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HomeMy Public PortalAboutORD10485 i BILL NO. SPONSORED BY COUNCILMAN �1. ORDINANCE N0. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND DIRECTING THE MAYOR AND THE CLERK OF SAID CITY TO EXECUTE ON BEHALF OF SAID CITY A CONTRACT WITH THE UNITED STATES FEDERAL AVIATION ADMINISTRATION FOR A GRANT RELATING TO THE DEVELOPMENT OF THE JEFFERSON CITY MEMORIAL AIRPORT TO BE FUNDED UNDER ATP PROJECT NUMBER 3-29-0036-04 . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI AS FOLLOWS: Section 1. The Mayor and Clerk of the City of Jefferson, Missouri are hereby authorized and directed for and in the name of the City, to execute a written contract between the City of Jefferson, Missouri, and the United States Federal Aviation Administration for a Grant Offer dated August 26, 1985 , for the purpose of obtaining Federal Aid in the development of the Jefferson City Memorial Airport, to be funded as an Airport Improvement Program (AIP) Project No. 3-29-0036-04 , in the amount Of Two Hundred Two Than"and Two Fiume ra Pi ghi-fir jar l I a3:5 anA --ng ($202, 280.00 ) . Section 2. The City of Jefferson, Missouri does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application which is incorporated by reference in the said Grant Offer. Section 3 . The grant offer is to extend, mark and light (MITL) a partial parallel taxiway to Runway 26. Section 4 . This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed - 1 Approved '_ --� frl- 4 .---- ._ Pre in fficer ay 6r' ATTEST: .Q-eCD+ City Clerk Page 1 of 6 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT ' Part 1 .4fr Date of Offer AUG ? 6 n85 Jefferson City Memorial Airport/Planning Area Project No. 3-29-0036-04 Contract No. DTFA09-$5 A-40058 TO: The City of Jefferson, Missouri (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") Ash WHEREAS, the Sponsor has submitted to the FAA a Project Application dated May 6, 1985, for a graut of Federal fuu.ds for a project at or associated with the Jefferson City Memorial Airport/Planning Area which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved s project for the Airport or Planning Area (herein called the "Project") consisting of the following: Extend, mark and light (MITI) partial parallel taxiway to runway 26 (930" x 35'), including grading and seeding, all as more particularly described in the Project Application. FAA Form 5100-37 (8-84) Page 2 of 6 pages ' A NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, herein called the "Act,9° and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponeor'a 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 an 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 percent (902) thereof. This Offer is made on and subject to the following terms and conditions: Con itim 1. The maximum obligation of the United States payable under this offer shall be $202,280. 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- for planning $ -0- for land acquisition $202,280 for airport development or noise program implementation (other than land acquisition). 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Unless otherwise stated in this Grant Agreement, any program income earned by the sponsor during the grant period shall be deducted from the total allowable project costs prior to making the final determination of the United States share. 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 costa. 4. 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. FAA Form 5100-37 (8-84) Page 3 of 6 pages a 5. The FAA reserves the right to amend or withdraw this offer at any time Alk prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before September_20. 1985, or such subsequent date as may be prescribed in waiting try the FAA. 7. 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 expende6. 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. 8. 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, and the sponsor shall hold the United States harmless from all claims arising from, or related to, completion of the project or the sponsors continuing compliance with the terms, conditions, and assurances in this Grant Agreement. 9. The Sponsor shall provide for audit of this grant project in accordance with Office of Management and Budget Circular A-128. 10. By letter submitted in connection with this project, the Sponsor has acknowledged awareness of the cost of operating and maintaining the airport lighting system and agreed that said lighting system would be operated each night of the year and all other times when operationally required, or in accordance with a plan approved by FAA. Said letter is herewith incorporated by reference. 11. It is understood and agreed by and between the parties hereto that any reference herein or in the aforesaid Application for Federal Assistance, dated May 6, 1985, to plans and/or specifications shall refer to the plans and/or specifications as approved by the FAA on August 23, 1985. FAA Form 5100-37 (8-84) Fagg 4 of 6 pages t , 12. It is understood and agreed by and between the parties hereto that the Aft United States shall make no payment which could cause the aggregate of all payments under this project to exceed 90 percent of the estimated United States share of the total estimated project costs, excluding contingency items, or 90 percent of the maximum United States obligation stated in this Grant Agreement, whichever is lower, until leases and agreements at the airport covered by this Grant Agreement have been submitted to, and determined unobjectionable by, the FAA. 13. It is further understood and agreed by and between the parties hereto, that the United States shall make no grant payment hereunder until the Sponsor has submitted title evidence satisfactory to the FAA that it currently holds satisfactory property interests in and to the existing airport property as depicted on the Exhibit A Property Map. Sueci.al Assurances The following special assurances are added to Part .9 .Assurances attached to this offer: 31. Pursuant to fart 9, Assurances, of the Project Application, the Sponsor hereby covenants and agrees to furnish the Federal