HomeMy WebLinkAboutCouncil.Agenda.08-04-2025.PacketStacy Kinder, Mayor
Dan Presson, Ward 1
Tameka Randle, Ward 2
Nate Thomas, Ward 3
David J. Cantrell, Ward 4
Bryan Johnson, Ward 5
Mark Bliss, Ward 6
August 4, 2025
5:00 AM
City Council Chambers
City Hall
44 N. Lorimier St
Agenda Documents, Videos
Minutes, and Other Information:
www.cityofcape.org/citycouncfl
• City residents desiring to speak about items NOT on the agenda must register no later than
noon, on Saturday, August 2, 2025, by using the form found at cityofcape.org/council, by
emailing cityclerk@cityofcape.org, or by calling 573-339-6320.
Invocation
Rev. Ellen Gurnon of First Presbyterian and Westminster Presbyterian Church in Cape Girardeau
Pledge of Allegiance
Study Session
Presentations
Communications/Reports
Items for Discussion
• Appearances by Advisory Board Applicants
• Consent Agenda Review
Regular Session
Call to Order/Roll Call
Adoption of the Agenda
Public Hearings
1. A Public Hearing on the 2025-2029 Community Development Block Grant (CDBG) Consolidated
Plan. (Item No. 8; BILL NO. 25-87)
2. A Public Hearing regarding the Levying of the Annual City Revenue Tax: Public Health Tax: Special
Business District No. 2: for the Fiscal Year Ending June 20, 2026. (Item No. 9; BILL NO. 25-88)
Consent Agenda
The Consent Agenda is a meeting method to make City Council meetings more efficient and meaningful to the
members of the audience. All matters listed within the Consent Agenda have been distributed to each member
of the Cape Girardeau City Council for reading and study, are considered to be routine, and will be enacted
by one motion of the council with no separate discussion. Staff recommends approval of the Consent
Agenda. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on
the Regular Agenda by request of a member of the City Council.
3. Approval of the July 21, 2025, Regular Session City Council Minutes.
4. BILL NO. 25-83, a Resolution authorizing the City Manager to execute a Performance Guarantee
Agreement with SEMO Land, L.L.C., for public sidewalk improvements for Forest Hills Estates
Fifth Addition, in the City of Cape Girardeau, Missouri. Reading and Passage.
5. BILL NO. 25-84, a Resolution authorizing the City Manager to execute a License and Indemnity
Agreement with Cape Girardeau School District No 63, to maintain certain improvements in the right-of-
way along La Cruz Street. Reading and Passage.
6. BILL No. 25-85, a Resolution authorizing the City Manager to execute a Lease Agreement with Elite
Avionics Services LLC, at the Cape Girardeau Regional Airport. Reading and Passage.
7. BILL NO. 25-86, a Resolution Authorizing the City Manager to Execute a Grant Agreement with the
United States of America acting through the Federal Aviation Administration for airport infrastructure.
Reading and Passage.
8. BILL NO. 25-87, a Resolution adopting the 2025 - 2029 Community Development Block Grant
(CDBG) Consolidated Plan. Reading and Passage.
Items Removed from Consent Agenda
New Ordinances
Mayor will ask for appearances after each Ordinance is read.
Individuals who wish to make comments regarding the item must be recognized be the Mayor/Mayor Pro
Tempore. Each speaker is allowed 3 minutes and must stand at the public microphone and state his/her name
and address for the record. The timer will buzz at the end of the speaker's time.
9. BILL NO. 25-88, An Ordinance providing for the Levying of the Annual City Revenue Tax: Public
Health Tax: Special Business District No. 2: for the Fiscal Year Ending June 20, 2026. First Reading.
FIN - Bridgett Kielhofner
10. BILL NO. 25-89, an Ordinance accepting a Permanent Utility Easement located in Lot 4, Block 1 of
Smelterville, in the City of Cape Girardeau, Missouri. First Reading. DEV - Trevor Pulley
Appointments
11. Appointment to the Downtown Cape Girardeau Community Improvement District Board of
Directors.
Other Business
12. Appointment of Deputy City Clerk pursuant to Section 2-53 of the City Code.
Appearances regarding items not listed on the agenda.
This is an opportunity for the City Council to listen to comments regarding items not listed on the agenda.
The Mayor may refer any matter brought up to the City Council to the City Manager is action is needed.
Individuals who wish to make comments must first be recognized by the Mayor or Mayor Pro Tempore.
Each speaker is allowed 3 minutes. Please face and speak directly to the City Council as a whole. The Mayor
and Council Members will not engage or answer questions during the speaker's time at the podium. The timer
will sound at the end of the speaker's time.
Meeting Adjournment
Closed Session
The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or
special City Council meeting, vote to hold a closed session to discuss issues listed in RSMo. Section
610.021, including but not limited to: legal actions, causes of legal action or litigation, leasing, purchasing or
sale of real estate, hiring, firing, disciplining, personnel issues, or confidential or privileged communications
with its attorneys.
Future Appointments and Memos
Alexander S. McElroy, MPA -
Staff: SEMP O Executive Director &
City Grant Coordinator
Agenda: August 4, 2025
SUBJECT
Public Hearing on the 2025-2029 Community Development Block Grant (CDBG) Consolidated Plan
EXECUTIVE SUMMARY
The City of Cape Girardeau's Consolidated Plan outlines a five-year strategy for investing Community
Development Block Grant (CDBG) funds to meet the housing and community development needs of
low and moderate -income residents. The Plan is grounded in public input, data analysis, and coordination
with local and regional partners, including nonprofit organizations, housing authorities, and the Missouri
Balance of State Continuum of Care. The proposed plan is available online at www.cityofcape.org/cdbg.
BACKGROUND/DISCUS SION
FINANCIAL IMPACT
From Program Years 2025 through 2029, the City is expected to receive approximately $326,728 annually
from the U.S. Department of Housing and Urban Development to support housing and community
development initiatives. There is no program match requirement to receive the federal funds.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
STAFF RECOMMENDATION
Staff recommends the City Council hold the Public Hearing to gather comments on the proposed 2025 -
2029 Consolidated Plan. The resolution to adopt the 2025 - 2029 Consolidated Plan will be presented to
Council at the August 4, 2025 regular meeting.
BOARD OR COMMISSION RECOMMENDATION
PUBLIC OUTREACH
The City Council's Public Hearing was advertised in the Southeast Missourian on June 26, 2025.
ATTACHMENTS:
File Name
No Attachments Available
Description
Staff: Bridgett Kielhofner, Assistant
Finance Director
Agenda: August 4, 2025
SUBJECT
A Public Hearing regarding the Levying of the Annual City Revenue Tax: Public Health Tax: Special
Business District No. 2: for the Fiscal Year Ending June 20, 2026.
EXECUTIVE SUMMARY
This item provides for holding a public hearing and the consideration of an ordinance establishing the
property tax rates for the City of Cape Girardeau for the fiscal year ending June 30, 2026. This public
hearing and ordinance are completed each year in accordance with statutory requirements, established for
setting the property tax rates for local governments. The proposed tax levy rates included in this represent
the current year's tax rates as calculated pursuant to Article X Section 22 of the Missouri Constitution
and Section 137.073 RSMo. The rates per $100 assessed valuation are $.3056 for the General Fund,
$.0573 for the Health Fund, and $.7283 for the Downtown Special Business District, and are established
based on the Notice of 2025 Aggregate Assessed Valuation before the of equalization (BOE) revisions to
the assessed valuations.
BACKGROUND/DISCUS SION
On July 18, 2025 the County Clerk provided the notice of 2025 Aggregate Assessed Valuations. The City's
assessed values of real property increased $33,892,290 (5.5%) and the assessed values of personal property
increased $9,814,879 (5.8%) when compared to assessed valuations of the previous year. New construction
with assessed values of $9,910,060 accounted for (29.2%) of the assessed value growth of real property.
Before August 15, 2025 the Board of Equalization will finalize the revised assessed valuations and those
assessments will be used to fix the property tax rates. The rates, per state Statute must be established by
September 1. City Council will be asked to approve the ordinance establishing the rates during the
August 18, 2025 council meeting.
FINANCIAL IMPACT
The budgeted General Fund real estate and personal property tax revenue is $2,344,420 for the Fiscal Year
Ending June 30, 2026.
A home owner that owns a house worth $200,000 would pay $137.90 in real estate tax to the City.
Residents would pay $12.09 for each $10,000 of personal property that they own.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
STAFF RECOMMENDATION
Staff recommends holding the required public hearing.
BOARD OR COMMISSION RECOMMENDATION
PUBLIC OUTREACH
ATTACHMENTS:
File Name
No Attachments Available
Description
Gayle L. Conrad, MPCC/CMC,
Staff: Director of Citizen Services/City
C lerk
Agenda: August 4, 2025
SUBJECT
Approval of the July 21, 2025, Regular Session City Council Minutes.
EXECUTIVE SUMMARY
BACKGROUND/DISCUS SION
FINANCIAL IMPACT
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
STAFF RECOMMENDATION
BOARD OR COMMISSION RECOMMENDATION
PUBLIC OUTREACH
ATTACHMENTS:
File Name Description
D 2025.07.21_Council_Minutes.DRAFT pdf 2025.07.21 Regular Minutes
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session July 21, 2025 MM -181
STUDY SESSION — July 21, 2025
NO ACTION TAKEN DURING THE STUDY SESSION
The Cape Girardeau City Council held a study session at the Cape Girardeau City Hall on
Monday, July 21, 2025, at 5:00 p.m. with Mayor Stacy Kinder presiding and Council Members
Mark Bliss, David J. Cantrell, Bryan Johnson, Dan Presson, Tameka Randle and Nate Thomas
present.
REGULAR SESSION — July 21, 2025
CALL TO ORDER
The Cape Girardeau City Council convened in regular session at the Cape Girardeau City Hall on
Monday, July 21, 2025, at 5:14 p.m. with Mayor Stacy Kinder presiding and Council Members
Mark Bliss, David J. Cantrell, Bryan Johnson, Dan Presson, Tameka Randle and Nate Thomas
present.
ADOPTION OF THE AGENDA
A Motion was made by Mark Bliss, Seconded by Tameka Randle, to approve and adopt the
agenda.
Motion passed. 7-0. Ayes: Bliss, Cantrell, Johnson, Kinder, Randle, Presson, Thomas.
CONSENT AGENDA
Approval of the July 7, 2025, Regular Session City Council Minutes.
BILL NO. 25-77, an Ordinance approving the record plat of Park West Hospitality Center No. 4
Subdivision. Second and Third Readings.
BILL NO. 25-78, an Ordinance approving the record plat of Park West Hospitality Center No. 5
Subdivision. Second and Third Readings.
BILL NO. 25-79, an Ordinance authorizing the issuance of Special Tax Bills for various
properties located in the City and County of Cape Girardeau, Missouri. Second and Third
Readings.
BILL NO. 25-80, an Ordinance vacating the city's interest in rights of way in the Henze's
Addition of Out Lot 36, in the City of Cape Girardeau, Missouri. Second and Third Readings.
BILL NO. 25-81, an Ordinance authorizing the sale of certain real property along South Sprigg
Street, in the City of Cape Girardeau, Missouri, and authorizing the Mayor to execute a Special
Warranty Deed to Cape Girardeau School District No. 63. Second and Third Readings.
BILL NO. 25-82, a Resolution authorizing the City Manager to execute a License and Indemnity
Agreement with Flock Group, Inc., to place certain improvements upon public right-of-way.
Reading and Passage.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session July 21, 2025 MM -182
BILL NO. 25-83, a Resolution authorizing the Mayor to execute an Agreement for Services with
Southeast Missouri Regional Economic Development, Inc., a/k/a Semo REDI. Reading and
Passage.
Accept sanitary sewer main improvements to serve 3320, 3324, 3328 and 3332 Campster Drive
A Motion was made by Dan Presson, Seconded by Nate Thomas, to approve and adopt.
Motion passed. 7-0. Ayes: Bliss, Cantrell, Johnson, Kinder, Randle, Presson, Thomas.
BILL NO. 25-77 will be Ordinance NO. 5855; BILL NO. 25-78 will be Ordinance NO. 5856;
BILL NO. 25-79 will be Ordinance NO. 5857; BILL NO. 25-80 will be Ordinance NO. 5858;
BILL NO. 25-81 will be Ordinance NO. 5859; BILL NO. 25-82 will be Resolution NO. 3672;
and BILL NO. 25-83 will be Resolution NO. 3673.
ADVISORY BOARD APPOINTMENT
Appointment to the Advisory Board of the Convention and Visitors Bureau
A Motion was made by David J. Cantrell, Seconded by Nate Thomas, to appoint DeWayne
Schaaf to the Advisory Board of the Convention and Visitors Burea for a term expiring June 30,
2028.
Motion passed. 7-0. Ayes: Bliss, Cantrell, Johnson, Kinder, Randle, Presson, Thomas.
MEETING ADJOURNMENT
A Motion was made to adjourn by David J. Cantrell, Seconded by Dan Presson.
Motion passed. 7-0. Ayes: Bliss, Cantrell, Johnson, Kinder, Randle, Presson, Thomas.
The regular session ended at 5:23 p.m.
Gayle L. Conrad, City Clerk
Stacy Kinder, Mayor
Staff: Ryan Shrimplin, AICP - City
Planner
Agenda: August 4, 2025
SUBJECT
A Resolution authorizing the City Manager to execute a Performance Guarantee Agreement with SEMO
Land, L.L.C., for public sidewalk improvements for Forest Hills Estates Fifth Addition, in the City of
Cape Girardeau, Missouri.
EXECUTIVE SUMMARY
The attached resolution authorizes the City Manager to execute a performance guarantee agreement for
public sidewalk improvements for Forest Hills Estates Fifth Addition.
BACKGROUND/DISCUS SION
The City previously entered into a performance guarantee agreement with SEMO Land, L.L.C. for
public sidewalk improvements for Forest Hills Estates Fifth Addition. The agreement is now expired,
and some of the sidewalks have not been constructed. A new agreement has been prepared. As part of
the agreement, SEMO Land, L.L.C. has obtained a letter of credit in the amount of $8,000.00 based on a
cost estimate prepared by the City's engineering staff. The agreement, with the letter of credit, is
attached.
FINANCIAL IMPACT
Per the agreement, if SEMO Land, L.L.C. does not complete the improvements in two years, then the
City may complete them and request payment from the letter of credit to recover its costs.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
STAFF RECOMMENDATION
Staff recommends approval of the resolution authorizing the City Manager to execute the performance
guarantee agreement for Forest Hills Estates Fifth Addition.
BOARD OR COMMISSION RECOMMENDATION
PUBLIC OUTREACH
ATTACHMENTS:
File Name
25-
83_Agreement_SEMO_Land_Forest Hills_Estates_5th Add.doc
PGA—Forest—Hills—Estates—Fifth — Additiorl__(Sidewalks)_-
2025_(Partial ly_Executed). pdf
Description
Resolution
Performance Guarantee Agreement - Forest Hills Estates Fifth Addition
BILL NO. 25-83
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A PERFORMANCE GUARANTEE AGREEMENT WITH
SEMO LAND, L.L.C., FOR PUBLIC SIDEWALK
IMPROVEMENTS FOR FOREST HILLS ESTATES FIFTH
ADDITION, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
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 to execute a
Performance Guarantee Agreement with SEMO Land, L.L.C., for public
sidewalk improvements for Forest Hills Estates Fifth Addition, in
the City of Cape Girardeau, Missouri. The Agreement shall be in
substantially the form attached hereto, which document is hereby
approved by the City Council, and incorporated herein by
reference, with such changes or amendments as shall be approved by
the officers of the City executing the same. The officers, agents,
and employees of the City are hereby authorized to execute all
documents and take steps as they deem necessary and advisable to
carry out and perform the purpose of this Resolution.
