HomeMy WebLinkAboutMINUTES - 02142006 - C.20 c' '�
TO: BOARD OF SUPERVISORS Contra
.f:
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa C
DATE: February 14, 2006 °�sr9�oU- County
SUBJECT: AUTHORIZE acceptance of a Federal Aviation Administration and Caltrans Airport
Improvement Program (AIP) Grants to replace fire pump system at Byron Airport
Specific Request(s)or Recommendation(s) &Background&Justification
I. RECOMMENDED ACTION:
AUTHORIZE the Public Works Director, or his designee, to submit an Airport Improvement Program (AIP)
grant application to both the Federal Aviation Administration (FAA) and the California Department of
Transportation-Division of Aeronautics (Caltrans) in the amount of$150,000.00 and $7,500.00, respectively, to
replace the fire pump system at the Byron Airport, Byron area(District III).
APPROVE and AUTHORIZE the Chair of the Board of Supervisors to sign a Statement of Acceptance with the
Federal Aviation Administration for grant funds to purchase and install a new fire pump engine, associated
system upgrades and emergency backup fire pump/engine system at the Byron Airport in the amount of
$150,000.00.
APPROVE and AUTHORIZE the Public Works Director, or his designee, to sign an acceptance of funds under
the California Aid to Airports Program Grant Agreement-Federal AIP Matching Funds grant program to purchase
and install a new fire pump engine, associated safety upgrades and emergency backup fire pump/engine system at
the Byron Airport in the amount of$7,500.00.
Continued on Attachment: X SIGNATU
-ikECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
✓APPROVE OTHER
r
SIGNATURE(S):
ACTION OF BOA7N �� �/'' � COMMENDED OTHER APPROVED AS
V�OF SUPERVISORS I hereby certify that this is a true and correct copy of an
UNANIMOUS(ABSENT action taken and entered on the minutes of the Board of
AYES: NOES: Supervisors on the date shown.
ABSENT: ABSTAIN:
G:parcelc.bos.doc ATTESTED:
Board Orders\parcek.bos.doc
JOHN SWEETEN, Clerk of the Board of Supervisors and
Orig.Div: Public Works(Airports Division) County Administrator
Contact: Doreen Arens,Phone(925)646-5722
cc: County Administrator
Auditor-Controller
Community Development By , Deputy
Public Works Director
Public Works Accounting
Federal Aviation Administration
Via Airport Staff-Barnard Dunkelberg&Company
SUBJECT: AUTHORIZE acceptance of a Federal Aviation Administration and Caltrans Airport
Improvement Program (AIP) Grants to replace fire pump system at Byron Airport
DATE: February 14, 2006
PAGE: 2
II. FINANCIAL IMPACT:
There is no impact on the County General Fund. The total project amount will be$157,895.00. Ninety-five
percent(95%) or$150,000.00 will be from the FAA,four and three-quarter percent(4.75%) or$7,500.00 will be
from Caltrans, and one-quarter percent(0.25%) or$395.00 will be from the Airport Enterprise Fund.
III. REASONS FOR RECOMMENDATION/BACKGROUND:
The fire system was first installed with the opening of the new Byron Airport in 1994. The system
includes a one (1) million gallon open water holding pond, fire pump and pump engine. The system
was installed during the construction of the new Byron Airport because there is no fire hydrant service
serving the Airport and surrounding area. After eleven years of service there was a failure with the
pump engine in which it overheated and the engine was destroyed. The fire system is currently being
maintained by a temporary fire pump system, at the cost of$5,150.00 per month.
These grant funds will allow the Public Works Department-Airports Division to purchase both a new
fire pump engine and emergency backup fire pump/engine system. The purchase of the emergency
backup fire pump/engine system should reduce any significant service interruptions, should the new
system fail in the future.
Additionally, a fire system engineering consultant will evaluate the proposed replacement fire pump
engine, monitor the installation of the new fire pump engine and evaluate the capacity limits of the
system in regards to future demands.
IV. Consequences of Negative Action:
The entire$157,895.00 expense to replace the fire system at the Byron Airport will be bore sole by the Airport
Enterprise Fund.
