HomeMy WebLinkAboutbocc.res.114.1978 ---�-.� ��� _
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' ` • � � RESOW7ION �� �
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Kr- RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN AIRPORT DEVELOPMENT AID
GRANT OFFER, PR0IECT N0. 6-08-0003-�5, FROM THE UNITED STATES OF �
�~�''= AMERICA RELATING TO THE DEYELOPMENT OF THE: 4`
�; Aspen-Pitkin County Airport �-
-��
��: BE IT RES�LVED by the Board af County Commissioners of Pitkin County, .
Colorado:
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; c SECTION 1. That the County of Pitkin shall accept the Airport
Development Aid Grant Offer from the United States of America for the
�� purpose of obtaining Federal aid for the development of Aspen-Pitkin _
:�' County Airport and that such grant offer shall be as attached hereto. �
�r SECTION 2. That the County af Pitkin does hereby ratify and �
;� adopt all statements, representations, warranties, covenants, and �
�� agreements contained in the Application for Federal Assistance which i�
� is incorporated by reference in said grant offer. {..
� SECTION 3. That the Chairman of the Board of County Canmissioners � �
is hereby authorized and directed to exetute said Airport Development ' �
,„; Aid Grant Offer on behalf of County of Pitkin and the County Clerk is
hereby authorized and directed to attest said executian and impress �
: thereon the official seal of the County of Pitkin. �.�'�'
SECTION 4. A true copy of the grant offer referred to is attached ��
hereto, incorporated herein, and by reference made a part hereof. �•
�
�.
CERTIFICATE OF COUNTY CI.ERK �..
I, ,(('Y(��d /!d 1117 2✓ , the duly qual i fi ed and acti ng County Cl erk 4
for�the County o�P kin,do hereby certify that the foregoing resolution
was adopted at a (regular)(s�kl meeting of the Board of County Commis- �;,,.
sioners of Pitkin County held on the ��day of 5eptember, 1978 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. . 4�
IN WITNESS WHEREOF, I have hereunto set my hand and 5ea1 of the County of �
7�
Pitkin this;'��day of September, 1978. �
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.:�;{SE�'�'i� � r� � - BY .��7 �ril/,lZl�'� C��� �i
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� �, t�`, i 1 ° Title County C1erk r°
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� � Chief, Engineering and Deveiopment Branch �
s�' � Airports Division '
Federal Aviation Administration . �
, j. Rocky Mountain Region , •
, 10455 East 25th Avenue � • �
f' • Aurora, Caiorado 80010 '
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Re: Certification as to Resolution .
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Pursuant to Section 16(h) of the Airport and Airway Development Act
. � • • of 1970, as amended, I certify �that the acceptance and execution of
� _ Grant Agreement No. 6-08-0003-05 for the further development of the
� Aspen-Pitkin County Airport at Aspen, Colorada is in accordance with
� - and pursuant to a resolution (or ordinance), lawfully adopted, meeting ti
Z the requirements of Section 152.35(c).of the Federal Aviation Regulations. p
'�
- County of Pitkin, Colorado �
� ame o ponsor
�
, BY ��%l���r �
. Title Cha rman, Board of Court y Commissioners x
Date _ _ �/ '��� 7T� .
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APPROVED:
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Sponsor's a�Corney
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DEPA�:d�i I7 OF T;?A7N5?JP.T.aTSON
� • � , . ' PcDERAI AVIATIODI AD`IIPJISTRA710M . . � .. � � � .
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Par: i-i3fFer
Date of Offer September 20, 1978
. Aspen-Pitkin County Airport ;
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- ProjectiVo. 6-bII-0003-05
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�ontracY�lo. DOT-FA78Rh1-0285
�_:
: �'O: County of Pitkin, Colorado
{lierein raferred to as ti7e"8ponsor")
F�O;vL ?'hc United States of America{acEinv throu;h ti�e Feder�l Aviation Adn�in!�.r�iion,nerein
referred to as tFie "PA�,")
t1I'r?E[11:t1S,the Snonscr hus submitted to the�At1 a P*eject t�.pplicaiion dated September l�, 1978
. ,for a grznt oi Fedeial funds fer a;7re;ect for develop-
ment of the �spen-Pi t!cin County Airoort{,er�in called
the "Airport"), to;ether witI� pl<P.S dI:C�S�EC1IIi.8�IO'SS fUI S�1Ci1 pIOJBCI,rvhich Pro}e�t�ip�iication,
,� as ap�rovec?by the F.�-1:s heieUy i�zcorporated'nerein zr_d made a�art h•.;eof;and
� 'r?I3EF.EAS, the Ft1r-� has agproved a pro;e�t for:�esrelopinent af the �lirpo=.t {herein calied ti:e
"Project")cansisiing cf�}ie follo�vizig-d�scribed airperf deaelopment.
