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HomeMy WebLinkAbout80-15RESOLUTON NO. 80-15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE MAYOR TO SIGN GRANT AGREEMENT (DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, UKIAH MUNICIPAL AIRPORT) 6 7 8 9 10 The City Council of the City of Ukiah hereby RESOLVES: That the City of Ukiah shall accept the ADAP Grant Offer of the United States of America in the amount of $250,000 for the purpose of obtaining Federal aid under Project No. 5-06-0268-06 in the development of the Ukiah Municipal Airport; 11 12 and That the Mayor of the City of Ukiah is hereby authorized 13 14 15 16 and directed to sign the Statement of Acceptance of said ADAP Grant Offer (entitled Part II - Acceptance) on behalf of the City of Ukiah, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress 17 ,i the official seal of the City of Ukiah on the aforesaid statement 18 !! of Acceptance; and 19 2O 21 22 23 24 25 26 27 28 29 30 31 A true copy of the ADAP Grant Offer referred to herein is attached hereto and made a part hereof. PASSED AND ADOPTED this 19th day of September, 1979, by the following roll call vote: AYES:Councilmembers Hickey, Myers, Simpson, Brannon, Mayor Snyder NOES: None ABSENT: None ATTEST: City Clerk Ma, r 32 DEPARTMENT OF TRANSPORTATION . FEDERAL AVIATION ADMINISTRATION , GRANT .AGREEMENT Part 1-O}'fer Date of Offer Project .No. Contract No. SEP g 0 3979 Ukiah MuniciPal S-06-0268-06 DOT FA79WE-S46S Airport TO: City of Ukiah, California (herein referred t° as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application (herein called an Application for Federal Assistance) dated September $, 1979 , for a grant of Federal funds for a project for development of the Ukiah Municipal Airport (herein called the "Airport"), together with plans and specifications for such project, wi{ich Application for Federal Assistance, as approved by the FAA is hereby incorporated herein anti'made a part hereof; and · . WHEREAS, the FAA has approved a project for development of tPe Airport (herein called the "Project") consisting of the following-described airport development' Land, clear zone, Runway 33, Parcel 4 (approx..aS acre), Parcel S (approx. .22 acre), Parcel 7 (approx..14 acre) and Parcel 10 (approx. .65 a~re); including relocation assistance ( two families) and obstruction removal. all as more particularly described in the property map and plans and specifications incor- porated in the'said ApplicatiOn for Federal Assistance. FFA FORM 5100-37 Pg. 1 (3-781 SUPERSEDES FAA FORM 5100-13 .,ii Page 2 of 14 pages NOW TttEREFORE, pursuant to' and for th~ purpose of carrying out the provisions of the Airport and Airway Development 'Act of 1970, as amended (49 U.S.C. 1701 et seq.), and in considerat.ion of (a) the Sponsor's adoption and rati'fication of the representations and assurances contained in said Application for Federal Assisbance, and its acceptance of this ()ffer as hereinafter, provided, and (b) the benefits to accrue to the United 'States and the public frmn the accomplishment of the Project and the'operation ar, d maintenance of the Airport as herein provided, 'THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGRE.ES to pay, as the United States share of the allow- able Costs incurred in accomplishing the Project: a · with respect to the costs to the Sponsor which are reimbursable under Section 211 of the uniform Relocation Assistance and Real Property Acquistion Policies Act of 1970' (1) for costs incurred on account of any displacement occurring after January 1, 1971, and prior to July 1,-1972, or after June 30, 1972, on account of any &cquisition of real property occurring prior to July 1, 1972: (a) 100 percent of the first' $25,000, and (b) 80.59percent of the balance of the costs in excess of $25,000 and ~2) 80.$gpercent of the costs incurred on account of any dis- placement occurring after June 30, 1972, on account of any acquisition of real property occurring after June 30, 1972; b. 80.59 perce~t of all other allowable costs. Th~s qffer is ~:tade on and subject to the following terms a'nd conditions' ') S,S5,322.00 for tt;u, c,)st tr] the .,qponsor ~f. providirlg "~":"~...~,.. ~s' a~d ,~ssistance for displaced persons under subparagraph (a) of the foregoing paragraph· (b)$204,678.00 'for all other allowable project costs. e The Sponsor shall- (a) begin accomplishment of the Project within Sixty (60) days after acceptance of this Offer or such longer t~me as may be prescribed by the FAA, with failure to 'do so constituting just cause for terminatiOn of the obligations of the United States hereunder by the FAA i G/A- Relocation Special - Page 2 (11/14/78) Page 3 of 14 pages (b) carry out and' com~,lete the Project without undue de! ay and in accordance with the terms hereof, the Airport and Airway Development Act' of 1970, as amended, and the Regualtions of the FAA .