U.S. Department San Francisco Airports District Office
of Transportation 831 Mitten Road, Room 210
Federal Aviation Burlingame, California 94010-1303
Administration
July 13, 2006
CERTIFIED MAIL
Mr. Keith R. Freitas
Director of Airports
Contra Costa County
550 Sally Ride Drive
Concord, California 94520
Dear Mr. Freitas :
Airport: Byron, CA; AIP Project No. 3-06-0008-11; Contract No. DTFA08-06-C-
31752;
Grant Offer
Enclosed are three (3) original sets of the approved Grant Offer for the above
project.
Acceptance of the Grant Offer will obligate the Sponsor to accomplish the
described development. The United States commits itself to participate in the
allowable cost of the project not to exceed the amount shown on Page 2 of the
Grant Offer. The Offer must be accepted on or before August 10, 2006, as
specified in Condition 6, Page 2 of the Grant Offer.
Basic considerations are that members of the Sponsor's governing body know the
full content of the Grant Offer and that the method of acceptance conforms to
local law.
The official of the Sponsor authorized to accept the enclosed Grant -Offer shall
accept same by signing said offer and inserting the date in the space provided
under Part II - Acceptance. The Sponsor's attorney shall certify that the
acceptance complies with all applicable laws and constitutes a legal and binding
obligation of the Sponsor by executing the "CERTIFICATE OF SPONSOR'S ATTORNEY" .
The date of said certificate shall be the same as, or later than the date of
execution.
When the document is fully executed, certified, attested and appropriate seals
are impressed, please return two (2) sets of the three (3) original sets of the
execu . Grant Agreement to this office.
S
inger ,ehiard
Aict. Office
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development,airport planning,.and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49,U.S.C., subtitle VII, as amended. As used
herein,the term"public agency sponsor"means a public agency with control of a public-use
airport;the term"private sponsor"means a private owner of a public-use airport; and the
term"sponsor"includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor,these assurances are incorporated in and
become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public
Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain
in full force and effect throughout the useful life of the facilities developed or equipment
acquired for an airport development or noise compatibility program project,or throughout
the useful life of the project items installed within a facility under a noise compatibility
program project,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 assurances regarding Exclusive Rights and Airport Revenue so long as
the airport is used as an airport. There shall be no limit on the duration of the terms,
conditions,and assurances with respect to real property acquired with federal funds.
Furthermore,the duration of the Civil Rights assurance-shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful
life of project items installed within a facility or the useful life of the facilities developed or
equipment acquired under an airport development or noise compatibility program project
shall be no less than ten(10)years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant
agreement,only Assurances 1, 2,3,5, 6, 13, 18,30,32,33,and 34 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 Requirements. 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 but not limited to
the following:
Federal Legislation
a. Title 49,U.S.C., subtitle VII,as amended.
b. Davis-Bacon Act-40 U.S.C.276(x),et sea.
C. Federal Fair Labor Standards Act-29 U.S.C. 201,et sea.
d. Hatch Act-5 U.S.C. 1501, et seq.2
Airport Sponsor Assurances (3/2005)
Secretary,shall be incorporated into this grant agreement. Any modification to the approved
plans,specifications, and schedules shall also be subject to approval of the Secretary,and
incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical
supervision at the construction site throughout the project to assure that the work conforms
to 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 deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
b. It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
C. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d. It will make such material available 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 otherwise 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.
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. 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
Airport Sponsor Assurances (3/2005)
C. Each fixed-based operator at the airport shall 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 air carrier using such airport shall have the right to service itself or to
use any fixed-based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
C. Each air carrier using such airport(whether as a tenant,non tenant, or
subtenant of another air carrier tenant)shall be subject to such
nondiscriminatory and substantially comparable rules,regulations,
conditions,rates, fees,rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport
and utilize similar facilities, subject to reasonable classifications such as
tenants or non tenants and signatory carriers and non signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
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 own 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 assurance,the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor under
these provisions.