PASSED AND ADOPTED THIS DAY OF , 2025.
Stacy Kinder, Mayor
ATTEST:
Gayle L. Conrad, City Clerk
PERFORMANCE GUARANTEE AGREEMENT
FOREST HILLS ESTATES FIFTH ADDITION
SIDEWALK IMPROVEMENTS
This Performance Guarantee Agreement, hereinafter referred to as this "Agreement", is
made and entered into this _10th— day of —July_, 2025, by and between SEMO
LAND,
L.L.C., a Missouri Limited Liability Company, having its principal office and place of business
at 2008 William Street, Cape Girardeau, Missouri, 63703, hereinafter referred to as the
"Developer", and the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation of
the State of Missouri, hereinafter referred to as the "City". The Developer and the City
collectively are hereinafter referred to as the "Parties".
WITNESSETH:
WHEREAS, the Developer has submitted to the City, and the City has approved, the
record plat of Forest Hills Estates Fifth Addition, a subdivision located within the City of Cape
Girardeau, Missouri; and
WHEREAS, the Developer and the City previously entered into an agreement for
establishing a performance guarantee in lieu of the Developer constructing certain public
improvements in said subdivision prior to the approval of said record plat by the City; and
WHEREAS, said agreement has expired; and
WHEREAS, the Parties wish to execute this Agreement to replace the expired agreement
and to establish a new performance guarantee for constructing the public sidewalks in said
subdivision.
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and
agreements contained herein, the Parties stipulate and agree as follows:
1. The Developer has submitted to the City, and the City has approved, improvement plans
for the public sidewalks in said Forest Hills Estates Fifth Addition, hereinafter referred to
as the "Subdivision".
2. Montgomery Bank, hereinafter referred to as the "Financial Institution", has issued an
Irrevocable Letter of Credit, hereinafter referred to as the "Letter of Credit", for the cost
of the public sidewalk improvements in the Subdivision. The Letter of Credit is attached
to this Agreement as "Exhibit A" and made a part hereof as though (ally set out herein.
The Letter of Credit is a commitment to the Developer from the Financial Institution that
it will serve as the primary lender for the construction of the public sidewalks in the
Subdivision and commits itself for enough funds to complete said sidewalks. Further, the
Letter of Credit lists the City as the Beneficiary and provides for payment of funds to the
City in the event the Developer is found to be in default under this Agreement.
Page 1 of 5
3. A copy of the most recent financial statement of the Financial Institution is made
available for the purpose of guaranteeing to the City that the Financial Institution, as the
issuer of the Letter of Credit to the Developer, has sufficient resources with which to
uphold its guarantee.
4. The City may, from time to time, authorize a reduction in the balance of the Letter of
Credit and shall do so by written notification from the City's Administrative Officer.
5. Upon approval by the City through its Administrative Officer for the release of the
remaining balance of the Letter of Credit, this Agreement shall be terminated and the
Developer and the Financial Institution shall be released from any further obligation to
the City insofar as the provisions of this Agreement are concerned.
6. If, after two (2) years from the date of this Agreement, all of the public sidewalks shown
on the approved improvement plans have not been constructed, then the City may request
payment from the balance of the Letter of Credit as required in order to construct the
missing sidewalks. Said request for payment shall be per the terms of the Letter of
Credit.
7, This Agreement shall not in any fashion be construed to limit the powers, rights, or duties
of the City, but shall be construed in the light of the applicable City ordinances.
8. No part of this Agreement may be assigned by the Developer or the Financial Institution
without first obtaining the express written consent of such assignment by the City, but the
City agrees not to unreasonably withhold such consent.
date.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the above
Page 2 of 5
DEVELOPER
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
On this —I= day of Vt t , 2025, before me personally appeared Eric
Marquart, Member of SEMO Land, L.L.C., a Missouri Limited Liability Company, to me known
to be the person described in and who executed the foregoing instrument on behalf of said
Limited Liability Company, and acknowledged that he executed the same as the free act and
deed of said Limited Liability Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in the State and County aforesaid, the date first above written.
Name/My Commission Expires:
J�t44,-,,6441r*.'
� ,
Shidif,_
Notary Public
KIMBERLY M. SKRO13
Notary Public - Notary Seal
State of Missouri - Cape Girardeau County
Commission # 12669 29
Commission Expires June 05, 2028
Page 3 of 5
CITY
City of Cape Girardeau, Missouri
Dr. Kenneth Haskin, City Manager
ATTEST:
City Clerk
STATE OF MISSOURI )
SS.
COUNTY OF CAPE GIRARDEAU )
On this this day of , 2025, before me personally appeared Dr.
Kenneth Haskin, City Manager of the City of Cape Girardeau, Missouri, a Municipal
Corporation of the State of Missouri, to me known to be the person described in and who
executed the foregoing instrument, and who acknowledged that the foregoing instrument was
signed and sealed on behalf of said City by authority of its City Council, and acknowledged that
he executed the same as the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in the State and County aforesaid, the date first above written.
Notary Public
Name/My Commission Expires:
Page 4 of 5
EXHIBIT A
LETTER OF CREDIT
on following page (s)
Page 5 of 5
Montgomerl
i k
P.O. Box 948
Sikeston, MO 63801
DATE: JULY 10, 2025
FROM: Montgomery Bank, a Missouri Non -Fiduciary Trust Company
T0: SEMO Land, L.L.C.
2008 William Street
Cape Girardeau, MO 63701
AND
City of Cape Girardeau, Missouri (Beneficiary)
44 North Lorlmier Street
Cape Girardeau, MO 63701
IRREVOCABLE LETTER OF CREDIT #666
We hereby issue this Irrevocable Letter of Credit in your favor up to the aggregate
amount of Eight Thousand and 00/100 dollars, ($8,000.00) available upon your
demand and upon the approval of the City of Cape Girardeau (Beneficiary) for the
cost of constructing the public sidewalks in the Forest Hills Estates Fifth Addition
Subdivision, according to the record plat and improvement plans and specifications
on file at the City of Cape Girardeau. If you do not complete the improvements as
specified within two (2) years, the City of Cape Girardeau (Beneficiary) may,
pursuant to the procedures In the City ordinances, draw the balance of your account
required to complete said Improvements.
Montgomery Bank, a Missouri
Non -Fiduciary Trust Compa y
By:
James . Imbaugh
Execu e Vice President
Cape Girardeau Regional President
One Montgomery Bank Plaza, Sikeston, Missouri 63801
Phone (573) 335-4443 - Fax (573) 986-5518
Staff: Jake Garrard, PE, City Engineer
Agenda: August 4, 2025
SUBJECT
A resolution authorizing the City Manager to execute a License and Indemnity Agreement with CAPE
GIRARDEAU SCHOOL DISTRICT No 63 in the City of Cape Girardeau, Missouri.
EXECUTIVE SUMMARY
The attached License and Indemnity Agreement sets out the responsibilities, conditions, and liabilities
assumed by CAPE GIRARDEAU SCHOOL DISTRICT No 63 for a fence that lies in the La Cruz
Street Right of Way in the City of Cape Girardeau, Missouri.
BACKGROUND/DISCUS SION
The Cape Girardeau Technical College will be purchasing land along South Sprigg Street between La
Cruz Street and La Croix Creek from the City of Cape Girardeau. There is a fence that was installed by
the Fire Department that lies in the La Cruz Street Right of Way that will be included in the sale of the
land. The City will be seeking a License and Indemnity agreement to indemnify themselves from the
responsibility of the maintenance and liability of the fence remaining in the La Cruz Street Right of Way.
FINANCIAL IMPACT
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
STAFF RECOMMENDATION
Staff recommends approval of the attached Resolution authorizing the City Manager to execute a License
and Indemnity Agreement to allow a fence to remain in the La Cruz Street Right of Way in the City of
Cape Girardeau, Missouri.
BOARD OR COMMISSION RECOMMENDATION
PUBLIC OUTREACH
ATTACHMENTS:
File Name Description
D 25-84—License and _Indemnity_Cape_Schools_La_Cruz.doc Resolution
D E�CLITED L_I_Agreement_S._Spdgg_Training_Site.pdf E)F-CLITED L&I Agreement S. Sprigg Training Site
D EXHIBIT L I Agreement_Fire_Training_Site_w Aedal.pdf EXHIBIT L & I Agreement Fire Training Site wAerial
BILL NO. 25-84
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH CAPE GIRARDEAU SCHOOL DISTRICT No 63,
TO MAINTAIN CERTAIN IMPROVEMENTS IN THE
RIGHT-OF-WAY ALONG LA CRUZ STREET
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 to execute a
License and Indemnity Agreement with Cape Girardeau School
District No 63, to maintain a fence on the City's Right of Way
adjacent to the Licensee's property along a certain portion of
La Cruz Street, in the City of Cape Girardeau, Missouri. The
Agreement shall be in substantially the form attached hereto,
which document is hereby approved by the City Council, with such
changes or amendments as shall be approved by the officers of
the City executing the same. The officers, agents, and employees
of the City are hereby authorized to execute all documents and
take steps as they deem necessary and advisable to carry out and
perform the purpose of this Resolution.
PASSED AND ADOPTED THIS DAY OF , 2025.
ATTEST:
Gayle Conrad, City Clerk
Stacy Kinder, Mayor
LICENSE AND INDEMNITY AGREEMENT
This License and Indemnity Agreement, hereinafter referred to as this "Agreement', is entered
into by and between CAPE GIRARDEAU SCHOOL DISTRICT NO 63, a public school district
organized and existing under the laws of the State of Missouri, of the County of Cape Girardeau in
the State of Missouri, hereinafter referred to as the "Licensee", and the CITY OF CAPE
GIRARDEAU, a Municipal Corporation organized and existing under the laws of the State of
Missouri, hereinafter referred to as the "City". The Licensee and the City collectively are hereinafter
referred to as the "Parties".
WHEREAS, the Licensee desires to place certain improvements and/or conduct certain
activities in or on public right-of-way or other property owned or controlled by the City, hereinafter
referred to as the "City Property"; and
WHEREAS, the City has prepared this Agreement for the purposes of granting permission to
the Licensee to place said improvements and/or conduct said activities in or on the City Property,
subject to certain conditions contained herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the Parties do hereby state, acknowledge, and agree as follows:
The City hereby grants the Licensee permission for the following improvements and/or
activities: to install, operate, maintain or replace a Fence in the southern part of the La Cruz
Street Right of Way as shown on Smelterville, a subdivision recorded in Plat Book 2 at Page 42
in the Cape Girardeau County land records. The permitted area where the fence can exist is
more particularly described as: running parallel to the South line of La Cruz St. Right of Way
and being not farther away from said southern line as 20 foot wide. The south line of La Cruz
St right of way being the same line as the north line of Block 1 of Smelterville subdivision.
The western side of the permitted Fence is to be no farther West than the Eastern line of the
platted Sprigg St right of way of said subdivision; said line being the same line as a prolongated
line to the north of the west line of Lot 1, Block 1 of said subdivision. The Eastern line of said
permitted Fence is to be no farther East than a prolongated line if extended northward of the
Eastern line of Lot 16, Block 1 of Smelterville into the La Cruz St right of way.
2. The Licensee hereby assumes all risk of personal injury or death and property damage or loss
from whatever causes arising while any person approaches, enters, uses, or leaves the City
Property, which may occur directly or indirectly as a result of the placement of said
improvements and/or the conduct of such activities in or on the City Property.
The Licensee hereby releases the City, its officers, employees, agents, servants, and assigns
from any liability resulting from the placement of said improvements and/or the conduct of
such activities in or on the City Property.
4. The Licensee hereby indemnifies and holds harmless the City, its officers, employees, agents,
servants, and assigns from all suits and actions of every name and description brought against
the same, for or on account of any injuries or damages received or sustained by any party or
parties or alleged to be received or sustained by any party or parties that may result directly or
indirectly from the placement of said improvements and/or the conduct of such activities in or
on the City Property.
5. The Licensee hereby agrees to keep said improvements in a state of good repair and to
cooperate with the City by making necessary repairs as requested by the City so as to protect
and preserve the public health and safety.
6. The Licensee hereby agrees that it will not maintain in or on the City Property any hazardous or
toxic waste or substances, as defined under all applicable federal, state, and local environmental'
laws, including, but not limited to: hazardous waste as defined in the Resource Conservation
and Recovery Act of 1976, as amended (hereinafter referred to as "RCRA"), hazardous
substances as defined in the Comprehensive Environmental Response Compensation and
Liability Act, as amended (hereinafter referred to as "CERCLA"), and toxic substances as
defined in the Toxic Substances Control Act, as amended (hereinafter referred to as "TSCA").
Any operations in or on the City Property shall not be in violation of any laws, regulations,
ordinances, statutes, orders, or decrees of any governmental body, arbitration tribunal, or court,
including, without limitation, RCRA, CERCLA, TSCA, and all regulations thereunder. There
shall be no conduct of business in or on the City Property that constitutes a violation of
environmental laws or any other laws, regulations, ordinances, statutes, order or decrees of any
governmental body.
7. Neither this Agreement, nor any portion thereof, nor any actions of the City in granting
permission to place said improvements and/or conduct said activities in or on the City Property,
shall be construed to give the Licensee any irrevocable rights with respect thereto. The City
reserves the right to terminate this Agreement and to order the removal of said improvements
and/or the cessation of said activities, at the Licensee's cost, for any reason. In such event, the
Licensee agrees to remove said improvements and/or cease said activities within a reasonable
period of time as determined by the City. Should the Licensee fail to remove said
improvements and/or cease said activities within said period of time, the City shall have the
right to cause said improvements to be removed and/or said activities to be stopped, and any
costs incurred by the City in doing so shall be paid by the Licensee. Should the Licensee fail to
pay the City for said costs, the City shall have the right to issue a special tax bill, which shall be
a lien against the Licensee's property referenced herein.
8. This Agreement shall be a continuing obligation running with the land, and shall bind the
Licensee and any heirs, executors, administrators, successors, assigns, and legal representatives
of the Licensee. This Agreement shall be recorded in the Office of the Recorder of Deeds of
Cape Girardeau County, Missouri, and shall be of record.
(Remainder of this page intentionally left blank)
01
IN WITNESS WHEREOF, the Parties have executed this Agreement on this ala day of
— 'MaAC,k , 20;j .
CAPE GIRARDEAU SCHOOL DISTRICT NO 63
Signa
STATE OF (•t t"5SoLt-P-i )
COUNTY OF Laix �i2Q) SS.
r2dec-u )
On this 2-0 day of M A -r Gni+ 20 -2157-, before me personally appeared
14owaPd Be lVon who did state that he/she is the SUOeri'4ti side-tg+ of CAPE
GIRARDEAU SCHOOL DISTRICT NO 63, a public school district organized and existing
under the laws of the State of Missouri, of the County of Cape Girardeau in the State of Missouri,
and that they have executed the foregoing instrument as a free act and deed for the said purposes
therein stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in said
State and County, the date first above written.
R '+SsiOry •F9 �i��
�oF �M202F4p-.% (�
s =_ NotaryPPt lie Si&fiatbre
N.
