HomeMy WebLinkAboutMINUTES - 04152008 - C.10 TO: BOARD OF SUPERVISORS
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FROM: KEITH R. FREITAS, DIRECTOR OF AIRPORTS ot - Costa
°sr ` :
DATE: April 15, 2008 -� �oUr� County
SUBJECT: Airport Improvement Program (AIP) Grant Application to purchase 80 acres of land at the
Byron Airport.
SPECIFIC REQUES-r(S)OR RECOMMENDA-r1ON(S)R BACKGROUND AND JUSTIFICATION
1. Recommended Action:
AUTHORIZE the Director of Airports,or 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 amounts not to exceed$1,500,000.00 and$37,500.00,
respectively,to perform environmental analysis,complete an appraisal and purchase approximately 80 acres
of land at the Byron Airport, Byron area(District 111).
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 perform environmental analysis, complete an
appraisal and purchase approximately. 80 acres of land at the Byron Airport in an atnount not to exceed
$1,500,000.00.
APPROVE and AUTHORIZE the Director of Airports,or designee,to sign an acceptance of funds under
the California Aid to Airports Program Grant Agreement-Federal AIP Matching Funds grant program to
perform environmental analysis, complete an appraisal and purchase approximately 80 acres of land at the
Byron Airport in an amount not to exceed $37,500.00.
Continued on Attachment: x SIGNATURE: I `7
_LeKtCOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIC NATURE(S)q. —
E(S):
ACTION OF BtD ON ��So'I, APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct copy of an action
V TE OF SUPERVISORS taken and entered on the minutes of the Board of Supervisors on
UNANIMOUS(ABSENT ) the date shown.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED:
JOHN CULLEN,Clerk of the Board of Supervisors and County
Orig.Div: County Airports Adminis for
Contact: Keith rreitas 192x1 646-5722
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cc: County Administrator
Auditor-Controller
Community Development By- Deputy
Public Works Director
Public Works Accounting
Federal Aviation Administration
SUBJECT: Airport Improvement Program (AIP) Grant Application to purchase 80 acres of land at the Byron
Airport.
DATE: April 15, 2008
PAGE 2
II. FINANCIAL IMPACT:
There is no impact on the County General Fund. The total project amount will be $1,578,948.00.
Approximately 95% or$1.500,000.00 will be from the FAA, approximately 2.37% or$37,500.00 will be
from Caltrans, and approximately 2.63% or$41.448.00 will be from the Airport Enterprise Fund.
111. REASONS FOR RECOMMENDATION/BACIKGROUND:
The 80 acres of land abuts the Byron Airport and is within the approach and departure path of the
crosswind runway. Purchasing this land provides and added safety buffer to the Byron Airport and is
supported by the Federal Aviation Administration. The purchase is also consistent with the Byron Airport
Master Plan adopted by the Board oflSupervisors on June 14, 2005. If the grant is approved, a board
order will be prepared and submitted in the future for the purpose of obtaining approval and authorization
to execute the documents necessary to purchase the 80 acres of land.
W. Consequences of Negative Action:
The County will not receive the FAA Grant funding necessary to purchase the 80 acres of land at the
Byron Airport.
�o. GRANT AGREEMENT SAH PLE.
U.S.Department of Transportation
Federal Aviation Administration
Date of Offer. [Current Date] Recipient: [Recipient Name](Herein called[Enter"Sponsor"])
Project Number:[AIP Project Number] Airport: [Airport Name]
OFFER
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THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay,as the United States'share,[Percentage in words]percent([Funding Percentage
in Numbers]%)of the allowable costs incurred in accomplishing the project consisting of the following:
"[Grant Description]"
as more particularly described in the Project Application dated[Application Date].
[For Single Year Airport Sponsor Grants Include This Paragraph]The maximum obligation of the United States
payable under this Offer shall be $[Development Portion]for airport development, $[Noise Program Portion]for
noise program implementation,$[Land Portion]for land,and$[Planning Portion]for planning.
