RESOLUTION NO. 2869

A RESOLUTION of the Port Commission of t he Por t of S e a t t l e authorizing the acceptance of F.A.A. Grant Offer by the execution of a Grant Agreement covering AIP Pro jec t No. 01, dated September 28, 1982, between the Port of Seattle and the Administrator of t he Federal Aviation Administration, United States of America i n connection with the obtaining of Federal a i d i n t h e development of Sea-Tac In te rna t iona l Airport.

WHEREAS, the Port of Seatt le has heretofore submitted a Pro jec t

Application t o the Administrator of the Federal Aviation Administration, dated

September 16, 1981, f o r certain development work a t Sea-Tac In te rna t iona l

Airport; and

WHEREAS, the Port of S e a t t l e has heretofore authorized land

acquis i t ion f o r Extended Clear Zone, including re loca t ion of persons, subject t o

the approval of t h e Administrator of the Federal Aviation Administration and t o

the sharing of cos t s by the United States of America incurred i n accomplishing

such a s i s provided i n the Grant Agreement set f o r t h below; and

WHEREAS, there has been submitted t o the Port of Seattle a Grant

Agreement covering AIP Pro jec t No. 01, dated September 28, 1982, by the Federal

Aviation Administration t o a i d the Port of Seatt le i n the development of Sea-Tac

In te rna t iona l Airport.

N W , THDlEFORE, BE I T RESOLVED by the Port Commission of the Port of

Seattle :

1. That the Port of S e a t t l e s h a l l en te r i n t o the proposed Grant

Agreement f o r the purpose of obtaining Federal a id i n the development of Sea-Tac

In te rna t iona l Airport , and tha t such Agreement i s a t tached hereto, and by t h i s

reference incorporated herein.

2. That the President of the Port Commission be and he i s hereby

authorized and d i rec ted t o execute s a i d proposed Grant Agreement i n

quin tupl ica te on behalf of the Port of Sea t t l e , and t h a t t he Secretary of the

Port Commission be, and he is hereby authorized and d i rec ted t o impress the

o f f i c i a l seal of t he Port of S e a t t l e thereon and t o a t tes t sa id execution.

3. That t h e proposed Grant Agreement re fer red t o herein and dated

September 28, 1982, is attached hereto and made a p a r t of t h i s Resolution.

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ADOPTED by the Port Commission of the Port of Seattle t h i s 28th day B

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of S P ~ ~ ~ K , 1982, and duly authenticated in open session by the

signatures of the Commissioners voting and the seal of the Commission. 1

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Port Commissioners

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DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

GRANT AGREEMENT

P a r t 1 - Offer

Date o f Offer: September 28, 1982

Seattle-Tacoma In te rna t iona l A i rpor t

Pro jec t No. 3-53-0062-01

Contract No. DOT-FA82NM-0020

TO: The Por t of Seattle, Washington

FROM: The United States o f America (ac t ing through the Federal Av iat ion Administration, herein c a l l ed the "FAA")

WHEREAS, the Sponsor has submitted t o the FAA a Pro ject Appl icat ion dated September 15, 1981, f o r a grant o f Federal funds f o r a p ro jec t a t the Seat t le - Tacoma In te rna t iona l A i rpo r t together w i th plans and spec i f i ca t ions f o r such development pro ject , o r the planning work d e f i n i t i o n f o r such Planning Project , which Pro jec t Application, a5 approved by the FAA, i s hereby incorporated herein and made a pa r t hereof; and

WHEREAS, the FAA has approved a p ro jec t f o r the A i rpor t or Planning Area (herein c a l l e d the "Project") cons is t ing o f the fo l lowing:

(herein c a l l ed the "Sponsor")

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Acquire land (property i n t e r e s t sa t is fac to ry t o the Administrator i n Parcels 67, 216, 226, 228-234, 236-239, 240A, 2408, 420, 428-435, 440,

as shown on Exh ib i t *'A''), i nc lud ing re loca t ion o f persons; 444, 448, 625-642, 653A, 666-684, 686A, 687A, 687C, 68713, 687E, 688A,

a l l as more p a r t i c u l a r l y described i n the Pro ject Application.

