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Res 2003-125
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Res 2003-125
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Last modified
11/6/2003 3:05:29 PM
Creation date
10/17/2003 3:33:25 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2003-125
Date
7/23/2003
Volume Book
152
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Participation in additional federally eligible costs may require approval by the Texas <br />Transportation Commission. The State will not authorize expenditures in excess -of the <br />dollar amounts identified in this Agreement and any amendments, without the consent of <br />the Sponsor. <br /> <br />Payment of the United States share of the allowable project costs will be made in <br />accordance with the provisions of such regulations and procedures as the State and the <br />FAA shall prescribe. Final determination of the United States share will be based upon <br />the final audit of the total amount of allowable project costs and settlement will be made <br />for any upward or downward adjustments to the Federal share of costs. <br /> <br />Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested <br />by the State. At project closeout, Sponsor will be reimbursed for any credited amounts <br />that exceed Sponsor's share. <br /> <br />Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to <br />the Sthte that it has sufficient funds to meet its share of the costs as stated. The Sponsor <br />grants to the State and federal government the right, upon advance written request during <br />reasonable and regular business hours, to audit any books and records of the Sponsor to <br />verify the funds. In addition, the Sponsor shall disclose the source of all funds for the <br />project and its ability to finance and operate the project. <br /> <br />Following the execution of this Agreement and upon written demand by the State, the <br />Sponsor's financial obligation (Amount D) shall be due and payable to the State. State <br />may request the Sponsor's financial obligation in partial payments. Should the Sponsor <br />fail to pay said obligation, either in whole or in part, within 30 days of written demand, <br />the State may exemise its fights under Paragraph V-7. Likewise, should the State be <br />unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be <br />considered a breach and the Sponsor may exercise any rights and remedies it has at law or <br />equity. <br /> <br />PART III - Sponsor Responsibilities <br /> <br />In accepting the Agreement, the Sponsor guarantees that: <br /> <br />a. it wilt comply with the Attachment A, Certification of Airport Fund, attached and <br /> made a part of this agreement; and <br /> <br />b. it will comply with the Attachment B, Certification of Project Fund, attached and <br /> made a part of this Agreement; and <br /> <br />c. it will comply with the Attachment C, Airport Assurances (9/99)(State Modified <br /> 9/99), attached and made a part of this Agreement; and <br /> <br />d. it will, in the operation of the facility, comply with all applicable state and federal <br /> 3 of 26 <br /> <br /> <br />
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