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X56 <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 <br />