease, encumber or othe~lise transfer or dispose
of any part of its title or other interests in the property shown
on Exhibit A to this application or, for a noise program
implementation project, that portion of the property upon which
Federal funds have been expended, for the duration of the terms,
conditions, and assurances in the grant agreement without approval
by the Secretary. If the transferee is found by the Secretary to be
eligible under the Airport and Airway Improvement Act of 1982 to
.assume the obligations of the grant agreement and to have the
power, authority, and financial resources to carry out all
such obligations, the sponsor shall insert in the contract or.
document transferring or disposing of the sponsor's interest,
and make binding upon the transferee, all of the terms,
conditions, and assurances contained in this grant agreement..
.
c. For all noise program implementation projects which are to be.
carried out by another unit of local government or are on property
o;m",d by a uni~ of local government o\.ner than the sponsor, it
will enter into an agreement with that government. Except as
otherwi5c specified by the Secretarj, that agreement shall obligate
that government to the same terms, conditions, and assurances that
~ould be applicable to it if it applied directly to the Ffill for a
grant to undertake the noise program implementation project. That
agreemen~ and changes thereto must be satisfactory to the Secreta!)".
It will take steps to enforce this agreement against the local
;overnMcnt there is substantial non-compliance with the terms of
the agreement.
d. For noiqe program implementation projects to be carried out on priva~ely
owned property, it will enter into ~j agreement with the owner of
that property which includes provisions specified by the Secretary.
It ~ill take steps to enforce this agreement agaL~st the property
owner wnenever there is substantial non-compliance with the terms
of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory
to the Secretary to ensure that the ~irport will continue to
function as a public-use airport in accordance with these assurances
for the Quration of these aSsuranceS.
f. If an arrangement is made for management and operation of the
airport by any agency or person other than the sponsor or an
ereployee of the sponsor, the sponsor will reserve sufficient
rights and authority to insure that the nirport will be operated
and maintained in accordance with tre Airport. and Airway
Improve<rent. Act of 1982, the I'ep;uh~i(lns and the terms,
conditions and assurances 1n the grant agl'eeu-ent and shall
insure that such arrangement also require~ compliance therewith.
, .
6
6. Consistencv with Local Plans. The project is reasonably consistent
with plans (existing at the time of submission of this application) of
public agencies that are authorized by the State in which the project
is located to plan for the development of the area surrounding the
airport. For noise program implementation projects, other than land
acquisition, to be carried out on property not owned by the airport
and over which property another. public agency has land use control or
authority, the sponsor shall obtain from each such agency a written
declaration that such agency supports the project and the project is
reasonably consistent with the agency's plans regarding the property.
7. Consideration of Local Interest. It has given fair consideration to
the interest of communities in or near which the project may be located.
8. Consultation with Users. In making a decision to undertake any
airport development project under the Airport and Airway Improvement
Act of 1982, it has undertaken reasonable consultations with
affected parties using the airport at which the project is proposed.
9. Public Hearin~s. In projects involving the location of an airport,
an airport runway, or a major runway extension, it has afforded the
opportunity for public hearings for the purpose of considering the
economic, ~ocial, and environmental eff~cts of the airport or runway
location and its consistency with the goals and objectives of such
planning as has been carried out by the community. It shall, ,-"hen.
requested by the Secretary, submit a cory of the transcript of such
hearings 00 the Secretary.
10. Air and W"ter Quality Standards. In projects involving airport
location, a major runway extension, or ~Jnway location it will
provide fc~ the Governor of the state ll1 which the project is locatej
to certif; in writing to the Secretary ~hat the project will be
located, designed, constructed, and operated so as to comply with
applicabl~ air and water quality standards. In any case where such
standards have not been approved and where applicable air and water
quality st~ndards have been promulgate~ by the Administrator of the
'Environmental Protection Agency, certification shall be obtained
from such Administrator. Notice of certification or refusal to
certify s',all be provided within sixty days after the project
applicati~n has been received by the Secretary.
11. Local Approval. In projects i:lVolving the construction or extension
of any run'.lay at any general aviation airport located astride a line
separatinr, two counties within a single state, it has received approval
for the pr'oject from the governing bod:' of all villages incorporated
under th~ laws of that state which moe located entirely within five
miles of the nearest boundary of the a:~'port.
