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AGREEMENT #2979
U.S.DEPARTMENT R17480, 4-9-91
OF TRANSPORTATION
FEDERAL AVIATION
ADMINISTRATION
GRANT AGREEMENT
Part I-Offer
Date of Offer:April 26,1991
Palm Springs Regional Airport/Planning Area
Project No:3-06-0181.13
Contract No: DTFA08-91-C-20616
TO: City of Palm Springs,California
(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 01/10/91,for a grant of Federal funds for a
project at or associated with the Palm Springs Regional 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:
Construct terminal apron south of Taxiway"W-2" (approx.9,750 S.Y.);reconstruct terminal apron south of proposed
terminal expansion (approx. 8,600 SY);extend fire main and water line around existing terminal (approx.1,050 LF);
extend sanitary sewer main from proposed terminal expansion to existing line and from existing line to Ramon Road
(approx. 3,750 LF);install security access system Phase II.
all as more particularly described in the Project Application.
WHEREAS,this project will not be completed during Fiscal Year 1991 and the estimated United States share of the total
cost of completion will be$2,072,107.00.
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NOW THEREFORE,pursuant to and for the purpose of carrying out the provisions of the.Airport and Airway Improvement Act
of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987,herein called the "Act,"and/or _
the Aviation Safety and Noise Abatement Act of 1979,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,
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,90.00 percentum.
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$567,100.00. 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:
$ for planning
$567,100.00 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 09/30/91 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 returns 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.
9. The attached Part V Assurances are hereby substituted in lieu of those in the Sponsor's Project Application and
made a part hereof.
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10. 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 90 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
such work until the said final plans and specifications have been approved by the FAA; and the parties do hereby
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.
11. The sponsor agrees to perform 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.
(3) Procedures for the testing laboratories to meet the requirements of the applicable American Society
of Testing Material's standards on laboratory evaluation,referenced in the contract specifications
(D 3666,C 1077).
(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 sampling,the applicable test standard, and the acceptance
criteria or tolerances permitted for each type of test.
(6) Procedures for ensuring that the tests are taken in accordance with the program, that they are
documented daily,that the 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.
12. The maximum obligation for the current fiscal year stated in Condition 1 of this agreement may be increased by the
additional amounts,if any, added by the document issued under the subparagraph below,but may not exceed the
United Slate's share of the total estimated cost of completion,except as provided in section 512(b) of the
Airport and Airway Improvement Act of 198:2. Under section 512(a) of the Act, as amended,and at the sponsor's
request,the FAA commits the United States to obligate an additional amount to this project for payment of its
share of the cost,in accordance with the terms hereof. This additional amount will include all or part of the
funds apportioned to the sponsor for FY 1992 under section 507(a)(1) of said Act,subject to the restriction on
the use of such apportionments now or hereafter imposed on FAA by Appropriations Acts now or hereafter enacted,
or by any other statute or regulation. It is further understood by the parties that this commitment does not in
itself obligate,preclude,or restrict the FAA in the use of any funds made available for discretionary use
under section 507 of said Act to further aid the sponsor in meeting the cost of this project under the terms of
this agreement and limitations of law. 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. This letter
will be issued to the sponsor by FAA when such computation and obligation can be made in FY 1992. The parties
agree that upon its issuance, this letter shall be considered incorporated by reference into,and part of, this
agreement.
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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 Slates 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
FEDERAL AVIATION ADMINISTRATION
Robert C.Bloom
Supervisor,Standards Section
Part II-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 1st day of May , 1991
City f Palm Springs,Calif ni
(SEAL) By
(Sponsor's Designated Official Representative)
Attes4: ' xZ1 — Title City Manager
Title: City Clerk
CERTIFICATE OF SPONSOR'S ATTORNEY
I David J. Al es h i re , 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
California. 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. In addition,for grants involving projects to be carried out on
property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor.
Further,it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof.
Dated at Palm Springs,CA this lst day of May , 1991
Signature o S onsor's Attorney
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October I, 1990
PART V
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 to airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the
provisions of the Airport and Airway Improvement Act of 1982,as amended by the Airport and Airway Safety and
Capacity Expansion Act of 1987,or the Aviation Safety and Noise Abatement Act of 1979. As used herein, the term
"public agency sponsor"meahs 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 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 assurance against exclusive rights or the terms,conditions, and
assurances with respect to real property acquired with Federal funds. Furthermore,the duration of the Civil Rights
assurance shall be as specified in the assurance.
