HomeMy WebLinkAboutRES.666.09-16-1991 r
BILL N0. 91-203 —/, ' '
RESOLUTION N0. �c2�
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A GRANT AGREEMENT WITH THE U.S.
DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION
ADMINISTRATION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS :
ARTICLE 1. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized and directed to enter
into a Grant Agreement with the U.S . Department of Transportation,
Federal Aviation Administration, for the Cape Girardeau Municipal
Airport/Planning Area, Project No. 3-29-0013-05, Contract
No. DTFA09-91-A-40062 . A copy of said Agreement is attached hereto
and made a part hereof .
PASSED AND ADOPTED THIS � DAY OF , 19�.
�• �-,,s � � >,
.- f, , � . ��
�\ rancis E. Rhodes, Mayor
ATTEST:
.
Jul ' e A. Dale, Deputy City Clerk
. ;�.:.�
.�`'�
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Page 1 of 5 pages
U.S. DEPARTMENT OF TRANSPORTATTON
FEDERAL AVIATION ADMZNY5TRATION
GRANT AGR.E�MENT
Part 1 - Offer
�
� nate af 4ffer
�� Cape Gzrardeau Municipal AirpQrt/Plann�ng Area
�
Project No. 3-29-0413-05
Cantract No. DTFA04-91-A-4006Z
T0: City of Cape Girard�au, M�ssouri
(herein called th� "Sponsor") _
F�OM: The United States of America (scting through the �ederal Aviation
Ad�inistration, herein called the "�AA"}
VHEREAS. the Sponsor has submitted to the FAA a Praject Application dated
April 10, 1991, for a grant of Federal funds for a project at or associated �ith
the Cape Girardeau Mun�cipal Airport/Fianning Area vhich Project Application, as
�pproved by the FAA, is hezeby incorporated here�n and made s part hereof; and
TdHEK�AS, th� FAA has approved a pzoject for the Airpart o� Planning Area
{here�n called the "Project^� consisting of the ftilloving:
�enovate/expand terminal building,
Y
all as more parcicularly described in the Project Application.
.,.. -: __ . - - -
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_�: �-,.�:.__ _ _ _ :. -_. , _�- � _, _ ,,�,_ �- ,. w�. .
FAA Form 5100-37 (8-90)
Page 2 of S pages
NON THEl�EFORE, pursuant to and for the purgose of carrying out the provisions of
the Airport and Airvay Zmprdvement Act of 1482, as �mended by the Airport and
A�rway Safety and Capacity Expansion Act of 1987, he�ein cailed the "Act, "
�nd/or the Aviation Safety and Noise Abatement Act of 1914, and in consideration
of (a) the Sponsor's adoption and zatifi�ation of the representatians and
assurances contained in said Project Application and its ecceptance af this
Offer as hereinafter provfded, and (b) the benefits to accrue to the United
States and the publfe fro� the accomplishment of the Projece and campliance
vi�h the assurances and conditione as herein provided, THE FEDERA� AVIATION
ADMINISTRATTON, FOR AND ON BEHA�F OF THE UNITED STATES, HEREBY OFFERS AND AGREES
to pay, as the United States' share of the allovable costs incurred in
accomplishing the Project, seventy-five percent (75z? thereof.
! \
��
This Q�fer is made on and sub�ect to the fallowing terms and conditions:
�anditfons
I. The maximum obligation of the United States gayable under this offer
shall be $428,499. For the purposes of any future grant amendments
which may increase the Foregoing maxinum obligation of the United
States undez the prflvisions of Section 512(b) of the Act, the
foliawing amounts aXe being specified for this purpo&e:
$ -0- for planning
$428,499 foz airport development or noise grogram
implementation,
2. The allowab�e costs of the project shall not include any costs
determined by the FAA tQ be ineligible for consideration as ta
allouabzlity under the Act.
3. Payment of the UnSted States ' share o� the allaWable project casts
will be made pursuant to and in accordance with the provisions of such
regulations and procedures as the Secretary shall pr�scribe. Final
determinacion of the United States share vill be based upon the final
audit of the total amount of allovable graject costs and settlement
viil be made for any upward or do�mvard adjustments to Che Federal
share of costs.
4. The Sponsor shall carry out and compiete the PFoject without undue
delay and in accordance vith the terms hereof, and such regulations
and procedures as the Secretary sha11 prescribe, and agrees to co�ply
with�the assurances which vere made part o� the project application.
S_ �ha �'AA_reservQs_ the_ right_ to,.amend or, Withdrav, this offer at any time
__ : . , . . - -
� prior to fts acceptance by the Sponsor. �� -
6. This offer shall expire and the United States shall not be obligated
to pay any part of the costs o£ the praject unless this a�fer has been
accegted by the Sponso� on or befare Se,ptember 27. 1991, or such
subsequent date as may be prescribed in writing by the FAA.
FAA Form 5100-37 ($-90)
� Fage 3 of 5 pages
� 7 , The Sponaor shall take all steps� including litigation if necessazy,
' �o reCover �ederal £unds spent fraudulenkly, wasteful2y, or fn
violation of Federal antitrust statutes, or misused in any ather
�anner in any project upon �hich Federal funds have been expended.
For the purposes of this Grant Agreement, the term "Federal funds"
means funds however used or disbursed by the Sponsor that were
originally paid pursuant to this or any other Federal Grant Agreement.
�t shall obtain the apgzoval o£ the Secretary as to any determiriatiion
of the amount of the Federal sha�e of such funds. Zt shall return the
recovered Federal share, including funds recovered by settlement,
� order, or judgment, to the Secretary. It sh�Il furnish to the
f Secretary, upon request, all documents and recards pertaining to the
�� determination af the a�ount of the Federal share or to any settle�ent,
litigation, negotiation, or other efforts taken to recover such funds.
V All settlements or other finai gositions of the Sponsar, in court or
otherwise, involving the rec�very of such Federal share shall be
app�oved in advance by ehe Secreta�y.
8. The United States shall not be responsible or liable for damage to
property or injury to persons vhich �ay arise from, or bQ incident to,
compliance �ith this Grant Agreement.
9. It is understood and agreed by and bet�een the parties hereto, thak
this Grant Offer is made and accepted on th� basis of preliminary
plans and/or specifications and the garties hereby coven�nt and agree
that by October 3b, 1991, the Sponsor shall furnish final plans and/or
specifications t4 the FAA and that there shall be no advertisement for
bids for acquisi�ion of equipment or accomplishment o� work and na
commence�ent o£ work untiZ the final plans and/or specifications
therefor have been approved by• the FAA. The parties da hereby £urth2r
cQvenant &nd agree that any reference made in this Grant Offer or in
Che aforesaid Project Application to plans and/or specificatians shall
be considered as having reference ta said Final plans and/or
specificaeions as sa approved.
20, The Sponsor �grees �hat uniess otherwise approved by the FAA, it will
not acquire or permit any contractor or subcontractor to acquire any
steel or manufactured products prvduced outside the United States to
be used for any project for airpor� deve3opment or noise compatibility
for which funds are pzovided under this grant. The Spansor will
inciude in every cont�act a provision im�lementing this special
condition. ,
11. It is understood and agreed by and between �he parties heretu that the
United States shall make no payment vh3ch could cause the aggregate af
all �ayments under this project to exceed 90 percent of the estimat�d
United States' share of the total estimated pro}ect costs, exciuding
contin�ency items, or 90 percen� of the maximum United States'
� � oa't�g�tion� bcsteu- in tfi�s Granc Agxeement; whic:�zver zs lo�er, until
the Sponsor has subusitted an Exhibit A Property Map vhich shows alI
airporG praperty interests held by sgonsor and ta be acquired under
this project, t�oth fee and easement, and said Exhibit A has been found
satisfaceory by the FAA.
