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HomeMy WebLinkAboutOrd.4564.04-21-2014RILL NO. 14-47 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A STATE BLOCK GRANT AGREEMENT AMENDMENT #2 WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TO FUND THE CONSTRUCTION AND OVERSIGHT COSTS TO CONSTRUCT A SET OF TEN T -HANGARS AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. The City Manager is hereby authorized and directed to execute, on behalf of the City, State Block Grant Agreement Amendment #2 between the City of Cape Girardeau and the Missouri Highways and Transportation Commission to fund construction and oversight costs to construct a set of ten t - hangars at the Cape Girardeau Regional Airport, Project Number 12-077A-1, and the City Clerk is hereby authorized and directed to attest to said document and to affix the seal of the City thereto. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. Article 2. This Ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS pCl� day of 2014. 6rry 4ER4ediger, Mayor (SEAL) ATTEST: A1L11eD Awa,0c Gayl L. Conrad, City Clerk CCO Form: AC10-A Approved: 05/94 (MLH) Sponsor: City of Cape Girardeau Revised: 12/12 (MLH) Project No. 12-077A-1 Modified: CFDA Number: CFDA #20.106 CFDA Tale: Airport Improvement Program Federal Agency: Federal Aviation Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AMENDMENT TO STATE BLOCK GRANT AGREEMENT AMENDMENT#2 THIS AGREEMENT AMENDMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and City of Cape Girardeau (hereinafter, "Sponsor"). WITNESSETH: WHEREAS, the parties entered into an Agreement executed by the Sponsor on May 22, 2013, and executed by the Commission on June 6, 2013, (hereinafter, "Original Agreement") under which the Commission granted the sum not to exceed Thirty Four Thousand Four Hundred Eighty Frve Dollars ($34,485) to the Sponsor to assist with T - Hangar #1 and Taxilanes; and WHEREAS, the parties entered into an Agreement executed by the Sponsor on September 24, 2013, and executed by the Commission on September 30, 2013, (hereinafter, "Amendment flu) under which the Commission granted the sum not to exceed Five Hundred Two Thousand Six Hundred Ninety Seven Dollars ($502,697) to the Sponsor to assist with T -Hangar #1 and Taxilanes; and WHEREAS, the Commission previously approved funds for T -Hangar #1 and Taxilanes; and WHEREAS, the level of funding originally approved is not sufficient to cover the costs associated with T -Hangar #1 and Taxilanes. WHEREAS, the Commission has sufficient funds to increase the grant amount for T -Hangar #1 and Taxilanes. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) ADDITIONAL GRANT: The Commission grants to the Sponsor an additional sum not to exceed One Hundred Fifty Thousand Dollars ($150,000) for T - Hangar #1 and Taxilanes subject to the following conditions: (A) The Sponsor shall provide matching funds of not less than Sixteen Thousand Six Hundred Sixty -Seven Dollars ($16,667) towards the project in addition to those previously committed by the Sponsor in the Original Agreement. (B) The project will be carried out in accordance with the assurances (Exhibit 1) given by the Sponsor to the Commission as specified in the Original Agreement. (C) This Amendment shall expire and the Commission shall not be obligated to pay any part of the costs of the project unless this grant amendment has been executed by the Sponsor on or before April 30, 2014, or such subsequent date as may be prescribed in writing by the Commission. (D) All other terms and conditions of the Original Agreement and Amendment #1 entered into between the parties shall remain in full force and effect. IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below: Executed by the Sponsor this _ day of 20 Executed by the Commission this _ day of , 20 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU Title Secretary to the Commission Approved as to Form: Commission Counsel 2 By _ Title By _ Title Approved as to Form: Title Ordinance No. (if applicable) CERTIFICATE OF SPONSOR'S ATTORNEY 1, , 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 and Sponsor's official representative have 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 Airport and Airway Improvement Act of 1982, as amended. 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 constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. CITY OF CAPE GIRARDEAU Name of Sponsor's Attorney (typed) Signature of Sponsor's Attorney Date