Government, without cost, within 4 months after written request therefor, such estates or interests in such lands or rights in buildings as are deemed necessary by FAA for the construction and operation on the airport of the structures or facilities set forth below, provided the respective areas of land and/or buildings deemed adequate by FAA for such purposes are available without the necessity for removing or relocating other facilities and are within the geographic boundaries of the airport at the time request therefor is made by the FAA; together with rights of ready access in and to such areas or buildings for construction, occupancy and use and the right to connect to existing utilities and to be furnished the utility services required to the extent of available capacity at no more than prevailing rates. The facilities or structures involved and the maxincum area of land or rights in buildings which the Sponsor is obligated to furnish for each,, are as follows: facilities - visual approach slope indicators and medium intensity approach lights with runway end indentification lights area - to be determined by FAA criteria However, it is agreed and understood that the rights of the United States to cost-free areas obtaimed under unexpired Grant Agreements with the Sponsor are extended for 20 years from the date of this Grant Agreement. Furthermore, the responsibility for paying the 'cost of relocating any facilities located in such cost-free areas shall be made in accordance with Advisory Circular 15015300-7B, FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes. FAA Form 5100-37 (8-84) Page 5 of 6 pages 32. Pursuant to Part V Assurances, the Sponsor hereby covenants and agrees that it will, »ith respect to any estates or interests in land or rights in buildings currently being furnished by Sponsor as sites for air navigational aids without cost to the Federal government, continue to so provide such estates, interests or rights without cost for a period equal to the useful life of the facilities developed under this project, not to exceed 20 years froffi the date of execution of this Grant Offer, unless the instruments which convey the interests or rights provide a longer term, in which case the provisions in said instruments will govern. FAA,Form 5100-37 (8-84) Page 6 of 6 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, ao 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 FEDERAL AVIATION A INISTRATION (Name) (Title) Munn e • it s Division, Centr a ion Part IT_ Acceptance The Sponsor does 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. Executed this I,Zk day of , 19,0.!5r.- CITY OF JEFFERSON. MISSOURI (Name of Sponsor) 40 %C By. •� --_ (SEAL) pon r Designate Offici 1 Title Repr sentative) Attest: �� Title: COY __9k CERTIFICATE OF SFONSO42'S ATTORNEY 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 Missouri. 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 t of. Dated at A'e^��,�„_a?�' � , this �'tf, day • of ��.�a���. . ,. 19 Signature of Sponsor's Attorney FAA Form 5100-37 (8-84) • , OMB Approval No.0348-0004 (FEDERAL. ASSISTANCE 2.CANS a NUMBER 3. APPS a.NUMBER APPU- CATION ' 1. TYPE CATION IDENTI- L7 NOTICE t INTENT(6`iPT{ONAU IDENT{- b.DATE FIER b. DATE - -- IS`' t Year month da KOTE TO BF. ASSIGNED Yrvtr month day (AOarJt op, CJ PREAPPLicA1'ION y ASSIONI=M prq-k m ® APPLICATION 19 8 5 0 5 0 BY STAT11 19 ,Leant 4. LEGAL APPLICANT/RECIPIENT 5. EMPLOYER IDENTIFICATION NUMBER(EIN) °L APPkent Nam City of Jefferson 44-660_mil:1,93 b.OgPnI *mUnit D.O.T. , Memorial Airport 6. PRO-c.Stre® P.O.B" 320 East McCarty .Street GRAM s NUMBER 2 d.CKY Jefferson City 0•cmm Cole mCFDA1 f.Stab Missouri @'Z{PCotls. 651`01 (Fro MULTIPLE❑ tLCoixactPenw(Name Martin A. Brose, P.E. b. TITLE Airport & Airways ArelgAmeNa) 314 634-6466 Improvement Program 7. TITLE OF APPLICANrs PROJECT(use section IV of dhis furm to provklo a ratmmary description of the 8. TYPE OF APPLICANT/RECIPIENT tic+.) Extend mark and light MITL "�°"" `-C&- 1Ou COMAQM 9 ( � partial e-,maa4o. ,.-�«.,,,,,�n„�,,,�, parallel taxiway to Runway 26 (approximately �, "` 770' x 351 ) � "�"" ). F-.SUecd DIAWa Enter appropriate letter 9.AREA OF PROJECT IMPACT(Names of avtitx tosruirL stater eu.) 10.ESTIMATED NUMBER 11. TYPE OF ASSISTANCE State of Missouri, Jefferson City, OF PERSONS BENEFITING 6-&"AwanW Grard EE Cole & Callaway Counties 1 100,000 c-tom A111e 111 . rerrMrJ 11 PROPOSED FUNDING 13. CONGRESSIONAL DISTRICTS OF: 14. TYPE OF APPLICATION -- A-.Nma C-WAsim E-M 7n rmn an FEDERAL 3 .04' a APPLICANT b. PROJECT 11-1wwwW o-c" wasoA Enter a yntkarm b.APPLlCAmT 13, 375 •00 8th Missouri 8th Missouri 17.TYPE of CHANGE(For rF or 144 / STATE oo 15. PROJECT START 18. PROJECT � e•-owe*wDaft. DATE Year msanrh day DURATION p Durawawn N jA Durcam d.Locau. .O:D - a.onfER �i_ t9 85 08 201 3 R�oA is EnfW ,,. (� 18. DATE DUE TO Year month day � o/� E TOW i s 13 3, 755 a9 i FEDERAL AGENCY 19 19. FEDEM AGENCY TO RECEIVE REQUEST FAA, Central Region 20.EXISTING FEDERAL GRANT IDENTIFICATION NUMBER a.ORGANIZATIONAL UNIT(IF APPROPRIATE) b.ADMINISTRATIVE CONTACT(IF KNOWN) Airports Division Wm. Jack Sasser o• ADDRESS 601 East 12th Street 21. REMARKS ADDED Kansas City, Missouri 64106 Yes El-No 22. To the best of my knowledge and belief, a. YES,THIS NOTICE of INTENT/PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE THE data in ttus preapplicetion/application EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: APPLICANT ate true and correct,the document has DATE CERTIFIES been duty authorized by the governing THATr► body of Uie applicant and the aWicant will compty with the attadiedassu rances b. NO,PROGRAM IS NOT COVERED BY E.O. 12372❑ il the assistance is apprwod. OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW ❑ 23. a TYPED NAME AND TITLE �- b. SIGNATURE RPTTI ING Martin A. Brose, P.E. , Director _��,-�. sENTATIVE Department Of Trans Ortai:ion / /;�:,7,./"7 /�• - - 24.APPLICA- Year month day 25. FEDERAL.APPUCAY{ON IDENTIFICATION NUMBER 126. FEDERAL GRANT IDENTIFICATION PION RECEIVED 19 27. ACTION TAKEN 28. FUNDING Year month day 30• Year month dare 0 a. AWARDED STARTING �'13 b. REJECTED 29. ACTION DATEa. _ 19 _ DATE 19 _ a FEDERAL 11 .00 31. CONTACT FOR ADDITIONAL INFORMA- 32. Year month date 0 C. RETURNED FOR TION Mame and telrphonr number) ENDING AMENDMENT b. APPLICANT .00 DATE 19 d. RETURNED FOR C. STATE 00 E.O.12372 SUBMISSION 33. REMARKS ADDED BY APPLICANT TO r.. LOCAL 00 STATE 0 e. DEFERRED e. OTHER .00 ` 01. WITHDRAWN f. TOTAL 3 .00 Yes ❑ No NSN 7540-01-0489162 424-103 STANDARD FORM 424 PAGE 1(Rev.4-84) PREVIOUS EDITION prescribed by OMB Cirrular A-102 IS NOT USABLE DJACH AND,ASNECFWRY,—STAPLE T ABOVE SHEET. sltcrrold,rv;REMARKa�P�nlww�u the r Jc�,v�e�sroao�r Siam slrct/Manu�.