12. Terminal T)cvelon)'1cnt Prereaui ~i tes. F.'r projects which include
teMii1nal development at a public airpOl't, it has, on the date of
submitta; of the project srant applic(l'~ion, all the nafety equipment
FAA Form 5100-100 (8-84)
7
required for certification of such airport under section 612 pf the
Federal Aviation Act of .1958 and all the security equipment required
by rule or regulation, and has provided for access to the passenger
enplaning and deplaning area of such airport to passengers enplaning
or deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Recordkeepin~ Requirements.
a. It shall keep all project accounts and records which fully disclose
the amount and disposition by the recipient of the proceeds of
the grant, the total cost of the project in connection with which
the.grant is given or used, and the amount and nature of that portion
of the cost of the project supplied by other sources, and such
other financial records pertinent to the project. The accounts
and records shall be kept in accordance with an accounting system
that will facilitate an effective audit in accordance with the
U.S. General Accounting Office publication entitled Guidelines
for Finar~ial and Comoliance Audits of Federally Assisted Programs.
.
b. It shall make available to the Secretary and the Comptroller
General of the United States, or any cf their duly authorized
represen~.atives, for the purpose of audit and examination, any
books, documents, papers, and r€cord~ of the recipient that are
pertinent to the grant. The Secretary may require that an
appropri<:.te audit be conducted by a rtScipient. In any case
in which an independent audit is made of the accounts of a
sponsor l'elating to the disposition of" the proceeds of a grant
or relating to the project in connection with \~hich the grant
was giver or used, it shall file a certified copy of such
audit with the Comptroller General of the United States not later
than 6 months following the close of the fiscal year for which
the audj.~; was madb
14. Minimum Wage.Rates. It shall include, in all contracts in excess of
$2,000 for work on any projects funded under the grant agreement
which involve labor, provisions establish'~g minimum rates of wages,
to be predeter~ned by the Secretary of Labor, in accordance with the
Davis-Bacon Act, as amended (40 U.S.C. 276a--276a-5), which contractor~
shall pay to skilled and unskilled labor, and such minimum rates shaH
be stated in the invitation for bids and shall be included in proposals
or bids for the work.
15. Veterans Pre~erence. It shall include, in all contracts for work on any
projects funded under the grant agreement which involve labor, such
provisions aJ are necessary to insure tha~, in the employment of labor
(except in e-{ecutive, administrative, and supervisory positions),
preference sl1:l11 be given to veterans of the Vietnam era and di:.H\bled
. veterans as defined in Section 515(c)(1) and (2) of the Airport and
Airway Impro~ement Act of 1982. However, this preference shall apply
only where the individuals are available "lnd qualified to perform the
work to which the employment relates.
. ,
8
16. Conformity to Plans and Specifications. It will execute the project
subject to plans, specifications, and schedules approved by
the Secretary. Such plans, specifications, and schedules shall be
submitted to the Secretary prior to co~ence~~nt of site preparation,
construction, or other performance under this grant agreement, and,
upon approval by the Secretary, shall be incorporated into this
grant agreement. Any modifications to the approved plans, specifications,
and schedules shall also be subject to approval by the Secretary and
incorporation into the grant agreement.
17. Construction Insoection and Approval. It will provide and maintain
competent tech..lcal supervision at the construction site throughout
the project to assure that the work conforms with the plans,
specifications, and schedules approved by the Secretary for the project.
It shall subject the construction work on any project contained in an
approved project application to inspection and approval by the Secretary
and such work shall be in accordance with regulations and procedures
prescribed by the Secretary. Such regulations and procedures shall
require such cost and progress reporting by the sponsor or sponsors
of such project as the Secretary shall d~em necessary.
18. Plannin~ Projects. In carrying out plan~ing projects:
a. It will execute the project in accordance with the approved
program narrative contained '~'1 the project application or
with mor.ifications similarly approv0d.
b. It will furnish the Secretary with such periodic reports as
required pertaining to the planning project and planning
work acUvities.
c. It will ~nclude in all published material prepared in connection
with th" planning project a notice that the material was prepared
under a grant provided by the United States.
, d. It will make such material availablf' for examination by the
publiC, and agrees that no material prepared with funds under
this project shall be subject to cOpyright in the United States
or any other country.
e. It will give the Secretary unrestricted authority to publish,
disclose, distribute, and other>lise use any of the material
prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the
Sponsor's employment of specific consultants and their
subcontractors to do all or any part of this project as
'well as the right to disapprove the proposed scope and cost
of professional services.
.",
FAA Form 5100-100 (8-84)
, .
9
g. _ It will grant the Secretary the right to disapprove the use
of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this
project grant or the Secretary's approval of any planning material
developed as part of this grant does not constitute or imply
any assurance or commitment on the part of the Secretary
to approve any pending or future application for a Federal
airport grant.
19. Operation and Maintenance.
a. It. will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and
flood conditions. The airport and all facilities which are .
necessary to serve the aeronautical users of the airport, other
than facilities owned or controlled by the United States, shall be
operated at all times in a safe and serviceable condition and ,in
accordance with the minimum standards as may be required or prescribed
by applicable Federal, state and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon
which wo~ld interefere with its use for airport purposes.
In furthcrancc of this assurance, the sponsor will have in effect at
all ti~e3 arrangemencs for--
(1) Operating the airport's aeronautical facilities whenever
required;
(2) Pr~~ptly marking and lighting ha~ards resulting from airport
co.'d it iv.}!" inc lud ing temporary cond it ions; and
(31 Promptly notifying airmen of any condition affecting
aeronautical use of the airport.
Nothing contained herein shall be covstrued to require that the
airport .be operated for aeronautical use during temporary periods
when sn0W, flood or other clinatic ccnditions interefere with such
operation and maintenance. Further, nothing herein shall be
construed as requiring the mau1tenanee, repair, restoration, or
replac"roent of any structure or facility which is substant.ially
damaged or destroyed due to an act of God or other condition or
circum~tanee beyond the control of the sponsor.
b. It will suitably operate and maintain noise program implementation
items~hat it owns or controls upon '"hieh Federal funds have bsen
expended.
FAA Form 5100-100 (8-84)
", .. .
10
20. Hazard Removal and Mitigation. It will adequately clear and protect
the aerial approaches to the airport by removing, lowering, relocating,
marking, or lighting or otherwise mitigating existing airport hazards
and by preventing the c~tablishment-or creation of future airport
hazards.
21. Compatible Land Use. It will take appropriate action, including the
adoption of zoning laws, to the extent reasonable, to restrict the use
of land adjacent to or in the immediate vicinity of the airport
to activities and purposes compatible with normal airport operations,
-including landing and takeoff of aircraft. In addition, if the project
is for noise program implementation, it ~nll not cause or permit any
change in land use, ~~thin its jurisdiction, that will reduce the
compatibility, with respect to the airport, of the noise compatibility
program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make its airport available as an airport for public use On
fair and reasonable terms and without unjust discrimination, to all
typ.es, I:inds, and classes of aeronautical uses.
b. In any agreement, contract, lease or other arrangement under which a
right or privilege at the airport is granted to ~1Y person, firm, or
corpcra;..ion to e-ondu"t or engage in 2~1Y aeronautical activity for
fucnisrl!...rlg 3el~..-1cc.:l to the .p~bli~ at the airport, the sponsor will
insert ~nd enforce p,~visions requir:J,g the contractor--
(1) to furnish said services on a fai.r, equal, and not unjustly
di$criminatory hasis to all users thereof, and
(2) to charge fair, reasonable, and not unjustly discrimi~atory
prices for each unit or service; provided, that tne contract,>r
may be allowed to make reasonab~e and nondiscriminatory
discounts, rebates, or other similar types of price reductions
- to volume purchasers.
- c. Each fixed-based op.:rator at any air;)ort owned by the sponsor sh~_ll
be subject to the same rates, fees, rentals, and other charges as
are uniformly applicable to all other fixed-based operators making
the same or similar uses of such airport and utilizing the same or
similar facilities.
d. Each ai~ carrier using such airport shall have the right to service
itself or to use any fixed-based operator that is authorized or
permittdd by the airport to serve any air carrier at such airport.
FAA Form 5100-100- (8-81.)