2. Airport Development or Noise Compatibility Program 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
facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no
less than 10 years from the date of the 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, 18,30,32,33,34,and 36 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 limitb;d to the following:
Federal Lhgislation
a. Federal Aviation Act of 1958-49 U.S.C. 1301,et seq.
b. Davis-Bacon Act-40 U.S.C.276(a),et seq.l/
c. Federal Fair Labor Standards Act-29 U.S.C.201,et seq.
d. Hatch Act-5 U.S.C. 1501,et seq.2/
e. Uniform Relocation Assistance.and Real Property Acquisition Policies Act of 1970,as amended-42 U.S.C.
4601,et seq. 1/2/
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October 1, 1990
f. National Historic Preservation Act of 1966-Section 10616 U.S.C. 470(f). 1/
g. Archaeological and Historic Preservation Act of 1974- 16 U.S.C.469 through 469c.1/
h. Flood Disaster Protection Act of 1973-Section 102(a)-42 U.S.C. 4012a. I/
i. Rehabilitation Act of 1973-29 U.S.C.794.
J. Civil Rights Act of 1964-Title VI-42 U.S.C.2000d through d-4.
k. Aviation Safety and Noise Abatement Act of 1979,49 U.S.C.2101,et seq.
1. Age Discrimination Act of 1975-42 U.S.C.6101,et seq.
m. Architectural Barriers Act of 1968-42 U.S.C. 4151,et seq.1/
n. Airport and Airway Improvement Act of 1982,as amended 49 U.S.C. 2201,et seq.
o. Powerplant and Industrial Fuel Use Act of 1978-Section 403 42 U.S.C. 8373.1/
p. Contract Work Hours had Safety Standards Act-40 U.S.C.327,et seq.
q. Copeland Antikickback Act- 18 U.S.C.874.1/
r. National Environmental Policy Act of 1969-42 U.S.C.4321,et seq. 1/
s. Endangered Species Act-16 U.S.C.668(a),et seq.i/
t. Single Audit Act of 1984-31 U.S.C.7501,et seq.Z/
u. Drug-Free Workplace Act of 1988-41 U.S.C.702 through 706.
Executive Orders
Executive Order 12372-Intergovernmental Review of Federal Programs Executive Order 11246-Equal Employment
Opportunity 1/
Federal Regulations
a. 49 CFR Part 18-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments.d/
b. 49 CFR Part 21-Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964.
c. 49 CFR Part 23-Participation by Minority Business Enterprise in Department of Transportation Programs.
d. 49 CFR Part 24-Uniform Relocation Assistance and Real Property Acquisition Regulation for Federal and
Federally Assisted Programs. 1/;t/
e. 49 CFR Part 27-Non-Discrimination on the Basis of Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance. 1/
f. 49 CFR Part 29-Debarments,Suspensions,and Voluntary Exclusions.
g. 49 CFR Part 30-Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That
Deny Procurement Market Access to U.S. Contractors.
h. 29 CFR Part 1-Procedures for Predetermination of Wage Rates.l/
L 29 CFR Part 3-Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States. I/
j. 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction. 1/
k. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal Employment Opportunity,
Department of Labor(Federal and Federally assisted Contracting Requirements). 1/
I. 14 CFR Part 150-Airport Noise Compatibility Planning.
Office of Management and Budget Circulars
a. A-87-Cost Principles Applicable to Grants and Contracts with State and Local Governments.3J
b. A-128-Audits of State and Local Governments.2/
1/These laws do not apply to airport planning projects.
2/These laws do not apply to private sponsors
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October 1, 1990
2/49 CFI,,Part 18 and OMIB Circular A-87 contain requirements for state and local governments receiving
Federal assistance. Any requirement levied upon State and local governments by this regulation and circular
shall also be applicable to private sponsors receiving federal assistance under the Airport and Airway
Improvement Act of 1982, as amended.