; _
�lcquire A-prime crash, fira, rescue venicle and snow removal
equipment consisting of t�r+o vehicles with plows. :
: ;
all as moire particularly d�scr_5ed in the property m�p an_d pl:sis and speci£cations scorporate3 Lz
the s�id Project tlnplication;
FAA FORfA 1100"11 t'G.t �10-]1J SUPERSEnES PAA F09M 16]2 PG.f.. . .. . .. . � ��.PAGL' 1 ...
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NOtiV'fHEREFOP�E, pursuant to and fur the purpose uf ca;ryi�ao out the prorisions�f the Airpert
, � and Ain�ay Developmenc Act af 1970, as amended (49 U.S.C. 1701),and in cunsideratiun of(aj
� the Sponsor's aduption and ratiFication of the representations and assurances contained in said
� P;oject Application, and its acceptance of this Oft'er as herzinafter proviued, and (b) the benefiis
to accrue to the iJnited States and the oublic Frorii the accomqli�hmer.t of the Project ind c's;e
operation aiid mainter�ance uF t�e r:ir�ori as here:n provide3, THE FEDERI-�L e�b'I�1T30Iv AB-
-� `1INISTRATION, FUP. r��lD ON BEHhL= OF T�IE UtiITED STAT.ES,H£.2EBY OFFERS AidD
aGREES to.pay, as the United Scat�s sltare of the ailowable costs incurred ii accompli•lun;the
� Project, 90 percent.
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� This Offer is made on and subject to the ip(lo�.vin;terms and conditions: .
�
1. The maxinuim obligation of the United States payable under this Offer shai be
� S 256,455
� 2. The Sponsor s1;a1L'
� (a) begin accomplishmvnt of the Project witli:n sixty (60) � days
� after acceptanez oC this Uffer or such longer time as;nay be prescribed by tlie FtL�:,
; with.failure to do so constituting just cause for tzrmination of the obli;ations of the
United States hzreunderbythe PAA;
� (b) carry out and complete the Prcject without undue delay and in accordance witli the
. terms hereof, the t�irport and:lirway Devel�pment Act of 19%0,and Sectior.s 1�4.51-
152.63 of the Ite;ulations of the Federal Aviation administration (14 CFP. 152) in ,
eFfect as of the date oi ac�eptance oF this Offcr;�vluch Regulations ace hereinaf�er -
referred [o as the "Regu!ations';
(c) carry out and corriplete the Project in accordance with die plans and specitications
and property map, incorporatzd herain,as they may be revised ur modilied��:iYh chc
approval of the FAA.
3. The allowable costs of tha pr�ject sha11 not include any costs determined by tha Fr1A to
be ineligible for consideration as to allowability under Section 152.47(b) of the R�;ula-
tions.
4. Payment of the United States share uf the allowable project costs�vill be made pursuant
to and in.accordance �vith the provisions of S�ctions 1�°_.u5—15°_.71 of the Pe�ulations.
Final det�rmitiation as to the allowability oF the ;:osts of the project will be made at clie
time of the final;rant payment pursuant to Section 15?�1 of the Reo lati�ns: Provided, ;,,
that, in the eve:i[ a semi-final grant payment is m2de pursuant to Sectiun 1�3.71 of the
Regulations, Final detzrmination as to the a1lo�vaUility oi those costs to�vhich such semi-
Final payment relates will be made at the t±ma of such semi-final payment.
F.\A FORSI 5100-13 PG,2 (7-7.1: SVPERSEOES PREVIOUS cO1TION � - PAGE 2 . . .
