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2684 Accept Airport GrantRESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT OFFER FROM THE UNITED STATES RELATING TO THE DEVELOPMENT OF THE SALINA MUNICIPAL AIRPORT, SALINA, KANSAS: BE IT RESOLVED by the Governing Body of. the City of Salina, Kansas:.-, Section 1. That the City of Salina, Kansas, shall accept the Grant offer from the Administrator of Civil Aeronautics, dated December 5, 1962, for the purpose of obtaining Federal Aid in the development of the Salina Municipal Airport, and that such Grant Offer shall be as set forth hereinbelow; Section 2, That the City of Salina, Kansas, does hereby ratify and adopt:.;;. all statements, representations, warrantees, covenants, and agreements contained in the Project Application, which is incorporated by reference in the said Grant Offer; Section 3. That the City Manager is hereby authorized and directed to execute said Grant Offer agreement in quadruplicate on behalf of the City of Salina, Kansas, -and the City Clerk is hereby authorized and directed to impress thereon the official seal of the City of Salina, Kansas, and to attest said execution; Section 4. That the. Grant Offer referred to hereinabove shall be as follows: GRANT AGREEMENT Part 1 -Offer Date of Offer'- December 5, 1962 Salina Municipal Airport Project No. 9-14-032-C307 Contract No.FA-CE2060 To: City of Salina (Herein referred to as the "Sponsor") From; The United States of America (Acting through the Federal Aviation Agency: herein ref Bred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated September 27, 1962, for a grant of Federal funds for a project for development of the Salina Municipal Airport (herein called the "Airport)" together with plans and specifications for such project, 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 development of the Airport (Herein called the "Project) consisting of the following -described airport development: Construct taxiways to T-Hanagar area (Approximately 3200 Sq. yds.); relocate wind cone and segmented circle; install underground electrical duct; grade; drain; turf. (This is in addition to the work included in Project Nos. 9-14-032-703, -104, 5705 and -5806), all as more particularly described in the property map and plans and specificat incorporated in the said Project Application; NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Federal Airport Act,.as amended (49 USC 1101) 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 here- inafter provided, and (b) the benefits to accrue -.to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AGENCY, 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 eomompolishing the Project, 50 per centum thereof. , This Offer is made on and subject to the following terms and conditions; 1. The maximum obligation of the United States payable under this Offer shall be $10,000.00. 2. The Sponsor shall: (a) begin accomplishment of the Project within ninety days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; u' (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Federal Airport Act, and Sections 550.7 and 550.8 of the Regulations of the Federal Aviation Agency (14 -CFR 550) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations". (c) carry out and complete the Project in accordance with the plans and specifications and property 'map,-' incorporated herein, as they may be revised or modified with the approval of the FAA, 3. The allowable costs of the project shall not include any costs determined by the FAA to be inelibigle for consideration as,to allowability under Section 550.4 (a) of the Regulations. 4. Payment of the United States share of the.sallowable project costs will be made pursuant to and in accordance with the provisions of Section 550.9 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 550.9 (d) of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 550.9 (c) of the Regulations, final determination as to the allowability of,those costs to which such semi-final payment relates will be made at the time of such semi-final payment. 5. The Sponsor shall operate and maintain the Airport as :provided in the Project Application incorporated herein. 6. The FAA reserves the -right to--amend'or withdraw this offer at any time prior to its-adeepttnee by the -Sponsor. 7. This offer shall expire and -the Uaited States shall riot be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on -or before -January 31,1963 or such subsequent date as may be�prescribed in -writing -by the FAA. 8. It -is understood and agreed by and between the parties hereto that Paragraph 9 of the Part III -Sponsor's -Assurances of the Project Application dated--Setpember 27, 1962 is`her--eby deleted in its entirety. It` -is recognized by the parties hereto that Paragraph (5) of Section 11 of the Federal Airport Act (49 USC 1101 (51), as amended, provides that the Sponsor"will furnish without cost to'the-Federal-Government for use ­in connection with any sir tr-a€fic control activities, or weather -reporting activities and communicitions,activities and communications activities related to air traffic control, such areas of --land 'or water, -or estate therein, or rights in buildings of the Sponsor as the Administrator may consider necessary or desirable for construction at Federal expense of space-or-.facilitiesfor such purposes"'. The Federal' Government does not now_plan-or contemplate the construction of any structures `for any of -the --activities set forth --in said Par, -graph (5) of Section 11 and, therefore, it is further understood and agreed that the Sponsor is under no obligation to furnish any such -areas of rights under --this Grant Agreement:- However,'�nothing contained herein steal°l,be constructed aspaltering or changing the rights of the -United States and/or the obligations 'of the Sponsor under `prior Grant Agreements -tofurnish rent-free space for -the aforementioned activities: 9. The Sponsor- hereby ,covernants -and agrees that, to 'the extent that the Sponsor holds 'or may her-eafter -aequire ownership or such other rights as may legally a1low "it to carry out its obligations under this covenant, -it will not -permit or suffer any growth, -'structure, or object, except farm crops, grazing animals or such structures as are necessary as aids to ,air navigation on (a) any land lying within zones, .trapezoid in shape,- -extending =outwardly 2000 feet from points located 200-feetout-ward 'from -each -end -of the 'N/S runway along the=centerline thereof as projected outward,=the said zones each being 500 feet wide at the said beginning points, measured 250 feet on each side of the said projected centerline, and increasing, to a width of 900 feet at their out extremities, 61 measured 450 feet on each side of the projected centerline: (b) on any land lying within zones, trapezoid in shape extend -i ing outwardly 1000 feet from points -located 100 feet outward from each end of the NW/SE landing strip along the centerline. thereof as projected outward, the said zones each being 250 feet wide at the said beginning points measured 125 feet on each side of the said projected centerline, and increasing to a width of 450 feet at their -outer extremities measured 225 feet on each side -of the project -centerline. 