FAA Form 5100-37 PG 1 (8-82)

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NOW THEREFORE, pursuant t o and for the purpose o f carry ing out the prov is ions o f the A i rpor t and Ai rway Improvement Act o f 1982, herein ca l led the "Act," and i n consideration o f (a) the Sponsor's adoption and r a t i f i c a t i o n o f the representations and assurances contained i n said Pro ject Appl icat ion and i t s acceptance o f t h i s Offer as here ina f te r provided, and (b) the benef i t s t o accrue t o the United States and the pub l ic from the accomplishment o f the Pro jec t and compliance w i t h the assurances and condi t ions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES t o pay, as the United States share o f the allowable costs incurred i n accomplishing the project , 80 per centum o f a l l allowable p ro jec t costs.

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. This Of fe r i s made on and subject t o the fo l lowing terms and condi t ions:

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Standard Conditions

The maximum ob l iga t ion o f t he Uni ted States payable under t h i s offer sha l l be $4,624,606.00 which i s comprised o f :

$ -0- $ -0- $ 4,624,606.00

f o r planning f o r development other than land f o r land acqu is i t ion

The al lowable costs o f the pro jec t shal l not include any costs determined by the FAA t o be i n e l i g i b l e f o r consideration as t o a1 lowabi 1 i t y under the Act.

Payment o f the United States share o f the allowable p ro jec t costs w i l l be made pursuant t o and i n accordance w i th the prov is ions o f such regulat ions and procedures as the Secretary sha l l prescribe. Final determination o f the Uni ted States share w i l l be based upon the f i n a l aud i t o f the t o t a l amount o f allowable p ro jec t costs and settlement w i l l be made f o r any upward or downward adjustments t o the Federal share o f costs.

The sponsor sha l l comply w i th the A i rpor t and Airway Improvement Act o f 1982 and sha l l c a r r y out and complete the Pro ject wi thout undue delays and i n accordance w i th the terms hereof, and such regulat ions and procedures as the Secretary shal l prescr ibe and agrees t o f u l l y comply w i th the P a r t V Assurances which are attached t o and become a par t o f t h i s o f fer .

The FAA reserves the r i g h t t o amend or withdraw t h i s o f f e r a t any time p r i o r t o i t s acceptance by the sponsor.

This o f fe r sha l l exp i re and the United States sha l l not be obl igated t o pay any par t o f the costs o f the pro ject unless t h i s o f f e r has been accepted by the sponsor on or before September 30, 1982, or such subsequent date as may be prescribed i n w r i t i n g by the FAA.

FAA Form 5100-37 PG 2 (8-82)

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Special Conditions

7. It i s understood and agreed between the par t ies hereto t h a t the Par t V Assurances attached t o t h i s Of fe r i s t o be subs t i tu ted f o r the P a r t V Assurances submitted w i t h the Pro jec t Application.

It i s understood and agreed between the pa r t i es hereto that the Pro jec t Appl icat ion and associated documents are hereby amended by de le t ing reference t o ADAP Pro ject No. 6-53-0062-22, and subs t i t u t i ng A I P Pro jec t No.

The fo l low ing special assurances are added t o P a r t V Assurances attached t o t h i s o f f e r :

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3-53-0062-01. .

33. The Federal Government does not now plan or contemplate the const ruct ion o f any s t ructures pursuant t o paragraph 15 o f P a r t V, Assurances, o f the app l ica t ion dated September 15, 1981, and therefore i t i s understood and agreed t h a t the sponsor i s under no ob l i ga t i on t o fu rn ish any new areas o r new r i g h t s without cost t o the Federal Government under t h i s grant agreement. However, i t i s agreed and understood t h a t the r i g h t s o f t he Uni ted States t o cost f ree areas obtained under unexpired grant agreements w i t h the sponsor are extended f o r twenty years from the date of t h i s grant agreement, Furthermore, the r e s p o n s i b i l i t y f o r paying the cost o f re loca t ing any f a c i l i t i e s located i n such cost f ree areas sha l l be made i n accordance w i th Advisory C i r c u l a r 150/5300-78, FAA Pol i c y o f Faci 1 i ty Relocations Occasioned by A i r p o r t Improvements o r Changes.