h. The sponsor may establish such reasonable, and not unjustly
discriminatory,conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type,kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing, or intending to provide,aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed-based operator shall
not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly,burdensome,or impractical for more than one
fixed-based operator to provide such services,and
b. .If allowing more than one fixed-based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement
between such single fixed-based operator and 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 to conduct any aeronautical activities,
Airport Sponsor Assurances (3/2005)
1
b. for airport development projects,make the airport and all airport records and
documents affecting the airport, including deeds,leases, operation and use
agreements,regulations and other instruments,available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
C. for noise compatibility program projects,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 other instruments, available for inspection by any duly
authorized agent of the Secretary upon reasonable request;and
d. in a format and time prescribed by the Secretary,provide to the Secretary and
make available to the public following each of its fiscal years, an annual report
listing in detail:
(i)all amounts paid by the airport to any other unit of government and the
purposes for which each such payment was made;and
(ii)all services and property provided by the airport to other units of government
and the amount of compensation received for provision of each such
service and property.
27. Use by 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
Government aircraft using the airport(the total movement of Government
aircraft multiplied by gross weights of such aircraft)is in excess of five
million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use
in connection with any air traffic control or air navigation activities,or weather-reporting
and communication activities related to air traffic control, any areas of land or water, or
estate therein,or rights in buildings of the sponsor as the Secretary considers necessary or
desirable for construction,operation,and maintenance at Federal expense of space or
facilities for such purposes. Such areas or any portion thereof will be made available as
provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport
showing(1)boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or controlled by the
sponsor for airport purposes and proposed additions thereto;(2)the
location and nature of all existing and,proposed airport facilities and
structures(such as runways,taxiways, aprons,terminal buildings,hangars
and roads),including all proposed extensions and reductions of existing
Airport Sponsor Assurances (3/2005)
improvement project or projects approved by the Secretary at that airport
or within the national airport system,or(2)be paid to the Secretary for
deposit in the Trust Fund if no eligible project exists.
C. Land shall be considered to be needed for airport purposes under this
assurance if(1)it may be needed for aeronautical purposes(including
runway protection zones)or serve as noise buffer land,and(2) the revenue
from interim uses of such land contributes to the financial self-sufficiency
of the airport. Further,land purchased with a grant received by an airport
operator or owner before December 31, 1987,will be considered to be
needed for airport purposes if the Secretary or Federal agency making such
grant before December 31, 1987,was notified by the operator or owner of
the uses of such land, did not object to such use, and the land continues to
be used for that purpose,such use having commenced no later than
December 15, 1989.
d. Disposition of such land under(a)(b)or(c)will be subject to the retention
or reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. It will award each contract,or sub-contract for program
management,construction management,planning studies,feasibility studies,architectural
services,preliminary engineering,design,engineering,surveying,mapping or related
services with respect to the project in the same manner as a contract for architectural and
engineering services is negotiated under Title IX of the Federal Property and Administrative
Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by
the sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used
to fund any project which uses any product or service of a foreign country during the period
in which such foreign country is listed by the United States Trade Representative as denying
fair and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies,Standards,and Specifications. It will carry out the project in accordance with
policies,standards,and.specifications approved by the Secretary including but not limited to
the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated
and included in this grant,and in accordance with applicable state policies, standards, ,
and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1)It will be guided in acquiring real property,
to the greatest extent practicable under State law,by the land acquisition policies in Subpart
B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as
specified in Subpart B. (2)It will provide a relocation assistance program offering the
services described in Subpart C and fair and reasonable relocation payments and assistance
to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3)It will make
available within a reasonable period of time prior to displacement, comparable replacement
dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit,to the maximum
extent practicable,intercity buses or other modes of transportation to have access to the
airport,however,it has no obligation to fund special facilities for intercity buses or for other
modes of transportation.
Airport Sponsor Assurances (3/2005)
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 —Offer
Date of Offer July 13, 2006
Byron Airport/Planning Area
n
Project No. 3-06-0008-11
Contract No.DTFA08-06-C-31752
TO: Contra Costa County
(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 March 30, 2006, for a grant of Federal
funds for a project at or associated with the Byron Airport/Planning Area which Project Application, as approved by the
FAA, is hereby incorporated herein and made a part hereof; and
WHEREAS,the FAA has approved a project for the Airport or Planning Area(herein called the "Project") consisting of
the following:
Replacement of fire system pump and acquisition of emergency standby pump &engine
all as more particularly described in the Project Application.