Specific assurances required to be included in grant agreements by any of the above laws,regulations or circulars are
incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsol^ It has legal authority to apply for the grant,and to finance and carry out the proposed
project;that a resolution,motion or similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application,including all understandings and assurances
contained therein,and directing and authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such additional information as may be
required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project
and comply with all terms,conditions,and assurances of this grant agreement. It shall designate an official
representative, and shall in writing direct and authorize that person to file this application,including all
understandings and assurances contained therein;to act in connection with the application;and to provide such
additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid
by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant
agreement which it will own or control.
4. Good Title.
a. It holds good title,satisfactory to the Secretary,to the landing area of the airport or site thereof, or will give
assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor,it holds good title
satisfactory tc the Secretary to that portion of the property upon which Federal funds will be expended or will
give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary
to perform any or all of the terms,conditions,and assurances in the grant agreement without the written
approval of the Secretary,and will act promptly to acquire,extinguish or modify any outstanding rights or claims
of right of others which would interfere with such performance by the sponsor. This shall be done in a manner
acceptable to the Secretary.
b. It will not sell,lease,encumber or otherwise transfer or dispose of any part of its title or other interests in the
property shown on Exhibit A to this application or,for a noise compatibility program project,that portion of the
property upon which Federal funds have been expended,for the duration of the terms, conditions, and
assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary
to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant
agreement and to have the power, authority,and financial resource s to carry out all such obligations,the
sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make
binding upon the transferee,all of the terms,conditions and assurances contained in this grant agreement.
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October 1, 1990
c. For all noise compatibility program projects which are to be carried out by another unit of local government or
are on property owned by a unit of local government other than the sponsor,it will enter into an agreement with
that government. Except as otherwise specified by the Secretary,that agreement shall obligate that government
to the same terms, conditions,and assurances that would be applicable to it if it applied directly to the FAA for
a grant to undertake the noise compatibility program project. That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is
substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property,it will enter into an
agreement with the owner of that property which includes provisions specified by the Secretary. It will take
steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the
t--rms of the agreement.
e. If the sponsor is a private sponsor,it will take steps satisfactory to the Secretary to ensure that the airport will
continue to function as a public-use airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the
sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and authority to insure that the
airport will be operated and maintained in accordance with the Airport and Airway Improvement Act of 1982,
the regulations and the terms,conditions, and assurances in the grant agreement and shall insure that such
arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans(existing at the time of submission of this
application) of public agencies that are authorized by the State in which the project is located to plan for the development
of the area surrounding the airport. For noise compatibility program projects,other than land acquisition,to be carried out
on property not owned by the airport and over which property another public agency has land use control or authority,the
sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project is
reasonably consistent with the agency's plan regarding the property.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near which the project
may be located.
8. Consultation with Users. In making a decision to undertake any airport development project under the Airport and Airway
Improvement Act of 1982,it has undertaken reasonable consultations with affected parties using the airport at which
project is proposed.
9. Public Hearings. In projects involving the location of an airport,an airport runway,or a major runway extension,it has
afforded the opportunity for public hearings for the purpose of considering the economic,social,and environmental effects
of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by
the community. It shall,when requested by the Secretary,submit a copy of the transcript of such hearings to the
Secretary.
10. Air and Water Quality Standards. In projects involving airport location,a major runway extension, or runway location it
will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the
project will be located,designed,constructed,and operated so as to comply with applicable air and water quality standards.
In any case where such standards have not been approved and where applicable air and water quality standards have been
promulgated by the Administrator of the Environmental Protection Agency,certification shall be obtained from such
Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application
has been received by the Secretary.
11. Local Approval. In projects involving the construction or extension of any runway at any general aviation airport located
astride a line separating two counties within a single state,it has received approval for the project from the governing body
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October 1, 1990
of all villages incorporated under the laws of that state which are located entirely within rive miles of the nearest boundary
of the airport.
12. Terminal Development Prerequisites. For projects which include terminal development at a public airport,it has,on the
date of submittal of the project grant application,all the safety equipment required for certification of such airport under
section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and has
provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning area
of such airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft.
13. Accounting System,Audit,and Recordkeeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of
the proceeds of the grant,the total cost of the project in connection with which the grant is give n or used, and
the amount and nature of that portion of the cost of the project supplied by other sources,and such other
financial records pertinent to the project. The accounts and records shall be kept in accordance with an
accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States,or any of their duly
authorized representatives,for Elie purpose of audit and examination,any books,documents,papers,and records
of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be
conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor
relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant
was given or used,it shall file a certified copy of such audit with the Comptroller General of the United States
not later than 6 months following the close of the fiscal year for which the audit was made.