FAA Form 51Q4-37 (8-90?
� Fage 4 of 5 pages
' 12. It is understood and agreed by and betveen the parties hereto that the
� United States ehall make no pay�ent Which could cause the aggregate of
aIl payments under this praject to exceed 90 percent of the estimated
United States ' share of the total estimated pro�ect cosLa, excluding
contingency ite�s, or 94 percent of the maximum United States '
obligation stated in this Grant Agreement, whichevez is lover, until
the Sponsar has submitted title evidence satisfactnry to the FAA that
it currently holds satisfactory property interests in and ta the
exieting airport property as depicted on the Exhibit A Property Map.
i3. it is hereby understood and agreed that the total cost of the terminal
building renovaCion/expansion is estimated Lo be $1,101,539, ho�eveX,
Federal garticipation (75X) is li�ited to public use portions of the
terminal building (51.8I) ; therefore, Federal participation hereunder
sha13 he 38.9z (7S7 x 51.8X a 38.4X) of total estimated costs. It is
1\ J further understood and agreed that Sponsor shall maintain, as a gart
���'t of the cost records for thzs project, separate cost records pertaining
� � � to ineligihle vork excluded from Federal participstfon, vhich reCords
shall be made available for inspection and audit to the end that the
cdsta of excluded items can be definitely determined.
_ : �_::-- �.- — _ _ _
___.--__ _ .. . _,,
� . . � __ ,>... ,,;._ _ e<.. v , � --
FAA Form 5100-37 (8-40)
� Page 5 of S pagee
� � The Sponsot' s acceptance af this Offer and ratification and adoption of the
. Project Appiication incorporated herein shall be evidenced by execution of this
instru�ent by the Sponsor, as hereina£ter provided, and this Offer and
Acceptance ehall coroprise a Grant Agreement, as prQvided by the Act,
constituting the contractual obligations and rfghts of the Uni�ed States and
the Sponsor with respect to the accomplfshment of the Froject and comgliance
vith the assurances and conditions as pravided herein. Such Grant Agxeement
shall become effective upon the Sponsor's acceptance of this Offer.
UNZTEA STATES OF AMERICA
FEpERAL AVIATYON ADMXNISTRATION
(Name)
/' (Titie} Manage_r_�Airports D visiCn�
�`` C�ntral Region
��
Part FX - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,
representations, warranties, covenants� and agreecnents contained in the Project
Appli.catfon �nd incorparated materjals referred to in the foregoing Of£er and
doea tsereby accepx this offer and, by such acceptance, agrees to compiy with all
of the terms and conditions in this Offer and in the Project Applicatiotl.
Executed this day of , 1q ,
CITY OF CAPE GIRAR.DEAUL3�4ISSOURI
(Natne of Sponsor)
By -- -
(Sponsor` s D�signated Official
(SEAL) Rep�esentative}
Title
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
T, � acting as Attorney far the Sponsor, do hereby cer�ify:
That in my opinion the Sponsor is empoWered to enter into the forego3ng
Grant Agreement under the laus of the State of Missouri. Further, I have
examined the faregoing Grant Agreement and the actions taken by said Sponsor
relating thereto, and find that acceptsnce thereof by said Sponsor and Sponsor' s
afficial representat�ve has been duly authorized and that the execution thezeof
ie ±� �1�-_ r.esj eit� d4� -�rd-prapes _and in�sccordar.ce wicr;�t'^e lavs of the said
State and khe AcC. In addition, for grants involving projects to be carried out
on pragerty not owned by the Sponsor, there are no legal i.mpediments that will
prevent fu21 performance by the Spansor. Further� it is my apinion that the
said Grant Agreement constitutes a legsi and binding obligation of the Spansor
in accordance with the terms thereof.
Dated at this � day
oE , 19 .
Signature of Spansor` s Attozney
FAA Fo�m 5100-37 (8--9Q)
.i..�. T�^.T F.i r�.�.-.� _.� _
• Page 1 of 5 pages
. ' U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 - Offer
Date of Offer �'�;� ,� ,v' ���'
Cape Girardeau Municipal Airport/Planning Area
Project No. 3-29-0013-05
Contract No. DTFA09-91-A-40062
T0: City of Cape Girardeau, t4issouri
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation
Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated
April 10, 1991, for a grant of Federal funds for a project at or associated with
the Cape Girardeau Municipal Airport/Planning Area 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 the Airport or Planning Area
(herein called the "Project") consisting of the following:
Renovate/expand terminal building,
all as more particularly described in the Project Application.
FAA Form 5100-37 (8-90)
- Page 2 of 5 pages
• NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of
� the Airport and Airway Improvement Act of 1982, as amended by the Airport and
Airway Safety and Capacity Expansion Act of 1987, herein called the "Act, "
and/or the Aviation Safety and Noise Abatement Act of 1979, 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 compliance
with the assurances and conditions as herein provided, THE FEDERAL AVIATION
ADMINISTRATION, 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, seventy-five percent (75�) thereof.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer
sha11 be $428,499. For the purposes of any future grant amendments
which may increase the foregoing maximum obligation of the United
States under the provisions of Section 512(b) of the Act, the
following amounts are being specified for this purpose:
$ -0- for planning
$428,499 for airport development or noise program
implementation.
2. The allowable costs of the project shall not include any costs
determined by the FAA to be ineligible for consideration as to
allowability under the Act.
3 . Payment of the United States ' share of the allowable project costs
will be made pursuant to and in accordance with the provisions of such
regulations and procedures as the ,Secretary shall prescribe. Final
determination of the United States share will be based upon the final
audit of the total amount of allowable project costs and settlement
will be made for any upward or downward adjustments to the Federal
share of costs .
4. The Sponsor shall carry out and complete the Project without undue
delay and in accordance with the terms hereof, and such regulations
and procedures as the Secretary shall prescribe, and agrees to comply
with the assurances which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time
prior to its acceptance by the Sponsor.
6. This offer shall expire and the United States shall not be obligated
to pay any part of the costs of the project unless this offer has been
accepted by the Sponsor on or before September 27, 1991, or such
subsequent date as may be prescribed in writing by the FAA.
FAA Form 5100-37 (8-90)
� Page 3 of 5 pages
� . 7. The Sponsor shall take all steps, including litigation if necessary,
' � to recover Federal funds spent fraudulently, wastefully, or in
violation of Federal antitrust statutes, or misused in any other
, ' manner in any project upon which Federal funds have been expended.
For the purposes of this Grant Agreement, the term "Federal funds"
means funds however used or disbursed by the Sponsor that were
originally paid pursuant to this or any other Federal Grant Agreement.
It shall obtain the approval of the Secretary as to any determination
of the amount of the Federal share of such funds. It shall return the
recovered Federal share, including funds recovered by settlement,
order, or judgment, to the Secretary. It shall furnish to the
Secretary, upon request, all documents and records pertaining to the
determination of the amount of the Federal share or to any settlement,
litigation, negotiation, or other efforts taken to recover such funds.
Al1 settlements or other final positions of the Sponsor, in court or
otherwise, involving the recovery of such Federal share sha11 be
approved in advance by the Secretary.
8. The United States sha11 not be responsible or liable for damage to
property or injury to persons which may arise from, or be incident to,
compliance with this Grant Agreement.
