35 of 1973 - A resolution accepting the Grant Offer of the United States of America through the Federal Aviation plr
I Resolution tio. 25 i
I 13
Y Conrad B. ,Harrison I I
.. rw 1 COMMISSIONNII I
Accepting the Grant Offer of the
united States of America through 1
, I i the Federal Aviation Administration
}I in the maximum amount of$4,519,79lidr
' I I to be used under Airport Development
II Aid Program Project No. 8-49-0033-CI
in the development of the Salt Lake
II City International Airport.
I
I I Presented to the Board of Commissioners 1
i 1 AND PASSED ,
MAY 1 7 1973 f•
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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 May17, 1973
✓'
The following Resolution was introduced by Conrad B. Harrison ,
read in full, considered and adopted:
Resolution No. 35 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 $4,519,797 to be used under Airport Development Aid Program Project
No. 8-49-0033-03 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 $4,519,797
for the purpose of obtaining Federal Aid under ADAP Project No. 8-49-0033-03
in the development of Salt Lake City International Airport; and
Sec. 2. That the Mayor of the Salt Lake City Corporation, Utah, is
hereby authorized and directed to sign the statement of Acceptance of
said Grant Offer (entitled Part II - Acceptance) on behalf of the Salt
Lake City Corporation, Utah, and the City Recorder is hereby authorized
and directed to attest the signature of the Mayor and to impress 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, Herman J. Hogensen, City Recorder of the Salt Lake City Corporation,
Utah, do hereby certify that the foregoing is a full, true and correct
copy of Resolution No. 35 adopted at a regular meeting of the Board
of Commissioners of the Salt Lake City Corporation, Utah, held on the
17thday of May, 1973, and that the same is now in full force and
effect. IN WITNESS WHEREOF, I have hereunto set my hand and impres ed
the official seal of the Salt Lake City Corporation, Utah, this 01
day of May, 1973.
Signed: *,)# l�/
(SEAL) Title : City Recorder
Page 1 of 7 pages
DEPARTMENT OF TRANSPORTATION OK
FEDERAL AVIATION ADMINISTRATION A57O;�
GRANT AGREEMENT
Part 1-Offer
Date of Offer May 15, 1973
Salt Lake City International Airport
Project No. 8-49-0033-03
Contract No. DOT-FA73RM-0390
TO: The Salt Lake City Corporation, Utah
(herein referred to as the"Sponsor")
FROM: The United Stat s of America(acting through the Federal Aviation Administration,herein
refer red to as a! "FAA")
WHEREAS, he Sponsor I is submitted to the FAA a Project Application dated May 10, 1973
,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 approved 1 y the FAA i hereby incorporated herein and made a pat t lit reef;an,1
WHEREAS, he FAA h:; approved a project for development of the Airport (herein called the
"Project")consisting of tl e following-described airport deve:opment:
Land acquisition, Areas Nos. 2 through 36, inclusive,
including relocation costs.
all as more aarticularly i:scribed in the property map and plans and specifications incorporated in
the said Project Applicati m;
FAA FORM 510 13 PG.1 110-7 SUPERSEDES FAA FOR',1632 PG.1 PAGE 1
Page 2 of 7 pages
NOW THEREFORE.pI rsuant to and for tl e purpose of carrying out the provisions of the Airport
and Airway Developme it Act of 11170, as amended (49 U.S.C. 1701), and in consideration of(a)
the Spons-ir's adoptior and ratifi,ation of the represertations and assuran,es ,srntained in said
Project Al plication, at 1 its +ccept:ince of his Offer as twreinalter provided. and(h) the benefits
to accrue to the Unite d States and the p blic from the accomplishment of the Project and the
operation and mainter nee of the Airpor' as herein pvidz;l, 11 E FE1)FR.si. AVIATION AD-
MINIS7 R. TION, FOR AND ON IWF.HAI.1. OF TIIL i.`.1Tl.D ST TI IIFRII I\ OFFERS AND
AGREES o pay. as tl United Sites sha.c of the allowable cost, incurred in accomplishing the
Project,60.62% of said allowable project costs.
This Offer made on and subject to the following terms and conditions:
I. The maximum obligation of the United States payable under this Offer shall be
54,519,797.00
2. The Sponsor sh ill:
(a) begin acc mplishment of the Project within sixty (60) days
after acceptance of this Offer or such longer tune as may he prescribed by the FAA,
with failt,re to do so constiw'ing just cans, for tcrnunation of the obligations of the
United St ties hereunder by tfi FAA:
(h) carry on; and complete the I'oject withnu' undue di.lay and in :i cordan.e with the
tennis hereof, the Airport and Airway Devel,rpment Act of 1970,and Sections 132..i1-
152.6:1 o the Regulations of the Federal Aviation Administration(ILL('FR 152) in
effect as of the date of acceptance of thr Oiler:which Regulations are hereinafter
referred t:) as the ''Regulations
(c) carry our and complete the I'ro_ject in accordance with the plans and specifications
and prop'rty map, incorporated herein,as they may he revised or modified with the
approval of the FAA.
3. The allowable •osts of the project .half not include any costs determined by the FAA to
be ineligible ti r consideration as to allowabilits under Se,tine L;_'.1�for of the Regula-
tions.
4. Payment of th• United States share of the allowable proict costs will be made pursuant
to and in acco dance with the provisions of Sections 152.n5 — 152.71 of the Regulations.
Final deternrin won as to the allowabihty of the costs of the project will be made at the
time of the fit tl grant payment pursuant to Section 1)2.7: of the Regulations: Provided,
that, in the ev nit a semi-final grant payment is made pursuant to Section Cr2.7 1 of the
Regulations. fi tal determination as to the allowahility of those costs to which such semi-
final payment t dates will be made a! the time of such semi-f nal payment.