��o.N�.r�.,opNameal.) The extended taxiway to Runway 26 will alleviate aircraft holding orb Runway .12 which is a safety hazard. STANDARD FORM 424 PAU 2(REV.4.64)• U.S.DEPARTMENT OF TRANSPORTATION FEDERAL.AVIATION ADMINISTRATION OIAO NO. 60-nos$4 PART 11 PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, Name of Governing Body— regional, or other priarity rating? Priority Rating Yes XX No Item 2. Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? Board `Yes. &No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? The proposed project has been reviewed by the State & Regional Yes_2LIL No Clearing Houses. Item 4. Does this assistance request require State, local, Name of Approving Agency Mid—MO Council of regional or other planning approval? Date_ _ Governments- -_Yes_',._No em 5. Is the proposed project covered by an approved Check one: State 0 comprehensive plan? Local Mi Regional XX Yes-- No Location of plan _JeflPerson City, Missouri. Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Yes No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land____. (—Yes XX —No Percent of Project Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided. Yes. XX No Item 9. Number of: Will the assistance requested cause the displacement of Individuals individuals families, businesses, or farms? Families Businesses No Farms Abern 10. there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. Yes __XX_.-. No FAA Form 5100.100 (6-731 SUPERSEDES FAA FORM SIW-10 PAGES 1 TNRU 7 r� �lAw— Page 2 U.>l;. DEPARTMENT OF TRANSPORTAtM•FEMAL AVIATION ADMINISTRATION OMB NO.04-1140209 PART H -SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use.—The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The Jefferson City Memorial Airport lies mainly within the city limits of Jefferson City. The Jefferson City Council has passed an airport Zoning Ordinance to protect the airport and land adjacent thereto. Clearzone easements are being obtained or have been acquired where necessary. The Airport is also adjacent to Cedar City, Cole and Callaway County. Jefferson City is the only government body having the power to zone and regulate growth. Mutual agreements by the other governing bodies to control usage on private land development to their limitations will insure the �_ppotential for airport growtY� 2. Dofaults.The Sponsor is not rn default on any o rigation td the United States or any agency of the United States Govern- ment relative to the development,operation,or maintenance of any airport,except as stated herewith: 3. Possible Disabilities.-There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Pro'ect or carry out the provisions of Part V of this Application,either by!uniting its legal or financial ability or otherwise,except as follows: 4. Land.—(a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit"A ate character of property interest in each area and list and identify for each all exceptions,encumbrances,and adverse interests very kind and npture, including liens, easements, leases, etc. The separate areas of land need only be identified here by the to numbers shown on the property map. FAA Form 5100-100 toast Paus 3sr U.S, DEPARTMENT OF TRANMRTATION-FEDERAL AVIATION ADMINISTRATION OMB NO.04-1010200 PART II • SECTION C(Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable. time,-but in any event prior to the start of any construction work under . the l ro)'ect, the following nti property interest in the following areas of land* on which such construction work is to be performed, all of which areas are idefied on the aforementioned property reap designated as Exhibit"A": N/A �c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the roject, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project,all of which areas are identified on the aforementioned property map designated as Exhibit"A": S. Exclusive Riggtits.—There is no grant of an exclusive right-for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None 'State character of property interest in each area aT nd list and identify for each all exceptions,encumbrances,and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the rea numbers shown on the property reap. FAA Form 5100-100 (4.761 Pegs 3b FAA AC 514*913 11111 illial ill', ii ii;iil ::I Y DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION ADMINISTRATION ak+e Ho. 60•A0144 ' PART III - BUDGET INFORMATION - CONSTRUCTION _ f SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No. ... . . . . . . . . . . 2. Functional or Other Breakout . . . . . . . . . . . . . . . . . . . . .------ SECTION Q - CALCULATION OF FEDERAL GRANT Use only for rovisions Total Cost Classification Amount Latest Approved Adjustment Required Amount +or H 1. Administration expense S $ $ --- 2. Preliminary expense 3. Land„structures, right-of-way 4. Architectural engineering basic fees 6, 810.00 5. Other architectural engineering fees ___ 6. Project inspection fees 5, 400.00 7. Land development I S. Relocation Expenses ' 9. Relocation payments to Individuals and Businesses --- 10. Demolition and removal — 11. Construction and project improvement 121 545.00 12. Equipment --- 13. Miscellaneous --- 14. Total(Lines 1 through 13) 1338755. 