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RESOLUTION NO. 79-21
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)
The City Council of the City of Ukiah hereby RESOLVES:
That the City of Ukiah shall accept the Grant Offer
of the United States of America in the amount of $376,865
for the purpose of obtaining Federal aid under Project
No. 5-06-0268-04 in the development of the Ukiah Municipal
Airport; and
That the Mayor of the City of Ukiah is hereby authorized
and directed to sign the statement of Acceptance of said
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 the official seal of the City of Ukiah on the
aforesaid statement of Acceptance; and
A true copy of the Grant Offer referred to herein is
attached hereto and made a part hereof.
PASSED AND ADOPTED this 20th day of September ,
1978, by the following roll call vote:
AYES: Councilmembers Hickey, Myers, Simpson, Snyder, and
Mayor Brannon
NOES: None
ABSENT: None
ATTEST:
Mayor
Ci~[y Clerk
EXHIBIT "
EXHIBIT "B"
I
,,,
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Page I of
14 pages
GRANT AGREEMENT
port l-Offer
Date of Offer September 14, 1978
Ukiah Municipal
Project No. 5-06-0268-04
Contrac[ No. DOT FA78WE-4952
Airport
TO' City of Ukiah, California
(l~erci;-~ referred to as the "Sponsor")
FRO5!' '1-I;~' United States of America (ac;"laoO throu~ the Federal Aviation Admin,:stration, herein
rcfer~c:d to ::s tile "FAA")
,,.,. il~o Sponsor l~as submitted to tt'te FAA a f'roj,'.ct Application dated
August 28, 1978 , for a grant of Federal fl~nds for a project for d~vclop-
tnent el' tl:~:, Ukiah Municipal Airport (herein called
tl~'..' "-k.,ri-'.~:t' ). togetl~:'.r with plans and specifications for such project, which Project Application,
as approved Izy tlte FAA is hereby incorporated herein and made a part hereof, and
V,'ItERE.,kS. ti~e FAA has approved a project for development of the A.,rport (.herein c~led the
"t'rtscct") con;i.;ting of thc following-described airport development'
Land, clear zone, Runway 15, Parcel 16 (approx. .3 ,~cre), Parcel
17 (approx. .2 acre), Parcel 18 (approx. .2 acre), Parcel 19
(approx. .2 acre), Parcel 37 (approx. .7 acre), and Parcel 39
(approx. 1.6 acres); Runway 33, Parcel 1 (approx. .3 acre) including
relocation assistance (5 families) and obstruction ~emoval.
a!l as more particularly described in the pro?erty map and plans and specifications incorpo:ated in
t1:-2 said Pre. jeer Application;
Page 2 of 14 Pages
NOW, THEREFORE, pursuant to and for the purpose of carrying out the
provisioms of the Airport amd Airway Development Act of 1970, as amended
(49 U.$.C. 1701), 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
pt'ovided, ~nd (b) the benefits to accrue to the United States and the
public from the accomplishment of the Project and the oepration and
maintenance of the Airport as here~n provided, THE FEDERAL AVIATION
AD~-IINiSTRATION, 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:
a. With respect to the costs to the Sponsor which are reimbursable
under Section 211 of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970:
(1) for costs'incurred on account of any d~splacement occurring
after January 1, 1971, and prior to July 1, 1972, or after
June 30, 1972, on account of any acquisition of real
property occurring prior to July 1, 1972:
(a) 100 percent of the first $25,000, and
(b) 90 percent of the balance of the co~.'s in ex,:ess
of $25,000, and
(2) 90 percent of the costs incurred on acco,mt of any
displacement occurring after June 30, 1972, on account
of any acquisition of real property occurring after
June 30, 1972;
b. 90 percent of all other allowable costs.
This Offer is made on and subject to the following texas ~nd conditions:
1. The maximum obl~.gation of the United States paysble umder this
Offer shall be
(a) $57,600 for the cost to the Sponsor of providing payments and
assistance for displaced persons under subparagraph a of
the foregoing paragraph.
(b) $319,265 for all other allowable project costs.
Page 3 of 14 Pages
2. The Sponsor shall:
(a) begin accomp]isbment of thc Project within 60 days after
acceptance of this Offer or such longer time 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;
(b) carry out and complete the Project without undue delay and
in accordance with the terms hereof, the Airport and Airway
Development Act of the Federal Aviation Administration (14
C~R 152) in effect as of the date of acceptance of this
Offer; which Regulations are hereinafter referred to as the
"Regular ions";
(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.
