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HomeMy WebLinkAbout84-24 ii f RESOLUTION NO. 84-9-4 RESOLUTION OF THE CITY OCUNCIL OF THE CITY OF UKIAH 1 AUTHORIZING THE MAYOR TO SIGN GRANT AGREEMENT (DEPART- MENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, 2 UKIAH MUNICIPAL AIRPORT) 3 4 The City Council of the City of Ukiah hereby RESOLVES: 5 That the City of Ukiah shall accept the Grant Offer of the United States 6 of America in the amount of $576,000 for the purpose of obtaining Federal aid 7 under Project No. 3-06-0268-02 in the development of the Ukiah Municipal 8 Airport; and 9 That the Mayor of the City of Ukiah is hereby authorized and directed to 10 sign the Statement of Acceptance of said Grant Offer (entitled Part II - 11 Acceptance) on behalf of the City of Ukiah, and the City Clerk is hereby 12 authorized and directed to attest the signature of the Mayor and to impress 13 the official seal of the City of Ukiah on the aforesaid statement of 14 Acceptance; and 15 A true copy of the Grant Offer referred to herein is attached hereto and 16 made a part hereof. 17 PASSED AND ADOPTED this 20th day of 'September 1983, by the 18 following roll call vote: 19 AYES: Councilmembers Feibusch, Dickens , Hickey, i4yers , Kelley 20 NOES: None 21 ABSENT: None 22 ,E 23 Mayor ATTEST: 24 25 r 26 City Clerk 27 28 i Page -1 of 5 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 - Offer Date of Offer September 12, 1983 Ukiah Municipal Airport/Planning Area Project No. 3-06-0258-02 - Contract No. DTFA08-83-C-30064 I E TO: City of Ukiah, California i (herein called the "Sponsor") i FRCM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") i WHEREAS the Sponsor has submitted to the FAA a Project Application dated July 21, 1983 � for a grant of Federal funds for a project at the Ukiah Municipal Airport/Planning Area together with plans and specifications for such development project, or the planning work definition for such Planning Project, which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport or Planning Area _- (herein called the "Project") consisting of the following: "Land, clear zone, Runway 33 (Parcels 42, 43, 44 and 45) including obstruction removal; resurface and mark Runway 15-33 (1.50' x 44101) _ including lead-in Taxiway (50' x 5951) and parallel taxiway system (50' x 44001) .11 all as more particularly described in the Project Application. 'FAA Form 5100-37 PG 1 (8-82) Page 2 of 5 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, herein called the "Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United Sxates and _the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90 percentum of allowable project costs. - This Offer is made on and subject to the following terms and conditions: Standard Conditions 1 . The maximum obligation of the United States payable under this offer shall be $ 576,000.00 which is comprised of: $ - 0 - for planning $ $540,000.00 for development other than land $ 36,000.00 for land acquisition 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions Of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4 . The sponsor shall comply with the Airport and Airway Improvement Act of 1982 and shall carry out and complete the Project without undue delays and in accordance with the te6fis hereof, and such regulations and procedures as the Secretary shall prescribe and agrees to fully comply with the Part V Assurances which are incorporated by. reference and made a part of this offer. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before September 30, 1983 or such subsequent date as may b.e prescribed in writing by the FAA. FAA Form 5100-37 PG 2 (8-82) Page 2 of 5 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, herein called the "Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United Sxates and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90 percentum of allowable project costs. - This Offer is made on and subject to the following terms and conditions: Standard Conditions 1 . The maximum obligation of the United States payable under this offer shall be $ 576,000.00 which is comprised of: $ - 0 - for planning $ $540,000.00 for development other than land $ 36,000.00 for land acquisition 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions Of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share.of costs. 4 . The sponsor shall comply with the Airport and Airway Improvement ` Act of 1982 and shall carry out and complete the Project without undue delays and in accordance with the terlbs hereof, and such regulations and procedures as the Secretary shall prescribe and agrees to fully comply with the Part V Assurances which are incorporated by reference and made a part of this offer. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before September 30, 1983 or such subsequent date as may, t.e prescribed in writing by the FAA. FAA Form 5100-37 PG 2 (8-82) Page 3 of 5 Pages Special Conditions 9. It is hereby understood and agreed by and between the parties hereto that the United States will not make nor be obligated to make any pay- ments involving Parcels 42, 43, 44 and 45 as shown on the property map- attached hereto and identified as Exhibit "A" until the Sponsor has sub- mitted evidence that it has acquired a fee title or such lesser property interest as may be found satisfactory to the FAA in and to said Parcels described in this grant (or any portion thereof for which grant payment is sought) subject to no liens , encumbrances , reservations or exceptions which in the opinion of the FAA might create an undue risk of interference with the use and operation of the airport. 