NOTARY SEAL
Cape Girardeau 'Q.:
Count
/on
Notary Public Printed Name
My Commission Expires: (1--,7+-22OZ(o
IN WITNESS WHEREOF, the Parties have executed this Agreement on this day of
n) � , 20j@l�S_.
ATTEST:
�.JO-L'eg powd
Gayle q1irad, City Clerk
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU)
On this d# day of f (iY 1 201 before me personally appeared Dr.
Kenneth Haskin, City Manager of he City of Cape Girardeau, a Municipal Corporation organized and
existing under the laws of the State of Missouri, known by me to be the person described in and who
executed the foregoing instrument, and acknowledged that the foregoing instrument was signed and
sealed on behalf of said City by authority of its City Council, and acknowlgdged V thg he executed the
same as the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my oifigial seal in said
CITY OF CAPE GIRARDEAU
Dr. Onneth Haskin, City Manager
State and County, the date first above written.
My Co Ex Expi`rre�s:
Legal Description - L & 1 for La Cruz St ROW in Smelterville
1-10-2025
A part of La Cruz Street Right of Way of Smelterville, a subdivision recorded in Plat Book 2, at Page 42 in
the County Land Records, in the City and County of Cape Girardeau, Missouri and further described as
follows:
All that part, adjacent to and along the southern line and being 20 foot wide, of LaCruz Street Right of
Way of the aforementioned Smelterville stretching from the Northwest corner of Lot 1, Block 1 of said
subdivision for a length of 275 feet, more of less, to the Northeast corner of Lot 16, Block 1 of said
subdivision and there terminating.
pi,�
G9Tv�7fCAPE License & Indemnity Agreement
GIRARDEAUfor La Cruz St Right of Way
J 1
r i I
coq
+ + t
� 1 co
/
i J
90fiR_p_w
La CrUz St
cot 9 275 ft lo��wu},,,,,
_^ _ , I
f �o
Lott I� oro
Lot3
/
BLOCK 9 I I
/ __ '
' Smelterville ;
- ° PB 2 PG 42 '
Beech St
® L & I Agreement Area
Parcel
_ Lot Lines
ft wide
LEGEND
0 50 100 Feet
N l i i+ l i i i l 1.822
W $ DM : 1/10/2026 alry 4;'rnr aaennrur
Creeletl hy: D—bpmen5ery I^Yo^y.rvikE hy'EmcY1p�P Cary
Taoae HeP e,plferca Water Raw G'nN°°i rtlo b°° E!°� dad ly
S .....R„a,:
CIIy O;C°pa G1mMeau Gawrmant,MD
�N ••'` CITYOf CAPE License & Indemnity Agreement
—r GIRARDEAU for La Cruz St Right of Way
La Cruz_ T
275 ft /
BLOCK 1�
v
Sme/tervi//e O�
r PB 21 PG 42 OZ`
L & I Agreement LEGEND
Area of Interest
N 0 50 100 Feet 1:822
Parcel
W E Date: 6/28/2025 CITY gfC60P 61i8NOra
layers pro, ided by fire City of Cape
Created by: Development ServiCeS Grardevaretob—u dforvi.A aldonly
LotLines Teresa Hefner,AlliaMe Water Resources and are not gauranteed to be a o:urate.
S Data Source(-): Iheeeleyere--tob—u dfor avy
City of Cape Girardeau Government, MO engineering ord a ig.purp...
Staff: JoJo Stuart, Airport Manager
Agenda: August 4, 2025
SUBJECT
A resolution authorizing the City Manager to execute a Lease Agreement with Elite Avionics Services
LLC, at the Cape Girardeau Regional Airport
EXECUTIVE SUMMARY
The attached agreement for lease space to be maintained by Elite Avionics Services LLC, provides for
a new, five (5) year lease in Hangar 71, located at the Cape Girardeau Regional Airport, for the purpose
of providing an aircraft avionics shop with administrative office space and hangar floor space. The
employees will be providing avionics installation and troubleshooting services for all types of aircraft.
BACKGROUND/DISCUS SION
Elite Avionics Services LLC's first lease started in July 2017, with the hope that the business would be
successful and expand in the future. This new lease reflects the businesses success with the increased
amount of office space to be leased.
FINANCIAL IMPACT
This new agreement will provide $1,036 monthly ($12,432 annually) in revenue compared to the prior
lease amount of $495 per month ($5,950 annually). This equates to an increase of $540 per month, or
$6,480.04 annually. Elite is increasing their office space from 280 sq ft. to 1,000 sq ft.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
STAFF RECOMMENDATION
It is recommended the City Council approve a resolution authorizing the City Manager to enter into the
attached agreement with Elite Avionics Services LLC, in the amount of $12,432 annually, at the Cape
Girardeau Regional Airport.
BOARD OR COMMISSION RECOMMENDATION
PUBLIC OUTREACH
ATTACHMENTS:
File Name
Description
D 25-85_ Airport_Lease_Elite_ANonics.doc Resolution
D Elite_ANonics_LEASE 2025.pdf Agreement
BILL NO. 25-85
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT WITH ELITE AVIONICS
SERVICES LLC, AT THE CAPE GIRARDEAU REGIONAL
AIRPORT
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 to execute a Lease
Agreement, with Elite Avionics Services LLC, for the property
located inside the hangar address 9071 John E. Goodwin Memorial
Drive, at the Cape Girardeau Regional Airport, in the City of Cape
Girardeau, Missouri. 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 or amendments as
shall be approved by the officers of the City executing the same.
The officers, agents, and employees of the City are hereby
authorized to execute all documents and take steps as they deem
necessary and advisable to carry out and perform the purpose of
this Resolution.
PASSED AND ADOPTED THIS DAY OF , 2025.
Stacy Kinder, Mayor
ATTEST:
Gayle L. Conrad, City Clerk
CITY Of CAPE GIRARDEAU
REGIONAL AIRPORT - CGI
ELITE AVIONICS SERVICES LEASE
This Agreement, made and entered into this 1 st day of Aug�st , 2025, by and between the
City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called "Lessor" and Elite Avionics
Services LLC, a corporation organized and existing under and by virtue of the laws of the State of Missouri,
and authorized to do business in the State of Missouri, hereinafter referred to as "Lessee",
In consideration of the mutual promises and covenants hereinafter set forth and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, both parties hereto
agree as follows:
SECTION 1. LEASED PREMISES.
Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, the property shown on
diagram in Exhibit A, located inside the hangar (#71) at the address 9071 John E. Godwin Memorial Drive,
which real estate is owned by the City of Cape Girardeau, Missouri located at the Cape Girardeau Regional
Airport in Scott County, Missouri.
The property areas designated in Exhibit A shall be referred to as the "Premises"
As used herein, "Common Areas" shall mean all areas within the Property that are available for the
common use of tenants of the Property and that are not leased or held for the exclusive use of Tenant or
other tenants or licensees, including, but not limited to, parking areas, driveways, sidewalks, loading areas,
corridors, hallways, landscaping and planted areas. Tenants shall have the nonexclusive right to use the
Common Areas for the purposes intended, subject to such reasonable rules and regulations as Landlord may
uniformly establish from time to time.
SECTION 2. USE OF PREMISES.
Lessee shall occupy and use the Premises to operate a Federal Aviation Administration approved
business directly associated with aircraft avionics repairs and installation, aircraft repairs, maintenance, and
renovation. Such aircraft can be defined as civilian or military, helicopters or fixed wing type aircraft.
Lessee agrees to limit the use of the hangar facilities to those areas and activities listed above and
to allow the Lessor to use the remaining portions of the hangar for daily storage of aircraft or for leasing
additional hangar and/or office space to any other business for any aviation related activity. Lessee may,
however, have free ingress and egress to the air side ramp areas, utilizing the air side hangar door, when it
is necessary to access aircraft, equipment, or other associated vehicles.
Lessee shall not use or permit the use of all or any portion of the Premises in any other manner than
herein set forth, without the prior written consent of Lessor. Lessee shall all times maintain a respectable,
Page 1 of 8
clean, and professional operation and appearance. The Lessee's will be responsible for the cleaning and
providing supplies for the restrooms.
Lessee further agrees to comply with all Rules and Regulations set out by the Cape Girardeau
Regional Airport, as amended.
SECTION 3. TERM.
The original term of this Agreement shall be for five (5) years, commencing on the 1 St day of August
2025, and shall expire on the 31St day of July, 2030. At the conclusion of the original term, all rental amounts
and other conditions of the Lease shall be subject to renegotiation at the option of Lessor, otherwise, this
Agreement shall continue in force from year to year unless one of the parties to the Agreement notifies the
other party in writing, at least sixty (60) days prior to June 30th, that they intend to renegotiate the contract.
SECTION 4. RENT.
Lessee promises and agrees to pay rent to the Lessor for the Premises at a rate of $1,036.00 monthly,
which is the sum of (980 square feet hangar floor space multiplied by $3.50 per square foot per year, plus
the sum of 1000 square feet of office space multiplied by $9.00 per square foot per year) divided by 12
months.
This rent payment includes expenses for all water, gas, electricity, sewer and other utility charges,
except for telephone and internet, associated with the Premises during the term of this Lease. Any
additional space used by the Lessee shall be subject to additional rental payments as a part of monthly rent,
upon Agreement and approval by the Airport Manager or his/her assigned designee.
The rent is payable monthly and Lessee shall pay to Lessor before the 10' day of each month the
rent herein before provided the previous month. All payments are to be made at the office of the City
Collector of the City of Cape Girardeau or at such other place as Lessor may direct.
For each successive five (5) year period during the initial Term or a Renewal Term, if any, the
monthly rental amount shall equal the monthly rental amount for the preceding five year rental period plus
15 percent (15%).
Subject to provisions in SECTION 15. DAMAGES., should hangar 71 be damaged in such a way
as to cause reduction or cessation of Lessee's business, the base minimum rent shall be reduced by the same
percentage as the gross receipts of the Lessee are reduced during the months of such damage, compared to
the corresponding calendar months of the immediately preceding year, provided that such damage is in no
way proximately caused by Lessee, its agents or employees.
SECTION 5. ASSIGNMENT AND SUBLETTING.
Lessee shall not assign this Lease, nor shall the Premises or any part thereof, be assigned, let or
sublet without the prior written consent of Lessor, which consent shall not be unreasonably withheld.
SECTION 6. TERMINATION OF LEASE.
Page 2 of 8
Following the initial five (5) year term of this Lease, Lessee or Lessor shall be required to give at
least sixty (60) days' notice of intent to terminate this Lease. Failure of the Lessee to conduct business in
excess of thirty (30) consecutive days without written notice giving reasonable cause of such to Lessor may
be abandonment of the Premises. Failure by Lessee to give such notice shall be considered as abandonment
of the Premises and shall result in termination of the terms of this Lease — AND — Lessee shall pay to
Lessor, one month's rent at the highest rate applicable in paragraph 4 of this Lease.
SECTION 7. REPAIRS.
Lessee shall be responsible for damage to the Premises resulting from Lessee's use of the Premises,
ordinary wear and tear excepted and Lessee shall keep the Premises in good and safe repair and condition
at all times during the term hereof.
SECTION 8. ALTERATIONS AND IMPROVEMENTS.
Lessee shall make no alterations, additions, repairs, replacements or improvements upon the leased
premises without the prior written consent of Lessor. Such consent shall not be withheld without reasonable
cause. All alterations, additions, repairs, replacement and improvements shall be and remain the property
of Lessor and be surrendered with the Premises as part thereof upon termination of this Lease.
SECTION 9. SIGNS.
Lessee shall not construct, attach, affix or paint any sign, advertisement or notice on the exterior of
the Premises, including screens, awnings and shades without the prior written consent of Lessor. Lessor
agrees to work with the Lessee in facilitating a location upon which Lessee can erect and maintain a sign
or signs, which will, at a minimum, advertise the business of the Lessee.
SECTION 10. COMPLIANCE WITH LAWS.
Lessee covenants and agrees that it will comply with all the requirements of all laws regulating the
use and occupancy of buildings in Cape Girardeau, Missouri and that it will not create or permit any
nuisance in or upon the Premises to the annoyance of neighboring properties, or permit waste of the
Premises to occur, or allow the Premises to be used for any illegal, immoral or illegitimate purposes.
SECTION 11. UTILITIES.
Lessee shall be responsible to pay all local and long distance telephone expenses associated with
Lessee's business. Additionally, computer or internet service charges will be the responsibility of Lessee.
SECTION 12. PUBLIC LIABILITY INSURANCE.
Lessee shall procure and maintain in effect for the term of this Agreement, liability insurance in an
amount not less than $517,306.00 for one person and $3,448,710.00 for any one occurrence involving
injury, including death, to more than one person, with property damage insurance of not less than
Page 3 of 8
$500,000.00 for any one occurrence. The Lessor shall be named as an additional insured and the policy
shall provide that in the event of cancellation, written notice of such cancellation shall be given to the Lessor
at least thirty days prior to the effective date of such cancellation. If, however, the State of Missouri raises
the liability limits for municipalities contained in Section 537.600 et seq., revised Statutes of Missouri, or
elsewhere, Lessee shall increase its liability insurance to an amount equal to the increased liability limits.
SECTION 13. INDEMNIFICATION.
Lessee shall indemnify and hold harmless and defend the Lessor, its officers, agents and employees
from and against any and all claims, demands, damage, loss or liability of any kind or nature, costs or
expenses, including attorney's fees and witness costs which may be asserted by any person or persons for
or on account of injuries or death or damages to property sustained because of or arising out of activities of
Lessee, its officers, agents or employees provided for herein, whether or not there is concurrent active or
passive negligence on the part of the Lessor, but excluding liabilities due to the sole willful misconduct of
the Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss, injury, damage
or delay of any nature whatsoever resulting there from caused by any Act of God, fire, flood, accident,
epidemic, pandemic, strike, labor dispute, riot, insurrection, war or any other cause beyond Lessor's control.
SECTION 14. TAXES.
Lessor shall pay any real estate taxes on the Premises. Lessee will be responsible only for such
taxes as are assessed against Lessee's activity and on the equipment Lessee owns, and/or uses in the conduct
of its activity.
SECTION 15. DAMAGES.
If the Premises or any improvements thereon become damaged in whole or in part by fire or other
casualty through no fault of Lessee to such extent as Lessee determines said damage will interfere with or
inconvenience it in its operations, Lessee shall have the following options:
1) Lessee may request Lessor to repair the damaged Premises at Lessors expense if such
damage is not the result of Lessees use or occupancy. Lessor, however, shall have sole
discretion in deciding whether to rebuild the Premises.
2) If said Premises are not rebuilt, Lessee may, upon 30 days written notice, forthwith
terminate this Lease, in which event Lessee shall have no further liability or obligation to
Lessor.
If the Premises or any improvements thereon become damaged in whole or in part as a result of
Lessee's use or occupancy, Lessor may, in its sole discretion, repair such damage but at Lessee's expense,
and if such damage is covered by Lessee's insurance, then the proceeds of such insurance shall be paid to
Lessor to be applied to such restoration or repair, with any excess paid to, or deficiency paid by, Lessee as
the case may be.
SECTION 16. DEFAULT.
Page 4 of 8
If any default shall be made in Lessee's compliance with any term or provision of this Agreement,
then Lessor may at its sole option, upon 30 days written notice, forthwith terminate this Lease. Lessee,
however, shall have the right to cure any such default, other than non-payment of rent, within that thirty
(30) day period. Upon such termination of this Lease, Lessee shall peacefully surrender possession of the
Premises to Lessor, and all rights of Lessee to the Premises shall cease and desist.
