33 of 1974 - A resolution accepting the grant offer of the U. S. of America through the Federal Aviation Administ J'J
Pr
Resolution No. 33
Conrad B. Harrison
By coNM I ESIONER
•
•
Accepting the grant offer of the U.
S. of America through the Federal
Aviation Administration of $1,863,353.
for Airport Development Aid Program
Project No. 8-49-0033-04 in develop-
ment of the Salt Lake City Inter-
national Airport.
Presented to the Board of Commissioners
AND PASSED
JUN 1 9 19/4
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EXTRACT FROM THE MINUTES OF A REGULAR MEETING
OF THE BOARD OF COMMISSIONERS OF THE SALT LAKE
CITY CORPORATION, UTAH, HELD ON JUNE 19, 1974
Commissioner Conrad B. Harrison
The following Resolution was introduced by , read
in full, considered and adopted:
Resolution No. 33 of the Board of Commissioners of the Salt Lake City
Corporation, Utah Accepting the Grant Offer of the United States of America
through the Federal Aviation Administration in the maximum amount of
$ 1,868,353 to be used under Airport Development Aid Program Project
No. 8-49-0033-04 in the development of the Salt Lake City International
Airport.
Be it Resolved by the members of the Board of Commissioners of the Salt
Lake City Corporation, Utah, as follows:
Sec. 1. That the Salt Lake City Corporation, Utah, shall accept the Grant
Offer of the United States of America in the amount of $ 1,868,353 for
the purpose of obtaining Federal Aid under ADAP Project No. 8-49-0033-04
in the development of the Salt Lake City International Airport; and
Temporary Chairman
Sec. 2. That the Vj'At of the Salt Lake City Corporation, Utah, is
hereby authorized and directed to sign the statement of Accemptance of
said Grant Offer (entitled Part II - Acceptance) on behalf of the Salt Lake
City Corporation, Utah, and the Ciecorder is hereby authorized and
directed to attest the signature of 68' Arnpress the official
seal of the Salt Lake City Corporation, Utah on the aforesaid statement of
Acceptance; and
Sec. 3. A true copy of the Grant Offer referred to herein is attached
hereto and made a part hereof.
CERTIFICATE
I, 4//,'� 'I of the Salt Lake City Corporation,
Utah her-4 -.t. that the foregoing is a full, true and correct copy
of Resolution No. J)It Lake adopted at a regular meeting of the Board of
Commissioners of the City Corporation, Utah held on the 19th day
of June, 1974, and that the same is now in full force and effect. IN WITNESS
WHEREOF, I have hereunto set my hand and impressed the official seal of the
Salt Lake City Corporation, Utah, this 19th day of June, 1974.
Signed
Title Ci ec rder
(SEAL)
Page 1 of 7 pages
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DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1-Offer
Date of Offer June 19, 1974
Salt Lake City International Airport
Project No. 8-49-0033-04
Contract No. DOT-FA74RM-0397
TO: The Salt Lake City Corporation, Utah
(herein referred to as the"Sponsor")
FROM: The United States of America(acting through the Federal Aviation Administration,Ler_'_'r
referred to as the "FAA")
WHEREAS,the Sponsor has submitted to the FAA a Project Application dated June 13, 1974
,for a grant of Federal funds for a project for develop-
ment of the Salt Lake City International Airport(herein called
the "Airport"), together with plans and specifications for such project,which Project Application,
as approvea oy lile rtiH Is nereoy Incorporateu nerein anti mane a part nereot;ann
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
"Project")consisting of the following-described airport development:
Land acquisition, Areas Nos. 52, 56, and 58 for airport development,
clear zone, approach protection and control for future third north/
south runway.
all as more particularly described in the property map and plans and specifications incorporated in
the said Project Application;
FAA FORM 51 OO-13 PG.1 ItO-71)SUPERSEDES FAA FORM 1632 PG.1 PAGE 1
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NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport
and Airway Development Act of 1970, as amended(49 U.S.C. 1701),and in consideration of(a)
the Sponsor's adoption and ratification of the representations and assurances contained in said
Project Application, and its acceptance of this Offer as hereinafter provided, and(b)the benefits
to accrue to the United States and the public from the accomplishment of the Project and the
operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD-
MINISTRATION, 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, 90.95% of said a,Llowable costs.