[For Multiyear Grants Include This Paragraph]The maximum obligation of the United States payable under this
Offer shall be[Federal Funding For Current Fiscal Year]. Whereas this project will not be completed during FY
[Current Fiscal Year], and the total US share of the estimated cost of completion will be$[Remaining cost FAA
will fund],the exact amount of this commitment will be established for each fiscal year by the FAA in a letter to the
Sponsor stating the current maximum obligation for this project. The FAA will issue this letter to the Sponsor
when such computation and obligation can be made in FY Fiscal Year[Add"s"if there are more than one more
year of the grant][Remaining Fiscal Year]subject to the restriction on the use of such apportionments imposed
on FAA by existing and future Appropriations Acts. This commitment does not in itself obligate, preclude, or
restrict the FAA in the use of any funds made available for discretionary use to further aid the sponsor in meeting
the cost of this project.
This offer is made in accordance with and for the purpose of carrying out the provisions of Title 49,United States
Code,herein called Title 49 U.S.C. Acceptance and execution of this offer shall comprise a Grant Agreement,as
provided by Title 49 U.S.C., constituting the contractual obligations and rights of the United States and the
Sponsor.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION Manager,[ADO Name]Airports District Office
SPECIAL CONDITIONS
[If you have only one small special condition,cut and paste it here. Otherwise,use the attachment. Delete this
whole section if there are no special conditions.]Terms and Conditions Signed and Dated on[Date signed by
Sponsor]
ACCEPTANCE
[Use for Airport Sponsors]The Sponsor agrees to accomplish the project in compliance with the terms and
conditions contained herein, in the Project Application, and in the January 2007 'Terms and Conditions of
Accepting Airport Improvement Program Grants"signed on [Enter the date the sponsor signed the Terms and
Conditions. If the timing works out that!the grant and the'Terms and Conditions"are sent out at the same time,
put a blank line here and instruct the sponsor to fill in the date on all copies.]
Executed this_day of ,20_
Signature of [Enter "Sponsor]'s Designated Official
Representative
(Seal) Title
CERTIFICATE OF[Enter"Sponsorl'S ATTORNEY
I, I acting as Attorney for the[Enter"Sponsor"]
do hereby certify: That in my opinion Ithe [Enter "Sponsor] is empowered to enter into the foregoing Grant
Agreement under the laws of[Name of1the State].Further,I have examined the foregoing Grant Agreement,and
the actions taken by said [Enter"Sponsor")relating thereto, and find that the acceptance thereof by said [Enter
"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 Title 49 U.S.C. In addition,for grants involving
projects to be carried out on property not owned by the[Enter"Sponsor'],there are no legal impediments that will
prevent full performance by the [Enter "Sponsor']. Further, it is my opinion that the said Grant Agreement
constitutes a legal and binding obligatioi of the[Enter"Sponsor"]in accordance with the terms thereof.
Executed this_day of ,20
Signature of Sponsors Attorney
[Delete Any Of The Following That Do Not Apply]
PROJECT NO.: [Project Number] DATE OF GRANT OFFER: [Date Of Offer]
ATTACHMENT A: SPECIAL CONDITIONS
1. ISpedal Condition"A"-Obsbudion In Approach Surfaces. Required when approaches or transitional surfaces are not cleared
a1 me time of the grant offer. (Ne Reference)] AD02s judgement should be used to determine ti Option 1 or 2 should be used.