SECTION 17. SURRENDER AT END OF TERM.
On the last day of the Lease term, whether or not accelerated, Lessee shall peacefully and quietly
leave and surrender the Premises to Lessor, including all improvements added by Lessee, if any, in as good
condition as reasonable use and wear thereof will permit.
SECTION 18. NOTICES.
Any notice or demand provided for herein may be given to Lessor and Lessee to be served by
personal service or by ordinary mail, postage prepaid, addressed to Lessor at: Office at the Airport Manager,
Cape Girardeau Regional Airport, P.O. Box 617, Cape Girardeau, MO 63702 and to Lessee at US Aviation
Academy, Attn: Mike Sykes, CFO, Denton Municipal Airport, 4850 Spartan Drive., Denton TX 76207.
Either party may designate in writing, a new address to which any such notice, demand, or communication
shall thereafter be given.
SECTION 19. WAIVERS.
No waiver of any right to re-enter or terminate, by acceptance of rent or otherwise, shall waive any
subsequent right to re-enter or terminate for subsequent breaches of any covenant, term or condition of this
Lease, nor shall any consent by Lessor to any assignment or subletting of the Premises, or any part thereof,
waive any of the covenant, terms or conditions of this Lease relating to assignment or subletting.
SECTION 20. CONDITIONS OF PREMISES.
Lessee acknowledges that it has examined the Premises and the parking facilities prior to the
execution of this Agreement and knows of the condition thereof; that no representations as to the condition
or state of repair thereof have been made by Lessor other than those expressed herein; and that Lessee
accepts the Premises and the parking facilities in their condition "as is" and "with all faults" at the beginning
of the Lease term.
SECTION 21. DEFINITIONS.
Whenever the words "Lessor" or "Lessee" are used herein, they shall be construed to include the
successors and assigns of the parties, who shall also be bound by the terms of this Agreement.
SECTION 22. MISCELLANEOUS.
Page 5 of 8
This Agreement and its performance shall be deemed to have been fully executed, made by both
the Lessee and the Lessor in, and governed by and construed in accordance with the laws of the State of
Missouri and to be performed wholly within such state, without regard to choice or conflict of laws
provisions. Both the Lessee and the Lessor hereto agree that any action at law, suit in equity, or other
judicial proceeding arising out of this Agreement shall be instituted only in the Circuit Court of Cape
Girardeau County, Missouri, and waive any objection based upon venue or forum non conveniens or
otherwise.
In no event shall the language of this Agreement constitute or be construed as a waive or limitation on the
Lessor's rights or defense with regard to applicable sovereign, governmental, or immunities and protections
as provided by federal and state constitution or law. No official, officer, attorney, or employee of the Lessor
shall be personally liable to the Lessee or any employee of the Lessee in the event of any default or breach
by any party under this Agreement, or for any amount which may become due to any party or on any
obligations under the terms of this Agreement.
The headings and captions of this Agreement are for convenience and reference only, and in no way define,
limit, or describe the scope or intent of this Agreement or any provision thereof and shall in no way be
deemed to explain, modify, amplify or aid in the interpretation or construction of the provisions of this
Agreement. The Lessor and the Lessee and their respective attorneys have had full opportunity to review
and participate in the drafting of the final form of this Agreement. This Agreement shall be construed
without regard to any presumption or other rule of construction whereby ambiguities within this Agreement
would be construed or interpreted against the party causing the document to be drafted. In any
interpretation, construction or determination of the meaning of any provision of this Agreement, no
presumption whatsoever shall arise from the fact that the Agreement was prepared by or on behalf of any
party.
The Lessor and the Lessee agree that this Agreement constitutes the entire Agreement between the parties
and no other agreement or representations other than those contained in this Agreement have been made by
the parties. The Lessor's failure at any time hereafter to require strict performance by the Lessee of any
provision of this Agreement shall not waive, affect or diminish any right of the Lessor thereafter to demand
strict compliance and performance therewith. This Agreement may be amended at any time prior to
termination only upon mutual agreement by both the Lessee and the Lessor. This Agreement shall be
amended only in writing and effective when signed by the duly authorized agents of the parties.
SECTION 23. INCLUDED SERVICES.
Lessor shall provide parking facilities for use by Lessee's employees and visitors/customers as an
integral part of this Agreement. However, the Lessor reserves the right to make alterations to the parking
facilities at the Airport at the Lessor's sole discretion.
SECTION 24. FEDERAL ASSURANCES.
Lessee will not, on the grounds of race, color, creed or national origin, discriminate or permit
discrimination against any person or group of persons in any manner prohibited by Part 21 or the
Regulations of the Office of the Secretary of Transportation. Lessor reserves the right to take such action
as the United States Government may direct to enforce this covenant.
Page 6 of 8
This Lease shall be subordinate to the provisions of any existing or future agreement between
Lessor and the United States, relative to the operation or maintenance of the airport, the execution of which
has been or may be required as a condition precedent to the expenditure of federal funds for the development
of the airport.
It is understood and agreed that nothing herein contained shall be construed to grant or authorize
the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958.
In the event that facilities are constructed, maintained, or otherwise operated on the property
described in the Lease, for a purpose for which a Department of Transportation program or activity is
extended or for another purpose involving the provision of similar services or benefits, the Lessee shall
maintain and operate its facilities and services in compliances with all requirements imposed pursuant to
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation,
and as said Regulations now exist or as they may from time to time be amended.
Lessee, for itself, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree as a covenant running with the land that: (1) No person on the grounds of race,
color creed or national origin shall be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities, (2) In the construction of any improvements on,
over, or under such land and the furnishing of services thereon, no person on the grounds of race, color,
creed or national origin shall be excluded from participation in, denied the benefits of, or otherwise
subjected to discrimination; (3) The "Lessee" shall use the premises in compliance with all other
requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs
of the Department of Transportation, and as said Regulations may be amended.
Lessor agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users
thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service;
PROVIDED, that Lessee may make reasonable and nondiscriminatory discounts, rebates, or other similar
types of price reductions to volume purchases or as is from time to time allowed through various marketing
devices.
SECTION 26. PARTIES ABOUND.
Page 7 of 8
All of the terms, covenants and conditions herein contained shall be binding upon and shall insure
to the benefit of the parties, their successors, heirs, executors, administrators and assigns.
IN WITNESS WHEREOF, the parties here to have caused this Agreement to be executed as of the
day and year first above written at Cape Girardeau, Missouri.
CITY OF CAPE GIRARDEAU, MISSOURI
Dr. Kenneth Haskin
City Manager
JoJo Stuart
Airport Manager
ATTEST:
Gayle Conrad
City Clerk
LESSEE
Elite Avionics Services LLC
Brian Ozark, CEO
Page 8 of 8
Staff: JoJo Stuart, Airport Manager
Agenda: August 4, 2025
SUBJECT
Execution of an Airport Infrastructure Grant (AIG) grant agreement with the Federal Aviation
Administration to construct taxilanes and site development for two 10 -unit T -hangars at the Cape
Girardeau Regional Airport. AIP Project No. 3-29-0013-022-2025.
EXECUTIVE SUMMARY
Construct Taxilanes (Approximately 750 Feet by 25 Feet) and Site Development for Two 10 -Unit T -
Hangars.
This project is for $796,764. The AIG grant agreement will be used to fund 95% of the taxiway
reconstruction, with a local match of 5% required.
BACKGROUND/DISCUS SION
The taxilanes and T -Hangars have been constructed per the FAA guidelines so the AIG Grant will be
used to reimburse the City for the money used on these projects.
FINANCIAL IMPACT
The AIG Grant is for $796,764. The City of Cape Girardeau will be required to fund 5% which will be
$39,838.
SUSTAINABILITY ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
The 20 new T -hangars will increase the airport's revenue and provide new enclosed parking for some of
the airport's tenants. The taxilanes connect all of the airport's T -hangars to Taxiway E and F which allows
for easier access and more efficient operations.
STAFF RECOMMENDATION
It is recommended that City Council approve a resolution allowing the City Manager to execute the
attached Airport Infrastructure Grant Program Grant Agreement with the Federal Aviation Administration,
in the amount of $756,926.00 with a 5% local match ($39,838), to fund the construction of taxilanes and
the site development for two 10 -unit T -hangars at the Cape Girardeau Regional Airport.
BOARD OR COMMISSION RECOMMENDATION
PUBLIC OUTREACH
ATTACHMENTS:
File Name
0 25-86 Agreement—FAA Grant_022-2025.doc
0 AIP_Grant_No_3-29-0013-022-2025.pdf
Description
Resolution
AIP Grant No 3-29-0013-022-2025
BILL NO. 25-86
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT AGREEMENT WITH THE UNITED
STATES OF AMERICA ACTING THROUGH THE FEDERAL
AVIATION ADMINISTRATION FOR AIRPORT
INFRASTRUCTURE
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 to execute a
Grant Agreement 3-29-0013-022-2025 with the United States of
America acting through the Federal Aviation Administration to
construct taxilanes and for site development of two 10 -unit T -
hangars. The Agreement shall be in substantially the form attached
hereto, which document is hereby approved by the City Council, and
incorporated herein by reference, with such changes or amendments
as shall be approved by the officers of the City executing the
same. The officers, agents, and employees of the City are hereby
authorized to execute all documents and take steps as they deem
necessary and advisable to carry out and perform the purpose of
this Resolution.
PASSED AND ADOPTED THIS DAY OF , 2025.
Stacy Kinder, Mayor
ATTEST:
Gayle L. Conrad, City Clerk
a
U.S. Department
of Transportation Airports Division FAA ACE -600
Federal Aviation Central Region 901 Locust
Iowa, Kansas, Missouri, Nebraska Kansas City, MO 64106
Administration
Mr. Jolo Stuart
Airport Manager
Cape Girardeau Regional Airport
860 Rush H. Limbaugh Jr. Memorial Drive
Cape Girardeau, MO 63703
Dear Mr. Stuart:
The Grant Offer for Infrastructure Investment and Jobs Act (IIJA) Airport Infrastructure Grant (AIG)
Project No. 3-29-0013-022-2025 at Cape Girardeau Regional Airport is attached for execution. This letter
outlines the steps you must take to properly enter into this agreement and provides other useful
information. Please read the conditions, special conditions, and assurances that comprise the grant offer
carefully.
You may not make any modification to the text terms or conditions of the grant offer.
Steps You Must Take to Enter Into Agreement. To properly enter into this agreement, you must do the
following:
1. The governing body must give authority to execute the grant to the individual(s) signing the
grant, i.e., the person signing the document must be the sponsor's authorized representative(s)
(hereinafter "authorized representative').
2. The authorized representative must execute the grant by adding their electronic signature to
the appropriate certificate at the end of the agreement.
3. Once the authorized representative has electronically signed the grant, the sponsor's attorney(s)
will automatically receive an email notification.
4. On the same day or after the authorized representative has signed the grant, the sponsor's
attorney(s) will add their electronic signature to the appropriate certificate at the end of the
agreement.
5. If there are co-sponsors, the authorized representative(s) and sponsor's attorney(s) must follow
the above procedures to fully execute the grant and finalize the process.
6. Signatures must be obtained and finalized no later than
7. The fully executed grant will then be automatically sent to all parties as an email attachment
Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for
reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please
see the attached Grant Agreement for more information regarding the use of this System.
Project Timing. The terms and conditions of this agreement require you to complete the project without
undue delay and no later than the Period of Performance end date (1,460 days from the grant execution
date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We
expect you to submit payment requests for reimbursement of allowable incurred project expenses
consistent with proiect progress. Your grant may be placed in "inactive" status if you do not make draws
on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the
3-29-0013-022-2025
Period of Performance ends are generally not allowable and will be rejected unless authorized by the
FAA in advance.
Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as
follows:
➢ For all grants, you must submit by December 31" of each year this grant is open:
1. A signed/dated SF -270 (Request for Advance or Reimbursement for non -construction
projects) or SF -271 or equivalent (Outlay Report and Request for Reimbursement for
Construction Programs), and
2. An SF -425 (Federal Financial Report).
➢ For non -construction projects, you must submit FAA Form 5100-140, Performance Report within
30 days of the end of the Federal fiscal year.
➢ For construction projects, you must submit FAA Form 5370-1, Construction Progress and
Inspection Report, within 30 days of the end of each Federal fiscal quarter.
Audit Requirements. As a condition of receiving Federal assistance underthis award, you must comply
with audit requirements as established under 2 CFR part 200. Subpart F requires non -Federal entities
that expend $1,000,000 or more in Federal awards to conduct a single or program specific audit for that
year. Note that this includes Federal expenditures made under other Federal -assistance programs.
Please take appropriate and necessary action to ensure your organization will comply with applicable
audit requirements and standards.
Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your
FAA contact indicated below to close the project without delay and submit the necessary final closeout
documentation as required by your Region/Airports District Office.
FAA Contact Information. Justin Collier, Ph: (816) 329-2635, is the assigned program manager for this
grant and is readily available to assist you and your designated representative with the requirements
stated herein.
We sincerely value your cooperation in these efforts and lookforward to working with you to complete
this important project.
Sincerely,
p
Rodney N. Joel
Director, Central Region Airports Division
3-29-0013-022.2025
Q
U.S. Department
of Transportation
Federal Aviation
Administration
FY 2025 AIRPORT INFRASTRUCTURE GRANT
GRANT AGREEMENT
Part I - Offer
Federal Award Offer Date
Airport/Planning Area Cape Girardeau Regional
Airport Infrastructure Grant 3-29-0013-022-2025
Number
Unique Entity Identifier LIRQMKMJYF76
TO: City of Cape Girardeau, Missouri
(herein called the "Sponsor") (The word "Sponsor" in this Grant Agreement also applies to a Co -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 July 10, 2025, for a grant
of Federal funds for a project at or associated with the Cape Girardeau Regional Airport which is
included as part of this Grant Agreement; and
WHEREAS, the FAA has approved a project for the Cape Girardeau Regional Airport (herein called the
"Project") consisting of the following:
Construct Taxilanes (Approximately 750 Feet By 25 Feet) and Site Development for Two 10 -Unit T -
Hangars
which is more fully described in the Project Application.
NOW THEREFORE, Pursuant to and for the purpose of carrying out, the Infrastructure Investment and
Jobs Act (Public Law (P.L.) 117-58) of 2021; FAA Reauthorization Act of 2024 (P.L. 118-63); and the
representations contained in the Project Application; and in consideration of: (a) the Sponsor's adoption
and ratification of the attached Grant Assurances dated April 2025, interpreted, and applied consistent
with the FAA Reauthorization Act of 2024; (b) the Sponsor's acceptance of this Offer; and (c) the
benefits to accrue to the United States and the public from the accomplishment of the Project and
compliance with the Grant Assurance and conditions as herein provided;
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
3-29-0013-022-2025
OFFERS AND AGREES to pay Ninety -Five (95%) of the allowable costs incurred accomplishing the
Project as the United States share of the Project.
Assistance Listings Number (Formerly CFDA Number): 20.106
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is
$756,926.00.
The following amounts represent a breakdown of the maximum obligation for the purpose of
establishing allowable amounts for any future grant amendment, which may increase the foregoing
maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b):
$0 for planning
$756,926.00 for airport development or noise program implementation; and,
$0 for land acquisition.
2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements:
a. Period of Performance:
1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed
by the last Sponsor signatory to the Agreement. The end date of the Period of Performance
is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance
end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend
beyond the closeout of this Grant Agreement.