14. Minimum Wage Rates. It shall include,in all contracts in excess of$2,000 for work on any projects funded under the
grant agreement which involve labor,provisions establishing minimum rates of wages,to be predetermined by the Secretary
of Labor, in accordance with the Davis-Satan Act,as amended (40 U.S.C. 276a--276a-5),which contractors shall pay to
skilled and unskilled labor,and such minimum rates shall be stated in the invitation for bids and shall be included in
proposals or bids for the work.
15. Veterans Preference. It shall include,in all contracts for work on any projects funded under the grant agreement which
involve labor,such provisions as are necessary to insure that,in the employment of labor(except in exgcutive,
administrative, and supervisory positions),preference shall be given to veterans of the Vietnam era and disabled veterans as
defined in Section 515(c)(1)and(2)of the Airport and Airway Improvement Act of 1982. However,this preference shall
apply only where the individuals are available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,specifications,and schedules approved
by the Secretary. Such plans,specifications,and schedules shall be submitted to the Secretary prior to commencement of
site preparation,construction,or other performance under this grant agreement,and,upon approval by the Secretary, shall
be incorporated into this grant agreement. Any modifications to the approved plans,specifications, and schedules shall also
be subject to approval by the Secretary and incorporation 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 ensure that the wok conforms with 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
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October 1, 1990
application or with modifications similarly approved.
h. 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. II 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. It will suitably operate and maintain the airport and all facilities thereon or connected therewith,with due regard
to climatic and flood conditions. Any proposal to temporarily close the airport for nonaeronautical purposes must
first be approved by the Secretary. 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.Jt will not cause or
permit any activity or action thereon which would interfere with its use for airport purposes.
In furtherance of this assurance,the sponsor will have in effect at all times arrangements for-
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions,including temporary
conditions;and
(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during
temporary periods when snow,flood or other climatic conditions interfere with such operation and
maintenance. Further,nothing,herein shall be construed as requiring the maintenance,repair,restoration, or
replacement of any structure oir facility which is substantially damaged or destroyed due to an act of God or
other condition or circumstance beyond the control of the sponsor.
b. It will suitable operate and maintain noise compatibility program items that it owns or controls upon which
Federal funds have been expended.
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October 1, 1990
20. Hazard Removal and IGlitigation. It will take appropriate action to assure that such terminal airspace as is required to
protect instrument and visual operations to the airport (including established minimum flight altitudes)will be adequately
cleared and protected by removing,lowering,relocating,marking,or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate-action,including the adoption of zoning laws,to the extent reasonable,to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with
normal airport operations,including landing and takeoff of aircraft. In addition,if the project is for noise compatibility
program implementation,it will not cause or permit any change in land use,within its jurisdiction,that will reduce the
compatibility,with respect to the airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make its airport available as an airport for public use on fair and reasonable terms and without unjust
discrimination,to all types,kinds, and classes of aeronautical uses.
b. In any agreement,contract,lease or other arrangement under which a right or privilege at the airport is granted
to any person,Firm,or corporation to conduct or engage in any aeronautical activity for furnishing services to
the public at the airport,the sponsor will insert and enforce provisions requiring the contractor to:
(1) furnish said services on a fair,equal,and not unjustly discriminatory basis to all users thereof, and
(2) charge fair,reasonable, and not unjustly discriminatory prices for each unit or service, provided, that
the contractor may be allowed to make reasonable and nondiscriminatory discounts,rebates,or other
similar types of price reductions to volume purchasers.
c. Each fixed-based operator at any airport owned by the sponsor 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.
e. Each air carrier using such airport (whether as a tenant,nontenant,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 which utilize
similar facilities,subject to reasonable classifications such as tenants or nontenants and signatory carriers and
nonsignatory 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 classifications 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 contractors
or concessionaires of the sponsor under these provisions.