The other option should be deleted. Option tit is mutually agreed that the sponsor will not incur costs which would
cause the payments due from the jUnited States under the terms of this grant agreement to exceed fifty
percent (50%) of the maximum obligation cited until the sponsor has Geared and protected the approach
zones, transitional zones and primary surface of Runway [Name of Runway] on airport property in
accordance with the provisions of the assurance in Section III.C.20 of the"Terms and Conditions of Accepting
Airport Improvement Program Grants". Option 2 Upon review of available airport information, it appears that
there are penetrations of FAR Part 77 imaginary surfaces on airport-controlled property. The airport sponsor
hereby agrees to initiate an obstruction survey within 6 months of the acceptance date of this Grant
Agreement to verify the existence/non-existence of such penetrations. In the event such penetrations are
confirmed, the airport sponsor agrees to develop a plan and schedule, no later than 12 months after the
acceptance date of this grant agreement, to mitigate such penetrations by removal or other methods
acceptable to the FAA.
2. ISpecial Condition "B"-Airport Property Not Acquired at Time of Grant. Necessary when all airport properly needed to
construct The grant work Item Is not aquired In lee prior to the granI offer. (AIP Handbook Paragraph 714)jA Notice to
Proceed shall not be issued to the contractor until the sponsor has acquired the necessary property interest
to construct the grant work items. Such interest is identified as fee title for parcels[Name of Parcels]on the
Exhibit"A"Property Map.
3. Ispectai Condition"C'-Terminal Buildings Percentage. Required when terminal buildings are Included In the grant since
the rale of participation is prorated and is different Man other grant work. (AIP Handbook Paragraph 613)IFor purposes
of computing the United States'shale of the allowable project costs of the project,the allowable cost of the
terminal building development included in the project shall not exceed[Spell Out Percent]percent([percent
as a number]%)of the actual cost of the entire building.
4. ISpecial Condition"D"-IitiHly Percentage. Required when utilities for eligible development are Included. (AIP Handbook
Paragraphs 515 and 613)IFor purposes of computing the United States share of the allowable project costs,the
allowable cost of the[Description of the Utility System in Question]included in the project shall not exceed
[The allowable Percentage Of The Actual Cost For The Entire Utility Or A Dollar Cost As Appropriate].
5. [Special Condition"E"-Milly Relocation HIgIbWty. Required H the eligibility determination has not been made regarding
utility relocation eligibility prior to the grant Issuance. (No Relerence)[It is understood and agreed that no payment
will be made on the[Type of Utility Relocation In Question]relocation until such time as the FAA makes a
determination regarding eligibility and it is also agreed that if a determination is made that the item is not
eligible the[Type of Utility Relocation In Question]relocation will be deleted by amendment.
6. ISpedal Condition"P'-Partially Complete Projects. Required when the grant does not Include a complete and useful unit.
(No Relerence)IThe sponsor agrees to construct and complete a useful and usable facility by[Date Useful
Usable Facility Needs To Be Completed By]with or without federal funds or such subsequent date as may be
agreed to by the FAA.
7. ISpeclal Condition"G"-Required for all grants that Include a navald. (AIP Handbook Paragraph 558)lExcept for
instrument landing systems acquired with AIP funds and later donated to and accepted by the FAA,the
sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the
AIP during the useful life of the equipment. The sponsor must check the facility,including instrument landing
systems,prior to commissioning to assure it meets the operational standards. The sponsor must also
remove,relocate,or lower each obstruction on the approach or provide for the adequate lighting or marking
of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable;
and mark and light the runway,as appropriate. The Federal Aviation Administration will not take over the
ownership,operation,or maintenance of any sponsor-acquired equipment except for instrument landing
systems.
8. ISpedal Condition"H"-Onapproved Plans and Specifications. Required when a proled Is placed under grant based on
priminary plans and specifications. (AHP Handbook Paragraph 1005C)]It is understood and agreed by and between the
parties hereto that this Grant Offer is made and accepted upon the basis of preliminary plans and
specifications; and the parties agree that within [Number Of Days From The Grant Offer Plans And Specs
Need To Be Submitted]days from]the date of acceptance of this Grant Offer,the Sponsor shall furnish final
plans and specifications to the FAA, that no construction work will be commenced hereunder, and that no
contract will be awarded for the accomplishment of the installation of the AWOS III until the said final plans
and specifications have been approved by the FAA;and the parties do further agree that any reference made
in this Grant Offer or in the aforesaid Application to plans and specifications shall be considered as having
reference to said final plans and specifications as approved.