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5. The Spoosor shali operate and maintain the airport as proiided in the
Project Application incorporated herein and specifically covenants ond �
agrees, in accordance with it� Assurance 20 in Part `/ of said Project
Application, that in its operation and the ope;ation of all facilities
thereof, neither it nor any person or organization occupying space or
facilities thereo� will discriminate against any person or class of
persons by reasons of race, color, cread, or national origin in`the use
• of an;� of the facilities provided for �tie public on the airport.
" 6. ihe FAA reserves the right to amend or i•rithdras�! this Offer at any time
prior to its acceptance by the Sponsor.
7. This Of�er shall expira and the United States shall not be obligat2d to
pay any part of the costs of the Project unless this Of�er has been
accepted b,/ the Sponsor on or before sepe. 30, 197S, or such subsequent
date as may be prescribed in tivriting by the FAA. �
- 8. The Sponsor hereby agrees that it will incorporaie or cause to be
incorporated into an� contract for construction ti�ior�c, or modifiication
thereof; as defined in the regulations of th2 Secre�ary of Labor at
41 CFR Chapter o0, which is paid for in +•iho7e or in part with funds -
obtained from the federal Government or borrow2d on the credit of the
Federal Government pursuant co a grant, contract, loan, in�urance, or
guarantee, or undertaken pursuant to any fiederal program involving
such grant, contract, loan, insurance, or guarantee tiie follo:ving
Equa1 Opportunity Clause.
During thz performance of this contract, the contrzctor agrees as
� . i`O110WS: � . -
a. The contractor :vill not discriminate against any employee or
applicant for employment because of race, color, religion, sex, "
or national origin. Tne contractor r�ill take af�firmati�re action
to ensure that applicants are employed, and that employees are
� treated during employment o-iithout regard to their race, color,
sex, or national origin. Such actions syall include, but not be
limited to th2 following: E�ployment, ungrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or t=rmina-
tion, rates of pay, or o�ther forms of compensation; and selection fur
training, including apprenticeship. Tne contractor agrees to post
in consnicuous places, available to em�loyees and applicants for
employment, notices to be provided seti.ing for-th the provisions af
this nondiscrimination clause.
b. The contractor vrill, in all solicitations or ad�iertisements for ti
employees p7aced by or on behalf of the contractor, state that all �
qualified applicants will receive corsideration for employrent � .
��ithout regard to race, color, r2ligion, sex, or national origin.
c. Tlie contractor shall send to each labor unicn or rapresentative
of workars with which he has a collectiva baryaining agreement or
10/20/72
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� � nther contract or understanding, a notice to be provided advisinq
the said iabor union or ���orkers' representatives of the contrac-
3 tor's commitments under this sectian, and shall post copies of
� the notice in conspicuous places available to employees and
� applicants for emoloyment.
-� d. The contract�r wi11 comply wi±h all provisions of Executive Order
i1246 of September 24, 1965 and of the rules, regulations, and
� relevant orders of the Secretary of Labor.
� e. The contractor will furnish all information and reports required
� by Executive Order 1124b of Septem6er 24, 1965 and by ruTes, �
regulations, and orders of the Secretary of Labr�r, or pursuant
thereto, and will permit access to his books, records, and �
accounts by the administ2ring agency and the Secretary oi Labor �
� � for purposes of investigation to asc2rtain compliance with such � �
` � rules, regulations, and orders. i "
� �
� f. In the event of the contractor's noncompliance o-�ith the nondis- j
� crimination clauses o; this contract or �aith any of the said �
� rules, regulations, or orders, this contract may b2 canceled, �
� terminat2d, or suspended in �•+hoie or in part and the contractor �
, may be declared ineligible for `urther government con�racts of !
� federally assisted construction contracts in accordance witn j
� procedures auihorized in Executive Drder 112�15 of Septomber 24, �
1965 and such other sanctions may be imposed and reredies �
invoked as provided in Executive Order 1124b of September 24, �
1465 or by rules, regula'tions, or order of tne Secretary of �
Labor, or as othe nvise provided by law.
g. The contractor will include the portion of thz sentence immediately
preceding paragraph a. and the provisions of paragraph a. tr�rough g.
in every sutrcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Laoor issued pursuant
to Section 204 of Executive Order 112G6 0� Septamber 24, 1955 so '
� , that such provisions will be binding upon each subcontractor or �
vendor. The contractor riill take such action with respect to
any subcontract ar purchase order as the administering agency r�ay ;
direct as a means of enforcing such provisions, including sanc-
tions for noncompliance. Provided, however, that in the event a �
contractor becomes inv�lved in, or is threatened rrith, litigation �
with a subcontractor or vendor as a result of such direction by the +
administering agency, the contractor may request the United States 1
to enter into such litiga�ion to protect the interests of the i
United States. !