It i s understood and agreed by and between the par t ies hereto tha t a l l acqu is i t ion o f rea l property under t h i s p ro jec t w i l l be i n accordance w i t h the Uniform Relocation Assistance and Real Property Acquis i t ion Po l i c ies Act o f 1970 as spec i f ied i n the Sponsor's Assurance dated September 15, 1981.

By i t s acceptance hereof the sponsor covenants and agrees tha t i t w i l l c l e a r Parcels 67, 216, 226, 22 -234, 236-239, 240A, 2408, 420, 428-435,

as shown on Exh ib i t "A" o f any e x i s t i n g s t ructures p r i o r t o f i n a l payment under the pro jec t and tha t it w i l l not erect nor permit the erect ion of any permanent s t ructures there in except those required f o r aids t o a i r navigat ion or those which may be s p e c i f i c a l l y approved by the FAA.

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440, 444, 448, 625-642, 653A, 1 66-684, 686A, 687A, 687C, 687D, 687E. 688A

FAA Form 5100-37 PG 3 (8-82)

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The Sponsor's acceptance o f t h i s O f f e r and r a t i f i c a t i o n and adoption o f the Pro ject Appl icat ion incorporated herein shal l be evidenced by execution o f t h i s instrument by the Sponsor, as here ina f te r provided, and sa id Of fe r and Acceptance shal l comprise a Grant Agreement, as provided by the A i rpo r t and Airway Improvement Act o f 1982, cons t i t u t i ng the ob l iga t ions and r i g h t s o f the United States and the Sponsor with respect t o the accomplishment o f the Pro jec t and compliance with the assurances and condi t ions as provided herein. Such Grant Agreement sha l l become e f f e c t i v e upon the Sponsor's acceptance o f t h i s Offer.

UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION

P a r t I 1 - Acceptance - The Sponsor does hereby r a t i f y and adopt a l l statements, representations, warranties, covenants, and agreements contained i n the Pro ject Appl icat ion and incorporated mater ia ls re fe r red t o i n the foregoing Of fe r and does hereby accept sa id Of fe r and by such acceptance agrees t o a l l o f the terms and condi t ions thereof.

Executed t h i s day o f , 19 . The Port o f Seattle, Washington

(Name o f Sponsor)

By.............................

Title............................. (SEAL)

Attest : ............................. T i t l e : ............................. CERTIFICATE OF SPONSOR'S ATTORNEY

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by sa id Sponsor r e l a t i n g thereto, and f i n d t h a t the Acceptance thereof by said Sponsor has been duly authorized and tha t the execution thereof i s i n a l l respects due and proper and i n accordance with the laws o f the State o f Washington and the Act and f u r t h e r that, i n my opinion, sa id Grant Agreement cons t i tu tes a legal and b ind ing ob l iga t ion o f the Sponsor i n accordance w i th the terms thereof.

, act ing as Attorney fo r the Sponsor do hereby c e r t i f y :

That I have examined the foregoing Grant Agreement and the proceedings taken

Dated a t t h i s day o f 19 . .......................... Title.....................

FAA Form 5100-37 PG 4 (8-82)

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These lssurances are to be attached to and becow a part of this grmt qreement . For a i rpo r t development prodects, these assurances 8h8ll remain in fu l l force and e f f ec t throughout the useful l ife of t h e facilities developed under t h i s Project, but in any w e n t not to exceed twenty (20) years from the date of Mid acceptance of an offer of Federal a id for the Project. However, these limitations on the duration of the aovenants do not 8pply t o the covenant again& ~ c l u s i v e rights and real property acquired with Federal funds.

For planning P ro$!cts, only assurances no. 1 (as marked), 2, 3, 4, 16, 25, 26, 30, 31, and 32 appply, unless O the r~ l8e specified i n the grant agreement . me sponsor hereby MsuI.08 and Wrtlffes, with respect t o th i s grant that:

1. General Federal Requ'irements. It all oomply with tho following laws, regulations, policies, guidelines and requirements M they rol8te t o the application, aoceptance and use of Federal funds fo r t h i s project:

Federal Leaislation

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Federal Aviation Aot of 1958 Hatch A& Federal Fair Labor Standuds Act Davis-Bacon Aot Uniform Relooation Assistance and Real Property