It. The sponsor may establish such fair,equal,and not unjustly discriminatory conditions to be met by all users of
Page 7
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October 1, 1990
the airport as)nay 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 persons providing,or intending to
provide,aeronautical services to the public. For purposes of this paragraph, the providing of 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,or at any other airport now owned or controlled by it,to conduct any aeronautical
activities, including,but not limited to charter flights,pilot training,aircraft rental and sightseeing, aerial photography,
crop dusting,aerial advertising and surveying,air carrier operations,aircraft sales and services,sale of aviation
petroleum products whether or not conducted in conjunction with other aeronautical activity,repair and maintenance of
aircraft,sale of aircraft parts,and any other activities which because of their direct relationship to the operation of
aircraft can be regarded as an aeronautical activity,and that it will terminate any exclusive right to conduct an
aeronautical activity now existing at such an airport before the grant of any assistance under the Airport and Airway
Improvement Act of 1982.
24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurance 22 and 23,for the facilities
and services being provided the airport users which will make the airport as self-sustaining as possible under the
circumstances existing at the particular airport,taking into account such factors as the volume of traffic and economy of
collection. No part of the Federal share of an airport development,airport planning or noise compatibility project for
which a grant is made under the Airport and Airway Improvement Act of 1982 or the Airport and Airway Development
Act of 1970 shall be included in the rate base in establishing fees,rates,and charges for users of that airport.
25. Airport Revenue. If the airport is under the control of a public agency,all revenues generated by the airport and any local
taxes on aviation fuel established after December 30, 1987,will be expended by it for the capital or operating costs of the
airport;the local airport system;or other local facilities which are owned or operated by the owner or operator of the
airport and directly and substantially related to the actual air transportation of passengers or property;or for noise
mitigation purposes on or off the airport. Provided,however,that if covenants or assurances in debt obligations issued
before September 3, 1982 by the owner or operator of the airport,or provisions enacted before September 3, 1982,in
governing statutes controlling the owner or operator's financing,provide for the use of the revenues from any of airport
owner or operator's facilities,including the airport,to support not only the airport but also the airport owner or operator's
general debt obligations or other facilities,then this limitation on the use of all revenues generated by the airport(and, in
the case of a public airport,local taxes on aviation fuel)shall not apply.
26. Reports and Inspections. It will submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request. For airport development projects,it will also 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. For noise
compatibility program projects,it will also 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 drily authorized agent of the Secretary upon reasonable request.
27. Use of 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
Page 8
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October 1, 1990
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 movements 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 facilities;and(3) the location of all
existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan and
each amendment,revision,or modification thereof,shall be subject to the approval of the Secretary which
approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of
the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or in any
of its facilities which are not in conformity with the airport layout t plan as approved by the Secretary and
which might,in the opinion of the Secretary,adversely affect the safety,utility,or efficiency of the airport.
b. If a change or alteration in the airport or its facilities is made which the Secretary determines adversely affects
the safety,utility,or efficiency of any federally owned,leased,or funded property on or off the airport and
which is not in conformity with the airport layout plan as approved by the Secretary,the owner or operator will,
if requested by the Secretary(1)eliminate such adverse effect in a manner approved by the Secretary;or(2) bear
all costs of relocating such property(or replacement thereof)to a site acceptable to the Secretary and all costs of
restoring such property(or replacement thereof) to the level of safety,utility,efficiency,and cost of operation
existing before the unapproved change in the airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall,on the grounds of race,
creed, color, national origin,sex,age,or handicap be excluded from participating in any activity conduct ed with or
benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal
financial assistance is extended to the program,except where Federal financial assistance is to provide,or is in the form of
personal property or real property or interest therein or structures or improvements thereon,in which case the assurance
obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is
used for a purpose for which Federal financial assistance is extended,or for another purpose involving the provision of
similar services or benefits or(b) the period during which the sponsor retains ownership or possession of the property.
31. Disposal of Land.
Page 9
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October 1, 1990
a. For land purchased under a grant for airport noise compatibility purposes,it will,when the land is no longer
needed forsuch purposes,dispose of such land at fair market value at the earliest practical time. That portion of
the proceeds of such disposition which is proportionate to the united States share of the cost of acquisition of
such land will,at the discretion of the Secretary, (1)be paid to the Secretary for deposit in the Trust Fund,or
(2) be reinvested in an approved noise compatibility project as prescribed by the Secretary.
