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3-53-0026-013-2018 <br /> 11 <br />March, 2014 <br />It has legal authority to apply for this grant and to finance and carry out the proposed project <br />and comply with all terms, conditions, and assurances of this grant agreement. It shall <br />designate an official representative and shall in writing direct and authorize that person to file <br />this application, including all understandings and assurances contained therein; to act in <br />connection with this application; and to provide such additional information as may be <br />required. <br />3. Sponsor Fund Availability. <br />It has sufficient funds available for that portion of the project costs which are not to be paid by the <br />United States. It has sufficient funds available to assure operation and maintenance of items <br />funded under this grant agreement which it will own or control. <br />4. Good Title. <br />a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to <br />the landing area of the airport or site thereof, or will give assurance satisfactory to the <br />Secretary that good title will be acquired. <br />b. For noise compatibility program projects to be carried out on the property of the sponsor, it <br />holds good title satisfactory to the Secretary to that portion of the property upon which <br />Federal funds will be expended or will give assurance to the Secretary that good title will be <br />obtained. <br />5. Preserving Rights and Powers. <br />a. It will not take or permit any action which would operate to deprive it of any of the rights and <br />powers necessary to perform any or all of the terms, conditions, and assurances in this grant <br />agreement without the written approval of the Secretary, and will act promptly to acquire, <br />extinguish or modify any outstanding rights or claims of right of others which would interfere <br />with such performance by the sponsor. This shall be done in a manner acceptable to the <br />Secretary. <br />b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other <br />interests in the property shown on Exhibit A to this application or, for a noise compatibility <br />program project, that portion of the property upon which Federal funds have been expended, <br />for the duration of the terms, conditions, and assurances in this grant agreement without <br />approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title <br />49, United States Code, to assume the obligations of this grant agreement and to have the <br />power, authority, and financial resources to carry out all such obligations, the sponsor shall <br />insert in the contract or document transferring or disposing of the sponsor's interest, and <br />make binding upon the transferee all of the terms, conditions, and assurances contained in <br />this grant agreement. <br />c. For all noise compatibility program projects which are to be carried out by another unit of <br />local government or are on property owned by a unit of local government other than the <br />sponsor, it will enter into an agreement with that government. Except as otherwise specified <br />by the Secretary, that agreement shall obligate that government to the same terms, <br />conditions, and assurances that would be applicable to it if it applied directly to the FAA for a <br />grant to undertake the noise compatibility program project. That agreement and changes <br />thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement <br />against the local government if there is substantial non-compliance with the terms of the <br />agreement.