Acquisition Po l i c i e s Aot of 1970 - Titles 11 and IS1 Nation81 Historio Preservation Act of 1966 - Section 106 Aroheological and H 1 8 t O r l c Preservation Act of 1966 ?food Disaster Protootion Lot of I973 - Section 102(a) Rehabili tation Act of 1978 - Section 504, Section 503 Civil Rights Act O f 1964 - T i t l e V I Aviation Safety and Noise Abatement Act of 1979 Age b l8or ldMt lOn Act O f 1975 Architectural Barriers Aat of 1968 Vietnam Era Veterans' ReadJustment Assistance Act

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of 1974 - Sootion 402 Airport md Airway Improvement Act of

Federal Remlation

a. 49 CFR Part 21 - Nondlscrimlnation i n of the Department of Transportation - of the Civil Rights Act of 1964.

1982

Federally-Assisted Programs Effectuation of T i t l e V I

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FAA F o ~ 5100-100 (8-82)

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b. 49 CFR P a r t 23 - Par t i c ipa t ion by Ulnority Business Enterpr ise in Department of Transportat ion Programs.

0. 49 CFR P a r t 27 - lon-Discrimination on the Basis of Handicap i n Programs and A c t i v i t i e s Receiving or Benef i t t i ng froe Federal Financial Assistanoc.

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* d. 41 CFR Part 60 - O f f l e e of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal md Federally-assisted COnt r tkCt lng Requirements, IaClUludlng those Relating to Diaabled Veterans and Veterurs of the Vietnam Era &d Handicapped Workera) .

e. 14 CFR Part 150 - Alrport lioise Caqpat ib i l i ty Planning.

Office of Management and Budget Circulars

a. A-95 -Evaluat ion, Review and Coordination of Federal md Federally Aasisted Programs and Projects.

b. A-102 - Uniform ReqUlPement8 for Assistance t o State and Local Goverments. 0

c. P H C - 7 4 4 - Cost Pr inc ip l e s Applicable t o Grants and Contracts with State and L o c a l Govcrments.

Executive Orders

a. Assisted Contracting.

b. 11593 - H i 8 t O P i C Presemtion. c. d.

11246 - Equal Employment Opportunity i n Federal and Federal ly

11288 - Prevention, Control and Abatement of Water Pol lut ion. 11926 - Evaluation of Flood Hazards.

Specific assurances required t o be included i n gran t yroaments by m y of the above are incorporated by reference in t h i s grant egreement. Item marked Vith (9) apply t o both development and plannlng mants .

2. Consistency with Local Plans. The project is reasonably oonais tent with plana (existing a t the tlme of approval of the project) of public agencies authorized looated t o plan for the dev lopment of the area surrounding the 8lrport urd w i l l oont r ibu te t o the acoo~zplishment of the purposes of the Act.

port ion of the project costs which are not t o be paid by t h e United States and s u f f i c i e n t funds t o assure operat ion and maintenance Of the f a c i l i t y for the purposes constructed.

the State in which such airport is F

3. Sponsor Fund Avai labi l i ty . It has s u f f i c i e n t h d s available for that

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. FAA F o ~ 5100-100 (8-82)

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Authority o? Svonsor. It bas legal 8uthority t o apply for the grant, Urd to finance and construct the proposed facilities; tha t 8 resolution, motion, or similar ac t ion has been duly 8dopted or passed M 8n

of the application, lncluding a l l understandings 8nd msswmces pontained therein, md directing and 8uthorizing the person identified 8s the official representative of the applicant t o act i n oonnection with the 8pplication .nd to provide such 8dditional information w m y be required.

Good T i t l e t o Airport. Secretary, t o the landing area of the drport or site therefor, or will e v e ~ s u r a n c e satisfactory t o the Secretary that good t i t l e wi l l be 8oqUired . Consideration of Local Interest. It has given fair consider8tion t o the in t e re s t of communities i n or near which the project m y be located.

Public Hearings. I n projects l.nvolving the location of ui .irport, an a i rpo r t runway, or aaajor runway extension, it haa 8fforded the opportunity for public hearings for the purpose of oorwldering the economici social , and environmental effects of the airport or runway location and its consistency with the goals 8nd objectives of such planning 8s has been carried out by the community md shall, when requested by the Secretary, submit 8 copy of the t r m s c r i p t t o the Secretary.