b. (1) For land purchased under a grant for airport development(other than noise compatibility)purposes,it will,
when the land is no longer needed for airport purposes,dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States proportionate share of the fair market value of
the land. That portion of the proceeds of such disposition which is proportionate to the United States share of
the cost of acquisition of such land will,(a) upon application to the,be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that airport or within the national airport system,
or(b)be paid to the Secretary for deposit in the Trust Fund if no such eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this assurance if(a)it may be needed for
aeronautical purposes(including runway protection zone)or serves as noise buffer land,and(b) 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,wHl be considered
to be needed for airport purposes if the Secretary or the Federal agency making such grant before December 31,
1987,was notified by the operator or owner of the use of such land,did not object to such use,and the land
continues to be used for that purpose,such use having commenced not later than December 15, 1989.
c. Disposition of such land under(a) or(b)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 subcontract 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 July 18. 1990 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 Slate 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
Subparts 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. Drug-Free Workplace. It will provide a drug-free workplace at the site of work specified in the grant application in
accordance with 49 CFR Part 29 by(1)publishing a statement notifying its employees that the unlawful manufacture,
distribution, dispensing,possession or use of a controlled substance is prohibited in the sponsor's workplace and specifying
Page 10
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October 1, 1990
the actions that will be taken against its employees for violation of such prohibition; (2) establishing a drug-frce awareness
program to inform its employees about the dangers of drug abuse in the workplace and available drug counseling,
rehabilitation, and employees assistance programs; (3) notifying the FAA within ten days after receiving notice of an
employee criminal drug statute conviction for a violation occurring in the workplace;and(4)making a good faith effort to
maintain a drug-free workplace.
Page 11
• o
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Effective Date:7.18-90
Number Subject
70/7460-1G Obstruction Marking and Lighting
150/5100-14B Architectural,Engineering and Planning Consultant Services for Airport Grant Projects
CHG 1
150/5200-30 Airport Winter Safety and Operations
CHG 1
150/5210-5B Painting,Marking,and Lighting of Vehicles Used on an Airport
150/5210-713 Aircraft Fire and Rescue Communications
150/5210-14 Airport Fire and Rescue Personnel Protective Clothing
15015210-15 Airport Rescue and Firefighting Station Building Design
150/52204A Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10 Guide Specification for Water/Foam Type Aircraft Fire and Rescue Trucks
CHG 1&2
150/5220-11 Airport Snowblower Specification Guide
150/5220-12 Airport Snowsweeper Specification Guide
150/5220-13A Runway Surface Condition Sensor Specification Guide
150/5220-14A Airport Fire and Rescue Vehicle Specification Guide
150/5220-15 Buildings For Storage and Maintenance of Airport Snow Removal and Ice Control Equipment: A Guide
150/5220-16 Automated Weather Observing Systems for Non-Federal Applications
150/5220-17 Design Standards for an Aircraft Rescue Fire-fighting Training Facilities
150/5300-13 Airport Design
150/5320-5B Airport Drainage
150/5320-6C Airport Pavement Design and Evaluation
CHG 1&2
150/5320-12A Methods for the Design,Construction,and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-14 ,Airport Landscaping for Noise Control Purposes
150/5325-4A Runway Length Requirements for Airport Design
150/5340-1F Marking of Paved Areas on Airports
150/53404C Installation Details for Runway Centerline Touchdown Zone Lighting Systems
CHG 1&2
150/5340-5B Segmented Circle Airport Marker System
CHG I
150/5340-14B Economy Approach Lighting Aids
CHG 1 &2
150/5340-17B Standby Power for Non-FAA Airport Lighting Systems
150/5340-18B Standards for Airport Sign Systems
150/5340-19 Taxiway Centerline Lighting Systems
150/5340-21 Airport Miscellaneous Lighting Visual Aids
150/5340-23B Supplemental Wind Cones
150/5340-24 Runway and Taxiway Edge Lighting System
CHG 1
150/5340-27A Air-to-Ground Radio Control of Airport Lighting Systems