10. Notwithstanding the fact that the project plans and specifications include therein the construction of approximately 2400 square yards of bituminous apron paving leading into the T -Hangar area (as depicated on revised Sheet No. 3 of the construction plans for this project), it is understood and agreed by and between the parties hereto that the construction of said bituminous apron -paving leading into the T -Hangar area, -shall not be a part of this project and, if accomplished by the Sponsor,, shall be without participation in the costs thereof by the United States under this -_project; it is -further understood and agreed that the Sponsor shall maintain as a part of the- cost records for this -project, separate cost -records pertaining to the-Fbove-referred work -excluded f.rom.-Federal participation, which records shall be made available for inspection and audit - by the FAA to the end that the cost of the excluded work may be definitely determined. 111. It is understood and agreed by and between the parties hereto that the United States shall not,make, nor shall it be obligated to make., final grant payment hereunder until the FAA has determined that the lease agreement between the Sponsor and Salina Flite, Inc., dated April 18, 1961 and the lease agree- ment between the Sponsor and CEN-KAN Aviation, Inc., dated June 19, 1962, are not -contrary to Section 308 of the Federal Aviation Act of 1958 and will not interfere with the Sponsor's control of the airpott,or ability to acr-ry out its obligations and covenants as set -forth in the -Grant Agreement and in the Project Application which is made a part hereof. 12. The Sponsor hereby covenants and agrees that it will not grant exercise, or permit the exercise of an exclusive right for the conduct of any aeronautical activity on the airport, except such exclusive right that is permitted under any surplus property instrument of transfer applicable to the airport, and that it will otherwise comply with -a11 applicable laws and with the policies of the Federal Aviation Agency set forth in 27- Federal Register 7054, July 25, 1962, with respect to the conduct of aeronautical activities on the airport. - 13. It is -understood and agreed that each contract awarded for construction work under -this project is subject to the provisions of the Work Hours Act of 1962, Public Law 87-581. It is further understood and agreed that each contract will contain stipulations requiring the contractor or subcontractor to pay wages to all laborere and mechanicz employed on the work in conformance with the provisions of the Act and that the Sponsor may withhold or cause to be withheld from the contractor or subcontractor so much of the accrued payments as may be considered necessary to pay -laborers and mechanics employed by any such contractor or subcontractor on the work the full amount bf tmages,,,-.r'equired by the contract and such sums as may administratively be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for liquidated damages as provided by the Act. It is also understood and agreed -that, in the event of failure of -any v: contractor or subcontractor to pay any laborer or mechanic employed or working on the site of the work all or part of the wates required by the contract, the FAA may, after written notice to the Sponsor, withhold from the Sponsor so much of the accrued payments or advances resprenting unpaid wages and liquidated damages. 1 L �1 1 1 1 M] 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 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 of the facilities developed under the Project but in ny event not to exceed twenty years from the date of such acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION AGENCY By Henry L. Newman Assistant Adminstrator, Central Region PART II -Acceptance The Hoes hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project 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 ''day of (SEAL)" Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY 19 City of Salina,. -Kansas'.-, By Title I. acting as Attorney for City of Salina Kansas (herelinreferred to as the "Sponsor") do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been'duly authorized and that the execution thereof is in all respects due dna proper and in accordance with the laws of the State of Kansas, and further :that, in my op -inion-, ,said.:.Grant Agreement consitutes- a legal and binding obligation of the Sponsor in,accordance with.the terms thereof. Dated at this day of Title Salina Kansas Project No. 9-14-032-C307 SCHEDULE OF MAXIMUM SPACE REQUIREMENTS No CAA Activities and Equipment No Weather Bureau Space 19 Adopted this.11th day of December, 1962. _ R: F. Exline Mayor. (SEAL) _ Attest: - H. E. Peterson City Clerk CERTIFICATE OF CITY CLERK I, H. E. Peterson, the duly appointed qualified and acting City Clerk of the City of,Salina, Kansas, do hereby certify that the foregoing resolution was duly adopte at a meeting of the Governing Body of the City of Salina, Kansas, held on the 11th day of December, 1962, and that said resolution has been compared by me with the original ,thereof on file and of record in my office, and is a true copy of the whold ,of said original. IN WITNESS WHEREOF, I have hereunto set mfr; -hand and the seal of the City of Salina Kansas, this 11th day of December, 1962. _. H. E. Peterson --City-Clerk-- (SEAL) City-Clerk(SEAL) CERTIFICATE OF SPONSOR'S ATTORNEY I, L. 0. Bengtson, acting -as Attorney for the City of Salina, Kansas (Hereinafter called the "Sponsor") do hereby certify: That I have examined ihe�f oregoing Grant Agreement and the proceedings taken -by the Sponsor relating thereto and find that the acceptance thereof by the.Sponsor has been duly authorized, that the execution thereof is in all respects d!e and proper and in accordance withthe laws of the State of Kansas and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance withthe terms thereof. Dated at -Salina, Kansas, this llth-day-of-December, 1962. Title STATE OF KANSAS SS MUNTY;_OF SALINEt: ) t I hereby certify that the above and foregoing is a true and correct copy of Resolution Number 2684 passed by the Board of Commissioners of the City of Salina, Kansas December 11, 1962. City Clerk 1 1