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HomeMy WebLinkAbout10-59 RESOLUTION• • • RESOLUTION 10-59 ACCEPTING GRANT OFFER AND APPROVING AND ENTERING INTO GRANT AGREEMENT BE IT RESOLVED by the Mayor and City Council of the City of Fayetteville, Arkansas: SECTION 1. That the Mayor and City. Council of the City of Fayetteville, Arkansas, shall and they do hereby accept a Grant Offer of Federal funds as g12ads by the Administrator of the Federal Aviation Agency under date of May , 1959, for the purposes therein set out; that said Mayor and City Council (\do hereby accept all the terms, conditions, and obligations therein and thereby o.mposed and by their acceptance of same do hereby ratify the Project Appli- cation, and do hereby acknowledge such instruments as constituting a solemn and D finding agreement with the United States Government, for the purpose of obtain- ing Federal aid in the development of the Fayetteville Municipal Airport and that such agreement shall be set forth hereinbelow. SECTION 2. That the Mayor of the City of Fayetteville, Arkansas, is here- • by authorized and directed to evidence the City's agreement by affixing hie signature to such agreement, which is hereby executed in sextuple, and the City Clerk is hereby authorized and directed to impress the official seal of the City of Fayetteville, Arkansas, thereon and to attest said execution. SECTION 3. That the Grant Agreement referred to hereinabove shall be as follows: • • ro Page 1 of 4+pages DEPARTMENT OF COMMERCE CIVIL AERONAUTICS ADMINISTRATION WASHINGTON 25 CONTRACT NO. FA2-389 GRANT AGREEMENT Part I - Offer Date of Offer May 12,1959 Fayetteville Municipal Airport Project No. 9-03-002-5902 TO: City of Fayetteville, Arkansas (herein referred to as the "Sponsor") RFROM: The United States of America (acting through the Administrator of The Federal Aviation Agency, herein referred to as the'Administrator") W HEREAS, the Sponsor has submitted to the Administrator a Project Applies - tion dated September 25, 1958 for a grant of Federal funds for a project for "Thdevelopment of the Fayetteville Municipal Airport (herein called the "Airport"), 0together with plans and specifications for such project, which Project Applica- tion, as approved by the Administrator, is hereby incorporated herein and made ua part hereof; and D WHEREAS, the Administrator has approved a project for development of the Air - ort (herein called the "Project") consisting of the following described airport development: Acquire land (Tracts B, C, D, and Ir on Exhibit "A"); construct terminal apron, parallel taxiway to N/S runway, hanger apron and connecting taxiway, entrance road, auto parking area, terminal building, sidewalks and utilities; perform approach clearing at each end of N/S runway; install security fence; perform turfing incidental to grading. (The airport development to be accomplished, herein described, is in addition to that contemplated or accomplished under the Grant Agreement between the Sponsor and the United States for Project No. 9-03-002- 701.) all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; NOW. THEREFORE, pursuant to and for the purposes of carrying out the pro- visions of the Federal Airport Act (60 Stat. 170; Pub. Law 377, 79th Congress), and in consideration of (a) the Sponsor's adoption and ratification of the represent- ations 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, • • • Page 2 of 4 pages THE ADMINISTRATOR, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share of costa incurred in accomplishing the project, 50 per centum of all allowable project coats subject to the following terms and conditions: I. The maximum obligation of the United States payable under this Offer shall be $90,000.00. 2. The Sponsor shall (a) begin accomplishment of the Project within a reasonable time after acceptance of this Offer, and (b) carry out and complete the Project in accordance with the terms of this Offer, and the Federal Airport Act and the Regulations promulgated thereunder by the Administrator in effect on the date of this Offer, which Act and Regulations are incorporated herein and made a part hereof, and (c) carry out and complete the Project in accordance with the plans and specifications and property map incorporated herein as they may be revised or modified with the approval of the Administrator or his duly authorized representatives. 3. The Sponsor shall operate and maintain the Airport as provided in the Project Application incorporated herein. 4. The maximum amounts of building space which the Sponsor shall be obligated to furnish civil agencies of the United States for the purposes and on the terms and conditions stated in Paragraph 9 of Part III of the Project Application, shall be as set forth in the attached schedule of maximum space requirements which is incorporated herein and made a part hereof. 