10. By its acceptance hereof, the Sponsor covenants and agrees that with respect to Parcels described in this grant and as shown on Exhibit "A", it will clear any of said Parcels acquired in fee of any existing structures, prior to final payment under the project and that it will neither erect nor permit the erection of any permanent structures therein except those required for aids to air navigation or those which may be specifically approved by the FAA; further, if a lesser interest other than fee is acquired in said Parcels the Sponsor agrees it will clear- said Parcels of any existing struc- ture or any natural growth which constitutes an obstruction to air naviga- tion within the standards established by Part 77 of the Federal Aviation Regulations; and further, the Sponsor covenants that it will control the subsequent erection of structures and control natural growth to the extent necessary to prevent the creation of obstructions within said standards. The following special assurances is added to Part V Assurances attached to this offer: 33. Revenue from Real Property. It agrees that all net r6venue produced from real property purchased in part with Federal funds in this grant shall be used on the airport for airport planning, development, or operating expenses , except that all income from real property purchased for noise compatibility purposes or for future aeronautical use as indi- cated on Exhibit "A" for this grant shall be used only to fund projects which would be eligible for grants under the Airport and Airway Develop- ment Act of 1982. Income from noise or future use property may not be used for the Sponsor's matching share of any airport grant. Airport fiscal and accounting records shall clearly identify actual sources and uses of these funds." Page 3 of 5 Pages Special Conditions 9. It is hereby understood and agreed by and between the parties hereto that the United States will not make nor be obligated to make any pay- ments involving Parcels 42, 43, 44 and 45 as shown on the property map attached hereto and identified as Exhibit "A" until the Sponsor has sub- mitted evidence that it has acquired a fee title or such lesser property interest as may be found satisfactory to the FAA in and to said Parcels described in this grant (or any portion thereof for which grant payment is sought) subject to no liens, encumbrances, reservations or exceptions which in the opinion of the FAA might create an undue risk of interference with the use and operation of the airport. 10. By its acceptance hereof, the Sponsor covenants and agrees that with respect to Parcels described in this grant and as shown on Exhibit "A", it will clear any of said Parcels acquired in fee of any existing structures, prior to final payment under the project and that it will neither erect nor permit the erection of any permanent structures therein except those required for aids to air navigation or those which may be specifically approved by the FAA; further, if a lesser interest other than fee is acquired in said Parcels the Sponsor agrees it will clear- said Parcels of any existing struc- ture or any natural growth which constitutes an obstruction to air naviga- tion within the standards established by Part 77 of the Federal Aviation Regulations; and further, the Sponsor covenants that it will control the subsequent erection of structures and control natural growth to the extent necessary to prevent the creation of obstructions within said standards. The following special assurances is added to Part V Assurances attached to this offer. 33. Revenue from Real Property. It agrees that all net rdvenue produced from real property purchased in part with Federal funds in this grant shall be used on the airport for airport planning, development, or operating expenses, except that all income from real property purchased for noise compatibility purposes or for future aeronautical use as indi- cated on Exhibit "A" for this grant shall be used only to fund projects which would be eligible for grants under the Airport and Airway Develop- ment Act of 1982. Income from noise or future use property may not be used for the Sponsor's matching share of any airport grant. Airport fiscal and accounting records shall clearly identify actual sources and uses of these funds." Page 4 of 5 Pages 34. Cost Free Land. Pursuant to Paragraph 15 of Part V, Assurances dated July 22, 1983, the Sponsor hereby covenants and agrees to furnish the Federal Government without cost, within four months after written request therefore, such estates or interests in such lands or rights in buildings as are deemed necessary by FAA for the construction and operation on the airport of the structures or facilities set forth below, provided the respective areas of land and/or buildings deemed adequate by FAA for such purposes are available without the necessity for removing or relocating other facilities and are within the geographic boundaries of the airport at the time request therefore is made by the FAA; together with the rights of ready access in and to such areas or buildings for construction, occupancy and use and the right to connect to existing utilities and to be furnished the utility services required to the extent of available capacity at no more than prevailing rates. The facilities or structures involved and the area of land or rights in building, the sponsor is obligated to furnish for each area as follows : 1. Direction Finder (DF) - approximately .03 acre. Further, the Sponsor hereby covenants and agrees to furnish the Federal Government without cost, a lease in and to the real property as described in those agreements listed in Exhibit "B" attached hereto and made a part hereof for existing FAA facilities,' together with the right to connect to existing utilities and to utilize the utility services involved to the ex- tent of available capacity at no more than prevailing rates. However, it is agreed and understood that the rights of the