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<br />5. ANY MISREPRESENTATION OR OMISSION OF A MATERIAL FACT BY THE
<br />SPONSOR CONCERNING THE PROJECT OR THE SPONSOR'S AUTHORITY
<br />OR ABILITY TO CARRY OUT THE OBLIGATIONS ASSUMED BY THE SPONSOR
<br />IN ACCEPTING THIS OFFER SHALL TERMINATE THE OBLIGATION OF --
<br />THE UNITED STATES, AND IT IS UNDERSTOOD AND AGREED BY THE
<br />SPONSOR IN ACCEPTING THIS OFFER THAT IF A MATERIAL FACT WAS
<br />BEEN MISREPRESENTED OR OMITTED BY THE SPONSOR, THE ADMINISTRATOR
<br />ON BEHALF OF THE UNITED STATES MAY RECOVER ALL GRANT PAYMENTS
<br />MADE.
<br />6. THE ADMINISTRATOR RESERVES THE RIGHT TO AMEND OR WITHDRAW
<br />THIS OFFER AT ANY TIME PRIOR TO ITS ACCEPTANCE BY THE SPONSOR.
<br />Z. THIS OFFER SHALL EXPIRE AND THE UNITED STATES SHALL NOT BE
<br />OBLIGATED TO PAY ANY OF THE ALLOWABLE COSTS OF THE PROJECT
<br />UNLESS THIS OFFER HAS BEEN ACCEPTED BY THE SPONSOR WITHIN
<br />6O DAYS FROM THE ABOVE DATE OF OFFER OR SUCH LONGER TIME AS
<br />MAY BE PRESCRIBED 8Y THE ADMINISTRATOR IN WRITING.
<br />$. IT IS UNDERSTOOD AND AGREED THAT THE TERMS: "ADMINISTRATOR
<br />OF CIVIL AERONAUTICS", "ADMINISTRATOR", "CIVIL AERONAUTICS
<br />ADMINISTRATION", "DEPARTMENT OF COMMERCE", OR "CAA", WHEREVER
<br />THEY APPEAR IN THIS AGREEMENT, IN THE PROJECT APPLICATION,
<br />PLANS AND SPECIFICATIONS, OR IN ANY OTHER DOCUMENTS CON-
<br />STITUTING A PART OF THIS AGREEMENT, SHALL BE DEEMED TO MEAN
<br />FEDERAL AVIATION AGENCY OR THE ADMINISTRATOR THEREOF, AS
<br />THE CASE MAY BE.
<br />9. IT IS UNDERSTOOD ANO AGREED THAT PARAGRAPH 3, PART III, OF
<br />THE PROJECT APPLICATION, DATED .TUNE 15, 1953, SHALL BE AND
<br />THE SAME HEREBY IS AMENDED BY DELETING THE SECOND LINE THEREOF
<br />READING: "OF THE AIRPORT FORBIDDEN BY SECTION 303 OF THE
<br />CIVIL AERONAUTICS ACT OF 1938, AS AMENDED" AND BY SUBSTITUTING
<br />IN LIEU THEREOF THE WORDS: "OF THE AIRPORT FORBIDDEN BY
<br />SECTION 3O8 OF THE FEDERAL AVIATION ACT OF 1958".
<br />lO. THE SPONSOR COVENANTS, WITH RESPECT TO THE CLEAR ZONES AS
<br />DELINEATED ON THE AIRPORT MASTER PLAN APPROVED SEPTEMBER
<br />5, 1957, BY THE CHIEF, AIRPORTS DIVISION, REGION I, FEDERAL
<br />AVIATION AGENCY, AND ON SUCH MASTER PLAN AS IT MAY BE REVISED
<br />FROM TIME TO TIME, THAT THE SPONSOR WILL MAINTAIN THE LAND
<br />IN SUCH CI EAR ZONES, AS TO WHICH THE SPONSOR HOLDS TITLE
<br />IN FEE SIMPLE, FREE AND CLEAR OF ALL FUTURE STRUCTURES,
<br />EXCEPT THOSE REQUIRED AS AIDS TO AIR NAVIGATION, UNLESS-
<br />APPROVED BY THE ADMINISTRATOR, OR HIS DULY AUTHORIZED REPRESEN-
<br />TATIVE.
<br />THE SPONSOR'S ACCEPTANCE OF THIS OFFER AND RATIFICATION AND
<br />ADOPTION OF THE PROJECT APPLICATION INCORPORATED HEREIN SHALL BE EVIDENCED
<br />BY EXECUTION OF THIS INSTRUMENT BY THE SPONSOR, AS HEREINAFTER PROVIDED,
<br />AND SAID OFFER AND ACCEPTANCE SHALL COMPRISE A GRANT AGREEMENT, AS PROVIDED
<br />BY THE FEDERAL AIRPORT ACT, CONSTITUTING THE OBLIGATIONS AND RIGHTS OF
<br />THE UNITED STATES AND THE SPONSOR WITH RESPECT TO THE ACCOMPLISHMENT OF
<br />THE PROJECT AND THE OPERATION AND MAINTENANCE OF THE AIRPORT. SUCH GRANT
<br />AGREEMENT SHALL BECOME EFFECTIVE UPON THE SPONSOR'S ACCEPTANCE OF THIS
<br />OFFER AND SHALL REMAIN IN .FULL FORCE AND EFFECT THROUGHOUT THE USEFUL
<br />LIFE OF THE FACILITIES DEVELOPED UNDER THE PROJECT BUT IN ANY EVENT NOT
<br />TO EXCEED TWENTY YEARS FROM THE DATE OF SAID ACCEPTANCE.
<br />PART II - ACCEPTANCE
<br />THE CITY OF CHARLOTTESVILLE, VIRGINIA DOES HEREBY RATIFY ANO ADOPT ALL
<br />STATEMENTS, REPRESENTATIONS, WARRANTIES, COVENANTS, AND AGREEMENTS CON-
<br />TAINED IN THE PROJECT APPLICATION AND INCORPORATED MATERIALS REFERRED TO
<br />IN THE FOREGOING OFFER AND DOES HEREBY ACCEPT SAID OFFER AND BY SUCH
<br />ACCEPTANCE AGREES TO ALl OF THE TERMS AND CONDITIONS THEREOF.
<br />EXECUTED THIS 13TH DAY OF AUGUST, 1959.
<br />CITY OF CHARLOTTESVILLE, VIRGINIA
<br />NAME OF PONSOR
<br />(SEAL)
<br />ATTEST: JAS. E. BOWEN, JR. (SIGNED
<br />TITLE: ACTING CLERK OF THE COUNCIL
<br />CERTIFICATE OF SPONSOR'S ATTORNEY
<br />UNITED STATES OF AMERICA
<br />THE ADMINISTRATOR OF CIVIL AERONAUTICS
<br />BYE JOSEPH R. BLATT
<br />REGIONAL ADMINISTRATOR, REGION ONE
<br />FEDERAL AVIATION AGENCY
<br />BY THOMAS J. MICHIE
<br />TITLE MAYOR
<br />(, JOHN S. BATTLE, JR. , ACTING AS ATTORNEY FOR CITY OF
<br />CHARLOTTESVILLE, VIRGINIA (HEREIN REFERRED TO AS "SPONSOR"~ DO HEREBY CERTIFY;
<br />THAT I HAVE EXAMINED THE FOREGOING GRANT AGREEMENT AND THE
<br />PROCEEDINGS TAKEN BY SAID SPONSOR RELATING THERETO, AND FIND THAT THE
<br />ACCEPTANCE THEREOF BY SAID SPONSOR HAS BEEN DULY AUTHORIZED AND THAT THE
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