A i r and Water- Quality Standards. I n projects involving a i rpo r t location, 8 major runway extension, or runway location it wil l provide for the Governor of the s t a t e i n which the project Is located t o certify i n writ ing t o the Secret8ry that the project will be located, designed, oonstructed, urd operated 80 aa t o oomply with app l i t sb l e air and water qual i ty standards. I n my case where 8UCh standards h8ve not been approved and where applicable 81r 8nd -tar qua l i ty standards h8ve been promulgated by the Administrator of the Environmental Protection Agency, cer t i f ica t ion shall be obtained from such Administrator. certify shall be provided within s ix ty days 8fter the project 8pplication bas been received by the Secretlry.

Economic Nondiscrimination. It wil l make its 8irport 8vailable a8 M airport for public use on fair and reasonable terms 8nd without unjust discrimlnatlon, t o 8ll types, kinds, m d classes of 8eronautlcal uses including the requirement that (A) each air orrrrier using such 8 i rpo r t (whether as a tenant, Dontenant, or subtenant of another alr carrier tenant) s h a l l be subject t o such

Offici81 8 C t O f the 8ppliO8nt'8 gOVe&ng body, '8uthorizing the fUw

It holds good titlc,.8atisfactory to t h e

Notice of cer t i f ica t ion or r e fusa l t o

P M Form 5100-100 (8-82)

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nondiscriminatory and substantially comparable rates, fees, lYllt818, and other charges and such nondiscriminatory and subs t an t i a ly cmparrble rules, regulations, and oOnditloM a8 are applimble t o a11 such a i r CWriePs which make similar me of such airpofi .ad which u t i l i z e similar facilities, crubject t o r8a80nabfe c iasa i f imt ions euch as tenants or mntenant8, and oombined passenger and -80 flights or a l l oargo nights, and such classificiation or s t a t u s M tmmt

*shall not be unreasonably withheld by any airport pravided rn air oarrier aesumes ObligatioM substantially similar t o those a l l w d y imposed on tenant air oarriers, urd (B) each fixed-based operator a t any a i rpo r t shall be subject t o the same kates, fees, rentals, urd other charges as are uniformly applicable t o all other fixed-based operators making the same or slmllar wes of such airport uti l izing t h e same or s i m i l a r f a c i l i t i e s , and (C) each air carrier using such airport shall have the rlRht t o service itself or t o use my fixed-bast operator that is authorized by the a i rpor t or permitted by the airport t o serve any air carrier 8t such airport, and (D) that in my agreement, contract , lease or other arrangement under uhlub r igh t or privilege at, the airport is p a n t e d to my person, firm, or oorporation t o oonduct or q a g e i n any aeronautioal ac t iv i ty for furnishing services t o the public a t the alrport, the rponsor w i l l h e r t and enforce provisions requi r ing the eontractor-

(1) t o f’urnish said services on a fair, equal, and not unjustly discriminatory basis t o all wers thereof, and

(2) t o oharge fair, reasonable, and not un jus t ly discriminatory prioes for each uni t or 8 O r V l O e ; provided, tha t the contractor MY be allawed t o make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions t o volume prrohasers.

(E) lhrt it wi l l not exercise or grant any right or privilege which operates to prevent any person, fim, or corporation operating aircraft on the airport from P W f O F m l n g any servioes on its am aircraft with its own employced (including, bu t not limited t o maintenance and repair) t h a t It m P choose t o perform, md (F) i n the event the sponsor itself exercises any of the rights and privileges referred t o i n t h i s assurance, the servioes involved w i l l be provided on the same conditions as would apply t o the furnishing of such services by contractors or ooncessionaires of the sponeor under these provls~OM.

io. Exclusive Rights. It wi l l p e d t axclusive right for the use of the a i rpo r t by any persons providing, or intending t o provide, aeronautical services to the plblic. the providing of services a t an a i rpor t by a single fixed-based operator s h a l l not be construed as an exclusive r ight if both of the following apply: (1) It would be unreasonably costly, bprdensome,

?Or purposes of t h i s paragraph,

P M F o ~ 5100-100 (8-82)

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or impractical for more than one fixed-based operator t o provide bueh services, and (2) t o provide such services would require the reduction of space leased pursuant t o an exlstlng agreement between such single fixed-based operator and such airport.