2. Means the total estimated time interval between the start of an initial Federal award and
the planned end date, which may include one or more funded portions or budget periods.
(2 Code of Federal Regulations (CFR) § 200.1) except as noted in 49 U.S.C. § 47142(b).
b. Budget Period:
1. Forthis Grant is 4 years (1,460 calendar days) and follows the same start and end date as
the Period of Performance provided in paragraph 2(a)(1). Pursuant to 2 CFR § 200.403(h),
the Sponsor may charge to the Grant only allowable costs incurred during the Budget
Period and as stated in 49 U.S.0 § 47142(b). Eligible project -related costs incurred on or
after November 15, 2021 that comply with all Federal funding procurement requirements
and FAA standards are allowable costs.
2. Means the time interval from the start date of a funded portion of an award to the end date
of that funded portion during which Sponsors are authorized to expend the funds awarded,
including any funds carried forward or other revisions pursuant to 2 CFR § 200.308.
c. Close Out and Termination
Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout
documentation and liquidate (pay-off) all obligations incurred underthis award no later
than 120 calendar days after the end date of the Period of Performance. If the Sponsor does
not submit all required closeout documentation within this time period, the FAA will
proceed to close out the grant within one year of the Period of Performance end date with
3-29-0013-022-2025
the information available at the end of 120 days. (2 CFR § 200.344). The FAA may terminate
this agreement and all of its obligations under this agreement if any of the following occurs:
(a) (1) The Sponsor fails to obtain or provide any Sponsor grant contribution as required by
the agreement;
(2) A completion date for the Project or a component of the Project is listed in the
agreement and the Recipient fails to meet that milestone by six months after the date
listed in the agreement;
(3) The Sponsor fails to comply with the terms and conditions of this agreement,
including a material failure to comply with the Project Schedule even if it is beyond the
reasonable control of the Sponsor;
(4) Circumstances cause changes to the Project that the FAA determines are
inconsistent with the FAA's basis for selecting the Project to receive a grant; or
(5) The FAA determines that termination of this agreement is in the public interest.
(b) In terminating this agreement under this section, the FAA may elect to consider only the
interests of the FAA.
(c) The Sponsor may request that the FAA terminate the agreement under this section.
3. Ineligible or Unallowable Costs. In accordance with P.L. 117-58, Division J, Title VIII, and 49 U.S.C. §
47110, the Sponsor is prohibited from including any costs in the grant funded portions of the project
that the FAA has determined to be ineligible or unallowable, including costs incurred to carry out
airport development implementing policies and initiatives repealed by Executive Order 14148,
provided such costs are not otherwise permitted by statute.
4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the
indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for
Sponsor direct salaries and wages.
5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs
will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the
Secretary of Transportation ("Secretary"), and any superseding legislation. 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.
6. Completing the Proiect Without Delay and in Conformance with Requirements The Sponsor must
carry out and complete the project without undue delays and in accordance with this Agreement,
IIIA (P.L. 117-58), and the regulations, policies, and procedures of the Secretary. Per 2 CFR
§ 200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from
performing the project that exceeds three months or a 25 percent reduction in time devoted to the
project. The report must include a reason for the project stoppage. The Sponsor also agrees to
comply with the grant assurances, which are part of this Agreement.
7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or
withdraw this offer at any time prior to its acceptance by the Sponsor.
8. Offer Expiration Date. This offer will expire and the United States will 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
or such subsequent date as may be prescribed in writing by the FAA.
3-29-0013-022--2025
9. Improper Use of Federal Funds and Mandatory Disclosure.
a. The Sponsor must 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 for 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 dispersed by the Sponsor, that were originally paid pursuant to
this or any other Federal grant agreement. The Sponsor must obtain the approval of the
Secretary as to any determination of the amount of the Federal share of such funds. The
Sponsor must return the recovered Federal share, including funds recovered by
settlement, order, orjudgment, to the Secretary. The Sponsor must furnish to the
Secretary, upon request, all documents and records pertaining to the determination of
the amount of the Federal share orto any settlement, litigation, negotiation, or other
efforts taken to recover such funds. All settlements or other final positions of the
Sponsor, in court or otherwise, involving the recovery of such Federal share require
advance approval by the Secretary.
b. The Sponsor, a recipient, and a subrecipient under this Federal grant must promptly
comply with the mandatory disclosure requirements as established under 2 CFR §
200.113, including reporting requirements related to recipient integrity and
performance in accordance with Appendix XII to 2 CFR Part 200.
10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for
damage to property or injury to persons which may arise from, or be incident to, compliance with
this Grant Agreement.
11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI).
a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from
this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its
information in the SAM until the Sponsor submits the final financial report required under this
Grant, or receives the final payment, whichever is later. This requires that the Sponsor review
and update the information at least annually after the initial registration and more frequently if
required by changes in information or another award term. Additional information about
registration procedures may be found at the SAM website (currently at htti)://www.sam.gov).
b. Unique entity identifier (UEI) means a 12 -character alpha -numeric value used to identify a
specific commercial, nonprofit or governmental entity, A UEI may be obtained from SAM.gov at
https://sam.gov/content/entitV-registration.
12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each
payment request under this Agreement electronically via the Delphi elnvoicing System for
Department of Transportation (DOT) Financial Assistance Awardees.
13. Informal Letter Amendment of IIJA Projects. If, during the life of the project, the FAA determines
that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor
by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the
Sponsor unilaterally reducing the maximum obligation.
The FAA can, subject to the availability of Federal funds, also issue a letter to the Sponsor increasing
the maximum obligation if there is an overrun in the total actual eligible and allowable project costs
to cover the amount of the overrun provided it will not exceed the statutory limitations for grant
amendments. The FAA's authority to increase the maximum obligation does not apply to the
3-29-0013-022-2025
"planning" component of Condition No. 1, Maximum Obligation.
The FAA can also issue an informal letter amendment that modifies the grant description to correct
administrative errors or to delete work items if the FAA finds it advantageous and in the best
interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
14. Environmental Standards. The Sponsor is required to comply with all applicable environmental
standards, as further defined in the Grant Assurances, for all projects in this grant. If the Sponsor
fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant
Agreement.
15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial
reporting requirements and payment requirements, including submittal of timely and accurate
reports.
16. BuvAmerican._Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C.
§ 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel
or manufactured goods produced outside the United States to be used for any project for which
funds are provided under this Grant. The Sponsor will include a provision implementing Buy
American in every contract and subcontract awarded under this Grant.
17. Build America, Buy American. The Sponsor must comply with the requirements under the Build
America, Buy America Act (P.L. 117-58).
18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the
maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this
Grant:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects if funds are available;
c. May be increased by not more than the greater of the following for a land project, if funds are
available:
1. 15 percent; or
25 percent of the total increase in allowable project costs attributable to acquiring an
interest in the land.
If the Sponsor requests an increase, any eligible increase in funding will be subject to the United
States Government share as provided in IIJA (P.L. 117-58), or other superseding legislation if
applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not
responsible for the same Federal share provided herein for any amount increased over the initial
grant amount. The FAA may adjust the Federal share as applicable through an informal letter of
amendment.
19. Audits for Sponsors. The Sponsor must provide for a Single Audit or program -specific audit in
accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the
Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at
http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy
of the completed audit to the FAA. Sponsors that expend less than $1,000,000 in Federal awards
and are exempt from Federal audit requirements must make records available for review or audit by
the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and
3-29-0013-022-2025
other appropriate Federal agencies may request additional information to meet all Federal audit
requirements.
20. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR
§ 180.200, the Sponsor must:
a. Verify the non -Federal entity is eligible to participate in this Federal program by:
1. Checking the System for Award Management (SAM.gov) exclusions to determine if the
non -Federal entity is excluded or disqualified; or
2. Collecting a certification statement from the non -Federal entity attesting they are not
excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting the individual orfirm are
not excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier
transactions with their contractors and sub -contractors.
Immediately disclose in writing to the FAA whenever (1) the Sponsor learns it has entered into
a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a
contractor, person, or entity.
21. Ban on Texting While Driving.
a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging
While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving,
December 30, 2009, the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted
drivers including policies to ban text messaging while driving when performing any work
for, or on behalf of, the Federal government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the
business, such as:
I. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
ii. Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while driving in all
subgrants, contracts, and subcontracts funded with this Grant.
22. Trafficking in Persons.
a. Posting of contact information.
1. The Sponsor must post the contact information of the national human trafficking hotline
(including options to reach out to the hotline such as through phone, text, or TTY) in all
public airport restrooms.
b. Provisions applicable to a recipient that is a private entity.
1. Under this Grant, the recipient, its employees, subrecipients under this Grant, and
subrecipients employees must not engage in:
3-29-0013-022-2025
i. Severe forms of trafficking in persons;
ii. The procurement of a commercial sex act during the period of time that the
grant or cooperative agreement is in effect;
iii. The use of forced labor in the performance of this grant; or any subaward; or
iv. Acts that directly support or advance trafficking in persons, including the
following acts:
a) Destroying, concealing, removing, confiscating, or otherwise denying an
employee access to that employee's identity or immigration documents;
b) Failing to provide return transportation of pay for return transportation costs to
an employee from a country outside the United States to the country from
which the employee was recruited upon the end of employment if requested by
the employee, unless:
c) Exempted from the requirement to provide or pay for such return
transportation by the federal department or agency providing or entering into
the grant; or
d) The employee is a victim of human trafficking seeking victim services or legal
redress in the country of employment or witness in a human trafficking
enforcement action;
e) Soliciting a person for the purpose of employment, or offering employment, by
means of materially false or fraudulent pretenses, representations, or promises
regarding that employment;
f) Charging recruited employees a placement or recruitment fee; or
g) Providing or arranging housing that fails to meet the host country's housing and
safety standards.
2. The FAA may unilaterally terminate this Grant or take any remedial actions authorized
by 22 U.S.C. § 7104b(c), without penalty, if any private entity under this Grant:
L Is determined to have violated a prohibition in paragraph (b)(1) of this Grant; or
Ii. Has an employee that is determined to have violated a prohibition in
paragraph(b)(1) of this Grant through conduct that is either:
a) Associated with the performance under this Grant; or
b) Imputed to the recipient or the subrecipient using the standards and due
process for imputing the conduct of an individual to an organization that are
provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government -wide
Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2
CFR Part 1200.
c. Provisions applicable to a recipient other than a private entity.
1. The FAA may unilaterally terminate this award or take any remedial actions authorized
by 22 U.S.C. § 7104b(c), without penalty, if subrecipient than is a private entity under
this award:
L Is determined to have violated a prohibition in paragraph (b)(1) of this Grant or
3-29-0013-022-2025
ii. Has an employee that is determined to have violated a prohibition in paragraph
(b)(1) of this Grant through conduct that is either:
a) Associated with the performance under this Grant; or
b) Imputed to the recipient or the subrecipient using the standards and due
process for imputing the conduct of an individual to an organization that are
provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government -
wide Debarment and Suspension (Nonprocurement)," as implemented by
the FAA at 2 CFR Part 1200.
d. Provisions applicable to any recipient.
1. The recipient must inform the FAA and the DOT Inspector General immediately of any
information you receive from any source alleging a violation of a prohibition in
paragraph (b)(1) of this Grant.
2. The FAA's right to unilaterally terminate this Grant as described in paragraphs (b)(2) or
(c)(1) of this Grant, implements the requirements of 22 U.S.C. chapter 78, and is in
addition to all other remedies for noncompliance that are available to the FAA under
this Grant.
3. The recipient must include the requirements of paragraph (b)(1) of this Grant award
term in any subaward it makes to a private entity.
4. If applicable, the recipient must also comply with the compliance plan and certification
requirements in 2 CFR 175.105(b).
e. Definitions. For purposes of this Grant award, term:
1. "Employee" means either:
i. An individual employed by the recipient or a subrecipient who is engaged in the
performance of the project or program under this Grant; or
ii. Another person engaged in the performance of the project or program under this
Grant and not compensated by the recipient including, but not limited to, a
volunteer or individual whose services are contributed by a third party as an in -Kind
contribution toward cost sharing requirements.
2. "Private entity" means:
i. Any entity, including for-profit organizations, nonprofit organizations, institutions of
higher education, and hospitals. The term does not include foreign public entities,
Indian Tribes, local governments, or states as defined in 2 CFR 200.1.
ii. The terms "severe forms of trafficking in persons," "commercial sex act," "sex
trafficking," "Abuse or threatened abuse of law or legal process," "coercion," `debt
bondage," and "involuntary servitude" have the meaning given at section 103 of the
NPA, as amended (22 U.S.C. § 7102).
23. IIJA Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant
Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility
Charge (PFC) application that contains an approved PFC project also covered under this Grant
Agreement as described in the project application. The airport sponsor may not make any
3-29-001.3-022-2025
expenditure under this Grant Agreement until project work addressed under this Grant Agreement
is removed from an approved PFC application by amendment.
24. Exhibit "A" Property Map. The Exhibit "A" Property Map dated December 17, 2021, is incorporated
herein by reference or is submitted with the project application and made part of this Grant
Agreement.
25. Employee Protection from Reprisal. In accordance with 2 CFR § 200.217 and 41 U.S.C. § 4701, an
employee of a grantee, subgrantee contractor, recipient or subrecipient must not be discharged,
demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body
described in paragraph (a)(2) of 41 U.S.C. § 4712 information that the employee reasonably believes
is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds,
an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to
public health or safety, or a violation of law, rule, or regulation related to a Federal contract
(including the competition for or negotiation of a contract) or grant. The grantee, subgrantee,
contractor, recipient, or subreciplent must inform their employees in writing of employee
whistleblower rights and protections under 41 U.S.C. § 4712. See statutory requirements for
whistleblower protections at 10 U.S.C. § 4701, 41 U.S.C. § 4712, 41 U.S.C. § 4304, and 10 U.S.C. §
4310.
26. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor
agrees to comply with mandatory standards and policies relating to use and procurement of certain
telecommunications and video surveillance services or equipment in compliance with the National
Defense Authorization Act [P.L. 115-232 § 889(f)(1)] and 2 CFR § 200.216.
27. Critical Infrastructure Security and Resilience. The Sponsor acknowledges that it has considered
and addressed physical and cybersecurity and resilience in its project planning, design, and
oversight, as determined by the DOT and the Department of Homeland Security (DHS). For airports
that do not have specific DOT or DHS cybersecurity requirements, the FAA encourages the voluntary
adoption of the cybersecurity requirements from the Transportation Security Administration and
Federal Security Director identified for security risk Category X airports.
28. Title VI of the Civil Rights Act. As a condition of a grant award, the Sponsor shall demonstrate that
it complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq)
and implementing regulations (49 CFR part 21), the Airport and Airway Improvement Act of 1982 (49
U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42
U.S.C. § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration
(FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any
amendments or updates thereto. This may include, as applicable, providing a current Title VI
Program Plan to the FAA for approval, in the format and according to the timeline required by the
FAA, and other information about the communities that will be benefited and impacted by the
project. A completed FAA Title VI Pre -Grant Award Checklist is required for every grant application,
unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any
project supported by this grant that it complies with all federal nondiscrimination and civil rights
laws based on race, calor, national origin, sex, creed, age, disability, genetic information, in
consideration for federal financial assistance. The Department's and FAA's Office of Civil Rights may
provide resources and technical assistance to recipients to ensure full and sustainable compliance
with Federal civil rights requirements. Failure to comply with civil rights requirements will be
considered a violation of the agreement or contract and be subject to any enforcement action as
authorized by law.