00- 15. Estimated Income(if applicable) ___ 16. Net Project Amount (Line 14 minus 15) 133, 755 .00 17. Less: Ineligible Exclusions ___ 18. Add: Contingencies --- 19. Total Project AmL(Excluding Rehabilitation Grants) 133, 755.00 20. Federal Share requested of Line 19 120, 380.00 21. Add Rehabilitation Grants Requested(100 Percent) --- 22. Total Federal grant requested(Lines 20&21) 120, 380.00 23. Grantee share 13, 375.00 24. Other shares --- 25. Total project(Liries22, 73&24) $ S S 133, 755.00 FAA Form 5100-100 (6 73) SUPERSEDES FAA FORM 5100-10 PAGES t THRU 7 Pogo 4 EPARTMENT OF TRANSPORTA`i-:A FEDERAL AVIATION ADM1 S11 TRAT OM6 NO. 40-MO184 SECTION C — EXCLUSIONS Claseif iCOfion lrolipiblo for Excluded from Participation contingency Provision 2 b. C. d. e. g. Totals SECTION D -- PROPOSED METHOD OF FINANCING NON-FEDERAL. SHARE 27. Grantee Share S a. Securities - b.Mortgages c.Appropriations(By Applicant) From existing Airport Fund Cash on Hand 13, 375.0 d. bonds e. Tax Levies t. Non Cash g,Other(Explain) h. TOTAL—Grantee share 13,375.0( 28. Other Shares a.State b.Other c.Total Other Shares 29. TOTAL S 13 -3-7 5 SECTION E — REMARKS FART IV PROGRAM NARRATIVE Attach — See Instructions FAA Farm 5100.100 f6-731 SUPERSEDES FAA FORIA 6100-10 PAGES t THRU 7 Page 5 PART y ASSURANCES Airport and Planning Agency Sponsors ' A. lien_ erel. 1. These assurances shall be complied with in the performance of the following grant agrceementsa a. Airport development, airport planning, and noise program implementation grants to airport sponsors. b. Integrated airport system planning grants to planning agencies. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of the Airport and Airway Improvement• Act of 1982 or the Aviation Safety and Noise Abatement Act of 1979. A sponsor may be a public agency with control of as public-use airport or It or may be a private owner of a public-use airport (hereinafter referred to as "privates sponsor".) 3. These assurances also are required to be submitted as part of the project application by a sponsor which is both a public agency and a planning agency requesting funds for integrated airport system planning under the provisions of the Airport and Airway Improvement Act of 1982. AMIL 4. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability 1 . Airport Development or poise ProMram Implementation Projects undertaken by a public agency (airport sponsor) . The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise program implementation project, or throughout the useful life of the project items installed within a facility under a noise program implementation project, but in any event not to exceed twenty (20) years fftm the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurance against exclusive rights or the terms, conditions, and assurances with respect to real property acquired with Federal fwads. Furthermore, the duration of the Civil Rights assurance shall be as specified in the assurance. 2. Airport Development or Noise Program Implementation Projects undertaken by a privates nsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a Facility or the useful life of facilities developed or equipment acquired under an airport Aft development or noise program Implementation project shall be no less than 10 years from the date of the acceptance of Federal aid for the project. FAA Form 5100-100 (8-84) 2 .. 3. Airport Planning undertaken by a sponsor. Unless otherwise specified In the grant agreement, only Assuranoen It 2, 3, 59 6, 131 18, and 30 in Section C apply to planning projects. The terms, conditions and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and oertifies, vrith respect to this grant that: 1 . General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the followings Federal Legislation a. Federal Aviation Act. of 1958 - 49 U.S.C. 1301 , et sue. b. Hatch Act - 15 U.S.C. 15019 pt t&. 2/ e. Federal Fair Labor Standards Act - 299 U.S.C. 201 , et se . d. Davis-'bacon Act - 40 U.S.0 276(a) , 2t sue. 1/ e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Tit-les II and III, 42 U.S.C. 4621-4655, 1/ 2/ f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f) . 1/ g. Archeological and historic Preservation Act of 1961 - 16 U.S.C. 461 , tt set. .1/ h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4001, note. 1/ I. Rehabilitation Act of 'i973 - 29 U.S.C. 794. J. Civil Rights Act of 1964 - Title V1 -• 42 U.S.C. 2000d, at sew. k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. 21019 It sue. 1. Age Discrimination Act of 1975 - 42 U.S.C. 61010 et se . m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151 , et. M&. q/ n. Airport and Airway Improvement Act of 1982 - 49 U.S.C. 2201 , It pa o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 42 U.S.C. 8373. 1/ p. Contract Bork flours and Safety Standards Act - 40 U.S.C. 327, et, se„q. i/ q. Copeland Kickback Act - 18 U.S.C. 874. 1/ r. National 2nvirommntal Policy Act of 1969 - 42 U.S.C. 43219 at pn. 1! S. Endangered Species Act - 16 U.S.0 668(x), It Rej. 1/ I/ These laws do not apply to planning projects. 2/ These laws do not apply to private sponsors, FAA Form 5100-100 (8-84) 3 Executive Orders Executive Order 123720 Intergovernmental Review of Federal. Programs. . Federal Reg lati4jns a. 49 CFR Part 21 ,- Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. b. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. c. 49 CFR Part 25 - Reloomtion Assistance and Lend Acquisition for Federal and Federally Assisted Programs. d. 29 CFR Part 1 - Procedures for Predetermination of Wage Rates. e. 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Works Financed in Whole or Part by Loans or Grants from U.B. f. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construotion. g. 49 CFR Part 27 - Non-Oi.scriminat•ion on the Basis of Handicap in Programs and Aotivities Receiving or Benefiting from Federal Financial Assistance. h. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted Contracting Requirements) . 1. 14 CFR Part 150 - Airport Noise Compatibility Planning. J. Reserved. Office of Management and Budget Circe a. A-87 - Cost Principles Applicable to Grants and Contracts With State and Local Governments. m b. A-102 - Uniform Requirements for Assistarjoe to State and Local Governments. e s OMB Circulars A-87 and A-102 contain ,requirements for state and local governments receiving Federal assistance. Any requirement levied upon state and local governments by those FAA Form 5100-100 (8-84) • two circulars shall also be applieaable to private sponsors receiving Federal assistance under the Airport and Airway Improvement Act of 1982. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the ,grant agreement. 2. ReNnnsibility__and_ _AuthoriU of the S nsor. a. Public ,Ag�ency Sponsori It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings end assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsort It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative, and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with the application; and to provide such additional Information as may be required. 3. Sponsor Fund AvailA_ilitX. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and _ maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or wall give assurance satisfactory to the Secretary that good title will be acquired. For noise program implementation projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. S. Preserving Rights and Powers. ta. It will not take or permit any action which would operate to deprive It of any of the rights and powers necessary to perform any or all of the terns. conditions, and assurances in the grant agreament FAA Form 5100-100 ($-64) without the written approval of the 5eoretaryp and will act promptly to aoquirep extinguish or modify any outstanding rights or claims of right of others which would interfere with suoh'performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for, a noise program implementation project, that portion of the property upon which Federal funds have been expended* for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible wider the Airport and Airway Improvement Act of 198E to assume the obligations of the grant agreement and to have this power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transfereep all of the terms, conditions, and assurances contained in this grant agreement. o. For all noise program implementation projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise program implementation project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government there iz substantial non-compliance with the terms of the agreement. d. For noise program implementation projects to be carried out on privately owned property, it will enter �nto an agreement with the owner of that property which includes previsions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure Viat the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated 'atnd maintained in accordance with the Airport and Airway Improvemnt Act of 19+82p the regulations and the terms, conditions and aaauranoes in the grant agreement and shall Insure that such arrangement also requires compliance therewith. FAA Form 5100-100 (8-84) a 6 6. Conaist+engy with Local Plans. The pivjeot is reasonably consistent Ash with puns (existing at the time of submission of this application) of public agencies that are authorized by the State in which the pxrojeet is located to plan for the development of the area surrounding the .airport. For noise program implementation projects, other than land aoquisitionv to be carried out on property not owned by the airport and over which property another public agency has land use control or authority, the sponsor small obtain from each such agency a written declaration that such agency supports the project and the project is ` reasonably consistent with the agency's plans regarding the property. 7. Consideration off° Local Intel. It has given fair consideration to the interest of communities in or near which the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under the Airport and Airway Improvement Act of 19329 it has undertaken reasonable consultations with affected parties using the airport at which the project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with the goals and objectives of such planning as has been carried out by the community. It shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. 19. Air and Qualit, Standards. In projects involving airport location, a major rany;ay extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and sphere applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Local Approval. In projects involving the construction or extension of any runway at any general aviation airport located astride a line separating two counties within a single state, it has received approval for the project from the governing body of all villages incorporated under the laws of that state which are located entirely within five miles of the nearest boundary of the airport. 12. Terminal. Development Prerequisites. For projects which include terminal development at a public alt-port, it has, an the date of submittal of the project grant application, all the safety equipment FAA Fora 5100-100 (8-84) 7 ' required for certification of such airport under sanction 612 of the Federal Aviation Act of 1958 and all the security equipment aregGired by rule or regulation, and has provided for access to the passenger enplaning and deplaning, area of such airport to'passengers enplaning or deplaning from aircraft other than air c crier aircraft. 13. Accounting System. Audit, and Recordkeeping Requirements-. - a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount and nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the U.S. General Accounting Office publication entitled Guidelines for Financial and Compliance Audits of Federally Asaisted Programs. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grunt. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than 6 months following the close of the fiscal year for which the audit was made. 14. Minimum Wye Rtes. It shall include:, in all contracts in excess of $29000 for work on any projects funded under the grant agreement -which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Tabor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a--276a-5)9 which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veterans Preference. It shall include, in all contracts for work on any projects funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam ors and disabled veterans as defined in Section 515(c)(1) send (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the Ind4viduals acre available and qualified to perform the work to which the employment relates. FAA Form 5100-100 (8-84) 8 16. Conformity to plans and Sv2o1f1cations,. It will execute the project subjeot to plansd specifications, and scheduler approved by - the S%scretary. Such plans, specifications, and schedules shall Ae submitted to tho Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval by the Secretary, shall be incorporated into this grant agreement. Any modifications to the approved plans, specifications, and schedules shall also be subject to approval by the Secretary and - incorporation into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms with the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction cork on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projectsr a. It will execute the project in accordance with the approved program narrative contained in the project application or with modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the Bright to disapprove the Sponsor's employment of specific consultants and their suboontraotors to do all or any part of this project as well as the right to disapprove the proposed mope and cost of professional services. ® FAA Form 5100-100 (8-84) 11 ' e. Each air carrier using such airport (whether as a tenant, nontenant, , or subtenant of another air carrier tenant) shall be subjeot to such nondiscriminatory and substantially comparable rules, rdgulations` conditions, rates, fees9 rentals, and other,oharges 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. Classification or status as tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not lighted to maintenance, repair, and fueling) that it may choose to perform., g. In the event the sponnor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or ooneessionaires of the sponsor under these provisions. h. The sponsor may establish such fair, equal, and not unjustly dis- criminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. 1. The sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the :airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of r the airport by any persons providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: (1) It would be unreasonably costly, burdensome, or impractical for more than one fined-based operator to provide such services, and (2) If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airpes°t. It further agrees that it will not, either directly or indireotly, grant or permit any person, firm or corporation the exclusive right at the airport, or at any other airport now owned or controlled by it, to oonduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and FM Fors 5100-100 (8-84) 9 l�RXllafl� 9 g. It will grant the Secretary the right to disapprove the use Aft of the oponsor's employees to do all or any part of the project. he It wnderrtands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or comitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. It will suitably operate and maintain the airport and all facilities thereon or connected therewithp with due regard to climatic and flood conditions. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the united Statesp shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federalo state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interefere with its use for airport purposes. In furtherance of this assuranoev the sponsor will have in effect at all times arrangements for-- (1) Operating the airport's aeronautical facilities whenever AMNL required; (2) Promptly marbling and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snowo flood or other climatic conditions interefere with such operation and maintenance. Further9 nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of Clod or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise program implementation Items that it owns or controls upon which Federal funds have been expended, FAA Form 5100-100 (8-84) 10 20, Haza�rd Removal and llittEation. It will. adequately clear and protect qP the aerial approaches to the airport by romoving, lowering, relocatinga marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport .hazards. 21. Compatible Land Else. It will take appropriate action, including the adoption of zoning lams, to the extent reasonable, to restrict the use of land adjacent to or in the i=edimte vicinity of the airport to activities and purposes oompaatible with normal airport operations, Including landing and takeoff of aircraft. In addition, if the project Is for noire program implementation, it will not cause or permit any change in land usae, within its jurisdiction, that will reduce the eompatibilitye with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make its airport available as an airport for public use on fair and reasonable terms and without unjust disorimination, to all types, kindae and claasscas of aeronautical uses. b. In any agreements contract, lease or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor— (1) to furnish said servico$ on a fa;iir, equa$1, and not unjustly discriminatory basis to all users thereof, and (2) to charge faxir, reasonable, and not unjustly discriminatory prices for arch unit cc servica, provided, that the contractor may be allowled to make reasonable and nondiscriminatory discounts, rebastaas, or other similar types of price reductions to volume purchasers. o. Each fixed-based operator at any airport owned by the sponsor shall be subject to the same rates, feese. rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. FAA Form 5100-100 (8-84) 12 , Ad WA sightseeing, aerial photography, orop dustings aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not oonduoted`in conjunction with other aeronautical activity, ropair and mainterianee •cif aircraft, Salo of aircraft parts, and any other activities which booaause► of their direct relationship bo the operation of aircraft can be regarded as an aeronautical activity, and that It will ter- minate any exclusive right to conduct an aeronautical activity now ext3ting at such an airport before the grant of any assistance under the Airport and Airway Improvement Act of 1982. 