11
e., Each air carrier using such airport (whether as a tenant, nontenant,
or subtenant of another aL~ carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations,
conditions, rates, fees, rentals, and other charges as are applicable
to all such air carriers which make similar use of such airport and
which utilize similar facilities, subject to reasonable classifications
such as tenants or nontenants, and combined passenger and cargo flights
or all cargo flights. Classification or status as tenant shall not
be unreasonably withheld by any airport provided an air carrier assumes
obligations substantially similar to those already imposed on tenant
air carrier's.
f. It will not exercise or grant any right or privilege which operates to
prevent any person, firm, or corporation operating aircraft on the
airport from performing any services on its o,~ aircraft with its own .
employees (including, but not limited to maintenance, repair, and
fueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and
privileges referred to in this assurwnce, the services involved
will be provided on the same conditions as would apply to the
furnish~ng of such services by contr~ctors or concessionaires of
the sponsor under these provisions.
h. The sponsor may establish 3u'cil fair', equal, and not. unjustly dis-
criminatory conditions to be met by all users of the airport as Jll2Y
be nece~sary for the safe and efficient operation of the airport.
i. The spensor may prohibit or limit anY given type, kind, or class of
aeronautical use of the airport if such action is necessary for the
safe op~ration of the airport or necessary to serve the civil
aviation need':! of the public.
23. Exclusive Ri~hts. It will permit no exrlusive right for the use of
the airport by any persons providing, or intending to provide,
aeronautical services to the public. F~r purposes of this paragraph,
the provid~ng of services at an airport by a single fixed-based
operator shall not be construed as an e~clusive right if both of
the followi.ng apply: (1) It would be unreasonably costly, burdensome,
or impractical for more than one fixe<l-iJased operator to provide
such services, and (2) If allowing moroc than one fixed-based operatC'r
to provide such services would require the reduction of space leased
pursuant to an existing agr-eement betw8en such single fixed-based
operator apd such airport.
It further agrees that 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 airpor'" now O\-med or controlled by
it, to conduct any aeronautical activities, including, but not
limited to charter flights, pilot trailling, aircraft rental and
FAA Form 5100-100 (B-f1!,)
.
12
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 othcr activities which
because of their direct relationship to the operation of aircraft
can be regarded as an aeronautical activity, and that it will ter-
minate any exclusive right to conduct an aeronautical activity now
existing at such an airport before the grant of any assistance under
the Airport and Airway Improvement Act of 1982.
24. Fee and Rental Structure. It will maintain a fee and rental structure
consistent with Assurance 22 and 23, for the facilities and services
being provided the airport users which will make the airport as
self-sustaining as possible under.the circumstances existing at that
particular airport, taking into account such factors as the volume of
traffic and economy of collection. No part of the Federal
share of an airport dcvelopment, airport planning or noise compatibility
project for which a grant is made under the Airport and Airway
Improvement Act of 1982, the Federal Airport Act or the Airport and
Airway Development Act of 1970 shall be included in the rate base in
establishing fees, rates, and charges for users of that airport.
25. Airport Revenue. If the airport is under the control of a publiC
agency, all revenues.generated by the ail'port will be expenged by it
for the capital or oper'acing co:>t>l or the airport, the local airport
system, or 0ther local facilities which are owned or operated by
the owner or operator of the airport and directly related to the
actual tran~portation of passengers or property. Provided, however,
that if covenants or assurances in debt obligations previously
issued by the OHner or operator of the airport, or provisions in
governing statutes controlling the owner or operator's financing,
provide for the use of the revenues from any of the airport owner
or operator'~ facilities, including the :.irport, to support not only
the airport but also the airport o:mer or operator's general debt
obligations or other facilities, then this limitation on the use
of all revenues generated by the airport shall not apply.
26. Reports and Inspections. It will submit to the Secretary such annual
or special financial and operations reports as the Secretary may
reasonably r0quest. For airport develoFnent and airport plann~g
projects, it will also make the airport and all airport records
and documents affecting the airport, in~ludL~g deeds, leases,
operation and use agreements, regulations and other instruments,
available for inspection by any duly au'~horized agent of the Secretary
upon reasom,ble request. For noise prof,ram implementation projects,
it will also make records and documents relating to the project and
continued compliance with the terms, conditions, and assurances of
the grant agreement including deeds, leases, agreements, regulations,
and othel' in:Jtruments, available for in~,>ection by any duly authorized
agent of the Secretary upon reasonable r'equest. . '..