9. It is understood and agreed by and between the parties hereto, that
this Grant Offer is made and accepted on the basis of preliminary
plans and/or specifications and the parties hereby covenant and agree
that by October 30, 1991, the Sponsor shall furnish final plans and/or
specifications to the FAA and that there shall be no advertisement for
bids for acquisition of equipment or accomplishment of work and no
commencement of work until the final plans and/or specifications
therefor have been approved by the FAA. The parties do hereby further
covenant and agree that any reference made in this Grant Offer or in
the aforesaid Project Application to plans and/or specifications shall
be considered as having reference to said final plans and/or
specifications as so approved.
10. The Sponsor agrees that unless otherwise approved by the FAA, it will
not acquire or permit any contractor or subcontractor to acquire any
steel or manufactured products produced outside the United States to
be used for any project for airport development or noise compatibility
for which funds are provided under this grant. The Sponsor will
include in every contract a provision implementing this special
condition.
11. It is understood and agreed by and between the parties hereto that the
United States shall make no payment which could cause the aggregate of
all payments under this project to exceed 90 percent of the estimated
United States ' share of the total estimated project costs, excluding
contingency items, or 90 percent of the maximum United States '
obligation stated in this Grant Agreement, whichever is lower, until
the Sponsor has submitted an Exhibit A Property Map which shows all
airport property interests held by Sponsor and to be acquired under
this project, both fee and easement, and said Exhibit A has been found
satisfactory by the FAA.
FAA Form 5100-37 (8-90)
• Page 4 of 5 pages
, 12. It is understood and agreed by and between the parties hereto that the
United States shall make no payment which could cause the aggregate of
all payments under this project to exceed 90 percent of the estimated
United States ' share of the total estimated project costs, excluding
contingency items, or 90 percent of the maximum United States'
obligation stated in this Grant Agreement, whichever is lower, until
the Sponsor has submitted title evidence satisfactory to the FAA that
it currently holds satisfactory property interests in and to the
existing airport property as depicted on the Exhibit A Property Map.
13. It is hereby understood and agreed that the total cost of the terminal
building renovation/expansion is estimated to be $1,101,539, however,
Federal participation (75%) is limited to public use portions of the
terminal building (51.8%) ; therefore, Federal participation hereunder
shall be 38.9% (75� x 51.8% = 38.9�) of total estimated costs. It is
further understood and agreed that Sponsor shall maintain, as a part
of the cost records for this project, separate cost records pertaining
to ineligible work excluded from Federal participation, which records
sha11 be made available for inspection and audit to the end that the
costs of excluded items can be definitely determined.
FAA Form 5100-37 (8-90)
, � � Page S of 5 pages
' . 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 this Offer and
Acceptance shall comprise a Grant Agreement, as provided by the Act,
constituting the contractual obligations and rights of the United States and
the Sponsor with respect to the accomplishment of the Project and compliance
with the assurances and conditions as provided herein. Such Grant Agreement
shall become effective upon the Sponsor' s acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AV : ION ADMIN STRAT N
.�"
(Name) � �
(Titl�j Manager, irports Division,
Central Region
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,
representations, warranties, covenants, and agreements contained in the Project
Application and incorporated materials referred to in the foregoing Offer and
does hereby accept this Offer and, by such acceptance, agrees to comply with all
of the terms and conditions in this Offer and in the Project Application.
Executed this a�� day of rq , 1g 9/,
CITY OF CAPE GIRARDEAU,MISSOURI
(Name of ponsor) >
��
g y ' �,�-C�� `=�--�-2
ponsor' s Designated Official
(SEAL) Representative)
Tit1e 1.,1 �U N�(�n����
Attest:
Title: � ;( �1 'i�--
�
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
relating thereto, and find that acceptance thereof by said Sponsor and Sponsor' s
official representative has 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 Act. 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 Agreement constitutes a legal and binding obligation of the Sponsor
in accordance with the terms thereof.
Dated a :DO A this 30Xw day -
o f � , 19 9/ . �' �
/ G Sig tu ponsor' s Attorney
' FAA Form 5100-37 (8-90)
• � ' � . �� !�, 0�1�M 1l�prov�l 1�0.�llj-OOIJ
�pPLICATION FOR L o,,n u�r�m �„„�,,,
FEDERAL ASSISTANCE April 10, 1991 �
1. TYTt Of LUs+��1l�OM: 3.D.�.TY RlCtIYiD iY iTATI Sta4/�pp�C�ICn k�v�tl�hM
�.ubon ; h+�DP��uMa++
ConslruCtion ; � C.orx�aon .
L QAT[Rf4tlYiD�Y IiDtA�l.M[T1GY fsd�rd k7�ntlfiw
[] FiprConstrVCt�on ❑ hl�rrC•onsWcfion
{. /Jtt.1GAN�IN FOR W TX?�t
��W rty: p�pa n W 1 ipnal Un l:
Ca e Girardeau Munici al Air ort City of Ca e Girardeau, Missouri
Addrw(Drrr ufY.CounA'.�taw.rid tip tod�): ' td�rrH artid t+i�d�aw rxxnC�r d tt�p�r�on to b�oonuttad on matt�rs irno�virq '
401 Independence mu ►.�+cac;«, �w.na cad.) . -
P. 0. box 617 Mark Seesing
Cape Girardeau, Missouri 63702-0617 (314) 334-6230
�. WIt0YF11 ID(KTIFIC.►T1UN Mll1�lER�E1NJ: 1. Mi Of A!}'LJC+UiT:(MlH�lpprppfi�l�itlllf,i'1 Do.r)
� � Il Sut� H.4idpKdMt 8cl+od Disi.
B. Cux�ty l. Stit�Conuot3�d kvcotution d Hqhw Lsxnu�q
LiYKOF.1anIC.�nOH: C. uun:c�a! J. Privst�lJniY«Yty � �
O. 7orrrut�ip K hC4n Trib� �
� N�w ❑ Contiwacion � Rev+s�on E tiurstat• L. ind'rv�dud '
F. ht«martidpal 1.1.Pro(it Orpaniution
tl Rrv=s+on.en1a�appoq�i�t�1�nH(s)in bwc(n1� ❑ ❑ �. Sq�c:ia!D'auict N.Ocfia(6p�c.ify�.
A k*usa�Award 8.D�cJaas�Awud C. hasa�DtXation
�.n«�.•�s o�+�,�an om«(rv+uryl� �, wu+c o�raa�Ru,�.oc�c-r; Federal Aviation Administrati
Airports Division
Central Region-601 E. 12th St
1�. UT.uoo or FED£a�.L oo+rt.snc 2 � 1 � 6 tt. ofsattvrnrf rma o+�vvt.,caxr�►s�so�cr: .
ASS�fTAliCE NUMOEA •
Renovation of Existing Terminal Building
7mE: Airport Improvement Program Water System Improvements
. AJtE�IS AFFEC7E0 tY PROJECT(cili�s. covnfi�s.ttaHi.�fc.)'