24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurance 22 and 23, for the facilities and services being provided the airport users which will make the airport as wolf-sustaining as possible tuider the circumstances existing at that particular &V pert, taking into account such factors as the volume of traffic and soonomy of collection. No part, of the Federal share of an airport development, airport planning or noise compatibility project for which a grant Is made under the Airport and Airway Improvement Act of 1922, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate base in establishing `aces, rates, and charges for users of that airport. 25. ALr2ort Revenue. If the &:b-port is under the control of a public agency, all revenues generated by the airport will be expended by it for the capital or operating csosta of the airport, the local airport seystem, or other local facilities whitah are owned or operated by the owner or operator of the airport and directly related to the actual transportation of passengers or property. Provided, however, that if covenants or assurances in debt obligations previously issued by the owner or operator of the airport, or provisions In governing statutes controlling the owner or operator's finaaneing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilitiers, then this limitation on the use of all revenues generated by the airport shall not apply. 26. Reports and Insoectlonss.. It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. For airport development and airport planning projects, it will also make the airport and all airport records and documents Woot•ing the airport,, including deeds, l.oasees, operation and use agreementa, regulations and other instrum nts # available for inspection by any duly authorized agent of the Secretary upon reasonable request.. For noise program implementation projects, It will also make records and documents rolating to the project and continued oomplianee with th* tormo, oonditlons, and assurances of the grant agreement including deade, lausea, agreements, regulations, and othor Instrumants, available for Inspection by any duly authorised agent of the Secretary upon reaasonoble request. FAA Form 5100-100 (8-84) ., . 13 27. Use caf Rvarnme,nt Aircraft. It will make available all of the facilities ilities of the airport developed with Federal financial assistance ` and all those usable for landing and takeoff of aircraft to-the' United, States for use by Government aircraft in common with other aircraft at all times without charge, except, If the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such used for the cost of operating and mainta4.ning the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by governwnt aircraft will be considered to exist when operations of such aircraft are in excess of those whichx in the opinion of the Seoretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that-- a. Five (5) or more government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of government aircraft is 300 or more, or the gross accumulative weight of goverment aircraft using the airport (the total movements of goverment aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 23. Land for Federal Facilities. It will furnish without oost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airr!ort Layout Flan. "rt will keep up to date at all times ,an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offaite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), Including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed FAA Forty 5100-100 (8-84) f .e 14 moneaviration areas and of all existing improvements thereon. 'Such airport layout plan and each amendments revisions or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Seoretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations In the airport or in any of its facilities other than in conformity with the airport layout plan as so approved by the Secretary if such changes or alterations might adversely affect the safety, utility, or efficiency of the airport. 30. Civil It will comply Frith such rules as are promulgated to assure that no person shall,, on the grounds of raoe, creed, oolor, national origin, sex, rages or handicap be excluded from participating In any aotivity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the programs except where the Federal financial assistance is to provides or is in the foran of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periodat (a) the period during which the property Is used for as purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the sponsor retains ownership or possession of the property. pAA Form 5100-100 (8-84) STANDARD DOT TITLE VI ASSURANCES r , lNa.n© 0 sor) _ _ (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial. assistance from the Department of Transportation (DOT), it will comply with Title VI of 'the Civil Rights Act of 1964 (42 U.S.C. 2000d et sea.) and all requirements irnposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment l of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 04. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, "licenses, and similar agreements entered into by the the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal finan- cial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for,-the longer of the following periods -•1- I a , (a) %he period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the pro- vision of similar services or benefits= or (h) the period during which the Sponsor retains ownership or possession of the prope` i :'. 7. It will provide for such methods of administration for the program as are found b"y the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other par- ticipants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. B. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, th�3 sponsor, subcontractors, transferees, successors in interest and other par- ticipants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED _ (Sponsor) Bye Kgignature of AuthdNazfid Official) CONTRACTOR CONTRACTUAL REQUIREH'ENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follower 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including pro- curements of materials and leases of equipment. The contractor shall not par- ticipate either diractly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontrac", Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procure- ments of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. -. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determired by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it tuts made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's non- compliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited tot a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and 'leases of equipment, unless exempt by the Regulations or directives issued pur- suant thereto. The contractor shall take such action with respect to any sub- contract or procurement as the sponsor or the FAA 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 supplier as a result of such direction, the contractor nay request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. —3— CLAUSES FOR DEEDS, LICENSESL LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACRAiENT 2 The following olauses shall be included in deeds, licences, leases, permits, or _ similar instruments entered into by the Sponsor pursuant to the provisions of Anouranoes 5(a) and 5(b). 1. The (grantee, licansoe, lessee, permites, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the vase of deeds and leases add "as a covenant running with the land") that. in the event facilities are constructed, maintained, or other- wise operated on the said property described in this (deed, license, lease, permit, *to.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permitee, ate.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be ascended. 2. The (grantee, licensee, lasso*, parmitea, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, doe.,; hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") thatt (j.) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, losses, permitee, ate.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. �^ w -4- r EXHIBIT "B" Page 1 of 2 ,JEFFERSON CITY ME;4ORIAL AIRPORT ' LISTING OF LEASES AND AGREEMENTS AND PERMITS A & K CONSTRUCTION Net Ground Lease Darrel Kirschner May 1, 1981 thru April 30, 1986 ABEL, WM. D/B/A INDUSTRIAL AVIATION Net Ground Tease Wm. E.- Asel October 1, 198CP thru September 30, 1985 CENTRAL MISSOURI REALTY Net Ground Lease P. James Schaefer October 1, 1980 thru October 1, 1985 DAWSON, BILLIE JOAN Net Ground Lease Mrs. Billie Joan Dawson January 1, 1979 thru January 1, 1984: Up for Renewal ' DAVISON, BILLIE JOAN Net Ground Lease Mrs. Billie Joan Dawson December 17, 1980 to December 17, 1985 JEFFERSON CITY FLYING SERVICE, INC. Net Ground Lease - Amended June, 1984 William Ward, President February 1, 1985 thru January 31, 1990 - Option to renew for five (5 ) additional terms of five ( 5) years on the same terms and conditions, except that rental rates and charges at the end of the original term and each optional term shall be renegotiated. : LINCOLN UNIVERSITY Agricultural. Lease Thomas M. Jenkins, President February 1, 1985 thru September 30, 1985 - Option to renew for two ( 2.) additional one ( 1) year periods. MISSOURI STATE CONSERVATION COMMISSION Net Ground Lease July 1, 1981 thru June 30, 1986 EXHIBIT "B" AOL Page 2 of 2 STATE OF MISSOURI, OFFIC9 OF ADMINISTRATION, ' DIVISION OF DESIGN AND CONSTRUCTION, DEPARTMENT OF PUBLIC SAFETY, HIGHWAY PATROL Net Ground Lease July 1, 1982 thru June 30, 1983 Renewable for four (4 ) successive one ( 1) year periods. THOMPSON BROTHERS Agricultural Lease Harry, Richard and Mark Thompson November 1, 1982 thru October 31, 1983 w/two ( 2) additional one ( 1) year options . TRANS MO AIRLINES Lease& Agreement for Airport Transportation and Terminal Rental Wm. E. Ase7, December 1, 1980 to December 1, 1982 (Automatic - 2 year Renewal) Default in P&yment,; on a month-to--month basis until a new lease can be renegotiated. TREMAIN, RICHARD AND RUDY Airport Cafe Lease Ruby and Richard Trema.in November 1, 1983 thru October 31, 1986 Amok WILSON, KENNETH Net Ground Lease Kenneth Wilson June 1, 1980 to May 31, 1985 PERMITS JEFFERSON CITY FLYING SERVICE, INC. FBO/Fuel Sales, Charter Service, Aircraft Sales and Service, Student Instruction, Automobile Rental Under Present Lease Agreement WM. ASEL, D/B/A INDUSTRIAL AVIATION FBO/Charter Service, Aircraft ,Sales and Service, Student Instruction October 1, 1975 until Cancelled U.S. GENTGES, HERTZ LICENSEE Automobile 'Rental Permit Z�I 1t11..,!t.rt..t�'f 1ti,,Y�t'-:`„1�3t.3....;.:i.'i'f,a�..,�-'',y..i.-..,J i.°^-:r l,.e^(-i•:•e._x..0{.l>,,G.�.4,..;..,i-..n£:1•%5,.y"J+,%t•.ic^:is G.E',Sl..•.,.`.�.,a,�'..i,•.��t«7�7+..S,4.tiQ yr=.'.:`',+':•-(:'��t?�1'E„:h,•7:�:l w„��','*T,!'v S.ty''.n1":.'�.•k.+,•r�.(t b�G v 1...-Mr(7�,..:'.'i'Ft.N'h,x t ca.,..a.f^>'�f.!ii�.i.iv}{:J,•Y1?J..�f 5,:.1..•7n,1,.5l.ZL,.X l{�S 1)7.1'Y•M.'F4.''a,•7.•I.,.j,+'..•.(F,<.s�•:r.L,,•J,i1'r.'.Y.t,sb'..,Y:.r.:�}'•:)r5:'�'.h:`.f:.•''kr...7 F,`°.,•}f'J"„lr.--.j":';:a��t.;-r'•..c^:r�t t"":.-r..y_-�:n�%r 13i"•+ti,r,9.`.>Y�,':�.1 C".t•;t+`^.':1:nttr1..f•.,lt:f n✓:-.t'4'�l i�',•..i?.Jq,.',]�,�,..�r j'.lf•y!bl`'.,�`'.1•/..:•.i 4:ti}:..I.'.,.,',i.1.a..1•r�."1�...?•t r.r�.r..ti't''t:;.y,`S.'3.^Rsd��,'.«.�`.V:dr.~=''•:t�!i'iG�,+i T 1',.x,��;�>t.�•,+�.1;•t:.w"%:..„^h.:,i'.Y.:,?:L"..'1 1.'^..",z.�Y'.'y,d•t rsa”r.'t�'V.t''t.�..1.f A'..Ia� •rp"'l,:Ttir i..i C.•.,xi 1a.tr.l>-..a,}.•..1.,4p.1�t,:.'r., :.,.,so.l:V(�,r"1=„1kt 1„9sT5�c;'+.'i!,�.a.f+•y.l..a..'�.,5`.'i{t...Fr q..'qn`Y t-1{,r;t i1'.1t•ri!h'�r'5•�g+7a'/rV.,.y�t..:t.,f�t.Y j••�,�^.i'r t r yy�,4`�^^..�..{l 77f�;4•ff4.''ti.�,^u'.rf i/i,i.fsi{��e,..,.'r:C:v'..Q r-1�/a i�''iS•C i;.M�-,'J:t I.(y t.'µ�..',j:•'h.`:f::'.•u r..,i.y!�'y.;••'.,.:;}::I,v/C.�.,1.\,r�:?.n, ,...,. .},.I,�•. �•y� , I a.V—3 �i: , {• ” .^'}�^t.. 7 r.1 i , :v .X 54t 4 r >'� !1 144M1 ! >4 1 :._ r. r 1 ''.• ..,. ,.,, >•tt{: , r• .' y.,N; � r +R, ,7.;s. l,.� ,•+r ,-k,,,. ,r•.,,1• f ). .i1 1 R'1, ,tYrn c't,F' .",. 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EXISTING 110MR-ERTIES .: LAYOUT ': O . ..IRPORT CITY of JEFFERSON' ,J JEFFERSON- . :.P F:e r: R 705EASTMcCARTY, • • JEFFERSON ,5 . �!