If allowing more than one fixed-based operator

Airport Operation ana nalntenance. maintain the airDort and a l l fthclllties thereon or connected therewith.

It will t4uitably operate and

with due regard t o climatic and flood conditions. r

Hazard Removal and Hitigatlon. t h e acr la l approaches to - the airport by removing, lovering, relocating, markln(t, or l i g h t i n g or otherwise mitigating existing airport hazards and by preventing the establishment or creation of f'utore airport hazards.

It w i l l adequately clear and protect

Compatible Land Use. It w l l l take appropriate action, including t h e adoption of zoning laws, to the extent reasonable, t o restriot the use of land adjacent t o or i n the immediate v l c l n l t y of t h e airpart to a c t l v l t i e ~ and piposes compatible w i t h normal airport operations, inc lud ing landing and takeoff of aircraft.

Use by Government Aircraft. faci l i t ies of t h e airport developed with Federal flnanclal assistance and a l l those usable fo r landing and t8kcorr of a i r c ra f t t o the United States for w e by Government a i rc raf t i n aomon with other aircraft a t a l l times without ohmrgc, OXCOpt, If the me by Oovernment a i rc raf t is subs tan t ia l , oharge may be made for a reasonable share, proportional to such use, for the cost of operating and maintainin8 the f a c i l i t i e s used. Unless otherwise determined by the Secretary, or otherwise agreed t o by t h e sponsor and the u s i q ? agency, subatantial we of mn airport by govern~ent a i r c ra f t wi l l be considered t o exist when operations o f such miroraft a re i n excess of those which, i n the opinion of t h e Secretary, would unduly interfere with use of the landing areas by other ruthorlztd ai rcraf t , or dur ing any calendar month that--

It w i l l make available a l l of the

a. Five (5) or more government a i r c ra f t are regularly h s e e at the airport or on land adjacent thereto; or

b. The to ta l number of movements (oounting each l and ing as a movement) of 8overment a i rc raf t 1s 300 or more, or t h e gross accumulative weight of goverment a i r c ra f t using the airport ( the to ta l aovements of government aircraft m u l t i p l i e d by gross weights of such a i rc raf t ) 1s i n excess or five million pounds

Land lor Federal Faci l i t ies . It w i l l furnish without cost to the redera1 Government for construction, operation and maintenance of

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facilities for, and uses in connection with, any air traffic oontrol 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 at Federal expense of space or facilities for such purposes. Such are- or any portion thereof will be made available as provided herein within four months after receipt of written requests from the Secretary. . Standard Accounting Systems. records in acuordance With a standard system of accounting prescribed

It Will keep all project accounts and

by the Secretary.

Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services being provided the airport users which will make the airport as self-sustaining as. possible under the circumstances existlng at that particular airport, taking into account such factors a8 the volume of traffic and economy of collection, except that no part of the Federal share of an airport development or airport planning project for which a grant is made under this title or under the Federal Airport Act 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.

Reports and Inspections. or special airport financial and operations reports as the Secretary may reasonably request and will make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and m e agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request.

Airport Revenue. It will expend all revenues generated by the airport, if it is a public airport, for the capital or operating costs of the airport, the local airport system, or other local facilities which are owned or operated by the m e r or operator of the airport and directly related to the actual transportation of passengers or property: Provided, however, that if oovenants or assurances in debt obligations previously issued by the m e r or operator of the airport, or provisions in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport m e r 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 other revenues generated by the airport shall not apply.

It will submit to the Secretary such annual

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20. Consultation with Users. In making a decision to undertake any airport development project under this title, it shall undertake reasonable consultations with affected parties using the airport 8t which the project is proposed.

21. Terminal Development Prerequisites. For projects which include .terminal development, 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 rmch airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft.

22. Construction Inspection and Approval. It shall subject the construction work on any project for airport development contained in an approved project grant application to inspection and approval by the Secretary before the project is advertised 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 sponsora of such project M the Secretary shall deem necessary.