Cape Girardeau County, Missouri , �
11 ►ROPOEED►ROJEGi: 1�. COHGAESS�ON.LL DIS1R1(,TS Of:
Start Dat• Endinq D�t• a ApQl�c+nt �h Ptof�tl
July, 1991 July, 1992 8th 8th
tf.EST11uTED/UNDIHO: 11.tS A►PLICATIOfi iV0.1ECT TO REYIEW tY STATE DCECUTIVE OADER 15�72 ►li4CFSSt
a r�s n�,�s Pa��►nawar�uc�+na+w�s�xvaxas�e 7o n�+�
a F�� = 764,343 � STA7E D�LITNE OF3DER 12372 PfaOCESS FOA REl/1EW Ot1:
�. �°+�"�,c 3 8 0 9,4 7 9 � . �+� -
`�'`' = 3 8,217 'Q0 p �. ❑ pppG��NpT GOvERFD BY EO.12172
d Loul = AO
� Ofi P�OGfVW HAS NOT BEEN SFIFCTED BY STATE FOA R£VtEW
• Octwr t .00
1. Roqr�rn tncorrr i � .DO 1�. ri Tx[I.'tt1G.�.Jtt Df1.u+ouEXT ON IucY ILDfJ�►�DUTT
pY., M "Ysa.-.ttacf,�n o�t.n.tion. � ►io
p TOTAL = 1,602,039 � �
11 TO TM[t[2T Of W KHOwLFDQE A)1D iEUV.A11 DATA MI iKli Alfi►G1i�tfitEa11t1CA?10M I.RE iMJE AJ�10 CA�tREGT,iNE OOGlYEMT►tl�i tEEtl OUL�
IUTHOAl2E0�Y THE QOVERHINC 60W Of TN!A1IlKa►(i�HD TT�[AHl1CAF(T MlL C01�KY YrTM iT1E ATTAt11E0 ASiV1l.WCLt If TTt[.►SSISTAI+CE 11 AWA11DfD
�.TYpoC Narnt pf Iluthwrii�R�ptas�n4trv� D Titi� c T�aphon�numb�r
Alvin Stoverink Asst. Cit Manager (314) 334-1212
d Sqna�ur�of Autha�t�4 Rrp�wnt�tiv� , -- • D�t� SqMC
G��� . '" 4-10-91
evwus a�trons o1 UuOi• I�ndi�C orm I 1 i V � d8
V��KnbeC CY OMB UK���� A•10
U.S.DEPARTMENT OF'TRANSPOi27ATION . FE�ERAL AVIATION ADMINISTRATION
oMe No. eo•Ro�e� ,�
� PART II
( .
' PROJECT APPROVAL INFORMATION
SECT(ON A
Item 1."
Does this assistance request require State, local, NamA of Governing Body �
re�ivnal;, vr ot�er{u,ic�rtAy r�atirtg? Pr.iizrity �'ating.
�_ �Yex. XX �
�tem 2.
Does this assistance request require State, or local Name of Agency or
advisory, educational or health clearances? Board '
� Yes_.XX No (Attach Documentation)
Item 3. .
Does ihis assistance request require clearinghouse review (Attach Comments) •
in accordance with OMB Circular A-95?
' �X Yes No '
Item 4. '
Does this assistonce request require State, �oca�, Name of Approving Agency
regionol or other planning approval? Date
,- XX Yes No
.em 5.
Is the proposed project covered by an approved Check one: State �
comprehensive plan? � Local �
Regional �
XX Yes No Location of plan _�,'�Y��-��_�s���. ���
Item 6.
Will the assistance requested serve a Federal Name of Federal Installation
installation? Yes XX No Federal Population benefiting from Project
�tem ]. ' �
V1ill the assistance req�ested be on Federal land Name of Federol Installation
or installation? Locotion oF Federal Land
_ Yes�No Percent of Project
�tem $. , -
Will the assistvnce requested have an impact or effect See instruction for additional information to be
on the environment? provided.
Yes XX No
(tem 9. Number of:
Will the assistance requested cause the displacement of Individuals •
individuals families, businesses, or forms? Families
Businesses
Yes No Farms
m 1 Q.
���-r�s there other rel.aisd Federa� assistance o�.tlais See irrstrvdrimrrs ftsr addrit•iartal infbrmatian to 6e
projert previou�s, pending, or anficipated? provided. �
Yes XX Na '" '
FAA Form 5100-100 f6-731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7
__'. _ Paqe 2
�� • U.S. DEPARTMENT OF TRANSPORTATION•FEDERAL AVIATION ADMINISTRATION , OM�B NO.04•R0209
PART II - SECTIOiV C
The Sponaor hereby represents and certifies as Eollows:
1. Compatible Land Use.—The Sponsor has taken the lollowing actions to assure compatible usage of land adjacent to or in
the vicinity oE the airport:
City has an adopted comprehensive plan ( 1987 ) with a land use plan
element . City has zoning and subdivision regulations in effect .
Specific airport use and height ordinances have been prepared
and in process of adoption . City annexed the airport property
effective August2l , 1989 .
2. Defaults.—The Sponsor is not in default on any obligation to the United States or any agency o[the United States Govern•
ment relative to the development,operation,or maintenance of any airport,except ac stated herewith:
NOT IN DEFAULT
r�
; .
3. Possible Disabilities.—There are no facts or circumstances (including the existence oE effective or proposed leases, use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings)
which in reasonable probability might make ii impossible for the Sponsor to carry out and complete the Pro)'ect or carry out the
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise,except as follows:
NONE
. �.
4. Land.—(a) The Sponsor holds the following property interest in the following arcas of land* whic:h are to be devel�ped
or used as part of or in connection with the Airport, suhject to the iollowing exceptions, encumbrances, ancJ aelverse interest�,
all of which areas are identified on the aforementioned property map designated as Exhibit "A":
See attached attorney ' s Opinion of Title ( 11-1-89 )
.;
!;:,-y` :y'• -
- .*State characler of property intereat in each area and lis�and identijy jor each al!excep�inns, encumbran�ea,and�eduerse interes�s
of euery kind and npeure, inc/uding liena, easemenes, leasea, elc. The separate areas oj fand need on(y be idenlijied here l�y the
orea nu+nbera shown on the property map. Y
FAA Fo�m b100-100�a-�s� p.,,e ,.,
��.S. DEPARTMENT OF TRANSPORTATION—FEDERAL AviATioN ADMiNISrRArION
OMB NO.04•R0209
f�
PART II - SECTION C (Continued) '
The Sponsor further certifies that the above is based on a title examination by a yualified attorney or title company and that
such attorney or title company has determined that the Sponsor holds the above property interests.
- (b) The $ponsor will acquirc within a reasonablc time, but in any eveht prior to the start of.any cunstruction work under
the Project, the following property interest in the following areas of land* on which such construction work is to be performed,
all of which areas are identified on the aforementioned property map designated as Exhibit "A": �
N/A
(c) 'fhe Sponsor will acquire within a reasonable time, and iE feasible prior to the completion of all construction work under
� the Ijroject; the following property interest in the following areas of land* whi,ch are to be developed or used as part oi or in
connection with the Airport as it wi!( be upon completion of the Project, all of which areas are identified on the aforementioned
property map designated as Exhibit "A": �
N/A
, .
S. Ezclusive Rights.—There is no grant of an exclusive right for the conduct of any aerortiautical activity at any airport owned
or controlled by the Sponsor except as follows:
NO . �
'�' late charocter oj property in�erest in each area and liat and fden�ijy jor each all exceptions, encumbrances,nnd adverse interest,t
�:-;__;:;,�j euery kind and nalure, including lienf, easements, leases, etc. 7'he aeparate areas oj land need only be identijied here by the
'vrea numbe�s shown on lhe property map.
FAA Fo�m 5100-100 �a-�e� --- P�qe 3b
� rM�c e t oe9 i3
' U..5.DFP,VdTM�W7 Of TRAf�tSF'OK'fAT10N—FED�RAL AV1AT10N AD#Rf NISTRATION o�e M O. �0•q 0 1�4
� _ PART III - BUDGET INFORMAT(ON - CCNSTRUCTION
�
SECTION A - GENERAL
l. Frdsro! Domest;c Assistancc Catalog No. . . . . . . . . . . . . 20.106
I �
j2. fu�ctio�al �r Qther Breakout . . . . . . . . . . . . . . . . . . . .