150/5345-3D Specification for L-821 Panels for Remote Control of Airport Lighting
150/5345-5A Circuit Selector Switch
150/5345-7D Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits
CHG 1
150/5345-10E Specification for Constant Current Regulators and Regulator Monitors
150/5345-12C Specification for Airport and Heliport Beacon
Page 1
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CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Effective Date:7-18.90
Number Subject
150/5345-13A Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting
Circuits
150/5345-26B Specification for L-823 Plug and Receptacle,Cable Connectors
CHG 1&2
150/5345-27C Specification for Wind Cone Assemblies
150/5345-28D Precision Approach Path Indicator(PAPI)Systems
150/5345-39B FAA Specification L-853,Runway and Taxiway Centerline Retroreflective Markers
CHG 1
150/5345-42C FAA Specification L-857,Airport Light Bases,Transformer Houses,Junction Boxes,and Accessories
150/5345-43D Specification for Obstruction Lighting Equipment
150/5345-44D Specification for Taxiway and Runway Signs
150/5345-45A Lightweight Approach Light Structure
150/5345-46A Specification for Runway and Taxiway Light Fixtures
150/5345-47A Isolation Transformers for Airport Lighting Systems
150/5345-49A Specification L-854,Radio Control Equipment
15015345-50 Specification for Portable Runway Lights
CHG 1
15015345-51 Specification for Discharge-Type Flasher Equipment
CHG 1
150/5345-52 Geueric Visual Glideslope Indicators(GVGI)
15015360-9 Planning and Design of Airport Terminal Facilities at Non-Hub Locations
150/5360-12 Airport Signing& Graphics
150/5360-13 Planning and Design Guidelines for Airport Terminal Facilities
150/5370-2C Operational Safety on Airports During Construction
150/5370-613 Construction Progress and Inspection Report--Airport Grant Program
150/5370-10A Standards for Specifying Construction of Airports
CHG1
150/5370-11 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
CHG 1
150/5370-12 Onality Control of Construction for Airport Grant Projects
150/5390-2 Heliport Design
Page 2
FAA - AIP 13 - Grant Amend#1
AGREEMENT 2979
U.S. DEPARTMENT OF TRANSPORTATION R17613 7-31-91
FEDERAL AVIATION ADMINISTRATION
Page 1 of 2 Pages
Contract No. DTFA08-91-C20616
Palm Springs Regional Airport
.Palm Springs, California
AMENDMENT NO. 1 TO GRANT AGREEMENT FOR PROJECT NO.AIP 3-06-0181-13
WHEREAS,the Federal Aviation Administration (hereinafter referred to as the "FAA") has determined it be in the
interest of the United Slates that the Grant Agreement between the FAA, acting for and on behalf of the United Slates,
and the City of Palm Springs (hereinafter referred to as the "Sponsor"), accepted by said Sponsor on the 5th day of
May, 1991,to be amended as hereinafter provided.
NOW THEREFORE,WITNESSETH:
That in consideration of the benefits to accrue to the parties hereto, the FAA on behalf of the United States,on the one
part,and the Sponsor, on the other part, do mutually agree as follows:
Delete the airport development described on Page 1 and substitute in lieu thereof the following described
development:
Construct terminal apron south of Taxiway "W-2" (approx. 9,750 S.Y.); reconstruct terminal apron south of
proposed terminal expansion (approx. 8,600 SY); extend fire main and water line around existing terminal
(approx.1,050 LF); extend sanitary sewer main from proposed terminal expansion to existing line and from
existing line to Ramon Road (approx. 3,750 LF); install security access system Phase II; reconstruct center
section of Runway 12/30 (approx.5,500'x 38') including porous friction course.
IN WITNESS,WHEREOF,the parties have caused this Amendment to said Grant Agreement to be duly executed as of
theme_day of �� 1991.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By (� . .12 Lt�iz�=�w�-�-�
Eric B.Vermeeren
Acting Supervisor,Standards Section
Page 2 of 2 Pages
Project No.AIP 3-06-0181-13
Palm Springs Regional Airport
Palm Springs,California
City of Palm Springs
Name of Sponsor)
By
Title /dlflaHaye4'e
(Sea])
Title: Deputy City Clerk
CERTIFICATE OF SPONSOR'S ATTORNEY
L. David Alashira acting as Attorney for the City of Palm Springs
(hereinafter referred to as"Sponsor") do hereby certify:
That I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor
relating thereto, and find that the execution thereof by said Sponsor has been duly authorized and is in all respects due
and proper and in accordance with the laws of the State of California and further that, in my opinion, said Amendment
to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Datedat Palm Springs, Ca. this 3rd. day of September , 1991.
TitleitPv