FAA Form 5100-100 (8-84)
13
27. Us~ of Government Aircraft. It will make available all of the
facilities of the airport developed with Federal financial assistance
and all those usable for landing and takeoff of aircraft to the
United States for use by Government aircraft in common with other
aircraft at all times without charge, except, if the use by
Government aircraft is substantial, charge may be made for a
reasonable share, proportional to such use, for the cost of
operating and maintaining the facilities used. Unless otherwise
determined by the Secretary, or otherwise agreed to by the sponsor
and the using agency, substantial use of an airport by government
aircraft will be considered to exist when operations of such aircraft
are in excess of those which, in the opinion of the Secretary,
would unduly interfere with use of the landing areas by other
authorized aircraft, or during any calendar month that--
a. Five (5) or more government aircraft are regularly based at
the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a
movement) of government aircraft is 300 or more, or the gross
accumulative weight of goverment aircraft using the airport
(the tetal movements of goverment aircraft multiplied by
gross weights of such aircraft) is in excess of five million
pounds.
28. Land for Federal Faciltties. It will fur'Ilish wit-hout cost ,,0 i;.he
Federal Government for use in connection with any au' traffic
control or air navigation activities, o~ weather-reporting and
communication activities related to air traffic control, any
areas of land or water, or estate there~~, or rights in buildings
of the spocsor as the Secretary considerd necessary or desirable
for constr'.Jction, operation, and mainten1.nce at Federal expense of
space or facilities for such purposes. Such areas or any porticn
thereof will be made available as proviced herein with~~ four months
after receipt of a written request from the Secretal'Y'
29. Airport La~out Plan. It will keep up to date at all times an airport
layout plan of the airport showing (1) boundaries of the airport
and all pr,1posed additions thereto, together with the boundaries of
all offsitd areas owned or controlled by the sponsor for airport
purposes l',lld proposed additions thereto; (2) the location and nature
of all ex!,sting and proposed airpo1't. fac.ll1ties and structures (such
as runways, taxiways, aprons; terminal buildings, hangars and roads),
including all proposed extensions and r(ductions of existing airport
facilities; and (3) the location of all existing and proposed
FAA Form 5100-100 (8-84)
,.
14
nonaviation ?~eas and of all existing improvements thereon. Such
airport layout plan and each amendment, revision, or modification
thereof, shall be subject to the approval of the Secretary which
approval shall be evidenced by the signature of a duly authorized
representative of the Secretary on the face of the airport layout
plan. The sponsor will not make or permit any changes or alterations
in the airport or in any of its facilities other than in conformity
with the airport layout plan as so approved by the Secretary if
such changes or alterations might adversely affect ~he safety,
utility, or efficiency of the airport.
30. Civil Ri~hts. It will comply with such rules as are promulgated
to assure that no person shall, on the grounds of race, creed,
color, national origin, sex, age, or handicap be excluded from
participating in any activity conducted with or benefiting from
funds received from this grant. This assurance obligates the sponsor
for the period during which Federal financial assistance is extended
to the progr~~, except where the Federal financial assistance is to
provide,. or is in the form of personal property or real property or
interest therein or structures or improvements thereon, in which case
the assurance obligates the sponsor or any transferee for the longer
of the following periods: (a) the period during whi~h the property
is used for a purpo:Je for which Federal financial ass5.stance is
extended, or for another purpose ::.n,olTL"g the provision of similar
services or benefits or (b) the period dUcing which the sponsor
retains ownership or possession of the prcperty.
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SPONSOR'S ASSURANCES TO ACCotll'ANY APPLICATION DATE!,)
, July 30, 1985 FOR A GRlu'lT OF AIRl'ORT
DEVLLOPMENT AID PROGRAH FUNDS FOR TIlE DEVELOPMENT OR
IMPROVEHENT OF Elizabeth Field, Fishers Islan~IRPORT
The Town of Southold (hereinafter referred to as the
(Name of Sponsor)
"Sponsor") HEREBY AGREES THAT as a condition to receiving any Federal
financial assistance from the Department of Transportation it will co~?ly
with Title VI of the Civil Rights Act of 1964, .18 Stat. 252, 42 U.S.C.