` SECTION B - CALCULATION OF FEDERAL GRANT
Us� onlr fw r�visiona
Twol
Cos� Claasifico�ion Amount
Lat�:t Appov�d AdjustrneM R�quired
AnwurA ♦ « (-)
1. Adminisiration expense S S S
2. Preliminary exp�se -
3. Land,sti�c�ures, tigilt-of-way. ,
4. Architectural engineering tiasic fees
5. Other architectural engineering fees . - 131,200
5. Project inspection fees
1. Land developmerrt � '
I 8. Relocation Experrses � �
. �elocation payments to lndividuais an� 6usinesses �
]0. Demolition and removal
11. Construction and project improvement 970,339
I2. Equipment
13. Ifi stel l aneou s
1,101,539
14. Total(Lmes 1 through 13) �
15. Esiima#ed Incorne(if applicable)
16. t�et Pro;ect Amount (Line 14 minus 15)
11. Less: Ineligible Exclusions .
18. Add: Contingencies
, 19_ Total Project Amt. (Excluding Rehabilitation Grants) 1,101,539
20. Federal Share requested of Line 19 38 0 418,585
21. Add Rehabilitation Grants Requested(100 Percent)
22. Total Federal grant requesfed(Lines 20 & 21)
�3. Grantee share 648,806
,. Oiher shares 34,148
. Z5. Total project(Lines22, 23 & 24) S S S 1,101,539
FAA Fo�,,, S�OO-lOO (6 73) SUPERSEOES F�A FORM 5100-10 PAGES 1 THRI: 7 p�Q 4
"AP.1MkF�1 ur lic/�NSPORTATION • FEDERAL AVIATION ADA(INISTRATION o4e �o �o•.+oi�•
SECTION C — EXCLUSIONS
Cl��silit�tiM Irvlipibl• �x Eacl�.d�d Irom
Prr�cl'otisn C�n�inq�ncy Provi►io�
26 �
�, f S
b
� '
d
I.
o. T otela S S
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share s
� � \Vft111I1PG
b. l,4ortgages
t. Appropriations(By Applicantl
d. Bonds
e. Tax Levies
(. Non Cash
g. Other(Ezplain)
h. TOTAL — Grantee share 648,806
2R. Other Shares '
a. S�ate
b. Othcr
c. Totaf Other Shares 34,14E
29. TOTAI S 682,954
SECTION E — REMARKS .
PART IV PROGRAI� `lARRATIVE Attach — See Instructions
FM Form $�QQ.�QQ 16-731 SUPERSEDES FAA fORM SIC PAGES 1 TM11U 7 Pp9f S
1AA AC 73•n2:1Z
/ �
ASSURANCES
Alrport Sponsors
a c.�.w.
1. Theae assurances shall be complied with in the pertortnance ot grant reements (or ai
airport planninfl, and noise compapbiUtY P�9ram qranb to � �rt��P��
airport aponsora.
2. Theae aaaurances are required to be submitted aa part of the project application by sponsors iequesdng
hu►d� undar the provisiona of the A'upart and Airway Improvement Act ot 1982, as amended by the,qirpoR
and Airway Satery and Capadry Exparoion Act of 1987, or the Aviadon Satety and Noise Abaeamertt Act
of 1979.Aa uaed herein, the tertn pudic agency sponaor mearta a puWic agenc.y with ccntrol of a
publio-use airport; the term prtvate sponsor means a private owner of a pubGo-use airport;and the tertn
sportsor inciudea public agency spanaoia anC prtvate sportsara.
9. Upon acceptance of the grant oHer by the sponaor, these aaaurancee are incorporated in and becams
part of the grant agreement
8. DunUon and Appltcablllty.
1. A(rport Dewlopment or Nolsa Compatfbtllty Prognm Pro��ets Undertaken by a Publb Ag�e�►
3ponsor. The oerma,condidona and asaurancea of the grant agreement shatl remain in fuN foroe and
eHect thtoughout the usefuf life of t�e faciGti�ea devebped or equipment acquired for an airport
develoPment o�noise compatibiiity prvqram ptoject,or If�rouqhout the useful life of the project itema
i�talbd within a lacility under a no�as compatib�iry program project, but in any event not to exceed
Mr�nty(20)years from the date of aoceptance af a grant ol(er of Federal f�x►ds for the projeci However,
tMro shaM be no hmit on tt�e duradon of the aasutance againat exclusivo righes or the mrtna,eonditlorts,
and assurances with respect to real properry acquired with Federal funds. Furthertnora, the chxatian of
tM Cnrtl Righla asaur-anae shall be as specitied in the aaauranoe.
t Alrpott O�w4opm�nt or Nols�Compatlblflry Proflrnn Projeats Undertak�n by a"Pr�vat�
Sponsor. The precedin9 para4raph t alao applies to a prtvata spo�sor exoapt that tt�e usetui lifo of
proj�cct items inatalled within a fadllry or�e usaful life of faaAties devebped o�eguipment acquirsd under
an airpart davebpment or nasa compadbility program project shalf be no leas then 10 yeats from tho
date of ths axeprance ot Federal aid!or the projeeL
9. Alrpott Pla��lnp Undertaken by a 3ponaor. Unlesa otherwise speciHed i� the grant agreement,only
Aaaurancea 1, 2,3,5, 6. 13. 18, 30,32 33,34,and 36 in Seabn C apply co pianning projecta. Ths
tertns,conc5tiona,and assurances of tf�e grant agreement shall remain in (up lorce and effect duriny ths
life of the projeci
C. 3po�sor CKtlflcaUon. The sponsor hereby aasures and certifles,with respect ro this yrant thaC
1. G�n�ral Fsd��l R�qulromMta. It wtll comply with a!I appGcable Federal laws,regula0ona,executive
orders, policies, guidelinea and requirements aa they relate to tt�e applicadon,axeptance and use of
Federa!funds for this projed induding but not timited to the foUowinfl:
F�d�nl Legl�latlon
a. Federal Aviadon Act o( t958-49 U.S.C. 1301,et seq.
b. �avis-8acon Act-40 U.S.C. 276(a),et seq.'
c. Federa! Fair Labor Standards Act-29 U.S.C. 201, et seq.
d. Hatch Ad-5 U.S.C. 1501,et aeq.'
e. Unifortn Rebcadon Assiatance and Real Property Acquisition PoUcies Act ot 1970-�2 U.S.C.
4601, et seq. �3
f. Naconal Hisroric Preservauon Act of 1466-Section 106- 16 U.S.C. 476(�.�
p. Archeological and Historic Preaervatan Aci of 1974- 16 U.S.C.469 through 469c.�
h. Fbod Disaster Prooecdo�Act of 1973-Section 102(a)-42 U.S.C.4012a. �
i. FiehabiGtatan Act of 19T3-29 U.S.C. 794.
j. Civil Ri9hes Act af 1464-Title V1-42 U.S.C. 2000d through d-{.
k AviaCon Safery and Noise Abatement Ad of 1979, 49 U.S.C. 2101,et seq.
1. Age Discrimina6on Act of 1975-12 U.S.C. 6101,et seq.
m. Architectural Barriers Act of 1968-42 U.S.C. 4151,et seq. '
n. Airport and Airway Improvement Ac!of 1982, as amended 49 U.S.C. 2201,et seq.
o. Powerplant and Indusaial Fuel Uae Act of 1978-Sec�on 403-2 U.S.C. 8373.�
AlrpoR Aasunnea(t0-89) Pp� t of 9 PP-kt
�
�. �ponsor Fund AvaUablllry. it hai suffiaent fu�da availabla for that portio�of fha ptoject coab vrhich are
not to bs paid by the United Statee. It has suffxx;ient funda avaitabl�oo asaun op�ayo�ar�d maintenmxe
of items funded under the grant agreement which it wip awn or contr�ol.
