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Res 1999-043
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Res 1999-043
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8/21/2006 4:41:19 PM
Creation date
8/21/2006 4:40:27 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1999-43
Date
3/1/1999
Volume Book
136
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<br />airspace, unless Sponsor can show that acquisition and retention of such interests <br />will be impractical or will result in undue hardship to Sponsor. Sponsor shall be <br />ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to <br />such subsequent approval of a grant or loan, adopted and passed an airport hazard <br />zoning ordinance or order approved by the State; and <br /> <br />n. it will provide upon request to the State, the engineering or planning consultant, <br />and the FAA copies of any maps, plans, or reports of the project site, applicable to <br />or affecting the above project; and <br /> <br />o. after reasonable notice, it will permit the State, the FAA, and any consultants and <br />contractors associated with this project, access to the project site, and will obtain <br />permission for the State, the FAA, and consultants and contractors associated with <br />this project, to enter private property for purposes necessary to this project; and <br /> <br />p. all development of an airport constructed with program funds shall be consistent <br />with the Airport Layout Plan approved by the State and maintained by the <br />Sponsor. A reproducible copy of such plan, and all subsequent modifications <br />thereto, shall be filed with the State for approval; and <br /> <br />q. it shall take all steps, including litigation if necessary, to recover funds spent <br />fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in <br />any other manner in any project upon which Federal and State funds have been <br />expended. For the purposes of this grant agreement, the term "funds" means <br />funds, however used or disbursed by the Sponsor or Agent that were originally <br />paid pursuant to this or any other grant agreement. It shall obtain the approval of <br />the State as to any determination of the amount of such funds. It shall return the <br />recovered share, including funds recovered by settlement, order or judgment, to <br />the State. It shall furnish to the State, upon request, all documents and records <br />pertaining to the determination of the amount of the funds or to any settlement, <br />litigation, negotiation, or other efforts taken to recover such funds. All settlements <br />or other final positions of the Sponsor, in court or otherwise, involving the <br />recovery of such funds shall be approved in advance by the State. <br /> <br />2. The Sponsor hereby certifies to the State that it will have acquired clear title in fee simple <br />to all property upon which construction work is to be performed, or have acquired a <br />leasehold on such property for a term of not less than 20 years, prior to the advertisement <br />for bids for such construction or procurement of facilities that are part of the above <br />project, and within the time frame of the project, a sufficient interest (easement or <br />otherwise) in any other property which may be affected by the project. <br /> <br />3. The Sponsor, to the extent ofits legal authority to do so, shall save harmless the State, the <br /> <br />Page 6 of 14 <br />
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