2000d, 42 U. S. C. 2000d-4 (hereinafter referred to as the "Act"), and all
requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the
Secretary; Part 21, Nondiscrimination in Federally-Assisted Programs
of the. Department of Transportation--Effectuation of Title VI of the
Civil Rights Act of 1964 (hereinafter referred to as the "Regulations")
and other pertinent directives, to the end that in accordance with the
Act, Regulations, and other pertinent directives, no person in the
United States shall, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be
otherwise ,subjected to discrimination under any program or activity for
which the Sponsor receives Federal financial assistance from the
Department of Transportation, including tho" Federal Aviation
Administration, and HEREBY GIVES ASSURJU,CE THAT it will promptlY,take
any measures necessary to effectuate this agreement. This assurance
is required by subsection 21.7(a)(l) of the Regulations.
More specifically and without limiting the above genersl assurance,
the Sponsor hereby gives the following specific assuran"~s with respect
to this Proj~ct Application:
1. That: the Sponsor agrees that each "program" and each "facility"
as defined iu subsections 2l.23(e) and 2l.L3(b) of the Regulations, will
be (with regard to a "program") conducted, or will be (with regard to a
"facility") operated in corr.pliance \<lith al'. requirements imposed by or
pursuant to the Regulations.
2. Tha~ the Sponsor shall insert the following notification in
all solicitations for bids for work or material subject to the .
Regulations,.nd made in connectiotl with th:.s Project Application and,
in adapted f~rm in all proposals for negotiated agreements:-
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The 'rm...rn ("If ,C,,-.,,+-hr\lrl , in
(N~me of Sponsor)
Tirie VI of the Civil Rights Act of 1964,
42 !J.S.C. 2000J to 2000d-4 and Title 49,
accordance with
78 Stat. 252,
Code of Federal
EA Form 5l0C-31 (12-72)
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Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in
Federally-assisted progrruns of the Department of
Transportation, issued pursuant to such Act, hereby
notifies all bidders that it will affirmatively insure
that in any contract entered into pursuant to this
advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to
this invitation and will not be discriminated against
on the grounds of race, color, or national origin
in consideration for an award.
3. That the Sponsor shall insert the clauses of Attachment 1 of
this assurance in every contract subject to the Act and the Regulations.
4. That where the Sponsor receives Federal financial assistance to
construct a facility, or part of a facility, the assurance shall extend to
the entire facility and facilities operated in connection therewith.
5. That where the Sponsor receives Federal financial assistance in
the form, or for the acquisition of real property or an interest in
real property, the assurance shall extend to rights to space on, over,
or under such property.
6. That the Sponsor shall include the appropriate clauses set forth
in Attachmenc 2 of this assurance, as a covenant running with the land,
in any futur~ deeds, leases, permits, li~enses, and similar agreements
entered into by the Sponsor with other parties: (a) for the subsequent
transfer of real property acquired or improved under the Airport
Development Aid Program of the Federal Aviation Administration, and (b)
for the construction or use of or access to space on, over, or under
real property acquired, or improved under the said Airport Development
Aid Progrrun~
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7. That this assurance obligates the Sponsor for the period during
which Federal financial assistance is extended to the program, except
where the Fed;ral financial assistance is to provide, or is in the form of,
personal property, or real property or interest therein or structures _
or improvements thereon, in which case the assurance obligates the Sponsor
or any trans:eree for the longer of the f~llowing periods: (a) the
period during which the property is used for a purpose for which the
Federal financial assistance is extended, or for another purpose involving
the provision of similar services or benefits, or, (b) the period during
'which the Sponsor retains ownership or possession of the property.
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EA Form 5100-31.1
(12-72)
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8. The Sponsor shall provide for such methods of administration
for the program as a~e found by the Secretary of Transportation or
the official to whom he delegates specific authority to give reasonable
guarantee that it, other Sponsors, subgrantees, contractors, sub-
contractors, transferees, successors in interest, and other
participants of Federal financial assistance under such program
will comply with all requirements imposed or pursuant to the Act, the
. Regulations , and this assurance.