1. Good Tlll�.
a. It holds good tiririe. saaafactory to the Secretary, to t�o lanang area of tt�airpon or aite thenaof,
or will pive aasuranoe satisfactory w the Seaetary that pood dtlo will be acquired
b. For nase compaobiGb P�9�Prol� ro be camed out on ttN prop�rt)r of the apex�aor,it
hdds Qood tltla aadafactory to tl�Socretary to that portion of ttw propKty upon which Federal
funds will bo expanded or will fliv�assurance to tho Secrstary that Qoad 6de vrtll bo obtained.
S. Pr�a�rvin� Rlphb and Pow�ra.
a. It will not take or psrrnit any action which would opera0� b depriv�ft of of the
artr righb and
P��s^��Y �P��+�Y a all of ths tertns,oo�ditlo�s,and aswrances in the grant
aareement without C��w►rtten approval of ths Secrecary, and wiM aci promPdY co acquir'e.
exdnpuieh or modlfy arty oubtandinp nphes or dairtts of riqht of o�ers which would interfere
witl�wch pertortnence by tns sponaor. Thia ahall be done in a manner acwptable to the
Seciat-�ry.
b. It wtll not seN, {eaae, encumbor or otherwise transfer or�ispase ol any part o!its �de or other
int�resta in the prnperty ahown on Exhibit A to thm application or, tor a noiae compadbiGry
Pro4�Prol��. �t partion of the property upon which Federal tunds have been expended, (or
tt�duration ot the temu, conditiorts, and saaurances in Cw grant apreement witfiout approval
by ths Sauatary. If th� tranalereo is found by tt�Secretary to bs Qtigible under ths Apport and
Alrvaay Improvement Aci ot 1982 to aaaurne the obHgatiorta of ttts prant aqreement and eo have
th�Power. audwnry, �d finanaal reaoureea a carry out ap:uch obligaoona. the aponaor shap
k�t in dw contrad or documeM translertm4 a d�sPosinp a t�spor�so�s irtterest�and make
bindng upon th�aans}ore�, aM of ths temss, oonditioru and assurancas containsd in this 9rant
aqneme�t
c. Fw a1 nois�campatibiph P�4r�Prof�s which are b b�arrkd out by anott�sr unit o(bca!
Qowmment or aro on property owned by a unt of bcal Qwemmertt otl�e�than ths apor�sor, it
rril�nar fnto an agrsemertt with that Qovertxn�nt Exo�pt aa atMrwia�apedfied by th�
S�crvcary. C�at aqreQmont shaM obliqats ttut qovemme�nt eo tt�s sam�es►ms�conddcns, and
• tssuranoas that would b�appYeablo to it if k appHed directfy to tt�s FM for a grant to underrake
ths noip compatibiNH P�4�m Pr'af�• That aq�mw�t and ct►enpes thareto must b�
satf�fadory b ths Seu�tary. It wiq take steps to ontorce ttus aqreemant apainat ths local
pov�rtxnent If tl��N aubatantiami naR-compltanoe arith ths tertns d the agrsement
d. For nois�compatlbiktY P�4�Prof� eo bs carried out on priv4tety owned P�oPenY� it will
�ntK into an agreem�nt with tM owrwr of that property which indudes proviaa�apedfied by
tt�S�cret�ry. It wdl taks tbsps q a�taroe this aqreement aQainaf ths proQerty owner whenever
th�rs is aubstandal non-mmpltanco with tM terma of ths aqreertwnt
�. !f tha apansor is a privats aponsor.It witl�u ateps satislact�ry ro tha Secretary to e�surs thai
ths airport wiN condnu�to (uncdon as a public-use airport in accvrdancs with tt�eaa assurances
for tf�dutadon of theaa aasuranow.
f. If an arranQement is mad�tor maneQement and operaoon of tho afrport by ar�r apency or
pvrwn otlwr than ths�ponsor or an employe�of tha�por�, tho eponaor will raswva
wf}fciant riQhts and authority oo insuh that ttw airport wiil b�oparated and maintain�d In
acoordanco vrith tlH Airport and/Urwey Improv�r►ent Ad ot 1982, d�rayula6ons and t�e
t�ma,cfln�itbrta and assunncQs in th�prant aqreement and ahaC insure that suct�
arranqem�nt�lso requ�res oompltanc�ttwrowiC�.
A. Conabt�nay wlth Local Ptins. Th�projed r roaaonably oonaiseertt witt�plans(axistirp ai ths dme of
submission �this applicadan)of pudie apenci�s that an autttoriz�d by th�Stata in which IM projed is
lacated b plan (or ttw developmMt ot ttw area surroundinp t?w airport For nois�compatibi6q prnflram
pncj�,other than tand aoquisition, eo b�urried out on property not awned by tM airport and over
which proporty tnother public aqency has land uae contrd or authortry, C�e spo�or shell obtain from
�ach wch aqencyr a written deciaration that such apency supporta that project and the project m _
rsasonably eonaiatont vrith t�w egencys plana regardinq the PropertY•
7. Con�ld�ratlon at Loul Intenst It has fliven tair consideradon eo the incerest of communitlea in or rwar
which d�s project may be located.
N�s�..�.�..�,o-a�� P.Q.3 a 9 PP-A-t
3
10. Corf�onfllty to Plana�nd 3p�clOcaUons. It will execute the projeU wbjeci to plans,spedfications,and
sctwdubs approved by the Secretary. Such plana, specifications,and scl�edules shaU ba submitted w the
S�xetary prior eo commencement of site preparabon, consuuction, a other perfomur►ce under thia flrant
aqns«„sr�e, ar,d, �pon aaaor� ay a,e se«�cary�shall be incorporated inoo this grant agreement Arty
modticatlorts to the apprwed plans,spedficatioru, and schedules shaq abo be subject oo approval by the
Se�xstary and incorporaqon into d�e grant agraemenc
17. Construatlon Inspsctlon and ApprovN. �t will prnvide and maintain competent technical supervision at
t!M oonstruction site throughaut the project to aaaure that the wwk conforma with the plarta,
spscifkadons, and sct�edulea approved by the Secretary for the project. It shall subjecx the conatnx�on
wor4c on arty propct contained in an approved prqect applicadon to irupecrion and approval by tf�e
3�crstary and auch work shaM be in a�dance wiM�regulaCons and proceC�ues prescfibed by the
Secretary. Such regula0orts and procedurea sheJl require such cost and Pro9reaa ►ePortin9 bY the sponsor
ot apo�ors of such project aa the Seaetary shall deem neceaaary.
ta. Plannlnq Pro��cts. In carrying out plannin9 P�1��:
a. It will execute the project in accardance with the appraved program narra6ve contained in the
P�qect appGcanon or wiUt modificadorts similariy approved.
b. It wdl lumrsh the Secretary writh su� penodic reports aa requi�ed pertaining to M�e planning
project and planning work acwities.
a It will fnclude in �ll published matena!prepared in connecrion with the plarmin9 Protect a nadce
that tha matetie!waa prepered under a grant prnvided by the United Statea.
d It wdl make�h materisl avaitabb for examinadon by the pub6c, and agrees that no mamrial
prepared with (unds under this project shall be subject eo copyright in the United States or any
ottter country.