United States to cost free areas obtained under unexpired grant agreements with the Sponsor are extended for twenty years from the date of this grant agreement. Furthermore, the responsibility for paying the cost of relocating any facilities located in such cost free areas shall be made in accordance with Advisory Circular 150/5300-7B, FAA Policy on Facility Relocations Occasioned by Airport Im- provement or Changes." ,. Page 4 of 5 Pages 34. Cost Free Land. Pursuant to Paragraph 15 of Part V, Assurances dated July 22, 1983, the Sponsor hereby covenants and agrees to furnish the Federal Government without cost, within four months after written request therefore, such estates or interests in such lands or rights in buildings as are deemed necessary by FAA for the construction and operation on the airport of the structures or facilities set forth below, provided the respective areas of land and/or buildings deemed adequate by FAA for such purposes are available without the necessity for removing or relocating other facilities and are within the geographic boundaries of the airport at the time request therefore is made by the FAA; together with the rights of ready access in and to such areas or buildings for construction, occupancy and use and the right to connect to existing utilities and to be furnished the utility services required to the extent of available capacity at no more than prevailing rates. The facilities or structures involved and the area of land or rights in building, the sponsor is obligated to furnish for each area as follows : 1. Direction Finder (DF) - approximately .03 acre. Further, the Sponsor hereby covenants and agrees to furnish the Federal Government without cost, a lease in and to the real property as described in those agreements listed in Exhibit "B" attached hereto and made a part hereof for existing FAA facilities,' together with the right to connect to existing utilities and to utilize the utility services involved to the ex- tent of available capacity at no more than prevailing rates. However, it is agreed and understood that the rights of the United States to cost free areas obtained under unexpired grant agreements with the Sponsor are extended for twenty years from the date of this grant agreement. Furthermore, the responsibility for paying the cost of relocating any facilities located in such cost free areas shall be made in accordance with Advisory Circular 150/5300-7B, FAA Policy on Facility Relocations Occasioned by Airport Im- provement or Changes." ,. 1 Y 'l Page 5 of 5 pages The Spon3or13 acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Improvement Act of 19829 constituting the obligations and rights of the United States and the Sponsor With respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement 'shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVI ION ADMINISTRATION WESTC P,t1�J' C REG ION 4 40 _ice• ( -/' BY••! •••• 1F.✓i�". •• • .• • •• • Manager, Sa,. Francisco Airports District Office Part II - Acceptance The Sponsor does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this 20th day of September 1983 , NIA . ....... (Name of Sponsor) By.. (SEAL) , .� . .. " ... tle.. .•PO yor •..: .. .... ... . .. . . . . Attest: .......... ... .. • .. Title: ..Gtit .ClArk....•.......... CERTIFICATE OF SPONSOR'S ATTORNEY I, David Rapport , acting as Attorney for the Sponsor do hereby certify: That I have examined the foregoing Grant Agreement and ,the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State Of California and the Act and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Ukiah, CA this 26thae** . 0000 *00 eptember = 1983 , •• • .. . . . . . . . . . . . Title . . .. .Cit y .Attorney FAA Form 5100-37 Last PG (8-82) Page 5 of 5 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor,- as hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Improvement Act of 1982, constituting the obligations and rights of the* United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement •shail become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FF:DN RAL AV ION ADMINISTRATION WESTE PtC -F .0 REGION Manager, S. Francisco Airports District Office Part II - Acceptance The Sponsor does hereby ratify and adopt all statements, representations, warrantie3, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this 20th day of September 1983 QIT.QU.V�JAUA.Q4?� F.QRNIA. ...... . (Name of Sponsor) By. (SEAL) tl e.. ..••aJ:c• ........ . . . . Attest: ...... ......... .. Title: ..Gi.t .Gl.�rk,............... CERTIFICATE OF SPONSOR'S ATTORNEY It David Rapport , acting- as Attorney for the Sponsor do hereby certify: That I have examined the foregoing Grant Agreement and .the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State Of California and the Act and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Ukiah, CA this 26thay of eptember 1983 , Title . . ...Cit y .Attorne0 . y . . . . , . . . . . PAA Fora 5100-37 Last PG (8-82) a � EXHIBIT B Lease Agreements September 1983 Lease Agreements between the Federal Aviation Administration and the City of Ukiah, California: Date of Execution Contract No. Facility July 3, 1975 FA75WE-3163 Runway End Identification Lights (REIL) July 3, 1975 FA75WE-3165 Runway End Identification Lights (REIL) April 6, 1977 DOT-FA77WE-4066 Visual Approach Slope Indicator (VASI) July 6, 1977 DOT-FA77WE-4134 Localizer (LOC) r ' ! 1 EXHIBIT B Lease Agreements September 1983 Lease Agreements between the Federal Aviation Administration and the City of Ukiah, California: Date of Execution Contract No. Facility July 3, 1975 FA75WE-3163 Runway End Identification Lights (REIL) July 3, 1975 FA75WE-3165 Runway End Identification Lights (REIL) April 6, 1977 DOT-FA77WE-4066 Visual Approach Slope Indicator (VASI) July 6, 1977 DOT-FA77WE-4134 Localizer (LOC)