23. Minimum Wage Rates. It will include, in all contracts in excess of $2,000 for work on projects for airport development approved under this title which involve labor, proviaions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (20 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.

24. Veterans Preference. It shall include, in all contracts for work under project-grants for airport development which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, Administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(l) and (2) of the Act. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.

25. Audits and Recordkeeping Requirements. It shall keep such records a8 the Secretary may prescribe, including records which fully disclose the amount and the disposition by the recipient of the proceeds of the grant, the total cost of the plan or program in oonnection with which the grant is given or used, and the amount

FAA Form 5100-100 (8-82)

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26 .

27

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and nature of t h a t portion of the cost of the plan or p r o g r d supplied by other sources, and such other records a8 wil l facilitate an ef fec t ive audi t and it 8hal l make available t o the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, fo r the purpose of audi t and examination, any books, documents, papers, and records of the recipient that are pertinent t o grants received under t h i s t i t le . The Secretary may require that an appropriate audit be oonducted by a recipient.

Audit Reports. of t h e accounts of a sponsor re la t ing to the disposit ion of the proceeds of a grant or relating t o the p l h or program i n connection with which the grant was given or used, It s h a l l f i l e a certified copy of such audi t v i t h t h e Comptroller General of the United States not later than s ix months following the c lose of the fiscal year for which the a u d i t was made.

Local Approval. I n projects involving the construction or extension of any runway at any general aviation a i rpo r t located astride a l i n e separating two counties Within a single state, It has received approval for t he project from the governing body of all villages incorporated under the laws of that state which are located en t i r e ly wlthln f i v e miles of the nearest boundary of the airport .

C i v i l Rights. It wil l comply with such ru l e s as are promulgated t o assure tha t no person shall, on the grounds of race, orbed, aolor, national origin, bex, we, or handicap be excluded from part ia ipat ing i n any a c t i v i t y conducted with or benefi t t ing from funds received from t h i s grant.

Airport Layout Plan. layout plan of t h e a i rpo r t showing (1) boundaries of t h e a i rpor t and a l l proposed add i t ions thereto, together wi th t he boundaries of a11 offsite areas awned or controlled by the sponsor f o r airport purposes and proposed additions thereto: (2) t he location and nature of a l l existing and proposed a i rpor t f a c i l i t i e s and s t ruc tures (such as runways , taxiways, aprons , terminal bu i ld ings , hangars and roads) , including a l l proposed extensions and reductions of ex is t ing a i rpor t facllities; and (3) t h e location of a l l ex is t ing and propoaed nonaviation areas and of a l l existing Improvements thereon. Such a i rpo r t layout plan and each amendment, revision, or modification thereof, shall be subject t o the approval of t h e Secretary which approval s h a l l be evidenced by the signature of a duly authorized representative of the Secretary on the face of t h e a i rpo r t layout plan. ln the airport or i n any of i t a facilities other than i n conformity with t he a i rpor t layout plan as so approved by the Secretary If such changes or a l t e ra t ions might adversely affect the safety, u t i l i t y , or efficiency of the airport .

I n any case i n which an Independent audi t is made

,

It W i l l keep up t o date a t a l l times an airport

The sponsor w i l l not make or permit any changes or a l te ra t ions

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FAA Form 5100-100 (8-82)

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30. Preserving Airport Rights and Powers. t r amac t ion which would operate t o iteprive it of any of the rights M d powers necessary t o perform any or al l of the ~ s u r a n c e s herein without the writ ten approval of the Secretary, and w i l l act t o acquire, extinguish or modify any outstanding rights or olaims of

, right of others which would in te refere wi th such performance by the sponsor. This s h a l l be done i n a manner acceptable t o the Secretary.

It W i l l not enter i n to any

31. Construction Accomplishment. It W i l l exeoute the project i n accordance with plans, specifications, and schedules as approved by the Secretary, and incorporated herein, or with modifications s imi l a r ly approved, and w i l l provide and maintain oompetent technical supervision at the construction site t o assure t h a t completed work conforms With t h e approved plans and specifications. .

32. Planning Projects. I n carrying out planning projects, that:

a.

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d.

e.

1.

It W i l l furnish .the Secretary with such periodic reports IW requi red pertaining t o the planning project and planning work ac t iv i t i e s .