11
3-29-001.3-022-2025
FAA Reauthorization Act of 2024. This grant agreement is subject to the terms and conditions
contained herein including the terms known as the Grant Assurances as they were published in the
Federal Register on May 2022. On May 16, 2024, the FAA Reauthorization Act of 2024 made certain
amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require the FAA to make certain
amendments to the assurances in order to best achieve consistency with the statute. Federal law
requires that the FAA publish any amendments to the assurances in the Federal Register along with
an opportunity to comment. In order not to delay the offer of this grant, the existing assurances are
attached herein; however, the FAA shall interpret and apply these assurances consistent with the
Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes,
the statutes shall apply. The full text of the FAA Reauthorization Act of 2024 is at
https://www.congress.gov/bill/118th-congress/house-bill/3935/text
29. Applicable Federal Anti -Discrimination Laws. Pursuant to Section (3)(b)(iv), Executive Order 14173,
Ending Illegal Discrimination and Restoring Merit -Based Opportunity, the sponsor:
a. Agrees that its compliance in all respects with all applicable Federal anti -discrimination
laws is material to the government's payment decisions for purposes of 31 U.S.C.
3729(b)(4); and
b. certifies that It does not operate any programs promoting diversity, equity, and
inclusion (DEI) initiatives that violate any applicable Federal anti -discrimination laws.
30. Federal Law and Public Policy Requirements. The Sponsor shall ensure that Federal funding is
expended in full accordance with the United States Constitution, Federal law, and statutory and
public policy requirements: including but not limited to, those protecting free speech, religious
liberty, public welfare, the environment, and prohibiting discrimination; and the Sponsor will
cooperate with Federal officials in the enforcement of Federal law, including cooperating with and
not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and
components of the Department of Homeland Security in and the enforcement of Federal
immigration law.
31. National Airspace System Requirements
a. The Sponsor shall cooperate with FAA activities installing, maintaining, replacing, improving, or
operating equipment and facilities in or supporting the National Airspace System, including
waiving permitting requirements and other restrictions affecting those activities to the
maximum extent possible, and assisting the FAA in securing waivers of permitting or other
restrictions from other authorities. The Sponsor shall not take actions that frustrate or prevent
the FAA from installing, maintaining, replacing, improving, or operating equipment and facilities
in orsupporting the National Airspace System.
b. If the FAA determines that the Sponsor has violated subsection (a), the FAA may impose a
remedy, including:
(1) additional conditions on the award;
(2) consistent with 49 U.S.0 chapter 471, any remedy permitted under 2 C.F.R. 200.339-
200.340, including withholding of payments; disallowance of previously reimbursed
costs, requiring refunds from the Recipient to the USDOT; suspension or termination of
the award; or suspension and debarment under 2 CFR part 180; or
(3) any other remedy legally available.
12
3-29-001.3-022-2025
c. In imposing a remedy under this condition, the FAA may elect to consider the interests of only
the FAA.
d. The Sponsor acknowledges that amounts that the FAA requires the Sponsor to refund to the
FAA due to a remedy under this condition constitute a debt to the Federal Government that the
FAA may collect under 2 CFR 200.346 and the Federal Claims Collection Standards (31 CFR parts
900-904).
32. Signage Costs for Construction Projects. The airport grant recipient hereby agrees that it will require
the prime contractor of a Federally- assisted airport improvement project to post signs consistent
with a DOT/FAA-prescribed format, as may be requested by the DOT/FAA, and further agrees to
remove any signs posted in response to requests received prior to February 1, 2025.
33. Title 8 - U.S.C., Chapter 12, Subchapter II - Immigration. The sponsor will follow applicable federal
laws pertaining to Subchapter 12, and be subject to the penalties set forth in 8 U.S.C. § 1324, Bringing
in and harboring certain aliens, and 8 U.S.C. § 1327, Aiding or assisting certain aliens to enter.
13
3-29-0013-022-2025
SPECIAL CONDITIONS
34. Airport Layout Plan (ALP). The Sponsor understands and agrees to update the ALP to reflect the
construction to standards satisfactory to the FAA and submit it in final form to the FAA as prescribed
by 49 U.S.C. § 47107(a)(16). It is further mutually agreed that the reasonable cost of developing said
ALP is an allowable cost within the scope of this project, if applicable. Airport Sponsors Grant
Assurance 29 further addresses the Sponsor's statutory obligations to maintain an ALP in
accordance with 49 U.S.C. § 47107(a)(16).
35. Protection of Runway Protection Zone - Airport Property. The Sponsor agrees to prevent the
erection or creation of any structure, place of public assembly, or other use in the Runway
Protection Zone, as depicted on the Exhibit "A": Property Map, except for Navigational Aids
(NAVAIDS) that are fixed by their functional purposes or any other structure permitted by the FAA.
The Sponsor further agrees that any existing structures or uses within the Runway Protection Zone
will be cleared or discontinued by the Sponsor unless approved by the FAA.
36. Protection of Runway Protection Zone - Easement. The Sponsor, under the easement, agrees to
take any and all steps necessary to ensure that the owner of the land within the designated Runway
Protection Zone will not build any structure in the Runway Protection Zone that is an airport hazard
or which might create glare or misleading lights or lead to the construction of residences, fuel
handling and storage facilities, smoke generating activities, or places of public assembly, such as
churches, schools, office buildings, shopping centers, and stadiums.
37. Plans and Specifications Approval Based Upon Certification. The FAA and the Sponsor agree that
the FAA's approval of the Sponsor's Plans and Specification is based primarily upon the Sponsor's
certification to carry out the project in accordance with policies, standards, and specifications
approved by the FAA. The Sponsor understands that:
a. The Sponsor's certification does not relieve the Sponsor of the requirement to obtain prior FAA
approval for modifications to published FAA airport development grant standards or to notify
the FAA of any limitations to competition within the project;
b. The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing
appropriate project documentation for the purpose of validating the certification statements;
and
If the FAA determines that the Sponsor has not complied with their certification statements, the
FAA will review the associated project costs to determine whether such costs are allowable
under this Grant and associated grants.
38. Pavement Maintenance Management Program. The Sponsor agrees that it will implement an
effective airport pavement maintenance management program as required by Airport Sponsor
Grant Assurance 11, Pavement Preventive Maintenance -Management, which is codified at 49 U.S.C.
§ 47105(e). The Sponsor agrees that it will use the program for the useful life of any pavement
constructed, reconstructed, rehabilitated, or repaired with Federal financial assistance at the
airport. The Sponsor further agrees that the program will:
a. Follow the current version of FAA Advisory Circular 150/5380-6, "Guidelines and
Procedures for Maintenance of Airport Pavements," for specific guidelines and
procedures for maintaining airport pavements, establishing an effective maintenance
program, specific types of distress and its probable cause, inspection guidelines, and
recommended methods of repair;
14
3-29-0013-022-2025
b. Detail the procedures to be followed to assure that proper pavement maintenance,
both preventive and repair, is performed;
c. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information
Retrieval, and Reference, meeting the following requirements:
1. Pavement Inventory. The following must be depicted in an appropriate form
and level of detail:
a. Location of all runways, taxiways, and aprons;
b. Dimensions;
c. Type of pavement; and,
d. Year of construction or most recent major reconstruction,
rehabilitation, or repair.
2. Inspection Schedule.
a. Detailed Inspection. A detailed inspection must be performed at least
once a year. If a history of recorded pavement deterioration is available,
i.e., Pavement Condition Index (PCI) survey as set forth in the current
version of Advisory Circular 150/5380-6, the frequency of inspections
may be extended to three years.
b. Drive -By Inspection. A drive-by inspection must be performed a
minimum of once per month to detect unexpected changes in the
pavement condition. For drive-by inspections, the date of Inspection
and any maintenance performed must be recorded.
3. Record Keeping. Complete information on the findings of all detailed inspections
and on the maintenance performed must be recorded and kept on file for a
minimum of five years. The type of distress, location, and remedial action,
scheduled or performed, must be documented. The minimum information is:
a. Inspection date;
b. Location;
c. Distress types; and
d. Maintenance scheduled or performed.
4. Information Retrieval System. The Sponsor must be able to retrieve the
information and records produced by the pavement survey to provide a report
to the FAA as may be required.
39. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in
effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the
Future Is Made in All of America by All of America's Workers.
1s
3-29-0013-022-2025
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, 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 Grant Assurances, terms, and conditions as provided herein. Such Grant
Agreement shall become effective upon the Sponsor's acceptance of this Offer.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.'
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Rodney N. Joel
(Typed Name)
Director, Central Region Airports
Division
(Title of FAA Official)
' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001
(False Statements) and could subject you to fines, imprisonment, or both.
16
3--29-0013-022-2025
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 Grant Assurances, terms, and conditions in this Offer and in the Project Application.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures In lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.'
'Dated
By:
Title:
City of Cape Girardeau
(Name of Sponsor)
(Signature of Sponsor's Authorized Official)
(Typed Name of Sponsor's Authorized Official)
(Title of Sponsor's Authorized Official
z Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001
(False Statements) and could subject you to fines, imprisonment, or both.
17
3-2.9-0013-022-2025
CERTIFICATE OF SPONSOR'S ATTORNEY
, 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,
who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper
and in accordance with the laws of the said State; the Infrastructure Investment and Jobs Act (P.L. 117-
58) of 2021; FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the
Project Application. 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.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.'
Dated at
By:
(Signature of Sponsor's Attorney)
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 Grant Assurances, terms, and conditions in this Offer and in the Project Application.
'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001
(False Statements) and could subject you to fines, imprisonment, or both.
18
ASSURANCES
AIRPORTSPONSORS
A. General.
3-29-0013-022-2025
1. These assurances shall be complied within the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public -use
airport; the term "private sponsor" means a private owner of a public -use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and
become part of this Grant Agreement.
B. Duration and Applicability.
1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency
Sponsor.
The terms, conditions, and assurances of this Grant Agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for an
airport development or noise compatibility program project, or throughout the useful life of
the project items installed within a facility under a noise compatibility program project, but in
any event not to exceed twenty (20) years from the date of acceptance of a grant offer of
Federal funds for the project. However, there shall be no limit on the duration of the
assurances regarding Exclusive Rights and Airport Revenue so long as the airport Is used as an
airport. There shall be no limit on the duration of the terms, conditions, and assurances with
respect to real property acquired with federal funds. Furthermore, the duration of the Civil
Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the useful life of
project items installed within a facility or the useful life of the facilities developed or equipment
acquired under an airport development or noise compatibility program project shall be no less
than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25,
30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and
assurances of this Grant Agreement shall remain in full force and effect during the life of the
project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and
Airport Revenue so long as the airport is used as an airport.
19
3-29-0013-022-2025
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
The Sponsor will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds
for this Grant. Performance under this agreement shall be governed by and in compliance with the
following requirements, as applicable, to the type of organization of the Sponsor and any applicable
sub -recipients. The applicable provisions to this agreement include, but are not limited to, the
following:
FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
b. Davis -Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.'
c. Federal Fair Labor Standards Act -29 U.S.C. § 201, et seq.
d. Hatch Act — 5 U.S.C. § 1501, et seq.z
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42
U.S.C. 4601, et seq.', z
f. National Historic Preservation Act of 1966—Section 106-54 U.S.C. § 306108.'
g. Archeological and Historic Preservation Act of 1974-54 U.S.C. § 312501, et seq.'
h. Native Americans Grave Repatriation Act -25 U.S.C. § 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended —42 U.S.C. § 7401, et seq.
j. Coastal Zone Management Act, P.L. 92-583, as amended —16 U.S.C. § 1451, et seq.
k. Flood Disaster Protection Act of 1973 — Section 102(a) - 42 U.S.C. § 4012a.'
I. 49 U.S.C. § 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973-29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) (prohibits discrimination on the
basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975-42 U.S.C. § 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968, as amended -42 U.S.C. § 4151, et seq.'
s. Powerplant and Industrial Fuel Use Act of 1978—Section 403 —42 U.S.C. § 8373.'
t. Contract Work Hours and Safety Standards Act -40 U.S.C. § 3701, et seq.'
u. Copeland Anti -kickback Act —18 U.S.C. § 874.'
v. National Environmental Policy Act of 1969-42 U.S.C. § 4321, et seq.'
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended —16 U.S.C. § 1271, et seq.
20
3-29-0013 022-2025
x. Single Audit Act of 1984 — 31 U.S.C. § 7501, et seq.'
y. Drug -Free Workplace Act of 1988-41 U.S.C. §§ 8101 through 8105.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as
amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
bb. Infrastructure Investment and Jobs Act, P.L. 117-58, Title VIII.
cc. Build America, Buy America Act, P.L. 117-58, Title IX.
dd. Endangered Species Act -16 U.S.C. 1531, et seq.
ee. Title IX of the Education Amendments of 1972, as amended — 20 U.S.C. 1681-1683 and 1685-
1687.
ff. Drug Abuse Office and Treatment Act of 1972, as amended — 21 U.S.C. 1101, et seq.
gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91-
616, as amended —42 U.S.C. § 4541, et seq.
hh. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions —31
U.S.C. § 1352.
EXECUTIVE ORDERS
a. Executive Order 11990— Protection of Wetlands
b. Executive Order 11988—Floodplain Management
c. Executive Order 12372 — Intergovernmental Review of Federal Programs
d. Executive Order 12699 —Seismic Safety of Federal and Federally Assisted New Building
Construction'
e. Executive Order 14005 — Ensuring the Future is Made in all of America by All of America's
Workers
f. Executive Order 14149 — Restoring Freedom of Speech and Ending Federal Censorship
g. Executive Order 14151— Ending Radical and Wasteful Government DEI Programs and
Preferencing
h. Executive Order 14154— Unleashing American Energy
I. Executive Order 14168 — Defending Women from Gender Ideology Extremism and Restoring
Biological Truth to the Federal Government
j. Executive Order 14173 — Ending Illegal Discrimination and Restoring Merit -Based Opportunity
FEDERAL REGULATIONS
a. 2 CFR Part 180—OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200 and 1201— Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. 1,4, s
c. 2 CFR Part 1200— Nonprocurement Suspension and Debarment.
21
3-29-0013-022-2025
d. 14 CFR Part 13—Investigative and Enforcement Procedures.
e. 14 CFR Part 16— Rules of Practice for Federally -Assisted Airport Enforcement Proceedings.
f. 14 CFR Part 150—Airport Noise Compatibility Planning.
g. 28 CFR Part 35 — Nondiscrimination on the Basis of Disability in State and Local Government
Services.
h. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
i. 29 CFR Part 1— Procedures for Predetermination of Wage Rates.'
j. 29 CFR Part 3 —Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States.'
k. 29 CFR Part 5 — Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act).'
1. 41 CFR Part 60—Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally -assisted contracting requirements).'
m. 49 CFR Part 20—New Restrictions on Lobbying.
n. 49 CFR Part 21— Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964.
o. 49 CFR Part 23 — Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24— Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally -Assisted Programs.', z
q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
r. 49 CFR Part 27 — Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance.'
s. 49 CFR Part 28— Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department of Transportation.
t. 49 CFR Part 30— Denial of Public Works Contracts to Suppliers of Goods and Services of
Countries That Deny Procurement Market Access to U.S. Contractors.
u. 49 CFR Part 32— Governmentwide Requirements for Drug -Free Workplace (Financial
Assistance).
v. 49 CFR Part 37 —Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 38 —Americans with Disabilities Act (ADA) Accessibility Specifications for
Transportation Vehicles.
x. 49 CFR Part 41—Seismic Safety.
