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HomeMy WebLinkAboutOrd.4654.12-15-2014BILL NO. 14-191 ORDINANCE NO.' 4 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A STATE BLOCK GRANT AGREEMENT AMENDMENT #4 WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TO FUND THE CONSTRUCTION AND CONSTRUCTION SERVICES OF T - HANGAR #1 AND TAXILANES 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 #4 between the City of Cape Girardeau and the Missouri Highways and Transportation Commission to fund construction and construction services of t -hangar #1 and taxilanes 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. Pursuant to Section 3.15(a) of the Charter of the City of Cape Girardeau, Missouri, this measure is adopted as an emergency measure as it constitutes a Bill concerning the .immediate preservation of public peace, property, health, safety or morals, because these funds will no longer be available after January 31, 2015. Accordingly, this ordinance will take effect immediately upon its passage and qpproval. PASSED AND APPROVED THIS 1� day of 2014. (SEAL) ATTEST: Gayle L. Co rdad, City Clerk arry E. Rediger, Mayor CCO Form AC10-A Approved- 05/94 (MLH) Sponsor City of Cape Girardeau Revised 12/12 (MWH) Project No. 12-077A-1 Modified CFDA Number CFDA #20 106 CFDA Title Airport Improvement Program Federal Agency Federal Aviation Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AMENDMENT TO STATE BLOCK GRANT AGREEMENT AMENDMENT #4 THIS AGREEMENT AMENDMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the 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 -Five Dollars ($34,485) to the Sponsor to assist with T - Hangar #1 and Taxilanes, and WHEREAS, the parties entered into Amendment #1 executed by the Sponsor on September 24, 2013, and executed by the Commission on September 30, 2013 (hereinafter, "Amendment #1"), 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 parties entered into Amendment #2 executed by the Sponsor on May 16, 2014, and executed by the Commission on June 20, 2014 (hereinafter, "Amendment #2"), under which the Commission granted the sum not to exceed One Hundred Fifty Thousand Dollars ($150,000) to the Sponsor to assist with T -hangar #1 and Taxilanes, and WHEREAS, the parties entered into Amendment #3 executed by the Sponsor on September 25, 2014, and executed by the Commission on September 30, 2014 (hereinafter, "Amendment #3"), under which the Commission granted the sum not to exceed Fifteen Thousand Nine Hundred Sixty -Two Dollars ($15,962) to the Sponsor to assist with T -Hangar #1 and Taxilanes, and WHEREAS, the Commission and the Sponsor desire to formally amend the Original Agreement to extend the Project Time Period as contained in this Amendment #4. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows (1) PROJECT TIME PERIOD. Based upon the revised project schedule, the original project time period of October 30, 2014, will be extended to May 30, 2015, to allow for completion of the work. Paragraph (2) of the Original Agreement is hereby amended accordingly (2) SPECIAL CONDITIONS (A) The project will be carried out in accordance with the assurances attached to Amendment #3 (B) 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 February 1, 2015, or such subsequent date as may be prescribed in writing by the Commission. (C) All other terms and conditions of the Original Agreement, Amendment #1, Amendment #2, and Amendment #3 entered into between the parties shall remain in full force and effect [Remainder of Page is Intentionally Left Blank] 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 By Title Title By Secretary to the Commission Title Approved as to Form Commission Counsel Approved as to Form Title Ordinance No. (if applicable) CERTIFICATE OF SPONSOR'S ATTORNEY I, , 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 4