I
The Sponsor further agrees that it wi)1 be bound 4y the above Equa7 1 `
Opportunity clause viith respect to its o�•m employment practic2s when
it participates in federaily assistzd construction work: Provided, !
tnat if the applicant so participating is a State or local go�iernment, j
i
10/20/72 . �
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the above Equal Opoortunity clause is not applicabie to any agency,
- � instrumentality, or subdi�iision of such government aiiiich does not
participate in work on or under the contract.
: j The Sponsor agrees that it will assist and cooperate actively vrith
� the adninistering agency and the Secretary of l.abor in ootaining the
'F comp7iance of contractors and subcontractors v�ith the Equal Opportu- �
� nity clause and ±he rules, regulations, and relevant orders of tne
;
Secretary of Labor that it :•fill furnish the administering agency saith
the S�cretary of Labor such information as they may require for the -
supervision oT such conpliance, and that it will othen�ise assist the �
- administering agency in the discharge of tne agency`s primary responsi-
bility for securin9 compliance.
The Sponsor further agrees that it will refrain from entering into ' ' �'�
any contract or contract modification subject to Executive Order 11246
of September 24, 1965 �aith a contractor debarred from, or �•�ho has not
demonstraied eligibility for, governiaent contracts and fiederaliy
assisted construction contracts pursuant to the Executiva Order and
s�ill carry ou� such sanctions and penalties for violation of the Equal
Opportunity clause as may be imposed uoon contractors and subcontrac-
tors 6y �i�e administering agency or the 5ecre�ary of Labor p�rsuant to
Part III, Subpart D, of the Executive Ord2r. In addition, the Sponsor
agrees tnat if it fiails or refuszs to comply �iith these undertalcinys,
the administering agency may take any or all of the follo���ing actions:
Cancel, �erminate, or suspend in whole or in part this gran� (contratt,
loan, insurance, guarantee); refrain from extending any further assis-
tance to i,he Sponsor undar the program with respect to vfiicii the
failure or r-efunrl occurred until satisfactory assurance of future
compliance has been received trom the Sponsor; or refer the case to �
the Departmznt of Justice for appropriate lega] proceedings.
9. The Sponsor h2reby fur�her covenants tha� it wili not permit any
permanent-iype structures, other than structures requ9red for aids
to air na��igation and such oiher structures as may be specifi�ally
excepted in wriiing by the FAA, to be erectad on, and that it will
cause any existing structures to be removed from, each ar2a identi-
fied on the E;:hibii "A" as "clear zonz° or any portions thereof,
conc2rning which the Sponsor has acquired a fee intecest with federal
financial assistance, irrespective of whether such structures consti-
tute an obstruction to air nayigation. •
10. Sy its acceptance hereof, th� Sponsor hereby covenants that to the
exient it has or may have either present or future control over each
area identified on the Exhibit "A" as "clear zone," and unless excep-
t�ions to or deviations from the follo+•�ing obl9gations have been x
granted to th2 Sponsor in writing by the FAA, it will clear said area
or araas of any existing structure or any natural growth which consti-
tutes an obstruction to air navigation ti�ith the standards established
by Section 77.23 as applied to Section 77.25, ?art 77, os the f2dsral
Aviation Regula�ions; and the Sponsor further covenants that it will
10/20/72
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control the subsequent erection of structures and control ❑atural
growth to the extent necessary to prevent creation of obstructions
within said standards.
