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HomeMy WebLinkAbout1989-028 FAA Grant AgreementU.S. Department of Transportation Federal Aviation Administration Grant Agreement Part 1 - Offer Page 1 of 5 pages Date of Offer: March 31, 1989 Ashland Municipal Airport Ashland, Oregon Project Number: 3-41-0002-04 Contract Number: DOT-FA89NM-0013 To: The City of Ashland, Oregon (herein called the "Sponsor") From: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated November 30, 1988, for a grant of Federal funds for a project at or associated with the Ashland Municipal Airport which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Acquire land, parcel H; Reconstruct parallel Taxiway; all as more particularly described in the Project Application. FAA Form 5100-37 PG 1 (1-88) Page 2 of 5 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, 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 compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety (90) percentum of all allowable Project costs· This Offer is made on and subject to the following terms and conditions: Conditions The maximum obligation of the United States payable under this offer shall be $135,000.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose: $ 0.00 $135,000.00 for planning for airport development or noise program implementation The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. e The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. e The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. FAA Form 5100-37 PG 2 (1-88) 6o 0 Be 0 10. 11. Page 3 of 5 pages 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 April 30, 1989, or such subsequent date as may be prescribed in writing by the FAA. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal fUnds have been expended. For the purposes of this grant agreement the term "Federal funds" means fUnds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including fUnds recovered by settlement, order or judgment, to the Secretary. It shall fUrnish to the Secretary upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such fUnds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. Special Conditions It is understood and agreed by and between the parties hereto that the Standard DOT Title VI Assurances executed by the Sponsor on December 5, 1988, are hereby incorporated herein and made a part hereof by reference. The Sponsor shall provide for audit of the Project to be made in accordance with the Office of Management and Budget Circular A-128. It is understood and agreed that adequate property interest for parcel H shall be as determined by the Administrator. It is further understood and agreed that should there be a change in the land interests shown on the Exhibit "A" for parcel H a revised Exhibit "A" shall be submitted as part of the project closeout documentation. FAA Form 5100-37 PG 3 (1-88) Page 4 of 5 pages 12. 13. 14. 15. 16. The Sponsor agrees that all net revenue produced from real property purchased in part with Federal funds in the project shall be used on the airport for airport planning, development, or operating expenses, except that all income from real property purchased for noise compatibility purposes or for future aeronautical use as indicated on the Exhibit "A" for this grant shall be used only to fund projects which would be eligible for grants under the Airport and Airway Improvement Act of 1982. Income from noise or future use property may not be used for the Sponsor's matching share of any airport grant. Airport fiscal and accounting records shall clearly identify actual sources and uses of these funds. It is understood and agreed by and between the parties that 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 Parcel H as shown on the property map attached hereto and identified as Exhibit "A", 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 or interference with the use and operation of the airport, the United States will not make nor be obligated to make any payments involving Parcel H. The Sponsor agrees to request cash draw downs on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. It agrees that all program income produced from real property purchased in part with Federal funds in this grant received during the grant period shall be deducted from the total cost of that project for determining the net costs on which the maximum United States' obligation will be based. Airport fiscal and accounting records shall clearly identify actual sources and uses of these funds. It is understood and agreed that the Sponsor will comply with the requirements of 49 CFR Part 24, Uniform Relocation Assistance and Real Property Acquisition Regulations for Federal and Federally Assisted Programs; Final Rule and Notice, in the acquisition of all property in this project. FAA Form 5100-37 PG 4 (1-88) Page 5 of 5 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FI~ AVIATION .I~I~INISTI~TION .... David A. Field, Manager Seattle Airports District Office Part II - Acceptance The Sponsor do es hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. City of Ashland, Oregon / Sponsor's g Representative CERTIFICATE OF SPONSOR' S ATTORNEY I, , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Oregon· Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor· Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof· Dated at this~/~..t~day~f ~../]I~""C~ 19 · & ....... ~';,, ol· o'·, ~ · o Signature ct Sponsor's Attorney FAA Form BIOO-R7 PG ~ (1-88)