•. Ft will9tvs the Secretary unrastricted authoriry to pubtiah,�adose,distributa,and o�e use
any of dw material p�apared in connedion with this grant
f. It wil�ront 1he S�eretary th�riqht 10 daapExove tha Sporssors employment af apeciRc
oatsuitants and their auba�naaciors 10 do all or any part of dva projea as Mell aa ths right to
d�sapprovs the proposed scap�and coat of profesaional servicea.
p. It wiil prant tM Secretary tlte right to diiaapprove tfte uaa of the sponsors empbyeea to do all or
any part of the proj�aa.
h. It unctsrstands ar�d agreea that the Secretary's approval of It�ia pcoject grant or the Secretary's
approval of�ty planrwn9 material devefoped as part of this grant does not oonatitute or impy
arty aaauranos or commitrnent on the part of the Secretary to approve any pending or(uture
app8cadon !or a Federal airport flrant
1�. OpKstlon n�d I�A�Int�unca.
a. It wtll auitably operate and maintain tM airport and ad facilities thereo� or cannected therewith,
wldl due rey8rd to ctirttaOG atld flood Co�diOons.Any propoaa! Oo tempcxarity dose U1e airport for
' nonaeronauticaJ purposes must firat be apptoved by Ihe Seaetary. The airport and all fadGties
which are neceasary Do senro tha aervnautical wera of the airport, other t�an faaGoea owned or
c�troAed by the United Staees,shall be operated at all timea in a safe and serviceable
co�dition snd in aocordance with the minimum standards as may be requ'vad or presaibed by
apQKcable Federal, scate and loca!agencies for mainoenance and operaEon. It will not cause or
pem�it any actrvity or acxion thereon arhich would interfere with its uae tor airport purposes.
In furtherance of Uria aaaurence, tf�a spansor wiU have in eMect at aU dmes arrangements for—
(1) Operadng ttw airporta aeronauoca! faduties whenever required;
(� Prompdy markmg and Bqhting hazards resulting hom airport condtiona, induding
tomporary condiCo�: �d
(3) Prompdy nootyiny aim�en ol ar►y condibon aHectiny aeronauocal use of the airport.
Nothinq contained herein shaN be cortstnred to rec�uirs�hat the sirport be operated for
a�+onautical us�during cemporary periods when anow, fbod or other climauc con6bona
interfers wid� such operation and maintenance. Further, nothing herein shall be cortstrued aa
requrirq the maintenance, repair, restoration, or repiacement of any swcture or faciliry which is
subatanCally damaged or destroyed due b an aa of God or other condiGon or circumstance
beyond the controi of the sponsor.
AlrpoA Aa�unner(10-�BD) PaQ�5 of 9 PP-A-t
3
Z�. Exolualv� Rlghts. It wiU pertnit no exclusive nght lor the use of the airport by any persons providing, or
_ intending to provide, aeronaubcal servicea to Ihe public. For purposes of this peragraph, the providing of
aervices a!an airport by a single fixed-based operator shall not be conswed aa an exclusNe nght if both
of tne following apply:
a. It would be unreaaonabty cosdy, hurdensome, or impracdcal }or more then one fixed-based
operaror to prov`de auct� services, and
b. II allowing more than ons fixed-hased operator to prwide such services would require the
reduction of spau leaaed pursuant to an exisdng agreement between such single fixed-baaed
operatot and auch airport.
Il furtt�r agrees that it w�U not, �ithsr diroctly or in�rectly, grant or pertnit any poraon, firm or corporacon
the exduaive right at the a�rport, or at any other airpon now owned o�controlled by it, to conduct arry
aeronaubcal acGviGea, inGuding, but not limited to charter tlights, p�lol training, auuah rental and
sightseeing, aenal photography, crop dusong, aenal adverosing and surveying, air camer operanons,
aircraft salea and services, sale ot aviaoon petroleum products whetner or not canducted in conjuncdon
with other aeronauocal actrvity, repair and mantenanoe of airaaft, sale of aircrah parts, and any other
activitlea which becauaa of thetr�rect relanonship to die operanon ol a�rcraft can be regarded aa an
seronaubcal activiry, and that it will certninate arty exdusrve nght lo conduct an aeronauucal acdviry now
exiadng at such an airport before the grant of any aasistanoe under the AirpoR and Airway Improvement
Aci of 1982.
24. Fe�and Rontal Structu►�. It wiU maintain a lee and rental structure coneistent with Assurance 22 and
23, for the ladlidea and services being provided the a�rport uaers which will make the airport as sell-
sustaining as posiible undef tho arcurtutances exisong at the partiu�lar auport, taking into account such
factora aa the valume of tramc and economy of collectan. No part of the Federal share of an airport
davabpment, airport planning or noiae campaobiGry project lor which a grant is made under the Airpart
and Airway Imprwement Aa of 1982, tha Federal Airport Act or che Airport and Airway Development Act
al 1970 shaU be induded in the rate base in escablishing feea, rates, and charges (or users ot that airport.
2S. Alrport Fi�venua. If the airport is under the conaol of a puWic agenry, all revenuea generated by the
airpart and arty bcal taxes on aviation(uel satabliahed aher Deoember 30, 1987, will be expended by it
for Ihe capitaJ or operaCng casta of tha airpott;the local airport system;or other bcal lacilines which are
owned or operated by the owner or operator of tl�e airport and�recdy and substandally related to the
actual air aansportation ol pasaengers or property;or for naise micgatio� purpoaea on or ofl t�e airport.
Provided, hawever, lhat il oovenanb ot aaaurancea in debt ablpations issued betore Septembar 3, 1992,
by ths owner or operator ot the airport, o�provisbns enacted belore September 3, 1962, in goveming
statutes cantrnUing tf�e owner or operators financing; provide lor tfie use of the revenues hom any of the
aitpat awner or operators lacilides, including the airport, to aupport not ony the airport but alao the
airport owner ot operators genera)debt obligations or other facilines, then thia lirtutaoan on the uae of all
revenuee generated by the airport(and, in lhe caae ol a puhlic auport, loca! taxes on aviaoon fuel)shall
not applY•
26. Repo�ts and Inapectlons. It will submit to the Secretary such annual or special financial and operations
reports as the Secretary may reaaonabty taquest Fot airport development projects, it will also make the
airport and aU airport records and documents aNecdng lhe airpart, incfuding deeds, leases, operation and
use agreemenb, regulaCons and other inswmenrs, available for inspecaon by arty duty authorized agent
of the Secr�etary upon reasonablo request. Fot noise compadbility program projects, it will also make _
records and documents reladng to the projed and conbnued compliance with Ihe temu, conditions, and
aasurancea ol the grant agreement including deeds, leases, agreements, regulations, and other
irtstrumenb, available for inspection by any duly authorized agent of the Secretary upon reasonable
requeat
27. Us�of Govemment Alreraft It wiA make available all ot the fadlines of the airport developed with
Federal finandal assisiance and all those usab�e lor landing and takeoff of aucraft to the United States for
use by Govemment aircaft in common with other aircratt at all times without charge, except, if the use by
Govemment aircraft is substantial, charge may be made for a reasonable share, proportional ro such use,
for the coat ot operadng and meintaining the fadlities used. Unless otherwise determined by the
Secretary, or otherwise agreed co by the sponsor artd the using agency, aubstantial use ot an airport by
Govemment airaah will be considered to exiat when operaoons ol auch aircraft are in excess of those
which, � tl�e opinion of the Secretary, wou{d unduty interlere with use of the landing areas by other
authorized aircrah, or during any calendar month that—
AlrpoR Asaura�e�s(10-89) Pap�7 0l fl PP-A-1
7
flss��r��r� ATTACfiMENT
31 . Disposal of Land .
a. For land purct�ased under a grant For airport noise
compatibility purposes , it will , when the land is no
lotiger r�eedec3 Eor suc1� p�irposes , dispose ot euctt land
a� fair market vali�e at tl�e earliest piacticable time .