9. The Sponsor agrees that the United States has a right to seek
judicial enforcement with regard to any matter arising under the Act,
the Regulations, and this assurance.
THIS ASSURANCE ~s given in consideration of and for the purpose of
obtaining any and all Federal grants,loans, contracts, property,
discounts, or other Federal financial assistance extended after the
date hereof to the Sponsor by the Department of Transportation under
the Airport Development Aid Program of the Federal Aviation Administration
and is binding on it, contractors, subcontractors, transferees,
successors in interest and other participants in this ADAP Project
Application. The person or persons whose signatures appear below are
authorized to sign this assurance on behalf of the Sponsor.
,
,
DATED July 30, 1985
TOIm of 8(l1lt1101 n
(Sponsor)
-horized Official)
Supervisor
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Attachments 1 and 2
EA form 5100-31.2 (12-72)
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A TT,\CfIHENT 10
During the performance of this contract, the contractor, for itself, its
assignees and successors in interest (hereinafter referred to as the
"contractor") agrees as follows:
1. Compliance with Re~ulations. The contractor shall comply with
the Regulations relative to nondiscrimination in Federally-assisted
programs of the Department of Tr"nsportation (hereinafter, "!lOT"') Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time to
tOime, (hereinafter referred to as the Regulations)o~ which are herein
incorporated by reference and made a part of this contract.
2. ~~scrimination. The contractor, with regard to the work
performed by itocuring the contract, shall not discriminate on the grounds
of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of
equipment. The contractor shall not participate either directly oOr
indirectly in the discrimination prohibited by section 21.5 of the
Regulations, including employment practices when the contract covers a
program set forth in Appendix B. of the Regulations.
3. Solicitationn for Subcontrl'.cts, Including PrDcurements Df
H..terials and E~uipment. In all solicitatio;1s either by competitive
bidding or negotiatiDn made by the contractor for work to be performed
under a subcontr:lct, including procurements Df materials or leases of
equipment, each pDtential subcDntractor Dr Gupplier shall be notified
by the contrcctor of the contrncto:r-':3 obligations under .this cont~:;ct
and the Rer,ulatiDns relative to nDndiscrimi:1ation Dn the grDunds Df
race, color, or national origin.
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4. InfDrm~tion ~nd Reoort$. The contractor shall provide all
information and rOeports required by the Regl!lations or directives
issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, Ilnd "its facilities as may be
determined by the aponsor or the Federal Avi;ltion Administration to be
pertinent to ascertain compliance with such Regulations, orders, and
instructions. ~~erc any infDrm~tion required of a contractor is in the
exclusive possession of another who fails or refuses to furnish this
information the contractor shall so certify to the sponsor or the
Federal Aviatio~ Administration as appropriate, and shall set forth
what efforts it has made to obtain the information.
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EA Form 5100-31,3 (12-72)
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s. Sanctions for NoncnmDli,1ncc. In the event of the contractor's
noncompliance with the nondiscrimination provisions of this contract,
the sponsor shall impose such contract sanctions 39 it or the Federal
Aviation Administration may determine to be appropriate, including, but
not limited to--
a, withholding of payments to the contractor under the
contract until the contractor complies, and/or
b. cancellation, termination, or suspension of the contract,
in whole or in part.
6. Incorporation of Provisions. The contractor shall include the
provisions of paragraphs I through 5 in every subcontract, including
procurements of materials and leases of equipment, unless exempt by
the Regulations or directives issued pursuant thereto. The contractor
shall take such action with respect to any subcontract or procurement
as the sponsor or the Federal Aviation Administration may direct as a
means ,of enforcing such provisions including sanctions for non-
compliance: Provided, however, that, in the event a contractor
becomes involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, the contractor
may request the sponsor to enter into such litigation to protect the
interests of the sponsor and, in addition, the contractor may request
the United States to enter into such litigation to protect the
interests of the United States.
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EA Forn 5100-31.4
(12-72)
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ATTACHHENT 2
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'):he following clauses shall be included in all deeds, licenses, leases.
permits, or similar instruments entered into by the (Name of sponsor)
pursuant to the provisions of Assurance 6(a).