It W i l l include i n a l l published material prepared i n connection with the planning project a not ice tha t the material was prepared under a planning grant provided by the Secretary.

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It vi11 make such material avai lable for examination by the public, Md agrees that no material prepared wi th funds under t h i s project s h a l l be subject t o copyright i n the United States or any other oountry.

It w i l l give the Secretary unrestricted authority t o publish, disclose, d i s t r ibu te , and othervim use any of the material prepared i n connection with t h i s grant.

It W i l l grant the the Secre k a r y the r igh t t o disapprove the Spomor*s employment of spec i f ic consultants and t h e i r subcontractors t o do a l l or any part of t h i s project M well as the right t o disapprove the proposed scope and cost of professional services.

It W i l l grant the Secretary the r i g h t t o disapprove the w e of the sponsor's employees t o do a l l or any part of the project.

It understands and agrees that the Secretary approval of t h i s project grant or the Secretary approval of any planning material developed as part of t h i s grant does not cons t i tu te or imply any assurance or committment on the part of the Secretary. t o approve any pending or fu ture application for a Federal a i rpo r t grant.

FAA Form 5100-100 (8-82)

10. . ADDENDUM TO PART V ASSURANCES

The following text is added to the assurances as numbered: I

Add to Assurance 1. General Federal Requirements, under

Federal Legislation:

"p. Powerplant and Industrial Fuel Use Act of 1978 - Section 903." Add 'to Assurance 9 . Economic Nondiscrimination:

"Provided, that the Sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be aet by all users of the airport as may be necessary for the safe and efficient operation of the airport; and Provided Further, That the sponsor may pro- hibit 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 publicon

Add to Assurance 10. Exclusive Rights:

"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 oontrolled by it, to uonduct any aeronautical activities, including, but not limited to uharter flights, pilot training, aircraft rental and sightseeing, aerial photography, orop dusting, aerial 8dvertising and surveying, .air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not oonduoted in uonjunction with other aeronautical activity, repair and maintenance of aircraft, sale aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft ean be regarded as an aeronautical activity, and that it will ter- minate any exclusive right to oonduct an aeronautical activitg now existing at such an airport before the grant of any assistance under the Airport and Airway Improvement Aut."

Add to Assurance 11. Airport Operation and Maintenance:

will operate and maintain in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by the applicable Federal, State and local agencies for maintenance and operation, the airport and all facilities which are necessary to aerve the aeronautical users of the airport other than faCilities awned and controlled by the United States, and will not permit any activity thereon which would interfere with its use for airport purposes; provided, that nothing contained herein shall be construed to require that the airport be operated for

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I aeronautical uses during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance; And Provided Further, That nothina herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. In furtherance of this covenant, the sponsor will have in effect at all times arrangements for--

a. Operating the airport's aeronautical facilities whenever required ; .

b. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and

C. Promptly notifying airmen of any condition affecting aeronautical use of the airport.

Add to Assurance 30. Preserving Airport RiRhts and Powers.

Y t wlll not dispose of or encumber its title or other interests In the site and facilities during the period of Federal interest or while the Government holds bonds, whichever 1s the longer. obligation to perform all such covenants may be assumed by another public agency found by the Secretary to be eligible under the Act to assume such obligations and having the power, authority, and financial resources to carry out all such obligations. arrangement is made for management or operation of the airport by any auency or person other than the sponsor or an employee of the aponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with the Act, the regulations and these covenants.

The

If an

Delete from Assurance 22. Construction Inspection and Approval.

... before the project is a vertised ... U 4

"

FAA Form 5100-100 (8-82)

OF SEATTLE P.O. BOX 1209 SEATTLE. WASHINGTON 981 11

September 20, 1982

Mr. Jack S. Block, President Port of Seattle Conmission P. 0. Box 1209 Seattle, Washington 98111

Dear Mr. Block:

I will be unable to attend the Port Commission meeting on September 28, 1982. I consent to placing on second reading and final passage, resolutions brought before said meeting dealing with the following subjects: F.A.A. Grant Offer and Agreement (Sea-Tac International Airport) and surplus of personal property.

Please enter this consent into the official minutes of the meeting . Sincerely,

Merle D. Adlum Port Commissioner