5. Any misrepresentation or omission of a material fact by the Sponsor concerning the Project or the Sponsor's authority or ability to carry out the obligations assumed by the Sponsor in accepting this Offer shall terminate the obligation of the United States, and it is understood and agreed by the Sponsor in accepting this Offer that if a material fact has been misrepresented or omitted by the Sponsor, the Administrator on behalf of the United States may recover all grant payments made. 6. The Administrator reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be obligated to pay any of the allowable costs of the Project unless this Offer has been accepted by the Sponsor within 60 dfYs from the above date of Offer or • • • • Page 3 of 4 pages such longer time as may be prescribed by the Administrator in writing. 8 (a) The terms "Administrator of Ciiril Aeronautics", "Administrator", Civil Aeronautics Administration", "Department of Commerce" and "CAA", wherever they appear in this Agreement, in the Project Application, the plans and specifications, or in any other documents constituting a part of this Agreement, shall be deemed to mean the Federal Aviation Agency or the Administratorthereof, as the case may be. 8 (b) The first sentence of Paragraph 3 of the Sponsor's assurances contained in Part III of the Project Application shall be considered amended by deleting the words "Section 303 of the Civil Aeronautics Act of 1938, as amended; and substituting therefor the words "Section 308 (a) of the Federal Aviation Act of 1958 (72 Stat. 750).!' • 8 (c) It is understood that the Sponsor will not commence any construt:tion work on any of the airport property, as shown on map Exhibit "A" under this Grant Agreement, until the Sponsor has submitted evidence satisfactory to the Administrator that it is the owner in fee simple of the airport property, as shown on map Exhibit "A" attached to the Project Application, subject to no liens, encumbrances, reservations, or exceptions which, in the opinion of the Administrator, would create an undue risk of interference with accomplishment of the pro- ject and operation of the airport. 8 (d) It is agreed between the parties hereto that the property interests which the sponsor shall acquire in Tracts B, C. D and E on Exhibit "A" shalt consist of fee simple title satisfactory to the Regional Administrator to Tracts B and C and avigation easements for clear sone purposes satisfactory to the Regional Administrator in Tracts D and E on Exhibit "A"; and it is further agreed that the United States shall not make, nor be obligated to make, any grant payment for the acquisition of such property interest s , in said Tracts until the sponsor has submitted evidence satisfactory to the Regional Administrator that it has acquired such property interests. The Sponeor's acceptance of this Offer and ratification and adoption of the Pro- ject Application incorporated herein shall be evidenced:by execution of this in- strument by the Sponsor, as hereinafter provided, and said Offer and acceptance shall comprise a Grant Agreement, as provided by the Federal Airport Act, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life 6f the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. a - Page 4 of 4 pages UNITED STATES OF AMERICA THE ADMINISTRATOR OF THE FEDERAL AVIATION AGENCY By Regional Administrator, Region II Part II - Acceptance The City of Fayetteville, Arkansas does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Pro- ject Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this o(SEAL) Attest: 7Titie: day of , 19 CITY OF FAYETTEVILLE, ARKANSAS (Name of Sponsor) By Title CERTIFICATE OF SPONSOR'S ATTORNEY 7if 1, , acting as Attorney for City of Fayette- ville, Arkansas do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said City of Fayetteville, Ark. relating thereto, and find that the Accept- ance thereof by said City of Fayettbviile, Ark. has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of Arkansas, and further that, in my opinion, said Grant Agree- ment constitutes a legal and binding obligation of the City of Fayetteville, Ark. in accordance with the terms thereof. Dated at this day of , 19 • Title • MAXIMUM RENT FREE SPACE REQUIREMENTS Fayetteville Municipal Airport Fayetteville, Arkansas Project No. 9-03-002-02 Air Traffic Communications Station Operations Room 328 Operations Storage 63 Operations Chief's Office 116 Equipment and Service Room 266 ATFO Chief 112 ATFO Storage 76 EnginerGenerator Room 217 sq. ft. It Total 1,178 Sq. Ft. SCHEDULE"A" -Z - PASSED AND APPROVED by a majority vote of the City Council of the City of Fayetteville, Arkansas, and approved by me thisday of • 1959. ATTEST: ji• 1A? b _s a.: w ITY CLERK • CERTIFICATE ij ...2, _� ' " , the duly qualified and acting CityrQlerk4£ t C ' of Fayetteville, Aransas do hereby certify that the \) attached from the minutes of the �j/ eeting of he City Council of said City of Fayetteville, kansas, held on , 1959, is a true and correct copy of the original minutes of d meeting on file and of record insofar as said original minutes relate to the matters set forth in said attached extract, and I do further certify that a copy of the Resolution appearing in said attached extract is a true and correct copy of such Resolution adopted at said meeting and on file and of record in my:office. In testimony whereof, I have hereunt set my d and the seal of said City of Fayetteville, Arkansas, this day of , 1959. 0EAI:..:n" -41A-?;k,,„„ '• am: . �n...n,• `<.,\. flYCLERK