11. Assurance �umber 18 of Part V of the project application incorporated
6erein is amended by inciuding at the end of the secortd sentence the
following language:
"including the requirement ti�at (A) each air carrier, authorized to
" engage directly in air transporcation pursuant �o Section 4Dl or 4U2
of the Federal Aviation Act of 1958, using sucrt airport sliall b2
subject to nondiscriminatory and substantially com�arable rates, _
fees, rentals, and other charges and nondiscriminatory conditions
as are applicab7e to all such air carriers svhich make similar use of
such airport and which utilize sinilar facilities, subject �to reason- '�
able classifications such as tenants or nontenants, and com�ined
passe�ger and cargo flights or all cargo f7ights, and such classifi-
cation or status as tenant shall not b2 unreasonabty withheld by any
sponsor provided an air carrier assumes obligations substantially
similar to those already imposed on tenant air carriers, and (B) eacy
fixed base operator using a general aviation airpor� sha71 be subject
to the same raizs, �e4s, rentals, and oth_r charges as are uniformly
applicable to al} other fixed base operators making the same or
sinilar uses of such airport utilizing the same or similar faci7iti?s;
provisicn (A) above, shall not require �h? reformation of any lease
or other contract entered into by a sponsor before July 12, 1970.
Provision B above shall not require the reformation of any leasa or
other contract entered in�o by a sponsor befiore July 1, 1975."
12. It is undarstood and agreed that no part of �he Federal share of an -
airport development project for which a grant is made under the
Airport and Airaay Devalopm°nt Act o� 1970, as am2nded (�39 U.S.C.
1701 et seq.), or under the Fed2ral Airpori Act, as amended (49 t1.5.C.
1101 et seq.), shall be included in the rate 5ase in establishing
fees, rates, and charges for users of the airport.
13. This projec± and a71 work performed zhereunder is subject to the
Clean Air Act and the Federal hlater Pollution Control Act.
Accordingly,
a. The sponsor hereby stipulates that any facility to be utilized
in performance under th2 grant or to banefit frem the grant
is'not listed on the EPA List of Yioiating Facili�725.
b. The sponsor a�rees to comoly �;�ith all the requirements of Sec-
tion 114 of the Clean Air Act and Section 308 of the Federal r
4later Pollution Control Act and all regulations issued th2re-
under.
c. The sponsor shall noti�y the FAA of the receipt of any communi-
cation ;rom the EPA indicating that a facility to be utilized
Page 6 {Rev. 3/11/76)
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for performance of or benefit froni the grant is under considera-
tion to be listed on the EPA list of Violatin� Facilities.
d. Tfie sponsor agrees that he v�ill include or cause to be included
- in any contract or subcontract under the granfi which e;cceeds
�100,000 the criteria and requirements in these subparagran'ns
a throu9h d.
� 14. The sponsor will send a copy of all invitations for bids, advertised
� � or negotiated, for concessions or other businesses at the airport to
the Director, Dallas P.egional Office of hlinority IIusiness Enierprise
(OMBE), 1412 i�tain Street, Da11as, Texas 75202. The sponsor �riill dis- ' _
close and make information about the contracts, coniracting procedures,
and requirements available to the designated Oi•18E representative and
minority firms on the same basis that sucti inTOrmation is disclosed
and made availab7e to other organizations or firms. Responses by
minority firms to invitations fior 6ids shall be treated in the same
manner as all oth2r responses to the invitations for bids. Compliance
with the foregoing eiill be deamed to constitui,e comoliance by the
sponsor a�ith requirements of 49 CFR 21 Appendix C(a)(1)(x), Regula-
tions of th� Office of the 5ecretary of Transportation.
15. The grantee agrees to effectu�te the purpose of Section 30 0� the
Airport and Airway Development Act oi 1970, as amended, by assuring
that ninority business enterprises shall have the maximurn opport�.mity
to participaie in the periornance of contracts financed in whole or ,
in part v�ith Federal funds provided under this Agreenent. For tiie +
purpose oP this pro�iision, "'riinority 6usinzss Enterprise" means a f -
businass enterprise that is owned by, or is controlled by, a �
socially or econornically disadvantaged person or persons. Such � ,
disadvantage may arise fron cultural, racial, re7igious, sex,
national ori9in, chronic economic circumstances or background, or �
other similar cause. Such persons may inc7ude, but are not limited �
to, blacks not of Hispanic origin; persons of Hispanic origin; , ,
. Asians or Pacific Islanders; American Indians; and Aiaskan natives. �
Grantee further agrees to comply ��ith such regulations as may be '
issued by the Federal Aviation Administration to implement Section �
30 of the Act. �
lb. The Federal Government does not nota plan or contempiate the construc-
tion of any structures pursuant to Paragraph 27 of Part V - Sponsor's � . .