9. ISpedal Condiflon'T'-land Acquisition for Future Airport Development. Required when land is mculded In a grant that Is to
be used for airport purposes more than five years alter acquisition. (AIP Handbook Paragraph 705)]The Sponsor agrees
to perform within[Number of Years'Sponsor Has To Perform Development]years of this Grant the airport
development that requires this land acquisition,and further agrees not to dispose of the land by sale or lease
without prior consent and approval of the Federal Aviation Administration. In the event the land is not used
within the[Number of Years Sponsor Has To Perform Development]years for the purpose for which it was
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acquired,the Sponsor will refund the Federal share of acquisition cost or the current fair market value of the
land,whichever is greater. i
io. Ispeclal Condition")"-Privately Owned Reliever Airports. Required When the grant is issued Is a privately owned,public use
airport. (11P Handbook Paragraph 806)INo payment shall be made under the terms of this grant agreement for
work accomplished on privately owned land until the sponsor submits the agreement with the owner of the
property required by assurance in Section III.C.5.d of the"Terms and Conditions of Accepting Airport
Improvement Program Grants"and such agreement is determined to be satisfactory. As a minimum,the
agreement with the private owner must contain the following provisions:
(a) The property owner shall subject the construction work on the project to such inspection and approval
during the construction or installation of the noise compatibility measures and after completion of the
measures as may reasonably be!requested by the Secretary or the sponsor.
(b) The property owner shall assume the responsibility for maintenance and operation of the items installed,
purchased or constructed under this is grant agreement. Neither the Federal Aviation Administration nor
the sponsor bears any responsibility for the maintenance and operation of these items.
(c) If Federal funds for the noise compatibility measures are transferred by the sponsor to the owner of the
private property,or the owner's agent,the property owner shall agree to maintain and make available to
the Secretary or the sponsor,upon reasonable request,records disclosing the amount of funds received
and the disposition of those funds'.
(d) The properly owner's right to sue the owner of[Airport Name]for adverse noise impact will be abrogated
if the property owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise
compatibility measures during the useful life of such measures. This obligation shall remain in effect
throughout the useful life of the noise compatibility measures,but not to exceed 20 years from the date of
the sponsor's acceptance of Federal aid for the project.
(e) No portion of[The Area Dedicated To Airport Use]shall be sold,exchanged or changed from aviation use
or the title encumbered without the expressed written consent of the Federal Aviation Administration.
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(f) It is understood and agreed by the sponsor that[The Portion Of The Airport NOT dedicated To Airport
Use But Financially Contributing ITo The Overall Viability Of The Airport]as shown on the Exhibit A,shall
continue to support the operation of the airport for a period of[Number Of Years Area Must Support
Airport Operations-Not Less Than 10]years from the date of this grant.
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11. 15peciaf Condition 'B"- No DBE Approval. Include In all grants that do not have DBE approval at the time of[be gram
Issuance. (No Reference)IThe sponsor cannot issue a notice to proceed [Or if this is a Reimbursement Grant]
make a draw down associated with the work described in this grant until they attain disadvantaged business
enterprise(DBE)approval from FAA Civil Rights Division.
12. ISpeclal Condition'7,"-Agency Agreement. Use D there Is an agency agreement between the sponsor and We state. (No
Relerence)IThe sponsor will not amenia,modify,or terminate the agency relationship between the sponsor,as
principal, and [The Name of the State Agent], as agent, created by the Agency Agreement entered into on
[Date of Agency Agreement],without prior written approval of the FAA.