The (grantee, licensee, lessee, permittee, etc., a8 approprigte) for
himself, his heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and
agree (in the case of deeds and leases add "as a covenant running with
'the land") that in the event facilities are constructed, maintained, or
otherwise operated on the said property described in this (deed, license,
lease, permit, etc.) for a purpose for which a Department of Transportation
program or activity is extended or for another purpose involving the
provision of similar services or benefits, the (grantee, licensee. lessee,
permitee, etc.) shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to Title 49, Code
of Federal Regulations, Department of Transportation, Subtitle A, O:fice
of the Secretary, Part 21, Nondiscrimination in Federally-assisted
programs of the Department of Transportation-Effectuation of Title VI of
the Civil Rights Act of 1964, and as said Regulations ""ay be amended.
.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination
covenants. (Name of sponsor) shall have the right to terminate the '
(license, lease, permit. etc.) and to re-enter and repossess said land
and the facilities thereon, and hold the same as if said (licenses,
lease, permit. etc.) had n~ver been made or issued.
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(Include in decds.)*
That in the event of breach of any of the above nondiscrimination
covenants, (Name of sponsor) shall have the r.ight to re-enter said lands
and facilities thereon, and the above described lands and facilities
shall thereupon revert to and vest in and become the absolute property
of (Name of sponsor) and its assigns.
'The following chall be included in all deeds, licenses, leases, permits,
or similar agr~ements entered into by (Name of sponsor) pursuant to the
provisions of Assurance 6(b),
The (grnntee, licensee, lessee, permittee, etc., as appropriate) for
himself, his rersonsl representatives, successors in 'interest, and
assigns, as ayart of the consideration hereof, does hereby covenant
and agree (in the,case of deeds and leases add "as a covenant running
with the land") that (1) no person on the grc>unds of race, color, or
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, EA Form 5100-31.5 (12-72)
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national origin shall be excluded from participation in, denied the
benefits of; or be otherwise subjected to discrimination in the use
of said facilities, (2) that in the construction of any improvements
on, over, or under such land and the furnishing of services thereon,
no person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or otherwise
be subjected to discrimination, (3) that the (grantee, licensee,
'l~ssee, permittee, etc.) ohall use tho prcmicus in compliance with
all other requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Tranaportation, Subtitle A, Office
of the Secretary, Part 21, Nondiacrimination in Federally-assisted
programs of the Department of Transportation-Effectuation of Title VI
of the Civil Rights Act of 1964, and as said Regulations may be
amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination
covenants, (Name of sponsor) shall have the right to terminate the
(license, lease, permit, etc.) and to re-enter and repossess said land
and the facilities thereon, and hold the same as if said (license,
lease, permit, etc.) had never been made or issued.
(Include in ~eeds.)*
That in ~hc event of breach of any of the above nondiscrimination
covcn!:.nte, (I~~me of sponsor) shall have the right to re-entzr naid
land and faci~ities thereon, and the above described lands and
fccilitiessh~ll thereupon revert to and vest in and become the
absolute property of (Name of sponsor) and its assigns.
-
* Reverter clause snd related language to be used only when it is
determined that such a clause is necessary in order to effectuate
the purposes of Title VI of the Civil r.i!jhts Act of 1964.
EA Form 5100-31.6 (12-72)
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ROBERT W. TASKER
Town Attorney
;....f:;};~r~;\';
OFFICE OF ToWN ATTORNEY
TOWN OF SOUTH OLD
TELEPHONE
(516) 417-1400
425 MAIN ST.
GREENPORT, L.I., NEW YORK 11944
.
"
Opinion of the Attorney for the Town of Southold
hereby certify that all statements of law made in this project
application and all legal conclusions upon which the representation
and covenants contained herein are based, are in my opinion true
and correct.
RO~~~
Dated: August 14, 1985
.
EXHIBIT
A
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Runway ti:.
Clear
Zone
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--<~<".:;r FISHERS
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Old Gun Fortification
appears to intrude
into Cleor Zone
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ELIZABETH FIELD
TOWN OF SOUTHOLQ
SUFFOLK COUNTY,NEW YORK
(NO SCALE)
(
Tract No. 1 owned bv the Town of Southold in Fee Simple Title