Assurances - of the Application for Federal Assistance dated
September 14, 1978 and, therefore, it is understood and agreed thut �
the sponsor is under no obligation to furnish any arezs or rignts '
vlithout cost to the Fed2rai Governm2nt under this &rant Agreement. '
Hoviever, nothing contained herein shall be construed ss altering or ;.
c anging the rights oF the United States and/or the obligations
of the sponsor ander prior Grant �lgreements to furnish rent-free
spaca for the activities specified in such agreemerrts.
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, Page 8 of'9 pages .;:,,' ' '
' 17. By its acceptance hereof, the sponsor hereby covenants and agrees that
it will provide adequate land on tfie Aspen-Pitkin County Airport without
cost for the purpose o� parking Federal rlviation Administration afficial
and employee vehicles or at the option of the sponsor will provide free
accommodations for FAA official parking and free or reasonable cost
accommodation for FAA emplayee parking at the Aspen-Pitkin County Airport.
Said parking area sh�ll be 4iithin reasonable proximity to the FAA
facilities located on said airport.
18. It is hereby understood and agreed by and between the parties hereto
that Federal participation in this project is limited to that portion
of allowable project costs in excess of �5,050, this figure being 82
peccent'of the value of the remaining useful life of the Index A crash,
fire, rescue vehicle acquired under ADAP Project No. 8-08-0003-02. '
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. 9 �.�; '. -
The Sponsor's acceptance oC this Offet and ratification and adoption of the Project Applicatiun
• incorporated hei•ein shall be evidenced by execution of this instrument liy the Sponsor,as herein- �
after providzd, and said Offer and Acceptance shall comprise s Grant Agreement, as pruvided b}�
the Airpon and Airivay De��elopment Act of 1970, constituting die obligations and rights of the
` United States and the Sponsor with resPect to tlie accomplishment of die Project and the operation
and maintenance of die Airport.Such Grant A;reement shall ber.ome effective upon the Sponsor's
acceptance of this Offer and shatl remain in full Corce and effect dtrou;llout die useFul life of the
facitities developed under the Project but in any event not to exceed twenty years from the date
of said acceptance.
UNITED STATES OF r1�lERICt1
FEDERAL AVIATIO� AD�IINISTR�TION - .
- �' , By..�G��'����/�/ .
(../
......�TITLE)
- Chief, Engine�ring & De��e opment Branch
Part lI-Acceptance Airports Division
� 'The County of Pi tki n, Col orado does hereby ratify and adopt all statements,
representations, :varranties, covenants, and agreements contained in the Project Application and
incorporated materials referred to in the foregoin, Offer and does hereby accept said OFfer and
by such acceptance a;rees to all of the terms and conditions thereof.
•
Executed d�is.........:.....:_.....day of...Se9Semker................... 19...7,$. ' �
� ...County.of. Pitkin,,Colorado.........:
(Nart e of S�on�sor)
By . .�.�.�.//�.Z.a�..�...��Z?M'c2z ......... —
(SEAL) ��9 � :
Ti[le ... na9rMan,.Hoard.nf..County.CDmmissaAn�rs
Attest::.................................. '
�': Tide:..',County Cl.erk : .
CERTIFICATG OF SPON50R'S ATTOI2NEY
1, .........
The County of Pitkin �
......................... . acting zs Attorney For ...,.....,......................:.,
(herein referred to as the "Sponsor") do hereUy certify:
That I have examined the foregoing Grant Agreemeni and the procecdings taken by said
Sponsor relating thereto,and find that �lie Acceptance thereof by said Sponsor has b�en duly auth-
or'tzed and that the e e utio� ihereof is in all respects due and proper and in accordance tvith the
laws of the State of..,�05 orado , ,,,,,and further Utat,in my opinion,said Grant
Agreement constitutes a legal and binding obligation of thz Sponsor in accordance �vitli the terms
thereof.
s
Dated at . AsQen, Colorado...........this..........day of...September............. . 19..78.
;; Title.. County Attorney...............:
FAA FORM S10U•f]PG i�10•]1)Sll�Efl5E0E5 FAA FORM 1632 PG 6 � PAGE 3
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