(14 FAR 152) in eff. ect as of the' date of acceptance of this Offer; which RegulatiOns are hereinafter .referred to as the "Regul ati ons"; (c). carry out and complete the Project in.accordance with the plans and specifications and property map, incorporated herein, as they.may be revised or modified with the approval of the FAA. (d) submit all financial reports on an accrual basis and if records are not maintained on an'accrual basis, reports may be based on analysis or records or best estimates as required by the Regulations; (e) monitor performance under the Project to assure that time schedules are being met,. projected work units by time periods are being accomplished, and that other performance goals are being achieved as established by the Regulations. · · 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 Regulations. Payment of the United States share of the allowable project costs will be made pursuant to and· in accordance with the provisions of the Regulations. 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. The,grant closeout requirements will be in accordance with the Regulations. The Sponsor shall o. perate and ~aintain the Airport as provided in the Application incorporated herein and specifically covenants and agrees in accordance ~,~ith its Assurance 20 in Part V of said Application for Federal Assistance, and Section SO of the Airport and Airway " Development Act, as amended, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person by reason-of race, color, creed, national orgin or sex in the use of the facilities provided for the public on the airport. · The FAA reserves the right to amend or withdraw this Offer at any time 'prior to its acceptance by the Sponsor. · 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 Sel~t. 30, 1979, or such subsequent date as may be prescribed in writing by the FAA. G/A- Relocation Special - Page 3 (11/14/78) ® Page4 of 14 pages The Sponsor agrees~ to effectuate the purposes of Section 30 of the Airport and Airway Development Act of 1970, as amended, by assuring that minority business enterprises shall have the maximum opportunity to participate in the perfor, mance of contracts financed in whole or part with Federal funds provided under this agreement. For the purposes of this provision, "m'inority business enterprise" means a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise fr~n cultural, racial, religious, sex, national origin, chronic economic circumstances or background or other similar cause. Such persons may include,~but are not limited to, blacks, not of Hispanic origin; persons of Hispanic origin; Asians or Pacific Islanders; American Indians; and Alaskan natives. Grantee further agrees to comply with. such Regulations as may be issued by the Federal Aviation Administration to implement Section 30 of the Act. G/A- Relocation Special - Page 4 (11/14/78) Page $ of 14 pages , e The Sponsor will send a copy of all Invitations for Bids, advertised or negotiated, for concessions or other business at the airport to the appropriate Office ef' Minority Business Enterprise (OMBE) representative as~identified by' the FAA Regional Civil Rights Office. The Sponsor will disclose and make information about the-contracts, contracting procedures and requirements available to the designated OMBE representative and minority firms on the same basis that such information is disclosed and made available to other organizatiOns or'firms. ResPonses by minority firms to Invitations for Bids shall be treated in the same manner as all ~other responses to the Invitation for Bids. Compliance with the preceding will be deemed to constitute compliance by the Sponsor with requirements of 49 CFR 21 Appendix C(a)(1)(x), RegUlations of the Office of~ the Secretary of Transportation. 10. The SpOnSor hereby agrees and convenants that any and all flood insurance coverage required by the Flood Disaster Pro~ection Act of 1973 (P.L. 93-234), with resPect to the buildings and/or personal property to be constructed and/or acquired under this project will be purchased prior to the acquisition or construc- tion of any insurable interest and shall be maintained during the useful life of such buildings or personal property. 