This Offer is made on and subject to the following terms and conditions:
1. The maximun.ou:.gation of the United States payable under this Offer shall be
$1,868,353.00
2. The Sponsor shall:
(a) begin accomplishment of the Project within sixty (60) days
after acceptance of this Offer or such longer time AC may he 1,recnrihed by the>~A A
with failure to do sc constituting just cause iu( termination of the obligations of the
United States hereunder by the FAA;
(b) carry out and complete the Project without undue delay and in accordance with the
terms hereof,the Airport and Airway Development Act of 1970,and Sections 152.51-
152.63 of the Regulations of the Federal Aviation Administration(14 CFR 152)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 ineligible for consideration as to allowability under Section 152.47(b) of the Regula-
tions.
4. Payment of the United States share of the allowable project costs will be made pursuant
to and in accordance with the provisions of Sections 152.65— 152.71 of the Regulations.
Final determination as to the allowability of the costs of the project will be made at the
time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided,
that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the
Regulations, final determination as to the allowability of those costs to which such semi-
final payment relates will be made at the time of such semi-final payment.
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5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica-
tion incorporated herein and specifically covenant, aNid agrees. in accordance with its
Assurance 4 in Part Ill of said Project Application.that in its operation and the operation
of all facilities thereof,neither it nor any person or oreantrarion occupying space or facili-
ties thereon will discriminate against any person ur class et persons hs reason of 1;tic,enlor.
creed or national origin in the use of any of the lashies provided for the public on the
airport.
6. The FAA reserves the right to amend or withdraw tl is Offer at any time prior to Is
acceptance by the Sponsor.
7. This Offer shall expire and the United States shall not re obligated to pay any part of the
costs of the Project unless this Offer has been accepted by the Sponsor on or before
June 26, 1974 or such subsequent da e as may be prescribed in writing
by the FAA.
8. The Sponsor hereby further covenants that it will not permit any
permanent-type structures, other than structures required for aids to air
navigation and such other structures as may be specifically excepted in
writing by the FAA, to he erected on, and that it will cause any existing
structures to be removed from, each area identified on the Exhibit "A"
as "clear zone" or any portions thereof, concerning which the Sponsor
has acquired a fee interest with federal financial assistance, irres-
pective of whether such structures constitute an obstruction to air
navigation.
9. By its acceptance hereof, the Sponsor hereby covenants that to the extent
it has or may have either present or future control over each area
identified on the Exhibit "A" as "clear zone", and unless exceptions to
or deviations from the following obligations have been granted to the
Sponsor in writing by the FAA, it will clear said area or areas of any
existing structure or any natural growth which constitutes an obstruction
to air navigation with the standards established by Section 77.23 as
applied to Section 77.25, Part 77, of the Federal Aviation Regulations;
and the Sponsor further covenants that it will control the subsequent erec-
tion of structures and control natural growth to the extent necessary to
prevent creation of obstructions within said standards.
10. By its acceptance hereof, the sponsor hereby covenants and agrees
that it will provide adequate land on the Salt Lake City International
Airport without cost for the purpose of parking Federal Aviation
Administration official and employee vehicles or at the option of
the sponsor will provide free accommodations for FAA official parking
and free or reasonable cost accommodation for FAA employee parking at
the Salt Lake City International Airport. Said parking area shall be
within reasonable proximity to the FAA facilities located on said airport,
11. The Federal government does not now plan or contemplate the construction
of any structures pursuant to Paragraph 11 of Part III - Sponsor's
Assurances - of the Project Application dated June 13, 1974, and,
therefore, it is understood and agreed that the sponsor is under no
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Page 4 of 7 pages
obligation to furnish any areas or rights without cost to the Federal
government under this Grant Agreement. However, nothing contained
herein shall be construed as altering or changing the rights of the
United States and/or the obligations of the sponsor under prior Grant
Agreements to furnish rent-free space for the activities specified in
such agreements.