·
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·
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3. The allowable costs of the Project shall not include any costs
determined by the FAA to be ineligible for considera-ion as to
allowability under Section 152.47(b) of the Regulations.
4. Payment of the United States' share of the allowable proj~ct costs
will be made pursuant to and in accordance with tl,~ provisions
of Section 152.65-152.7! of the Regulations. Final determination
as to the allowability of the costs of the Project will be made
at the time of the final Grant payment pursuant to Section 152.71
of the Regulations; provided that, in the event a semi-final
Grant payment is made pursuant to Section 152.71 cf the R~gula-
tions, final determination as to the allowability of those costs
to which such semi-final payment relates will be made at the time
of such semi-final payment.
(Continued on Page 4)
Page 4 of 14 pages
5. The Sponsor shall operate and malntain the Airport as Provided
in the Project Application incorporated herein and specifically
covenants and agrees, in accordance with its Assurance 20 in Part V
of said Project Application, 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 or class of pensons by reason of race, color, creed or
national origin in the use of any of the facilities provided for the
public on the alport.
6. The FAA reserves the right to amend or withdraw this Offer at any
time prior to its acceptance by the Sponsor.
7. 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, 1978,
or such subsequent date as may be prescribed In writing by the FAA.
8. The Sponsor hereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or modifica-
tion 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.
(a) During the performance of this contract, the contrac+or agrees
as follows:
· ·
(1) The contractor will not discriminate against any emplovee
'or applicant for employment because of r~!ce, color, religion,
sex or national origin. The contractor ~ill tak,s affirma-
tive 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: Employ-
ment, upgrading, demotion, or transfer;.rec~ultment or
recruitment advertising; layoff or termination, rates of
pay or other forms of compensation; and selection for train-
ing, including apprenticeship. The contractor agree to
post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting
forth the provisions of this nondiscrlmlnation clause.
(2) The contractor will, in all solicitations or advertisements
for employees placed by or on behalf of the contractor,
Standard Special Condition - F,arm Pace a (1/77)
Page 5 of 14 pages
state that all qualified applicants will receive considera-
tion for employment without regard to race, color, religion
sex or national origin.
(3) The contractor will send to each labor union or 'r'epresenta-
rive of workers with which he has a collective bargaining
agreement or other contract or understandina, a notice to
be provided advising the said labor union o~ workers'
representatives of the contractor's commitments under
this section, and shall post copies of the notice in con-
spicuous places available to employees and applicants for
employment.
(4) The contractor will comply with ali 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 24 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 administering agency
and the Secretary of Labor for purposes of investiQation
to ascertain compliance with such rules, regulations, and
orders.
(6)
In the event of the'contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of
the said rules, regulations, or orders, this contract may
be canceled, terminated, or suspended in whole or in part
and the contractor may be declared lneliaible for further '
government contracts or federally assisted construction
kontracts 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 24 September 1965, or'by rule,
regulation, or order 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 or 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 resoect
,
to any subcontract or purchase order as the administering
Standard Special Condition - Form Paae b (1/77)
---
Page 6 of 14 pages
agency may dlrect 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'agency,
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
eaual 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 and the Secretary of Labor such in.forma-
tion as they may requ~e for the supervision of such compliance;
and that it will otherwise assist the.administering agency in
the discharge of the agency's primary responsibility for secur-
ing compliance.
The Sponsor further agrees that it will refrain from entering
into any contract or contract modification subject to Executive
Crder 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 wlth 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 satisfac-
tory assurance of further compliance has been received from the
Sponsor; or refer the case to the Department of Justice for
appropriate legal proceedings.
Standard Special Condition - Form Paqe c (1/77)
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Page ? of 1~ p~ges
(b) State and local governments intendinq to impose affirmative
action hiring and/or training requirements on federally assisted
construction already subject to federal minority hiring and/or
training plans established pursuant to the Order shall submit
such requlrements 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 Secretary for Employment Standards, determines
that such requirements are inconsistent with the Order or incom-
patible with the effective implementation of the federal minority
hiring and/or training plan (either voluntary or imoosed) in the
area. The state or local government affirmative action hiring
and/or training requirements shall not be included in federally
assisted construction contracts until the Director, or in the
case of an appeal, the Assistant Secretary, has had an oppor-
tunity 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. The Oirector may
also request the state or local government to supply information
and data necessary for his determination. The D~rector's deter-
mination shall be communicated directly to the slate or local
governmental body Dy registered mail,-return receipt recuested,
together, in the case of an adverse determination, with a noti-
fication of its right to appeal to the Assista'~t Secretary.
The Director's determination shall also be announced in a Fsderal
Register notice, which shall also indicate tha'r the state o~'
local government, and any other persons or groups affected by
the Director's determination, including constr~ction trades con-
tractors, labor organizations, associations or other ¢,rganizations
of construction trades contractors and/or labor organizations,
and minority community groups, may appeal such ~etermination
to the Assistant Secretary by requesting a hear'ng within 21
days of the publication o~ the Federal Register notice. Follow-
ing this appeal period, if any requests for a hearing have
been filed with the Assistant Secretary, the Depa-~ment of
Labor shall then dssignate an administrative law judge who
shall conduct a hearing to make proposed findings and a recom-
mended decision to the Assistant Secretary upon the basis of
the recor~ before him. The administrative law judge shall give
reasonable notice of the opportunity to participate in such
hearing by registered mail, return recsipt 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
Standard Special Condition - Form Page d (3/77)
Page 8of 14 pages
Director's determination of their opportunty to participate
in the hearing. Each participant shall have the right to
cotJnsel and a fair opportunity to present his case, including
such cross-examination as the administrative law judea, may
deem appropriate in the circumstances. Within ~0 days of the
close of the appeal period for requestinq a hearina, the Assis-
.
font Secretary shall 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 decisions
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 0overnment affirmative
action hiring and/or training requirements are inconsistent
with the Order or incompatible with the effective implementation
of the applicable federal minority hiring 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 area to be covered by the state or local oovernment 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 availab-ility of training progr'a~s in the area
construction industry; (vi) the projected growth and attrition
factors of the area construction industry in the near +~:ture;
(vii) available procedures to ensure that contractors, subcon-
tractors and others are provided with notice a'ld 8 full oppor'runity
to contest allegation of noncompliance; and (vlii) assurances
that the state or local government minority hi'ing and/or train,
in9 requirements are not intended and shall not be used to
discriminate against any aualified person on the basis of race,
color, religion, sex or n~tional oriqin. Stats and local govern-
ments are e~couraged: to participate-in the for'mulatioq and
implementation of federal minority hiring and/or training plans
consonant with the aforementioned criteria in a.'eas currently
without such plans; to enforce their fair employment practices
laws with respect to acts of discrimination affectino federally
assisted construction; and to assist the administering federal
agency in monitoring the compliance of 'contractors and subcon-
tractors performing on fedsrally assisted projects. For purposes
of this subparagraph, ssistant Secretary" me~ns the Assistant
I1~ ~
Secretary for Employment Standards or his designee.
9. The Sponsor wlll send a copy of all invitations for bids, advertised
or negotiated, for concessions or other businesses at the airport
to the appropriate Office of Minority Business Enterprise'(OMBE)
representative as identified by the FAA Regional Civil Rights Office.
Standard Special Ccnditlcn - Form Pa~e e (1/77)
.
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Page 9 of 14 pages
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
informatlon is dlsclosed and made available to other organizations
or firms. Responses by minority firms to Invitations for bids
shall be treated in tt~e same n~anner as all other responses to the
invitations for bids.
Co~ptlance with the preceding paragraph will be deemed to constltute
compliance by the Sponsor with requirements of 49 CFR 21 Appendix
C(A)(1)(X), Regulations of the Office of the Secretary of Transpor-
tation.
10. tt is understood and agreed that the Sponsor will provide for FAA
employees adequate parking accommodal'ions satisfactory to the
Administrator at all FAA technical facilities (Air Navigation 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 official vehicles
of the FAA (government and privately owned when used for FAA business)
necessary for the maintenance and operation of the FAA facilities on
the airport. Such land shall be adjacent to the facilities served.
11. It is understood and agreed that the Sponsor shall cor~ply with
the revised Admlnls~ration requirements to FAR Part 152 as set
forth in the May 31, 1974, issue of the Federal Reg,~ter, Volume
39, No. 106. It is further agreed that the Sponsor shall comply
with the assurances contained in FAA Form 5100-100.
12. IT is understood and agreed by and between the parties hereto that
pursuant to FAR Part 152, Section 152.64, the FAA ~ay by '~ritten ''
notice terminate or suspend this Grant in whole or in part, or
withhold ~ayment if it finds that the Sponsor has f2iled tc comply
with any of the terms or conditions of the Grant or if it flnds
that continuation of the project would not produce beneficial resu!ts.
13. It is understood and agreed by and between the parties hereto that
the Sponsor shall comply with ~he reporting requirements set forth
in FAR Part 152, Section 152.66.
14. Assurance Number 18 of Part V of the project application Incorporated
herein ls amended by including at the end of the second sentence the
following language:
"including the requirement that (A) each alr carrier,
aulhorized to engage directly in air transportation
pursuant to Section 401 or 402 o~ ~he Federal Avlation
Standard Special Condition - Form Page f (5/77)
PagelOof14 pages
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 Dassenaer 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-base 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 (^) above, shall not
reGuire the reformation of any lease or other contract
entered into by a sponsor before July 12, 1976; Provision (~)
above, shall not require the reformation of any lease
or other contract entered into by a sponsor before
July 1, 1975."
15. It is understood and agreed that no part of the Federal share of
an airport development project, for which a arant is made under
the Airport and Airway Development Act of 1~70, as amended (49 U.S.C.
1701 et sea.), or under the Federal Airport Act, as amended (49
U.S.C. 1101 et seq.), shall be included in the rate base in estab-
lishing fees, rates, and charges for users of the air¢ort.
16. This project and all work performed thereunder is subject to the
Clean Air Act and the Federal Water Poi lution Control Act. Accor-
dingly,
(a) The sponsor hereby stipulates that any facility to be utilized
in performance under the grant or to benefit from the arant
is not listed on the Environmental Protection ~gency (~PA)
List of Violating Facilities.
(b) The sponsor agrees to comply with all the requirements of
Section 114 of the Clean Air Act and Section 308 of the Federal
Water Pollution Control Act and all regulations Issued there-
under.
.(c) The sponsor shall notify the FAA of the receipt of any communi-
cation from the EPA indicating that a facility to be utilized
fcr performance of or benefit~from the orant is under considera-
tion to be listed on the EPA List of Vi~latin~ Facilities.
Standard Soecial Condition - Form Page g (1/77)
Page 11 of 14 Pages
(d) The Sponsor agrees that he will include or cause to be included
in any contract or subcontract under the Grant which exceeds
$100,000 the criteria and requirements in these subparagraphs
(a) through (d).
17. The Grantee agrees to effectuate the purposes of Section 30 of the
Airport and Airway Development Act of 1970, as amended, by assuring
t~at ~ninority business enterprises shall have the maximum opportunity
to participate in the performance of contracts financed in whole or
in part with Federal funds provided under this agreement. For the
purposes of this provislon, "minority business enterprise" means a
business enterprise that is owned by, or is controlled by, a socially
or economically disadvantaged person or persons. Such diSadvantage
may arise from cultural~ racial, religious, sex, national origin,
chronic economic circumstances or background or other similar cause.
Snch 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.
18. 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 payment
involving Parcels 1, 16, 17, 18, 19, 37 and 39 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 F~\ in and
to said Parcels (or any portion thereof for which grant payment is so~gh~
subject to no l~ens, 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.
19. The Federal Government does not now plan or contemplate the construction
of any structures pursuant to Paragraph 27 of Part V - Sponsor's Assuranc.
- of the Project Application dated August 28, 1978, and, therefore,
~t is understood and agreed that the Sponsor is under no obligation
to furnish any such areas or rights without cost to the Federal
Government 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 buildings for the activities
specified in such agreements.
20. By its acceptance hereof, the Sponsor covenants and agrees that with
respect to Parcels 1, 16, 17, 18, 19, 37 and 39 as shown on Exhibit "A",
it will clear any of said Parcels 1, 16, 17, 18, 19, 37 and 39 acquired
in fe~-~. of any existing structures, prior to final payment under the
project and that it will ?,either erect nor permit the erection of
Page 12 of 14 Pages
any permanent strt,ctures therein except those required for aids to
air navigation or those which may be specifically approved by the
FAA; further, ii' a lesser interest other than fee is acquired in
said Parcels 1, 16, 17, 18, 19, 37 and 39 the Sponsor agrees it will cleal
said Parcels 1, 16, 17, 18, 19, 37 and 39 of any existing structure or
any natural growth wich constitutes an obstruction to air navigation
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.