11. It is understood and agreed that the Sponsor {rill provide for FAA-employees adequate parking accommodations satisfactory to the Administrator at all FAA technical facilities (Air Naviga- tion. and Air Traffic Control faCilities) located on the airport. It is further understood and agreed that Sponsor Will provide, without cost, adeqUate land for the purpose of parking all offi- cial vehicles of the FAA (government and privately owned when used for FAA business) necessary for the maintenance and opera- tion of the FAA facilities on the airport. Such land shall be adjacent to the facilities served. · 12. It is understood and agreed by and between the parties hereto, that pursuant to FAR Part 152, Section 152.6~, the FAA may by written notice terminate or suspend this Grant in whole or in part, or withhold payment if it finds that the Sponsor has failed to comply with the conditions of the Grant or if it finds that continuation of the .project would not produce beneficial results. G/A- Standard Special Condition- Form Page a (5/79) P.age 6 of 14pages 13. Assurance Number 18 of Part V of the Application for Federal Assistance incorporated herein is amended by including at the end of the second sentence the fol.lowing language: "including the requirement {hat (A) each air carrier, autho- rized to engage-directly in air transportation pursuant to Section 401 or 402 of the Federal Aviation Act of. 1958~ using such airport shall be subject to nondiscriminatory and substantially.comparable rates, fees, rentals, and other charges and.'nondiscriminatory and substantially comparable. rules, regulations and conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably. withheld by any sponsor prOvided an air carrier.assumes obligations substantially similar to those already imposed on tenant air carriers, and (B) each fixed-based operator using a general aviation airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed base operators making the same or similar uses of such airport utilizing the same or similar facilities; provision (A) above, shall not require the r. eformation of any lease 'or other contract ~-- entered into by a sponsor before July 12, 1976. A sponsor shall not require the reformation of'any lease or other contract entered into by a sponsor before July 1, 1975." 14. It is understood and agreed that no part of the Federal share of an airport development project for which a grant is made under the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et seq.), or under the Federal Airport Act, as amended (49 U.S.C. 1101 et seq.), shall be included in the rate base in establishing fees, rates, and charges for users of the airport. 15. The Sponsor hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modifi- cation thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee the following Equal Opportunity clause: G/A- Standard Special Condition - Form Page b (5/79) Page ? of 14 pages (a) During the performance of this contract, the contractor agr~'~es as follows- ' (1) The contractor will not discriminate against any employee Or applicant for employment because of race, color, religion, sex or national origin. The' con- tractor will take affirmative action to' ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, sex or national origin. Such action shall include, but not be limited to, the.following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondis- crimination clause. (2) The contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of the contractor, state that all qualified~ applicants will ~ receive consideration for employment Without regard to race, color, religion, sex or national origin. . · (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advis.ing the said labor union or workers' representatives of the contractor's co~nitments under this section, and shall post copies ~f the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of 24 September 1965, and of the rules and regulations, and relevant orders of the Secretary ~of Labor. (5) The contractor will furnish' all information and reports required by Executive Order 11246 of September 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administer- ing agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G/A- Standard Special Condition- Form Page c (9/78) Page 8 of 14pages (6)' In the event of the'contractor's noncompliance with the nondiscrimination'clau~es of this contract or with any of the said rules, regulations, Or. orders, this contract may be cancelled, terminated, or suspended' i~n whole or in part and the contractor may be declared ineligible for further government contractors or federally assisted Construction contracts in accordance with procedures authorized in Executive Order 11246 of 24 September 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 1965, or by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by law. (7) .The contractor will include the portion of.the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or pUrchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant, to Section 204 of Executive Order 11246 of 24 September 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions, for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the administering a.gency, the contractor may request the United States to.enter into such litigation to protect the interests of the United States. · The Sponsor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Sponsor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency with the Secretary G/A - Standard Special.Condition - Form Page d (9/78) Page 9 of 14 pages of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in th~ discharge of the agency's, primary responsibility 'for securing compl tance. ' The Sponsor further agrees that i.t will refrain from entering into any contract or contract modification subject 'to Executive Order 11246 of 24 September 1965 with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or by the. Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In-addition, the SponsOr agrees that if it fails or refuses to comply with 'these undertakings the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sponsor under the program with respect to which the failure or refund occurred until satisfactory assur- ance of future compliance has been received from the Sponsor; or refer the case to the Department of Justice for appropriate 1. egal proceedings. (b) State and local governments intending to impose affirmative action hiring and/or training requirements-of federally assisted construction already subject.to federal minority hiring and/or training plans established pursuant to the Order shall submit such requirements to the Director prior to their inclusion in any federally assisted construction contracts. Such state or local government requirements will be deemed applicable to federally assisted construction contracts unless the Director, or in the case of an appeal of the Director's determination, the Assistant Secretarj~ for Employment Standards, determines that such requirements are inconsistent with the Order or incompatible with the effective implementation of the federal minority hiring and/or training plan (either voluntary or imposed) in the area. The state or local government affirmative action hiring and/or training requirements shall not be incl.uded in federally assisted construction contracts' until the Director, or in the case of an appeal, the Assistant Secretary, has had an opportunity to make a determination in accordance with this paragraph. The Director shall make his determination within 60 days of his receipt of the state or local government's submission, which should include the pertinent affirmative action hiring and/or training requirements and supporting data. G/A Standard Special Condition- Form Page e (9/78) ~age 10of14 pages The Director may also request the state or. local government to supply information and data necessary for his determination. The Director's determinati.on shall Be co~nunicated directly to the state or local governmental body by registered mail, return receipt requested, together, in the case of 'an adverse determination, with a notification of its right to appeal .to the Assistant Secretary. The Direc~or'~s determination shall also be announced in. a Federal Regi.ster notice, which shall also indicate that the state or local government, and any other persons· or groups affected by the Director's determination, including construction trades contractors, labor organizations, associations or other organizations· of construction trades contractors and/or labor organizations, and minority c-~;mmunity groups, may appeal such determination to the Assistant Secretary by requesting, a hearing within 21 days of the publication of the Federal Regi. ster notice. Following this appeal period, if any requests for a hearing have been filed with the Assistant · Secretary, the Department of Labor shall then designate an administrative law judge who shall conduct a hearing to make proposed findings and a recommended decision to the Assistant Secretary upon the basis of the record before him. The administrative law judge shall give reasonable notice of the opportunity to participate in such hearing by registered mail, return receipt requested, to those requesting the hearing and' shall also give reasonable notice of such hearing in the Federal Register to inform all other persons, organizations, and other entities affected by the Director's determination of. their opportunity to participate in the hearing. Each participant shall have the right to counsel and a fair opportunity to present his case, including such cross-examination as the administrative law judge may deem appropriate in the circumstances. Within 80 days of the close of the appeal period for requesting a hearing, the Assistant Secretary ~hall make a final decision on the basis of the record before him, which shall consist of the record for recommended decision, the rulings and recommended decision of the administrative law judge, and the exceptions and briefs filed subsequent to the administrative law judge's decision. In determining whether state or local government affirmative action hiring and/or training requirements are inconsistent with the Order or incompatible with the effective implementation of the