12. A. Pursuant to Sections 210 and 305 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L.
91-646); Part 25, Regulations of the Secretary of Transportation,
"Relocation Assistance and Land Acquisition under Federal and
Federally Assisted Pro rams" (49 CFR Part 25, 36 Fed. Reg. 9178);
the Regulations; and other applicable provisions of law -- the terms
used in this paragraph to have the meanings assigned to them under
such Act and regulations:
1. Sponsor will provide fair and reasonable relocation payments
to displaced persons as required by Subparts E, F, and G of said
Part 25;
2. Sponsor will provide relocation assistance programs for
displaced persons offering the services described in Subpart D of said
Part 25;
3. Sponsor will adequately inform the public of the relocation
payments and services which will be available under Subparts D, E, F,
and G of said Part 25;
4. Comparable replacement dwellings will be available, or
provided if necessary, within a reasonable period of time before any
person is displaced;
5. Sponsor will fully comply with Subpart I of said Part 25;
6. Sponsor will adequately inform the public of the acquisition
policies, requirements, and payments which will apply to the project
with respect to any acquisition of real property to which said Part 25
and this agreement apply;
7. When approval of the FAA is required before Sponsor may
proceed with any phase of the project and that phase will cause the
displacement of any person, Sponsor will prior to proceeding with that
phase provide the FAA with written assurances satisfactory to the FAA
that:
(a) Based on a current survey and analysis of available replace-
ment housing and in consideration of competing demands for that housing,
comparable replacement dwellings will be available within a reasonable
period of time prior to displacement, equal in number to the displaced
persons who require them; and
Page 5 of 7 pages
(b) The Sponsor's relocation program is realistic and is adequate
to provide orderly, timely, and efficient relocation of displaced
individuals and families to decent, safe, and sanitary housing available
to persons without regard to race, color, religion, or national origin
with minimum hardship to those affected.
B. With respect to every person who was displaced or from whom real
property was acquired after 1 January 1971, and who would have been
entitled to any payments or relocation assistance pursuant to the
assurances in this agreement had this agreement been in effect at the
time of such displacement or acquisition, Sponsor represents and under-
takes as the case may be: (1) That such person has received or will
receive all the payments and has timely been or will be timely afforded
all the assistance and advantages that would have accrued to him under
the provisions of this paragraph had he been displaced or the real pro-
perty acquired or his entitlements as such tenant accrued subsequent to
the date of this agreement; and (2) that Sponsor has timely performed or
will timely perform all acts that would have been or would still be
required of the sponsor had the assurances of this paragraph been appli-
cable at the times identified in this paragraph.
C. That the United States shall not make nor be obligated to make any
payment hereunder for land acquisition, or reimbursement for land acqui-
sition, until the sponsor has complied with the requirements of this para-
graph.
D. The obligation of the United States under this agreement to share in
the allowable costs incurred by Sponsor under this paragraph shall be
subject to all the pertinent and applicable provisions, limitations, and
conditions contained in the laws and regulations referred to in this
paragraph.
E. Until and including 1 July 1972, the provisions of this paragraph
shall be applicable only to the extent that Sponsor is able to comply
with them under applicable State law; after 1 July 1972, such provisions
shall be applicable in their entirety regardless of the extent to which
Sponsor is able to comply with them under applicable State law.
13. It is understood and agreed that as to the land acquired or to be
acquired for future development of the airport, the sponsor will
construct and complete thereon a useful and usable facility consistent
with the National Airport System Plan not later than the time of
forecasted need; and if the land so acquired or any part thereof, is
not used within the forecast period for the purpose for which it was
acquired, the sponsor will refund the federal share of acquisition
cost or fair market value of the land, whichever is greater, plus
the federal share of net revenue, at the time of sale or expiration
of the period stated in this agreement. It is further understood and
agreed that the sponsor will deposit all net revenue derived from the
interim use of the land into a special fund to be used exclusively
for approved items of airport developments, but in no case may the
federal share of such funds be used to match federal aid funds it
7
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The Sponsor's acceptance of this Offer and ratification and adoption of the Project Appbcation
incorporated herein shall be evidenced by execution of this instrument by the Sponsor. as herein-
after provided, and said Offer and Acceptance shall comprise a Grant Agreement. as provided by
the Airport and Airway Development Act of 1970, 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 Sponsors
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 any event not to exceed twenty years from the date
of said acceptance.
UNITED STATES OF AMERICA
FEDEI.AL AVIATION ADMINISTRATION
By -V,I.c;t-t,
(TITLE
Chief, Airports District Office
Part II-Acceptance
The Salt Lake City Corporation, Utah does 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 June 19 74
SALT LAKE CITY CORPORATION, UTAH
65f4 (Name of Sponsor) ,
By
(SEAL) Temporary Chairman
iteryxxx
Qr� Title
Attest:�� 111K^'!.y.�:1 ,�} ry L
Title- City Recorder
CERTIFICATE OF SPONSORS ATTORNEY
1, acting as Attorney for the Salt Lake City Corporation,Utah
(herein referred to as the "Sponsor-) do hereby certify:
That I have examined the foregoing Grant Agreement and the proceedings taken by said
Sponsor relating thereto,:Ind find that the Acceptance thereof by said Sponsor has been duly auth-
orized and that the execution thereof is ill all respects due and proper and in accordance with the
laws of the State of Utah and further that,in my opinion,said Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
the reof.
Dated at Salt Lake City, Utah this..1 4... day of June irs 74.
Title City Attorney
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