Repository: UIHistories Project: Board of Trustees Minutes - 1960 [PAGE 1101]

EXTRACTED TEXT FROM PAGE:

1098

BOARD OF TRUSTEES

[December 16

4. T h e maximum amounts of building space which the Sponsor shall be obligated to furnish civil agencies of the United States for the purposes and on the terms and conditions stated in Paragraph 9 of P a r t I I I of the Project Application is set forth in the attached Schedule of Maximum Rent-Free Space Requirements, which is incorporated herein and made a part hereof. 5. Any misrepresentations or omission of a material fact by the Co-Sponsors concerning the Project or the Co-Sponsors' authority or ability to carry out the obligations assumed by the Co-Sponsors in accepting this Offer shall terminate the obligation of the United States, and it is understood and agreed by the Co-Sponsors in accepting this Offer that if a material fact has been misrepresented or omitted by the Co-Sponsors, the Administrator on behalf of the United States may recover all grant payments made. 6. T h e Administrator reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Co-Sponsors. 7. This Offer shall expire and the United States shall not be obligated to pay any of the allowable costs of the Project unless this Offer has been accepted by the Co-Sponsors within 60 days from the above date of Offer or such longer time as may be prescribed by the Administrator in writing. 8. T h e Administrator in tendering this offer on behalf of the United States recognizes the existence of an agency relationship between T h e Board of Trustees, of the University of Illinois, as principal, and the Department of Aeronautics, State of Illinois, as agent, created by the Agency and Participation Agreement entered into for and in behalf of T h e Board of Trustees, of the University of Illinois on September I, 1959 a n d for and in behalf of the Department of Aeronautics, State of Illinois on September 1, 1959. The Co-Sponsors agree that they will not amend, modify or terminate said Agency and Participation Agreement without prior approval in writing of the Administrator or his designated representative. 9. It is understood and agreed by and between the parties hereto that, notwithstanding the fact that the plans and specifications include certain items covering the construction of service roads B and C (Plan Sheets No. 5 and 6) and auto parking area (Plan Sheet No. 2 ) , grading for auto parking area and service roads B and C (Plan Sheet No. 10), and drainage in auto parking area (Proposed Items 12 and 13), such items of work shall not be a part of this project and the United States shall not pay, nor be obligated to pay, for any of the costs pertaining t h e r e t o ; it is further understood and agreed that the Sponsor shall maintain cost records covering this project, including separate cost records pertaining to the above referred items excluded from Federal participation, which records shall be made available for inspection and audit by the Administrator or his duly authorized representative or employee to the end that the cost of the excluded items may be definitely determined. 10. T h e terms "Administrator of Civil Aeronautics," "Administrator," "Civil Aeronautics Administration," "Department of Commerce" or "CAA" wherever they appear in the Project Application, plans and specifications or in any other documents constituting a part of this Agreement shall be deemed to mean the Federal Aviation Agency or the Administrator thereof as the case may be; any reference made in the Project Application to Section 303 of the Civil Aeronautics Act of 1938 shall be deemed to mean Section 308 of the Federal Aviation Act of 1958. T h e Co-Sponsors' acceptance of this Offer and ratification and adoption of the Project Application incorporated herein by The Board of Trustees of the University of Illinois shall be evidenced by execution of this instrument by the Co-Sponsors, as hereinafter provided, and said Offer and acceptance shall comprise a Grant Agreement, as provided by the Federal Airport Act, constituting the obligations and rights of the United States and the Co-Sponsors, respectively, with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Co-Sponsors' acceptance of this Offer and remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance.