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HomeMy WebLinkAbout78-14RESOLUTION NO. 78 14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING MAYOR AND CLERK TO sIGN FAA GRANT AGREEMENT (CLEAR ZONE ACQUISITION) 2 3 and WHEREAS, the City Council has approved a clear zone acquisition program, 4 WHEREAS, the Federal Aviation Administration has made a grant offer to 5 assist in this program. 6 NOW, THEREFORE IT IS HEREBY RESOLVED that the City of Ukiah shall accept 7 the Grant Offer of the United States of America in the amount of $170,010.00 8 for the purpose of obtaining Federal aid under Project No. 5-06-0268-02 in the 9 development of the Ukiah Municipal Airport; and 10 Theft the Mayor of the City of Ukiah is hereby authorized and directed to 11 sign the statement of Acceptance of said Grant Offer (entitled Part II - 12 Acceptance) on behalf of the City of Ukiah, and the City Clerk is hereby 18 authorized and directed to attest the signature of the Mayor and to impress 14 the official seal of the City of Ukiah on the aforesaid statement of Acceptance: 15 and A true copy of the Grant Offer referred to herein is attached hereto and made a part hereof. 18 PASSED AND ADOPTED this 20th. day of 19 following roll call vote: 1977 by the 20 AYES: Councilme:~ Brannon, ~,/ood, Feibusc?~, ~.oun~i'~.~,.~,~ ,xal o~- simpson 21 NOES: k{o ne 22 ABSENT: 23 ~4 ATTEST: 25 26 CITY CLERK None MAYOR 27 CERTIFICATE I, Hattie Tillotson, City Clerk of the City of Ukiah, California do hereby certify that the foregoing is a full, true, and correct copy of Resolution 29 No-78-14 adopted at a regular meeting of the Council of the City of Ukiah held on the 20th day of July, 1977, and that the same is now in full force ~0 and effect. IN WITNESS WHEREOF, I have hereunto set my hand and impressed the official seal of the City of Ukiah this °j.s-~ day of n ..... ,1977. 31 ..... ~ 32 City Clerk I DEPARTMENT OF TRANSPORTAT' ION Fr'DE. RAL. AVIATION ADMINISTRATION .. .. Part l-Offer Date of Offer July 7, 1977 ' ~i~ Municipal Project No. 5-06-0268-02 ~ntract No.. ....~T..F~7~-3939 Page I of 14 pages Airport TO' THE CITY OF UKIAH, CALIFORNIA ' (herein referred to as the "Sponsor") FROM: The United Stales of America (acting through the Federal Aviation Administration, hereh~ referred to as the "FAA") ~,~,q-IEREAS, the Sponsor I~as submitted to the FAA a Project Application dated · 'June 13, 1977 , for a grant of Federal funds for a project for c;.evelop. mcnt of the. Ukiah Municipal Airport (herein called tile " ' '" , A:rpor~ ) together with plans and specifications for such project, which Project Appiication, as zpprcved by tl~. FAA is hereby incorporated herein and made a part hereof; and WIIEREAS, [he FAA has approved a project for development of the Airport (herein c~Aied the · t' t'l "Project") cons~sdno of the fcliowing-described airport development: Land, clear zone, Runway 15, Parcel A (approx. 1/2 acre), Parcel B (approx. 1 acre), Parcel C (approx. 1 acre), and Parcel D (approx. 1/¢ acre) including relocation assistance (3 families) and obstruction removal. all as more particularly described in the property map and plans and specifications incorporated in the said P~oject Application; ' · I:'~,~ FOItI~I 5100-1'1 PO. ! {tO-Ill $UPr'-RS£OI;$.FAA FORM · PAGF- ! Page 2 of 14 Pages NOW, THEREFORE, pursuant to and for the purpose of carrying out the provisions of the ~irport and Airway D~elopment~Act of 1970, as amended (49 U.S.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 · provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport 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: -~~'~'~ .... 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 displacement 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 ~he costs in excess of $25,000, and (2) 90 percent of the costs incurred on account of any displace- ment occurring after June 30, 1972, on account of any acquisition of real property occurring after June 30, 1972; be 90 percent of all other allowable costs. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be (a) $40,500 for the cost to the Sponsor of providing payments and assistance for displaced persons under subparagraph a of the fore'going paragraph. (b) $129,510 for all other allowable project costs. 2. The Sponsor shall: begin accomplishmen~ of the Project within sixty (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~f the obligations of the United States hereunder by the FAA; Page 3 of 14 Pages (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 CFR 152) in effect as of .the date of acceptance of this Offer; which Regulations are herein-after referred to as the "Regulations''. (c) carry out and complete the Project in accordance with the plans and specifications and property m~p~_~inc~p~rated herein, as they may be revised"or modified with' the-~Pproval of the FAA. 3. The allowable costs of the project shal~ not include any costs deter- mined by the FAA to be ineligible for consideration as to allowability under Section 152.47(b) of the Regulations. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65-152.71 of the Regulations. Final determination as to the allow- ability 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 of the Regulations, 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 maintain the Airport as Provlded 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 facii.itles thereon will discriminate against · any person or class of persons by reason of race, color, creed or national .origin in the use of any of the facilities provided for the public on the aiport. 6. The FAA reserves the.right.to amend or'wi'thdraw'-~tKl§'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 July 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 contractor agrees as follows: (I) The contractor will not discriminate against any employee or applicant for employment because of'race, color, religion, sex or national origin. The contractor will take 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; recruitment 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 nondiscrimination clause. (2) The contractor will,'ln all solicitations or advertisements for employees placed by or on behalf of the contractor, Standard Special Condition - Form Page a (1/77) Page 5 of 14pages 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 representa- tive of workers with which he has a collective bargaining agreement or qther contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in con- splcuous 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 24 September 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permi~t access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncempliance 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 inelioible for further government contracts 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 2~ 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, reoulations, 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 respect to any subcontract or purchase order as the administering Standard Special Conditlon - Form Page b (1/77) Page 6 of' 1~, pages 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 ls 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 equal opportunity clause with respect to its own employment practices when it participates in federal.iy, 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 obtainina the compliance of contractors and subcontractors with the equa~ 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 informa- tion as they may require 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- .lng compliance. The Sponsor further agrees that'it 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 eliaibility 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 satisfac- tory assurance of furthec compliance Eas been received from the Sponsor~ or refer the case to the Department of Justice for appropriate legal proceedings. Standard Special Condition - Form Page c (1/77) Page ? of 14 pages (b) State and local governments intending to impose affirmative action hiring and/or training requirements on federally assisted constructlo? 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 Secretary for Employment Standards, determines that such requirements are inconsistent with the Order or incom- patible with the effective implementa~'ion~'f~the federal minority hiring and/ur training plan (either voluntary or imposed) in'the area. The state or local government ~ffirmative 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 Director may also request the state or local government to supply information and data necessary for his determination. The Director's deter- mination shall be communicated directly to the state or local governmental body by registered mail, return receipt requested, together, in the case of an adverse determination, with a noti- fication of its right to appeal to the Assistant Secretary. The Director's determination shall also be announced in a Federal Register 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 con- tractors, labor organizations, associations or other organizations· of construction trades contractors and/or labor organizations, and minority community groups, may appeal such determination to the Assistant Secretary by requesting a hearing within 21 days of the publication of the Federal Register notice. Follow- ing 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 recom- mended 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 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 8 of 14 pages Director's determination of their opportunty 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 judoe may deem appropriate in the circumstances. Within 80 days of the close'of the appeal period for requestin~ a hearinG, the ^ssis- rant Secretary shall make a final decision on the basis the record before him, which shall consist of the record for recommended decision, the rulings and ~ecommended 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 covernment 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 followin~ factors shall be Considered under this subparagraph: (i) the impact of the state or local government requirements on the successful implementation the federal plan in the area; (ii) the minority population in the area to be covered by the state or local ~overnment Dian; (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 ~rojected growth and attrition factors of the area construction industry in the near ~uture; (vii) available procedures to ensure that contractors, subcon- tractors and others are ~rovided with notice and a full oD~ortunity to contest allegation of noncompliance; and (viii) assurances that the state or local government minority hiring and/er train- ing requirements are not intended and shall not be used to discriminate against any ~ualified person on the basis of race, color, religion, sex or national origin. State and local Govern- ments are encouraged: to participate in the formulation an~ implementation of federal minority hirin~ and/or training plans consonant with the aforementioned'criteri'a in areas ~urrently without such plans; to enforce their fair employment practices laws with respect to acts of discrimination a~fectin~ federally assisted construction; and to assist the administeri~ federal agency in monitoring the compliance of contractors an~ subcon- tractors ~erforminG on federally assisted projects. For pur~ose~ of this subparagraph, ssistant Secretary" means the ~ssistant Secretary for Employment Standards or his designee. 9. The Sponsor will .§end 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 representative as identified by the FAA Regional Civil Rights Office. Standard Special Condition - Form Pa~e e (1/77) Page 9 of 14 pages The Sponsor will disclose and make Information about the contracts, contracting procedures and requirements available to the designated OMBE representat!ve and'minority fir~"on'the same basis that such Information is di'sclosed 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 ~ther responses to the Invitations for bids. . Compllance wlth the precedinq paragraph wlll be deemed to constitute compliance by the Sponsor wi~h requirements of 49 CFR 21 Appendix C(A)(1)(X), Regulations of the Office of the Secre~ry of Transpor- tation. 10. It is understood and agreed'that the Sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Administrator at ail 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 comply with the revised Administration requirements to FAR Part 152 as set forth in the May 31, 1974, issue of the Federal Register, Volume 39, No. 106. It is further aqr~ed 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 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 any of the terms or conditions of the Grant or if it finds that continuation of the project would not produce beneficial results. 13. It is understood and agreed by and between the parties hereto that the Sponsor shall comply with the reporting requirements set forth in FAR Part 152, Section 152.66. 14. Assurance Number 18 of Part V of the project.application incorporated herein is amended by including at the end of the second sentence the foliowlng language: "including the requirement that (A) each air carrier, authorlzed to engage di'rectl, y in air transportation pursuant to Section 401 or 402 of the Federal Aviation Standard Special Condltlon - Form Page f (9/77) Page ioof 14 pages Act of 1958, uslng 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 n6ntenants, 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-base operator usina a general aviation airpor, t shall be subj'ect 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 util.izing the same or slmilar facilities; provision (A) above, shall not require 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 grant is made under the Airport and Airway Development Act of 1970, 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 airport. 16. This project and all work performed thereunder is subject to the Clean Air Act and the Federal Water Pollution 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 grant is not listed on the Environmental Protection Agency (EPA) 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- catlon from the EPA indlc~ting that a facility to be utilized for performance of or benefit from the grant is under considera- tion to be listed on the EPA List of Violatlna Facilities. · Standard Special Condition - Form Page g (1/77) Page 11 of 14 pages (d) The sponsor agrees that he will~nclude 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 that minority 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.a . ~oses of thl~ provision, "minoritv bu~- .... ~[eeme~t.,, For the uuslness enterprise that ~ ...... ~ L ~ v~.~ ~n~erprlse-- means a ~o vw.~u uy, or is con or economically disadvanta~e~ ..... trolled by, a socially · ~ u F=~on or ersons · - may artse from cultural r~-' _ ,. . P · Such dtsadvanta e · . . , =~=~, retlgtous sex, national origin,g chronic economic circumstances or backgrou Such Jd or other similar cause. 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 payments involving Parcels A, B, C and D 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 Parcels (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 inter- ference 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 Assurances - of the Project Application dated June 13, 1977, 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 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 A, B, C and D, as shown on Exhibit "A" it will clear any of said Parcels A, B, C and D, acquired in fee of any existing structures, prior to final payment under the project and that it will neither erect ~Or 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 Page 12 of 14 Pages FAA; further, if a lesser interest other than fee is acquired in said Parcels A, B, C and D, the Sponsor agrees it will clear said Parcels A, B, C and D, of any existing structure or any natural growth which 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 Reloction Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646); Part 25, Regulations of the~ Secretary o£~Zransportation, "Relocation Assistance and Land Acquisition for Federal and Federally Assisted Programs" (49 CFR Part 25,.40 F.R. 41041)7 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; 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; 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 with respect to any acquisition of real property to which said Part 25 and this agreement apply; 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 real~istic and is adequate to provide orderly, timely,'and efficient relocation of displaced ~ndividuals and families to decent, safe, and sanitary.housing available to persons without regard to race, c~lor, religion, or national origin with minimum ~hardship to those affected. Page 13 of 14 Page B. With respect to every person who, was displaced or from whom real property was acquired after 1 January 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:' (1) 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 Sponsor has timely performed or will timely perform all acts that would have been or would still be required of the sponsor had the assurances of this paragraph been applicable at the times identified in this paragraph. C. 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 condition. D. That the United States shall not make nor be obligated to make any payment hereunder for land acquisition, or reimbursement for land acquisition, until the Sponsor has complied with the requirements of this condition. 22. It is hereby understood and agreed by and between, the parties hereto that the Sponsor will, with or without Federal participation, acquire, within three (3) years from the date of acceptance of this Grant Offer, or under the next project with Federal funds, whichever comes first, fee simple title or such lesser property interest as may be satisfactory to the FAA, in and to land required for a larger than utility nonprecision clear zone (500' x 1700' x 1010') for Runway 15 as shown on Exhibit A, Property Map, and in and to land required, for a larger than utility visual clear zone (500' x 1000' x 700') for Runway 33 as shown on Exhibit A, Property Map. i~c~',rporated l~crein sh~ll be ovid:need t~>' excc,~tion ()t' tl~is after provided, and said Offer a~]d Acccpla~cc s]~all c~prisc tl~e Airport a~d Airway Development 'Act of 1~70, coJlstitt~ti~lg tI~c obl',~:~iionS a~]d rip.['~s ~l' tl~e U~itcd States and tl~e Sl)onsor witlt respect to linc acco'n~p]ish~ncnt of tl~c [~r~jcct and n~aintenance of tl~e Airport. Sucl~ Grunt A~reeme~tt sl~all acceptance of this Offer and sl~nll - ,' t'r~l fl)fcc :~lcI effect tllr,~u -~cut tile ~lf:el'l~l I~:'c of the rClll,llil ill . Ihcilitlcs developed under the Prujcct but lx~ any event not to exceed iwcx~tv vcu)-s fro~ ",, date of said acceptance. L~'ITED STATI[S OF ANI[~RICA . ' T'~ES~ , . ............. ..... ..... .Chief; ~lirport District Office, S~0-600 Part II-Acceptance . The city of Ukiah, California does hereby ratify and adopt all statcn:cn~s, rcprcse;~[ations', warranties, covenants, and agreements contnincd lncor:)o~atcd materials rcf'er;'ed [o in ~i~e fo~'cgoing Ofl'c~' and does l~cruby acccl)[ aid C, ffc.[ and by such acccptance agrees to all of thc tzrnts a~d conditions ti~ereof. ~xccutcd this .................... ,. day of , 1~ ...... '(SEAL) Attest' · By THE CITY OF UKIAH, CALIFOR/,~IA (?';arno of Sponsor) Title ' Title' CERTIFICATE OF SPONSOR'S ATTORNEY I, ....................... . ...... 2' .... acting as Attorney for City of Ukiah, California (herein referred to as the Sponsor") do hereby certify .................................. ' That I have examined the fere~oi:lg Grant Agreement ap, d tile proceedings t2ken by said Sponsor relating tl~ereto, a~:d l'iPd that~the Acceptance tl~ereo( by said S6ot:sor l~as orized and that the execution tl~ereof is in al! respects dt~e and ~roper laws of tile State of California ............................... and fur[[~er [}Iai. in ~ny opi~ion, 5aid Grant Agreement constitutes a legal' a,:d bindin~ oblieation of the Sponsor in accordance wit]~ t}~c terms tl~ereof. ~ Dated at .............................. this. day of · Title FA~A FORM 5100-13 PG 4110-71) SUPERSEDES FAA FORM IG3Z PG 4 XR~.~.~,,.~ ~-"