21. A. Pursuant to Sections 210 and 305 of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646);
Part 25, Regulations of the Secretary of Transportation, "Relocation
Assistance and Land Acquisition for Federal and Federally Assisted
Programs" (49 CFR Part 25, 40 F.R. 41041.); the Regulations; and other
applicable provisions of law -- the terms used in this paragraph to have
the meanings assigned to them under such Act and regulations:
1. Sponsor will provide fair and 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;
~. Sponsor will adequately inform the public of the relocation payment~
and servides which will be available under Subparts D, E, F, and G of sai~!
Part 25;
4. Comparable replacement dwellings 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;
6. Sponsor will adequately inform the public of the acquisition
policies, requirements, and payments which will apply to the project;
7. krhen 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:
Page 13 of 14 Pages
(a) Based on a current survey and analysis of available ~'
replacement t~ousing and in consideration of competing demands for that
hoL~sin.z, 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 pergons 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
p~'operty 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 s~ch displacement or acquisition, Sponsor represents and under-
takes as the case may be: (l) That such person has received or will
receive all the payments and has timely been or will be timely afforded
all the assistance and advantages that would have accrued to him under
the provisions of this paragraph 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 Spo~sor has timely performed
or will timely perform all acts that would have been or would still be
required of tl~e Sponsor had the assurances of this paragraph been
applicable at the times identified in this paragraph.
C. That thc Uni. tcd States shall not make nor be obligated to make
any payment herehmder 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 ~he pertinent and applicable provisions, limitations,
and c~nditions contained in the ]aws and regulations referred to in
this paragraph.
Pagel4of 14PagC~
-I'llc Sponsor's acceptance of tills Offer and ratification and adoption of the Project Applicatio~
incorporated l~ercin sl~all be evidenced bk' execution of tl~is instrument by tl~e Sponsor. as herein-
alter provided, a~d said Offer and Acceptance sl~all comprisea Grant Agreement, as provided
the ,\i~port and :\irway Dev?lopment ,Act of !o?0, constituting the obligations and rights of thc
United States and tt~e Sponsor witl~ respect to ~he accon~plishment of the Project and tl~e or)eratio~
and maintenance of the Airport. Such Grant A=neement shall become effective upon the Sponsor':
acceptance of ti:is Offer and shall remain in fl~ll force and effect throughout tile useful life of thc
facil~tie~ developed under the Project bu.t in any event not to exceed twenty years from the date
of said acceptance.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
,.~ / ~,~STERN REGION
By. .... '~/"'~(TITLE)
Chief, Airports District Office, SFO-6L
Part Il-Acceptance
Tile Cir_y of Ukiah, California does I~ereby ratify and adopt all statements,
representations, warranties, covenants, and agreements contained in the Project Application and
incorp():-ated materials ~eferred to in tl~e foregoine Offer and does hereby accept said Offer and
by such .acceptance agrees to all of the temps and-conditions thereof.
l!xecuted this. day of
.................................................... ,19 ......
CITY OF UKIAH~ CALIFORNIA
(Name of Sponsor)
(SEAL}
By
Title
At test'
%tlc' '
CI!P, TI I-I('ATI! OF SPONSOR'S ATTORNEY
1 .................................... acting as Attorney for .City..o.g. Ukia, h,. ¢.a.],J,f. grn~.a.,...,
(herein referred to as tl~e "Sponsor") do hcrcoy certify'
T}~:~t ! h:2ve examined tl~e l'o~ceoing Grant Agreen:ent and the proceedings taken by said
Sponso: rel:lting tt~erett,, aIld l'I~d Ihut~ t}~..: .-\co:'ptance ti,,,.:reof by said Sponsor has been duly auth-
m-ized and tl~:,t tlic execulio~l tl~ereof is i~l all respects due and proper and in accordance with the
laws of ti~e State of. ..... California ............... and furtt~er that, in my opinion, said Grant
Agreement constitutes a legal and binding obligation of tile Sponsor in accordance with the terms
thereof.
l)a~ed at .............................. this ......... da.,,' of ................. ........... 19 ....
Title