applicable federal minority h'iring and/or training plan in the area, at least the following factors shall be considered under this subparagraph; (i) the impact of the state or local government requirements on the successful implementation of the federal plan in the area; (ii) the minority population in the G/A- Standard Special Condition - Form Page f (9/78) ,Page 11 of 14 pages area to be covered by the state or local §overnment plan; (iii) the minority manpower utilization in' the area construction industry, on a trade-by-trade basis; (iv)the 'availability of minorities for employment in the area construction.industry; (v) the need and availability of training programs in the area construction industry.; (vi) the projected growth and attrition factors of the area construction industry in th.e near future;. (vii) available procedures to ensure that contractors, subcontractors and others, are provided with notice and a full opportunity to contest allegations' of 'noncompliance; and (viii) assurances that the state or local government ~ainority hi ring and/or training requir, ements are not intended and shall not be used to discriminate against any.qualified person on the basis of race, color, religion, sex or national origin. State and local governments are encouraged' to participate in the formulation and implementation of federal minoritylhiring and/or training plans consonant with the aforementioned criteria in areas currently without such plans; to enforce their fair employment practices laws with respect to acts of discrimination affecting federally assisted construction and to assist the administering Federal agency in monitoring the compliance of contractors and subcontractors perfon~ing on federally assisted projects. For purposes of this subparagraph. "Assistant Secretary" means the Assistant Secretary for Employment Standards or his designee. 16. The sponsor will comply with the.requirements of Section 504 of the. Rehabilitation Act of 1973 and 49 CFR Part 27 which provides for nondiscrimination on the basis of handicap in federally assisted programs and activities receiving or benefiting from Federal financial assistance and requires certain design standards to be i~ple~ented at .airports. G/A - Standard Special Condition - Form Page g (8/79) Page~12 ~ ~4~pages 17. It is hereby understood and agreed b5· and between the 'parties hereto that the United States will not make nor be obligated to make any payments involving Parcels 4, 5, 7 and 10 as shown on the property map incorporated herein and identified as Exhibit "A" until 'the sponsor has submitted 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 Pa'rce!s 4, 5, 7 and 1~ (or. any portion thereof for which grant payment is ~ought) subject 'to no liens, encum- brances, 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. 18. The Federal Government does not now plan or contemplate the construction of any'structures pursuant to Paragraph 27.of Part V - Sponsor's Assurances - of the Application for Federal Assistance dated September 5, 1979, and therefore, it is understood and agreed that the sponsor is under no obligation to furnish any areas or rights without cost to the Federal Govern- ment under this Grant Agreement. However, nothing contained herein shall be construed as altering or changing the rights of the United States and/or the obligations of the sponsor under prior Grant Agreements to furnish rent- . free space and/or such estates or interests in such land or rights in build- ings for the activities'specified in such agreements.. 19. By its acceptance hereof, the Sponsor covenants and agrees that with respect to Parcels 4, 5, 7 and 10 as shown on Exhibit "A" it will clear any of said Parcels 4, 5, 7 and 10 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 a~r navigation or those for which may be specifically approved by the FAA; further, if a lesser interest other than fee is acquired in said Parcels 4, 5, 7 and I0 the Sponsor agrees it will clear said Parcels 4, 5, 7 and 10 of any existing structures of any natural growth'which constitutes an obstruction to air navigation within the standards established by Part 77 of the Federal Aviation Regu- lations; and further, the SpOnsor covenants that it will control the subsequent erection of structures and control natural growth to the extent necessary to pre- vent the creation of obstructions within said standards. 20. A. Pursuant to Sections 2!0 and 305 cf the Uniform Relocation Assistance and Rea! Property Acquisition Polio~ ~ ~.s Ac. ~gf '~970 (P.L. 91-646); Part 25, Regulations of the Secretary of Yransportation, "Relocation ~!