FOOTNOTES TO ASSURANCE (C)(1)
' These laws do not apply to airport planning sponsors.
22
3-29-0013-022-2025
1 These laws do not apply to private sponsors.
a 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal
assistance. Any requirement levied upon State and Local Governments by this regulation shall
apply where applicable to private sponsors receiving Federal assistance under Title 49, United
States Code.
4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
5 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits.
SPECIFIC AssURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or
circulars are incorporated by reference in this Grant Agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed project;
that a resolution, motion or similar action has been duly adopted or passed as an official act of
the applicant's governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act In connection with the
application and to provide such additional information as may be required.
b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed project
and comply with all terms, conditions, and assurances of this Grant Agreement. It shall
designate an official representative and shall in writing direct and authorize that person to file
this application, including all understandings and assurances contained therein; to act in
connection with this application; and to provide such additional information as may be
required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the
United States. It has sufficient funds available to assure operation and maintenance of items funded
under this Grant Agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to
the landing area of the airport or site thereof, or will give assurance satisfactory to the
Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion of the property upon which Federal
funds will be expended or will give assurance to the Secretary that good title will be obtained.
S. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in this Grant
23
3-29-0013-022-2025
Agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere
with such performance by the sponsor. This shall be done in a manner acceptable to the
Secretary.
b. Subject to 49 U.S.C. 47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise transfer
or dispose of any part of its title or other interests in the property shown on Exhibit A to this
application or, for a noise compatibility program project, that portion of the property upon
which Federal funds have been expended, for the duration of the terms, conditions, and
assurances in this Grant Agreement without approval by the Secretary. If the transferee is
found by the Secretary to be eligible under Title 49, United States Code, to assume the
obligations of this Grant Agreement and to have the power, authority, and financial resources
to carry out all such obligations, the sponsor shall insert in the contract or document
transferring or disposing of the sponsor's interest, and make binding upon the transferee all of
the terms, conditions, and assurances contained in this Grant Agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor, it
will enter into an agreement with that government. Except as otherwise specified by the
Secretary, that agreement shall obligate that government to the same terms, conditions, and
assurances that would be applicable to it if it applied directly to the FAA for a grant to
undertake the noise compatibility program project. That agreement and changes thereto must
be satisfactory to the Secretary. It will take steps to enforce this agreement against the local
government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will
enter into an agreement with the owner of that property which includes provisions specified by
the Secretary. It will take steps to enforce this agreement against the property owner
whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that
the airport will continue to function as a public -use airport in accordance with these assurances
for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to ensure that the airport will be operated and maintained in
accordance with Title 49, United States Code, the regulations and the terms, conditions and
assurances in this Grant Agreement and shall ensure that such arrangement also requires
compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that
results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any location on airport. Sponsors
of general aviation airports entering into any arrangement that results in permission for the
owner of residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
24
3-29-0013-022-2025
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the State in which the project is located to
plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be
located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which
project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway extension, it
has afforded the opportunity for public hearings for the purpose of considering the economic,
social, and environmental effects of the airport or runway location and its consistency with goals
and objectives of such planning as has been carried out by the community and it shall, when
requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the
communities where the project is located or has advised the communities that they have the right
to petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a
medium or large hub airport, the sponsor has made available to and has provided upon request to
the metropolitan planning organization in the area in which the airport is located, if any, a copy of
the proposed amendment to the airport layout plan to depict the project and a copy of any airport
master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance -Management.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it has implemented an effective airport
pavement maintenance -management program, and it assures that it will use such program for the
useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance
at the airport. It will provide such reports on pavement condition and pavement management
programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it
has, on the date of submittal of the project grant application, all the safety equipment required for
certification of such airport under 49 U.S.C. 44706, and all the security equipment required by rule
or regulation, and has provided for access to the passenger enplaning and deplaning area of such
airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
P41
3-29-0013-022-2025
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by
the recipient of the proceeds of this Grant, the total cost of the project in connection with
which this Grant is given or used, and the amount or nature of that portion of the cost of the
project supplied by other sources, and such other financial records pertinent to the project. The
accounts and records shall be kept in accordance with an accounting system that will facilitate
an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or
any of their duly authorized representatives, for the purpose of audit and examination, any
books, documents, papers, and records of the recipient that are pertinent to this Grant. The
Secretary may require that an appropriate audit be conducted by a recipient. In any case in
which an independent audit is made of the accounts of a sponsor relating to the disposition of
the proceeds of a grant or relating to the project in connection with which this Grant was given
or used, it shall file a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year for which the audit was
made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant
Agreement which involve labor, provisions establishing minimum rates of wages, to be
predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public
Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such
minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for
the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this Grant Agreement which
Involve labor, such provisions as are necessaryxo insure that, in the employment of labor (except in
executive, administrative, and supervisory positions), preference shall be given to Vietnam era
veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. 47112.
However, this preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this Grant
Agreement, and, upon approval of the Secretary,.shall be incorporated into this Grant Agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to
approval of the Secretary and incorporated into this Grant Agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the
project to assure that the work conforms to the plans, specifications, and schedules approved by
the Secretary forthe project. It shall subject the construction work on any project contained in an
approved project application to inspection and approval by the Secretary and such work shall be in
26
3-29-0013-022-2025
accordance with regulations and procedures prescribed by the Secretary. Such regulations and
procedures shall require such cost and progress reporting by the sponsor or sponsors of such
project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the
project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning
project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a
notice that the material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public and agrees that no material
prepared with funds under this project shall be subject to copyright in the United States or any
other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise
use any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific
consultants and their subcontractors to do all or any part of this project as well as the right to
disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all
or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply
any assurance or commitment on the part of the Secretary to approve any pending or future
application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,
other than facilities owned or controlled by the United States, shall be operated at all times in a
safe and serviceable condition and in accordance with the minimum standards as may be
required or prescribed by applicable Federal, state, and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere with
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non -aeronautical purposes must first be approved by the
Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing
contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood, or other climatic conditions
27
3-29-0013-022-2025
interfere with such operation and maintenance. Further, nothing herein shall be construed
as requiring the maintenance, repair, restoration, or replacement of any structure or
facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes) will
be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it will not cause or permit
any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the
airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to:
1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed -based operators making the same or
similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based
operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air
carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules,
regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly
and substantially related to providing air transportation as are applicable to all such air carriers
28
3-29-0013-022-2025
which make similar use of such airport and utilize similar facilities, subject to reasonable
classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport
provided an air carrier assumes obligations substantially similar to those already imposed on air
carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or
corporation operating aircraft on the airport from performing any services on its own aircraft
with its own employees (including, but not limited to maintenance, repair, and fueling) that it
may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this
assurance, the services involved will be provided on the same conditions as would apply to the
furnishing of such services by commercial aeronautical service providers authorized by the
sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be
met by all users of the airport as may be necessary forthe safe and efficient operation of the
airport.
L The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport
if such action is necessary for the safe operation of the airport or necessary to serve the civil
aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services to the public. For purposes of this paragraph, the providing of the
services at an airport by a single fixed -based operator shall not be construed as an exclusive right if
both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based
operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed -based
operator and such airport. It further agrees that it will not, either directly or indirectly, grant or
permit any person, firm, or corporation, the exclusive right at the airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental
and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure forthe facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport, taking into account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise compatibility project for
29
3-29--0013-022..2025
which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act
of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be
included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after
December 30, 1987, will be expended by it for the capital or operating costs of the airport; the
local airport system; or other local facilities which are owned or operated by the owner or
operator of the airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the
owner or operator of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the airport, to
support not only the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all revenues generated by
the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
2. If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor's acquisition of land, this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
the sale. This is conditioned on repayment to the Secretary by the private owner of an
amount equal to the remaining unamortized portion (amortized over a 20 -year period) of
any airport improvement grant made to the private owner for any purpose other than land
acquisition on or after October 1, 1996, plus an amount equal to the federal share of the
current fair market value of any land acquired with an airport improvement grant made to
that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at 49 U.S.C. 47102), if the FAA
determines the airport sponsor meets the requirements set forth in Section 813 of Public
Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct
that the audit will review, and the resulting audit report will provide an opinion concerning, the
use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or
transferred to the owner or operator are paid or transferred in a manner consistent with Title
49, United States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of 49 U.S.C. 47107.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary
may reasonably request and make such reports available to the public; make available to the
CEE
3-29-0013-022-2025
public at reasonable times and places a report of the airport budget in a format prescribed by
the Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations and
other instruments, available for inspection by any duly authorized agent of the Secretary upon
reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of this Grant Agreement
including deeds, leases, agreements, regulations, and other instruments, available for
inspection by any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available
to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
2. all services and property provided by the airport to other units of government and the
amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance
and all those usable for landing and takeoff of aircraft to the United States for use by Government
aircraft in common with other aircraft at all times without charge, except, if the use by Government
aircraft is substantial, charge may be made for a reasonable share, proportional to such use, forthe
cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,
or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to exist when operations of such aircraft are in excess of
those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas
by other authorized aircraft, or during any calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent
thereto; or
b. The total number of movements (counting each landing as a movement) of Government
aircraft is 300 or more, orthe gross accumulative weight of Government aircraft using the
airport (the total movement of Government aircraft multiplied by gross weights of such
aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic
control or air navigation activities, or weather -reporting and communication activities related to air
traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or
desirable for construction, operation, and maintenance at Federal expense of space or facilities for
such purposes. Such areas or any portion thereof will be made available as provided herein within
four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. The airport owner or operator will maintain a current airport layout plan of the airport
showing:
31
3-29-0013,022-2025
1. boundaries of the airport and all proposed additions thereto, together with the boundaries
of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such
as runways, taxiways, aprons, terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non -aviation areas and of all existing
improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport's property
boundary.
b. Subject to subsection 49 U.S.C. 47107(x), the Secretary will review and approve or disapprove
the plan and any revision or modification of the plan before the plan, revision, or modification
takes effect.
c. The owner or operator will not make or allow any alteration in the airport or any of its facilities
unless the alteration -
1. is outside the scope of the Secretary's review and approval authority as set forth in
subsection (x); or
2. complies with the portions of the plan approved by the Secretary.
d. When the airport owner or operator makes a change or alteration in the airport or the
facilities which the Secretary determines adversely affects the safety, utility, or efficiency of
any federally owned, leased, or funded property on or off the airport and which is not in
conformity with the airport layout plan as approved by the Secretary, the owner or operator
will, if requested, by the Secretary:
1. eliminate such adverse effect in a manner approved by the Secretary; or
2. bear all costs of relocating such property or Its replacement to a site acceptable to the
Secretary and of restoring the property or its replacement to the level of safety, utility,
efficiency, and cost of operation that existed before the alteration was made, except in
the case of a relocation or replacement of an existing airport facility due to a change in the
Secretary's design standards beyond the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on
the grounds of race, color, and national origin (including limited English proficiency) in accordance
with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4); creed and
sex per 49 U.S.C. 47123 and related requirements; age per the Age Discrimination Act of 1975 and
related requirements; or disability per the Americans with Disabilities Act of 1990 and related
requirements, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in any program and activity conducted with, or benefiting from, funds
received from this Grant.
a. Using the definitions of activity, facility, and program as found and defined in 49 CFR 21.23(b)
and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all
programs in compliance with all non-discrimination requirements imposed by or pursuant to
these assurances.
32
3-29-0013-022-2025
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other federal assistance)
for any of the sponsor's program or activities, these requirements extend to all of the
sponsor's programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct,
expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance
extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in
the form of, or for the acquisition of real property or an interest in real property, the
assurance will extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the program, except where the Federal financial assistance is
to provide, or is in the form of, personal property, or real property, or interest therein, or
structures or improvements thereon, in which case the assurance obligates the sponsor, or any
transferee forthe longer of the following periods:
1. So long as the airport is used as an airport, orfor another purpose involving the provision
of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language. It will include the following notification in all solicitations for
bids, Requests For Proposals for work, or material under this Grant Agreement and in all
proposals for agreements, including airport concessions, regardless of funding source:
"The (Cape Girardeau Regional Airport), in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all
bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant
to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in
response to this invitation and no businesses will be discriminated against on the grounds of
race, color, national origin (including limited English proficiency), creed, sex, age, or disability
in consideration for an award."
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and
regulations relative to non-discrimination in Federally -assisted programs of the
Department of Transportation (DOT), and incorporating the acts and regulations into the
contracts by reference in every contract or agreement subject to the non-discrimination in
Federally -assisted programs of the DOT acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that is
subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of
race, color, national origin (including limited English proficiency), creed, sex, age, or
33
3-29-0013-022-2025
disability as a covenant running with the land, in any future deeds, leases, license, permits,
or similar instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees,
contractors, subcontractors, consultants, transferees, successors in interest, and other
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts, the regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land
serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of
such disposition which is proportionate to the United States' share of acquisition of such land
will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2)
transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give
preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C.
47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair market value
and consistent with noise buffering purposes, the lease will not be considered a disposal of the
land. Revenues derived from such a lease may be used for an approved airport development
project that would otherwise be eligible for grant funding or any permitted use of airport
revenue.
b. For land purchased under a grant for airport development purposes (other than noise
compatibility), it will, when the land is no longer needed for airport purposes, dispose of such
land at fair market value or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land. That portion of the proceeds of
such disposition which is proportionate to the United States' share of the cost of acquisition of
such land will, upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order:
34
3-29-0013-022-2025
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C.
47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
S. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be
needed for aeronautical purposes (including runway protection zones) or serve as noise buffer
land, and (2) the revenue from interim uses of such land contributes to the financial
self-sufficiency of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be needed for airport
purposes if the Secretary or Federal agency making such grant before December 31, 1987, was
notified by the operator or owner of the uses of such land, did not object to such use, and the
land continues to be used for that purpose, such use having commenced no later than
December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of
any interest or right therein necessary to ensure that such land will only be used for purposes
which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title
49 U.S.C., it will award each contract, or sub -contract for program management, construction
management, planning studies, feasibility studies, architectural services, preliminary engineering,
design, engineering, surveying, mapping or related services in the same manner as a contract for
architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an
equivalent qualifications -based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses any
product or service of a foreign country during the period in which such foreign country is listed by
the United States Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance
with policies, standards, and specifications approved by the Secretary including, but not limited to,
current FAA Advisory Circulars (https://www.faa.gov/sites/faa.gov/`files/aip-pfc-checklist 0 pdf) for
AIP projects as of July 10, 2025.
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law,
by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B.
3-29-0013-022-2025
b. It will provide a relocation assistance program offering the services described in Subpart C of 49
CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as
required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time priorto displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or
other modes of transportation to have access to the airport; however, it has no obligation to fund
special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award
and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and
performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor
shall not discriminate on the basis of race, color, national origin or sex in the administration of its
Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business
Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take
all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's
DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are
incorporated by reference in this agreement. Implementation of these programs is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, referthe matter for
enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31
U.S.C. §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or
operator will grant to the aircraft owner for the hangar a long term lease that is subject to such
terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C.
§ 47102) has been unable to accommodate one or more requests by an air carrierfor access to
gates or other facilities at that airport in order to allow the air carrier to provide service to the
airport or to expand service at the airport, the airport owner or operator shall transmit a report
to the Secretary that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and
3. Provides a time frame within which, if any, the airport will be able to accommodate the
requests.