Tl�a� portion of tl�e �roceec3s of such disposition wtiicl�
is proportiotiate to ttie Ur�iteci SL-ates share of the cost
of acquisitiori of siicl� lar�c] will , at tt�e di-scretion of
tlie Secretary, ( 1 ) Ue paid to tlfe Secretary for deposit
in tl�e 'I'rust Fund, or ( 2 ) Ve relt�vested in an appioved .
i�oise compatibility �roject as prescribed by tt�e
Secretary .
b. ( 1 ) For land purcliased i�i�der a yrant for airport
development (otl�er ti�an r�oise compatibility) purposes ,
it will , wlieti the land is no longer needed for airport
purposes, dispose oF sucl� lar�d at fair market value or
. make availak�le to ttie Secretary an amount equal to the
United States proportionate share of ttie fair market
value of the land . '1'iiat portion oF the proceeds of
such disposition wtiich is proportionate to the United
States st�are oF the cost of acquisition of such land
will , (a) upon application to tl�e Secretary, be
reinvested in another eliqible airport improvement
project or projects approved by the Secretary at that
airport or witl�in the national airport system, or
(b) be paid to the Sscretary for deposit in the Trust
Fund if no suct� eliqible project exists .
(2 ) Land shall be considered to be needed for airport
purposes under thls assuraiice i f f a) � t m�y be Reec��d
for aeronautical purposes (ir�cic�ding runway protection
zone) or serves as noise bu�fer land, and (b) tt�e
revenue from interim uses oF sucli land contributes to
the financial self-sufPiciency o� tl�e airport ,
Furttier, land p►irchased with a grar�t received by an
airport o�erator or owner before December 31 , 1987 ,
will be cor�sldered to be needed for airport purposes if
the Secretary or tiie Fecjeral agericy making s�icl� grarit
before December ] 1 , 1987 , was i�o�ified !�y t1�e operaL•or
or owner of tt�e use oP suclt la��c�, did �iot object �o
such use, and tt�e lat�d continues to be used for tt�at
purpose, si�cli �ise I�avinq commenced not later tt�an
December 15 , 1989 .
(c) Disposition oP such land ��►�der (a ) or (b) wi'll be sub-
ject to t1�e retei��ion or ieservation of any interest or
right tt�ereit� necessary to ensure that such land will
only be used for �ur�oses wt�icl� are compatible witl�
noise levels as::��ciated witl� operation of tl�e airport.
3 `
� CUflRENT FAA ADYISORY CIRCULARJ FOR AIP PROJECTS
Effecttve Date: 7-15-91
NUMBER SUBJECY
7Q7460-1G Obswctio� Mark;np and Liphhti�np
' 15d5100-148 Mohitxtural. Enpineerin9,arrd Planninq Conaultant Servioes tor Akpori C3rAnt
CHC3 1 Pro}oct�
150/5200-.'i0 Airport Winter Safety cnd Opofadonti
CNata2
ibO/521�--bB PninGnp, Marlvnp and Uqhtinp of Vthldes U�ai on an Alrport
15CY5210-76 Alrctah Firo �nd Rescve CommurdcaUorts
15U/521�14 Alrport Fro and Resct,e Personnvl Protocdw Cbthinp -
150/621Q-15 AJrport Roscuc d� FirefiAht+np Stativn Buikfinp D�ipn
150/5220-4A Water Supp�y Systems for Airaah Frc pnd Reacue Protxdo�
150r522d--fOA Guido Specification lor WbledFoam Typa A;raah Resaue and Firotiph6ng Vehides
150/5220-11 Airport S�wwbbwvr Spodfication Quide
160/5220-12 Airport Sncrosweeper Specificatbn(3uidp
1 5015 2 20-1 3A Runw�y Surface Condroon S�nsa SpeciGcatan l3vide
i5CU5220-14A Airport Firo and Rescue VehiCle SpecificaCon Guid�
150/522C�-ib • SuildinQs for Stor�7e and Mainicnanoe ot Airport Sr►ow Removal and Ive Control
Equipmont A Guide
1 5015 2 20-1 6 Automaled Weather Obsarving Syttem6 tor Nort-F�doral Applieationa
150l5224-17 Desipn Standarda for AirvraJt Rascuc Fvo-Cghtinfl Tr�.inin9 Fadlftix ,
• 15015300.13 Airport Declgn
CNG 1
150J532C�58 Airport Dr2,:naQa
150/5320-8C Airport Pavortwnt Doslgn An0 Evaluadon
CHO t �2
�5Q/53zp-�12A Measurement, COnslrucaon,and Maintenanc�of Skid Resistant Airport Pavemen!Surfaoes
150/5320-14 Airport lBr�dscapinp lor Noise Control Purpas�s
� 150/532S-4A Runway Ler+flth Requi�rrants for AirpoR�esyn
CHG 1
150/b340-1F MarWnp of Paved Areas on Airports
150/534Q-1C Instdflation Details tor Runwzy CcntariiM TovChdown Zono Liphtinp Sy6tem6
CHG 1 E� 2
150/5340-d8 3c�pmcntod Circlp AirpOrt Marker Systam
CHG 1
160/534�-t4B Economy Appr�ach Lighcr� Aidc
CHG1i2
150/534a-17B Standby Power for Non�-FAA AirpoR Llqhony Systams �
150/5340-188 StdndNds for Airport Sign Systnmi
150✓53d0-19 Taxiway Centertine Li9htinfl System
1 50153 40-2 1 Airpott Misvellaneous Ughtinp Yr�udl Ak�s
150/5340-238 Supplomental Wind Concs
160lS34p-24 Runway and Taxiway Edfle Vghtinp Sycmm
CHa 1
ibC�S344-27A NT-To�around F�ndio Contro! et Airpoti Uphtinp Systcros
tbOi5345-3D Sp.cification fof L-821 Parais tor Fkmote Cocivol o(Alrport UghUnp
160/5346-bA Cirouit Solcctor SwiSch
1b0l5345-7D SpecificaGon lor L-824 Underpround Eioarical Cable for Alrport LlflhGng Circ�ib
cHa ,
15Q�53d5-1�E Speci6caUon 1ot Coristant Current Regutators ReBulator Monitor6
1 5 0153 4 5-1 2C Speci6ration tor Airport and Heliport Beacan
150/6345-13A Speeificaticln for L-8d1 Auxiliary Relay Cabinet/�ssemblr for Pitot Contro{ of Airport
U9h6np Circuim
JUL 24 ' 91 13: 59 � � PHGE . 002
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� EXHIBIT "B"
,
LEASES AND AGREEi�fENTS AFFECTING THE CAPE GIRARDEAU
MUNICIPAL AIRPORT PROPERTY
Lessee Type Expiration Date
Air r9idwest Terminal Space Apri1 30, 1989
(Automatic Renewal )
Cape Airport RestauranC Terminal Space Year-to-Year
FAA Operation Area Terminal Space Year-to-Year
Gift Shop Terminal Space April , 1990
National Car Rental Terminal Space Year-to-Year
Hertz Car Rental Terminal Space Year-to-Year
Motels leasing Terminal Space Month-to-Month
Drury Lodge
Holiday Inn
Howard Johnson ' s
Southwestern Be11 Terminal Space Month-to-Month
Telephone Company
Cape Central Airways Fixed Base Operator 30 year lease
� June 1 , 2008
Mid States Aeromotive Aircraft Servicing 20 year lease
(Change of Ownership December 31 , 1998
in process )
Drury Development Hangar Space 20 year lease
Corporation January 31, 2001
Robert Neiderkorn Agricultural December 31 , 1989
Ronnie Burger Agricultural December 31 , 1989
Drury Southwest Road Billboards December 31 , 19�2
'��_;