~ssistance and Land Acquisition for Federa~ a~d Federally Assisted Progra~ns" (49 CFR Part 25, 40 F.R. 41041); ~he Regulations; and other app!:~able provisions of law-- the terms used in this.paragraph to have the meanings assigned to them under such Act and regulations: !. Sponsor wilt provide fair aad reasonable relocation payments to displaced persons as required by Subparts E, F, and G of said Part 25; 2. Sponsor will provide relocation assistance programs for displaced persons offering the services described in Subpart D of said Part 25; 3. Sponsor will adequately inform the public of the relocation payments and services which will be available under Subparts D, E, F, and G of said Part 25; Page13 o~4 pages 4. Comparable replacement ~dwellini~s will be available, or provided if necessary, within a reasonable period of time before any person is displaced; 5. Sponsor will fully comply with Subpart I of said Part 25; ~. Sponsor will adequately inform the pUblic of the acquisition policies, reqUirements, and payments which will apply to the project; 7. When approval of the FAA is required before' Sponsor may proceed with any phase of the-Project and.that phase will cause the displacement of any person, sponsor will, prior to proceeding with that phase, provide the FAA with written assurances satisfactory to the FAA that: (a) Based on a current survey and analysis of available replacement'housing and in consideration of competing demands for that housing, comparable replacement dwellings will be available within a reasonable period of'time prior to displacement equal in number to the displaced persons Who require them; and (b) The Sponsor's relocation program is realistic and is adequate to provide orderly, timely, and efficient relocation of displaced individuals and families to decent, safe, and sanitary housing available to persons without regard to race, color, religion, or national origin with minimum hardship to those affected. B. With respect to every person who was displaced or from whom real property was acquired after January 1, 1971 and who would have been entitled to any payments or relocation assistance pursuant to the assurances in. this agreement had this agreement been in effect at the time of such displacement or acquisition, Sponsor represents and under- takes as the case may be: (I) That such person has received or will receive all the payments and has timely been or will be timely afforded al! the assistance and advantages that would have accrued to him under the provisions of this parag-aph had he been displaced or the real property acquired or his entitlements as such tenant accrued subsequent to the date of this agreement; and (2) that Sponsor ha~ timely performed o_~ will timely perform al! acts that would have been or would still be required of the Sponsor had ti~e assurances of this paragraph been app~icable at the times identified in this paragraph. C. That the United States shall not make nor be obligated to make any payment hereunder for acquisition of any one parcel of reimburse- ment for acquisition of any one parcel until the Sponsor has complied with the requirements of this paragraph as it relates to that one parcel. D. The obligation of the United States under this agreement to share in the allowable costs incurred by Sponsor under this paragraph shall be subject to all the pertinent and applicable provisions, limitations, and conditions contained in the laws and regulations referred to in this paragraph. The Sponsor's acceptance of this Offer and rati t'ication and adoption of the Application for Federal Assistance incorporated herein shall be evidenced by executi.on of this instrument by the Sponsor, as hereinafter provided, and said ()ffer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Development Act of 1970, as amended, constituting the obligations and rights of the United States and the Sponsor with respect to the accompliShment of the Project and the ·operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance .of this Offer ar, d shall 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 accept- ance, except as otherwise provided in Sponsor's Assurance No. 17, Part V of the Application for Federal Assistance. UNITED S.T/ATES OF AMERICA · FEDERAI~A,VIATION AD/MINISTRATION , .V //~///~WESTE ,RNa; RI~IO~ · f/' .............. ~//' ' (Title) Chi/e£.. Airports Field Office. SF0-680 Part I1 - Acceptance · The City of Ukiah, California does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Application for . Federal Aaaistance ·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 ,z:~/ day of ,~~_~- ,19,~ ....... CITY. OF. UKIAH, · CALIFORNIA ........ (Name of Sponsor) Title ...... ~ ............... Attes . lit[e: .... CERTIFICATE OF SPONSOR'S ATTORNEY 1, ~.~z.£ ,g/. ,/~/f , acting as Attorney for (herein referred to as the "Sponsor") do hereby certify: City of Ukiah 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 Regulations 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 ~,t~zg-'/~ d,,'q FAA FORM 5100-37 PG 5 13.78) SUPERSEDES FAA FORM 5100-13 this~/-.~ day of ~~ ,19 7~'.