13. [Special Cendillon"N"-RPI Fee AcgaslRon. Required B RPI land Is acquired as part of the grant. (AIP Handbook Paragraph
70lbUMThe sponsor agrees not to permit the erection or creation of any permanent structures in any runway
protection zone as depicted on the Exhibit"A"Property Map except for[Type of NAVIADS]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-
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14. [Special Condition"N"-RPI Avigatlon 1tx)ufsltion. Required H an RPI avigallon easement Is acquired as part of We grant.
(AIP Handbook Paragraph 70lb(1))IThe 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 an airport hazard 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 a s churches,schools,office buildings,shopping centers,and stadiums.
15. [Special Condition"0"-Excluded Work in Plans and SpeclHcations. Required H the plans and specifications Includes work
excluded from that covered by.the grant. (No Relerence)Ilt is mutually agreed that although the plans and
specifications include the construction of[Description of Excluded Work],such work shall not be part of this
project and the United States shall'not pay any of the costs pertaining to this excluded work. It is further
understood that if the sponsor accomplishes this excluded work,the sponsor shall maintain, as a portion of
the cost records covering this project,separate cost records pertaining to the above referenced construction.
These records shall be prepared anal made available for inspection and audit by the FAA to the end that the
cost of the excluded work can be definitely determined.
16.ISpeclal Condition"P"-Pavement Projects$250,000 or More. Required H the grant agreement Includes pavement work Wal
equals or exceeds$250,000. (All)Handbook Paragraphs 1220/1221)IThe sponsor agrees to perforin the following:
(a) Furnish a construction management program to FAA prior to the start of construction which shall detail
the measures and procedures to be used to comply with the quality control provisions of the construction
contract, including, but not limited to, all quality control provisions and tests required by the Federal
specifications.The program shall include as a minimum:
(1) The name of the person representing the sponsor who has overall responsibility for contract
administration for the project and the authority to take necessary actions to comply with the contract.
(2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the
project,together with a description of the services to be provided.
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(3) Procedures for determining that testing laboratories meet the requirements of the American Society
of Testing Materials standards on laboratory evaluation referenced in the contract specifications
(D3666,C1077).
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(4) Qualifications of engineering supervision and construction inspection personnel.
(5) A listing of all tests required by the contract specifications,including the type and frequency of tests to
be taken, the method of 1 sampling, the applicable test standard, and the acceptance criteria or
tolerances permitted for each type of test.
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(6) Procedures for ensuring that the tests are taken in accordance with the program, that they are
documented daily,that thej proper corrective actions,where necessary,are undertaken.
(b) Submit at completion of the project, a final test and quality control report documenting the results of all
tests performed, highlighting those tests that failed or did not meet the applicable test standard. The
report shall include the pay reductions applied and reasons for accepting any out-of-tolerance material.
An interim test and quality control report shall be submitted,if requested by the FAA.
(c) Failure to provide a complete report as described in paragraph(b),or failure to perform such tests,shall,
absent any compelling justification, result in a reduction in Federal participation for costs incurred in
connection with construction of the applicable pavement.Such reduction shall be at the discretion of the
FAA and will be based on the type or types of required tests not performed or not documented and will be
commensurate with the proportion of applicable pavement with respect to the total pavement constructed
under the grant agreement.
(d) The FAA,at its discretion,reserves the right to conduct independent tests and to reduce grant payments
accordingly if such independent tests determine that sponsor tests results are inaccurate.
17. [Special condition"Q"-Pavement Replacement of Reconstntcfion. Required H the granl contains any project 10 replace or
reconswct pavemenl at the airport. (AIP Handbook Paragraphs 520a and 520QjFor a project to replace or reconstruct
pavement at the airport, the sponsor shall implement an effective airport pavement maintenance
management program as is required by the assurance in Section III.C.11 of the"Terms and Conditions of
Accepting Airport Improvement Program Grants". The sponsor shall use such program for the useful life of
any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. An
effective pavement maintenance management program is one that details the procedures to be followed to
assure that proper pavement maintenance,both preventive and repair,is performed. An airport sponsor may
use any form of inspection program it deems appropriate,however,the program must,as a minimum,include
the following:
(a) Pavement Inventory. The following must be depicted in an appropriate form and level of detail:
(1) Location of all runways,taxiways,and aprons
(2) Dimensions
(3) Type of pavement
(4) Year of construction or most recent major rehabilitation
For compliance with the Ai
.port Improvement Program assurances, pavements that have been
constructed,reconstructed,or repaired with Federal financial assistance shall be so depicted.