FAA FORM 5100-13 PG.2 (7-721 SUPERSEDES PREVICJS ED.lION PAGE 2
Page 3 of 7 pages
• 5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica-
tion incorporated herein and specifically covenants and 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 organleation occupy ne space or facili-
ties thereon siill discriminate against any person or class of persons by reason of race.color.
creed or nat•onal origin in the us,. of any of the facilities provided for the public on the
airport.
6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its
acceptance b✓the Sponsor.
7. This Offer shall expire and the United States shall not he obligated to pay any part of the
costs of the Project unless this Offer has been accepted by the Sponsor on or before
June 30, 1973 or such subsequent date .is may he 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 be 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 hat acquired a fee interest with federal financial assistance,
irrespective 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 nay have either present or future control over each area
identified on the Exhibit "A" as "clear zone", and unless exceptions to
or deviatilms 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 erection of
structures and control natural growth to the extent necessary to prevent
creation oI 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 said Airport. Said parking area shall be within reasonable proximity
to the FAA facilities located on said airport.
11. The sponsor will send a copy of all invitations for bids, advertised or
negotiated, for concessions or other businesses at the airport to the local
affiliate if the Office of Minority Business Enterprise (OMBE), Field Oper-
ations Division, Department of Commerce, whose address is 112 North Central
Avenue, Su;te 515, Phoenix, Arizona 85004. The sponsor will disclose
FAA FORM 5100-13 3 110-71)SUPERSEDES AA FORM 1632 •a 3 PAGE 3
Page 4 of 7 pages
and make information about the contracts, contracting procedures
and requirements available to OliBE or its designated affiliate and
minority firms on the same basis that such information is disclosed
and made available to other organizations or firms. Responses by
minority firms to invitations for bits shall be treated in the same
manner as all other responses to the invitations for bids. Compliance
with the foregoing will be deemed to constitute compliance by the
sponsor with the requirements of 49 CFR 21 Appendix C(a)(1)(x),
Regulations of the Office of the Secretary of Transportation.
12, The Federal Government does not now plan or contemplate the construc-
tion of c ny structures pursuant to Paragraph 11 of Part III - Sponsor's
Assurances - of the Project Application dated May 10, 1973, and, there-
fore, it is understood and agreed that the sponsor is under no obliga-
tion 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.
13. It is hereby understood and agreed and between the parties hereto
that as to the Land acquired or to be acquired hereunder for future
development of the airport, the sponsor will not change the existing
use of said land with or without Federal financial assistance until
the environmental, social and economic impact of the change is con-
sidered and evaluated under the procedures and requirements of Federal
law and policy then in effect.
14. It is hereby understood and agreed by and between the parties hereto
that the sponsor will acquire a fee title or such lesser property
interest is may be found satisfactory to the FAA in Areas Nos.
7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26,
27, 28, 29, 30, 31, 32, 33, 34, 35 and 36 as shown on the property
map attacied hereto and identified on Exhibit "A"; and that the
United Stites will not make nor he obligated to make any payments
involving said areas until the sponsor has submitted evidence that
it has acquired a fee title or such lesser property interest as may
be found satisfactory to the FAA in and to said areas (or any portion
thereof for which grant payment is sought) subject to no liens,
encumbrances, reservations, or exceptions which in the opinion of
the FAA might create an undue risk of interference with the use and
operation of the airport.
15.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 Programs" (49 CFR Part 25, 36 Fed, Reg. 9178);
the Regulations; and other applicable provisions of law -- the terms
used in this paragraph to Lave the meanings assigned to them under
such Act ind regulations;
Page 5 of 7 pages
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 ii 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
(b) Th.. 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 suet 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
• Page 6 of 7 pages -
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 pet form all ,acts that would have been or would still be
required of the sponsor tad the asstrances of this paragraph been appli-
cable at the times identified in th paragraph.
C. That the Utited States shall not make nor be obligated to make any
payment hereunc.er for land acquisition, or reimbursement Eor 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 he 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 ablt to comply with them under applicable State law.
7
•
f • + Page#of-7 pages
The Sponsor's acceptance of tins Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor,is herein-
after provided, and said Offer and Acceptance shall comprise a (•rant 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 Sponsor's
acceptance of this Of er and shall remain in full force and effect hroughout the useful life of the
facilities developed under the Project but in any event not to ex'cod twenty years from the date
of said acceptance.
UNITED SIATES OF AMERICA
I'LDERAL AVIATION ADMINISTRATION
1 a �i
By..VIGOR Ja.JCI>SLING r
(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 1973....
SILT,.LAI�.C.ITY.CORPORATION,.UTAH
(Name of Sponsor)
By DO NOT SIGN THIS PAGE.
(SEAL)
Title .
Attest:
Title City Recorder
CERTIFICATE OF SPONSOR'S ATTORNEY
[ Jack L. Crellin ,acting as Attorney forrtse.Salt.Lake City. Corporation, Utah
(herein referred to as the "Sponsor-1 do hereby certify:
That I have exa nined the foregoing Grant Agreement and the proceedings taken by said
Sponsor relating there!),and find that the Acceptance thereof by said Sponsor has been duly auth-
orized and that the execution thereof is in all respects due and proper and in accordance with the
laws of the State of...L tah and further that,in my opinion,said Grant
Agreemen' constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
Dated at Salt Lake City, Utah this day of . 19.
Title City Attorney
FAA FORM 00-13 PG 4(10 '(SUPERSEDES FAA FOR 11632 PG a PAGE 4