Page 1 of 4
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as
amended, 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 assurances
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, 95.00 percent of the allowable project costs.
The 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 $150,000.00. For the purposes of
any future grant amendments which 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:
$0.00 for planning
$150,000.00, for airport development or noise program implementation.
2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for
consideration 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. 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.
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 August 10, 2006, 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 fraudulently,
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 however 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 shall return the recovered Federal share, including funds recovered by settlement, order or
judgment, 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 positions 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.
Page 2 of 4
9. The sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its
disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to
this provision may cause the letter of credit to be revoked.
10. Approval of the project included in this agreement is conditioned on the Sponsor's compliance with applicable air
and water quality standards in accomplishing project construction. Failure to comply with this requirement may
result in suspension, cancellation,or termination of Federal assistance under this agreement.
11. Itis mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum
grant obligation of the United States exceeds the expected needs of the Sponsor by$25,000.00 or five percent
(5%), whichever is greater,the maximum obligation of the United States can be unilaterally reduced by letter
from the FAA advising of the budget change. Conversely, if there is an overrun in the total actual eligible and
allowable project costs,FAA may increase the maximum grant obligation of the United States to cover the
amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the
increase. It is further understood and agreed that if, during the life of the project,the FAA determines that a
change in the grant description is advantageous and in the best interests of the United States, the change in grant
description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter,
either the grant obligation of the United States is adjusted to the amount specified or the grant description is
amended to the description specified.
12. Buy American Requirement. Unless otherwise approved by the FAA, it will not acquire or permit any
contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to
be used for any project for airport development or noise compatibility for which funds are provided under this
grant.
13. In accordance with Section 47108(b) of the Act, as amended,the maximum obligation of the United States, as
stated in Condition No. 1 of this Grant Offer:
a) may not be increased for a planning project;
b) may be increased by not more than 15 percent for development projects;
c) may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase
in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on
current credible appraisals or a court award in a condemnation proceeding.
14. The Sponsor agrees to take the following actions to maintain and/or acquire a property interest, satisfactory to the
FAA, in the Runway Protection Zones:
Existing Fee Title Interest in the Runway Protection Zone: The Sponsor agrees to prevent the erection or creation
of any structure or place of public assembly in the Runway Protection Zone, except for NAVAIDS that are fixed
by their functional purposes or any other structure approved by the FAA. Any existing structures or uses within
the Runway Protection Zone will be cleared or discontinued unless approved by the FAA.
Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take any and all steps
necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any
structure in the Runway Protection Zone that is a hazard to air navigation or which might create glare or
misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating
activities, or places of public assembly, such as churches, schools,.office buildings, shopping centers,and
stadiums.
15. The Part V Assurances dated September 1999, submitted as a part of the Sponsor's Project Application, is hereby
revised to include new assurance numbers 38 and 39, and revisions to assurance number 31. The updated
assurances, dated March 2005, is attached hereto and made apart hereof.
Page 3 of 4
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 AMERICA
FED L AVIATION ADMINISTRATION
E74 -71 C ION
Ir
d hiang
Act' Manager, Airports D strict Office
Part H-Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,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 25th day of JULY ,2006.
Contra Costa County
(NAME SPONS R)
(SEAL)
By
(SPONSOR'S S GNATED O ICIA PRESENTATIVE)
Title CHAIRMAN
Attest:
Title: DEPUTY CLERK
CERTIFICATE OF SPONSOR'S ATTORNEY
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
. Further, I have examined the foregoing Grant Agreement and the actions taken 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. I- '*" ' .
carried out on property not owned by the Sponsor, there are no legal in a. The date of execution by the Sponsor should be
the Sponsor. Further, it is my opinion that the said Grant Agreement c, entered under Part I1-Acceptance. on this page.
Sponsor in accordance with the terms thereof.
b. The date of the Certificate of Sponsor's Attorney
MUST BE the same or later than the date of
Dated at this day of execution.
c. The original SEAL MUST BE stamped on this
SIGNAR page.
Page 4 of 4