(b) Inspection Schedule.
(1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of
recorded pavement deterioration is available,i.e.,Pavement Condition Index(PCI)survey as set forth
in Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements,
the frequency of inspections may be extended to three years.
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(2) Drive-by Inspection. A drive-by inspection must be performed a minimum of once per month to
detect unexpected changes in the pavement condition.
(c) Record Keeping. Complete information on the findings of all detailed inspections and on the
maintenance performed must The recorded and kept on file for a minimum of five years. The types of
distress, their locations, and)remedial action, scheduled or performed, must be documented. The
minimum information to be recorded is listed below.
(1) Inspection date
(2) Location
(3) Distress types
(4) Maintenance scheduled or performed
For drive-by inspections,the date of inspection and any maintenance performed must be recorded.
(d) Information Retrieval. An airpbrt sponsor may use any form of record keeping it deems appropriate,so
long as the information and records produced by the pavement survey can be retrieved to provide a
report to the FAA as may be required.
(e) Reference. Refer to Advisory Circular 150/5380-6,Guidelines and Procedures for Maintenance of Airport
Pavements,for specific guidelines and procedures for maintaining airport pavements and establishing an
effective maintenance program. Specific types of distress,their probable causes, inspection guidelines,
and recommended methods of,repair are presented.
18.ISSII `NI WIffiRQ. :,;°MV..:to,- Welft"If 16ndboal%'Paragiraph.:"585)j The sponsor agrees to the following
under the Voluntary Airport Low Emission(VALE)program:
(a) Vehicles and equipment purchased with assistance from this grant shall be maintained and used for their
useful life at the airport for which they were purchased. Moreover,any vehicles or equipment replaced
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under this program shall not be transferred to another airport or location within the same or any other
nonattainment or maintenance area. No airport-owned vehicles or equipment may be transferred to,
taken to, or used at another airport without the consent of the Federal Aviation Administration in
consultation with the United States Environmental Protection Agency and State air quality agency.
(b) All vehicles and equipment purchased with assistance from this grant shall be clearly labeled using the
VALE program emblem designed by the Federal Aviation Administration.
(c) The sponsor shall maintain annual reporting records of all vehicles and equipment purchased with
assistance from this grant. These public records shall contain detailed information involving individual
vehicles and equipment,project expenditures,cost effectiveness,and emission reductions.
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(d) The sponsor certifies that it shall replace any disabled or seriously damaged vehicle or equipment
purchased with assistance from this grant, at any time during its useful life,with an equivalent vehicle or
unit that produces an equal or lower level of emissions. The sponsor assumes all financial responsibility
for replacement costs. The sponsor also certifies that it shall fulfill this replacement obligation, beyond
the useful life of the affected vehicle or equipment, for the possible longer life of Airport Emission
Reduction Credits that were granted to the Sponsor for this vehicle or equipment.
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IIelse ;let se_e_eA�tee n mot e� legis JWft Lf4%!. Itee�_'WI t»t_ The
Sponsor hereby agrees that upon completion of the land acquisition in this project, it will prepare a Noise
Land Inventory Map and Reuse Plan to standards satisfactory to the Federal Aviation Administration(FAA)
and submit said documentation in final form to the FAA. It is further mutually agreed that the reasonable cost
of developing said Noise Land Inventory Map and Disposal Plan is an eligible administrative cost for
participation within the scope of this project.
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