36
3-29-0013-022-2025
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been
unable to accommodate the request(s) in the six-month period prior to the applicable due
date.
40. Access to Leaded Aviation Gasoline
a. If 100 -octane low lead aviation gasoline (100LL) was made available at an airport, at any time
during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of,
or self -fueling with 100 -octane low lead aviation gasoline.
b. This requirement remains until the earlier of December 31, 2030, or the date on which the
airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that
has been authorized for use by the FAA as a replacement for 100 -octane low lead aviation
gasoline for use in nearly all piston -engine aircraft and engine models; and meets either an
industry consensus standard or other standard that facilitates the safe use, production, and
distribution of such unleaded aviation gasoline, as determined appropriate by the FAA.
c. An airport owner or operator understands and agrees, that any violation of this grant assurance
is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8).
37
Alexander S. McElroy, MPA -
Staff: SEMP O Executive Director &
City Grant Coordinator
Agenda: August 4, 2025
SUBJECT
A Resolution adopting the 2025 - 2029 Community Development Block Grant (CDBG) Consolidated
Plan.
EXECUTIVE SUMMARY
The City of Cape Girardeau's Consolidated Plan outlines a five-year strategy for investing Community
Development Block Grant (CDBG) funds to meet the housing and community development needs of
low- and moderate -income residents. The Plan is grounded in public input, data analysis, and
coordination with local and regional partners, including nonprofit organizations, housing authorities, and
the Missouri Balance of State Continuum of Care.
For Program Year 2025, the City anticipates receiving $326,728 in CDBG funding, with an estimated
$1.63 million over the five-year planning period. These resources will be strategically allocated to preserve
and expand the City's affordable housing stock, assist low-income households with homebuyer support,
and acquire property for future housing development. Additional efforts will focus on addressing lead-
based paint hazards, and removing barriers to affordable housing through targeted planning and policy
review.
Priority goals include the rehabilitation of substandard housing, provision of homebuyer assistance,
property acquisition, public infrastructure improvements, and strengthening collaboration with agencies
that provide supportive services. The Consolidated Plan ensures that federal funds are used efficiently
and equitably to improve housing access, stabilize neighborhoods, and enhance the quality of life for
Cape Girardeau's most vulnerable residents.
BACKGROUND/DISCUS SION
The Consolidated Plan is a federally required planning document submitted to the U.S. Department of
Housing and Urban Development (HUD) that outlines the City of Cape Girardeau's strategy for using
Community Development Block Grant (CDBG) funds over a five-year period. The purpose of the
Consolidated Plan is to identify the City's most pressing housing and community development needs and
to establish goals and priorities for addressing those needs through eligible activities and targeted
investments.
The Consolidated Plan was developed in compliance with HUD regulations (24 CFR Part 91) and
reflects extensive consultation with local stakeholders, analysis of housing and demographic data, and
input gathered through the citizen participation process. The proposed plan is available online at
www.cityofcape.org/cdbg.
The Plan prioritizes the preservation and expansion of affordable housing, assistance to low- and
moderate -income homebuyers, rehabilitation of aging housing stock, property acquisition for future
development, and public infrastructure improvements. It also includes strategies to overcome barriers to
affordable housing and improve coordination among housing and service agencies.
City Council adoption is required prior to the submission of the Consolidated Plan to HUD. Once
adopted, the Plan will guide the City's CDBG-funded activities beginning in Program Year 2025 and
serve as the foundation for the Annual Action Plans submitted each subsequent year.
FINANCIAL IMPACT
The City of Cape Girardeau is expected to receive an annual allocation of $326,728 in Community
Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban
Development (HUD) beginning in Program Year 2025. Over the five-year span of the Consolidated Plan
(2025-2029), the City anticipates a total of approximately $1,633,640 in CDBG funding, subject to
annual federal appropriations.
These funds are provided at no direct cost to the City and do not require a local match. CDBG funds
will be used to support eligible activities including housing rehabilitation, property acquisition for
affordable housing, homebuyer assistance, and program administration. All expenditures must meet HUD
national objectives and be aligned with the goals identified in the Consolidated Plan.
There is no negative fiscal impact to the City's General Fund. Administrative costs associated with
managing the program are covered by the 20% administrative cap allowed under CDBG regulations.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
The City of Cape Girardeau's CDBG Consolidated Plan supports long-term community sustainability
by investing in affordable housing, neighborhood revitalization, and supportive services for low- and
moderate -income residents. These efforts stimulate local economic activity, promote environmental
efficiency through rehabilitation of existing housing, and advance social equity by addressing the needs of
underserved populations. Collectively, the Plan's activities contribute to a more resilient, inclusive, and
sustainable community.
STAFF RECOMMENDATION
Staff recommends adoption of the 2025 - 2029 Community Development Block Grant (CDBG)
Consolidated Plan.
BOARD OR COMMISSION RECOMMENDATION
PUBLIC OUTREACH
The City of Cape Girardeau actively engaged the public in the development of its Consolidated Plan
through a variety of outreach methods, including stakeholder meetings, community surveys, public
hearings, newspaper advertisements, social media campaigns, and website postings. A stakeholder survey
and follow-up in-person discussion focused on the City's housing and community development needs
were conducted on December 12, 2024, and January 23, 2025, respectively. To broaden community
input, a citywide survey was launched on March 6, 2025, and promoted through the City's website,
social media platforms, local newspaper articles, and flyers included with utility bills. Physical copies of
the survey were also made available at City Hall, the Public Library, Shawnee Sports Complex, and
Osage Centre. The survey was closed on April 21, 2025 with 190 community member responses.
Additionally, a public hearing was announced through a legal notice published in the Southeast
Missourian on March 22, 2025, informing residents of the opportunity to participate in the planning
process. The hearing was held on April 7, 2025, where attendees received a brief presentation on the
Community Development Block Grant (CDBG) program and eligible activities, followed by an
opportunity to provide public input on the City's housing and community development priorities.
ATTACHMENTS:
File Name Description
D 25-87 CDBGConsolidated Plan.docx Resolution
BILL NO. 25-87
RESOLUTION NO.
A RESOLUTION ADOPTING THE 2025 - 2029
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
CONSOLIDATED PLAN, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Council of the City of Cape
Girardeau, Missouri hereby adopting the 2025 - 2029 Community
Development Block Grant (CDBG) Consolidated Plan, a copy of
which is attached hereto and is incorporated herein by
reference.
PASSED AND ADOPTED THIS DAY OF , 2025.
Stacy Kinder, Mayor
ATTEST:
Gayle L. Conrad, City Clerk
Staff: Bridgett Kielhofner, Assistant
Finance Director
Agenda: August 4, 2025
SUBJECT
Ordinance Setting Property Tax Rates for Fiscal Year Ending June 30, 2026.
EXECUTIVE SUMMARY
This item provides for consideration of an ordinance establishing the property tax rates for the City of
Cape Girardeau for the fiscal year ending June 30, 2026. A public hearing and ordinance are completed
each year in accordance with statutory requirements, established for setting the property tax rates for local
governments. The tax levy rates included in this ordinance represent the 2025 year's tax rates as
calculated pursuant to Article X Section 22 of the Missouri Constitution and Section 137.073 RSMo.
The rates per $100 assessed valuation are $.3056 for the General Fund, $.0573 for the Health Fund, and
$.7283 for the Downtown Special Business District.
BACKGROUND/DISCUS SION
On July 18, 2025 the County Clerk provided the notice of 2025 Aggregate Assessed Valuations. The City's
assessed values of real property increased $33,892,290 (5.5%) and the assessed values of personal property
increased $9,814,879 (5.8%) when compared to assessed valuations of the previous year. New construction
with assessed values of $9,910,060 accounted for (29.2%) of the assessed value growth of real property.
Before August 15, 2025 the Board of Equalization will finalize the revised assessed valuations and those
assessments will be used to fix the property tax rates. The rates, per state Statute must be established by
September 1. City Council will be asked to approve the ordinance establishing the rates during the August
18, 2025 council meeting.
FINANCIAL IMPACT
The budgeted real and personal property tax revenues are $2,344,420 for the Fiscal Year Ending June 30,
2026.
A home owner that owns a house worth $200,000 would pay $137.90 in real estate tax to the City.
Residents would pay $12.09 for each $10,000 of personal property that they own.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
STAFF RECOMMENDATION
In order to complete the fiscal requirements of the current budget year, it is recommended the City
Council approve the attached ordinance which would implement the tax rates for the current fiscal year.
BOARD OR COMMISSION RECOMMENDATION
PUBLIC OUTREACH
ATTACHMENTS:
File Name Description
D 25-88—TAX LEVY FY 2026.doc Ordinance
BILL NO. 25-88
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE LEVYING OF THE
ANNUAL CITY REVENUE TAX; PUBLIC HEALTH TAX;
SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE
FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE, 2026
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. There is hereby levied for the fiscal year ending
on the 30th day of June, 2026, a City revenue tax of Thirty-five
and Fifty-six One Hundredths Cents ($.3056) on the One Hundred
Dollars ($100.00) assessed valuation of all property within the
City limits made taxable by law for state and county purposes and
not by general law exempt from taxation for municipal purposes.
ARTICLE 2. There is hereby levied for the fiscal year ending
on the 30th day of June, 2026, a public health tax of Five and
Seventy-three One Hundredths Cents ($.0573) on the One Hundred
Dollars ($100.00) assessed valuation of all property within the
City limits made taxable by law for state and county purposes and
not by general law exempt from taxation for municipal purposes.
ARTICLE 3. There is hereby levied for Special Business
District No. 2 of Cape Girardeau, Missouri, for the fiscal year
ending on the 30th day of June, 2026, an ad valorem real estate tax
of Seventy-two and Eighty-three One Hundredths Cents ($.7283) on
the One Hundred Dollars ($100.00) assessed valuation of all real
estate within the Special Business District No. 2 of Cape
Girardeau, Missouri, not by general law exempt from taxation.
ARTICLE 4. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
ARTICLE 5. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF , 2025.
J
Staff: Jake Garrard, PE, City Engineer
Agenda: August 4, 2025
SUBJECT
An Ordinance accepting a Permanent Utility Easement along the South Sprigg Right of Way between Lot
3 and Lot 5 in the Smelterville Subdivision in the City of Cape Girardeau, Missouri.
EXECUTIVE SUMMARY
An Ordinance accepting a Permanent Utility Easement along the South Sprigg Right of Way between Lot
3 and Lot 5 in the Smelterville Subdivision to provide the City access to a sewer line and manhole for
maintenance and repair when needed.
BACKGROUND/DISCUS SION
Fire Chief Randy Morris was approached by Cape Girardeau Career and Technology Center (CTC)
with a request to purchase the fire training site grounds within the Smelterville Subdivision along South
Sprigg Street between La Cruz St and the Cape LaCroix Creek. CTC would be using said ground to
expand their Commercial Driver's License course and for miscellaneous needs. There is a signed
Memorandum of Understanding for the price and terms of the usage of the site between CTC and the
Fire Department allowing the Department the freedom to use the grounds as needed after the conveyance
of interest in the property is completed. There are several Lots within the City owned lands of this area
that are exempt from viable transfer of interest due to how they were acquired by the City via FEMA
Flood Buyout Grant Funds. There are a number of Lots that are viable to be sold that are not deed
restricted by Flood Buyout monies. The City is seeking to vacate interest in several parts of Rights Of
Way within the Smelterville subdivision area prior to the sale of real property so as to be included in the
available land to be sold. These lots along with the vacated rights of way, approximately 5 acres, would
be available to be transferred in a transaction with CTC as the Grantee and the City as the Grantor. Parts
of these rights of way are being retained to provide the City access to flood buyout properties as well as
existing City Infrastructure in the ground. The City is receiving donation of a permanent utility easement
to maintain access to said infrastructure along South Sprigg Street between Lot 3 and Lot 5 in the
Smelterville Subdivision in the City of Cape Girardeau, Missouri.
FINANCIAL IMPACT
The easement was donated. The property owners will pay for the cost of recording the new easement via
engineering fees.
SUSTAINABILITY ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
The easement is necessary to enable the City, its agents, servants and assigns, to use said property to
excavate, build, maintain, construct, operate, and repair Utility Infrastructure in, on, upon, under or
across said property, together with all the useful, necessary and proper adjuncts, appurtenances, and
appliances in connection therewith.
STAFF RECOMMENDATION
Staff recommends approval of the attached Ordinance accepting a Permanent Utility Easement from
Cape Girardeau School District No 63.
BOARD OR COMMISSION RECOMMENDATION
PUBLIC OUTREACH
ATTACHMENTS:
File Name Description
D 25-89_PUE_Cape_Public_Schools.doc Ordinance
D E)F-CUTED_Utility_Easement_S._Spdgg_Training_Site_(002).pdf Utility Easement S. Sprigg Training Site
BILL NO. 25-89
ORDINANCE NO.
AN ORDINANCE ACCEPTING A PERMANENT UTILITY
EASEMENT FOR PROPERTY LOCATED IN LOT 4,
BLOCK 1 OF SMELTERVILLE, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City of Cape Girardeau, Missouri, hereby
accepts, and agrees to accept, a Permanent Utility Easement from
Cape Girardeau School District No 63 for property located in Lot
4, Block 1 of Smelterville, in the City of Cape Girardeau,
Missouri, to wit:
All that part of Lot 4, Block 1 of Smelterville, a
subdivision recorded in Plat Book 2, at Page 42 in the
County Land Records, in the City and County of Cape
Girardeau, Missouri and further described as follows:
The west 10 foot of Lot 4, Block 1, being 33.4 ft long
along the Sprigg Street Right of Way by 10 feet deep
and containing 334 square feet more or less.
ARTICLE 2. This ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF , 2025.
ATTEST:
Stacy Kinder, Mayor
Gayle L. Conrad, City Clerk
UTILITY EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS: CAPE GIRARDEAU SCHOOL
DISTRICT NO 63, a public school district organized and existing under the laws of the
State of Missouri, for and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged, does by these presents,
Grant, Bargain, Sell and Convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a
Municipal Corporation organized and existing under the laws of the State of Missouri,
hereinafter referred to as the "City", a utility easement on, over and across the following
described property, which is solely owned by the undersigned and located in the City and County
of Cape Girardeau, State of Missouri, to wit:
All that part of Lot 4, Block 1 of Smelterville, a subdivision recorded in Plat Book
2, at Page 42 in the County Land Records, in the City and County of Cape
Girardeau, Missouri and further described as follows:
The west 10 foot of Lot 4, Block 1, being 33.4 ft long along the Sprigg Street
Right of Way by 10 feet deep and containing 334 square feet more or less.
Said right, privilege, permission and authority to enter in and upon said property above
described is granted for the purpose of enabling the City, its agents, servants, and assigns to use
said property to excavate, build, and construct certain improvements, in, on, upon, or across said
described property, together with all the useful, necessary and proper adjuncts, appurtenances,
and appliances in connection therewith, as shown on the plans and specifications on file in the
Office of the City Engineer. This easement and the right, privilege, permission and authority
herein granted are perpetual and shall run with the land.
Signatures on following page
This area left intentional blank.
The undersigned covenants that it is the owner in fee simple of the above-described
property and has the legal right to convey the same.
IN WITNESS WHEREOF, the undersigned has executed this easement on this .20 day
of JVD A,r Gh 20 AS
CAPE GIRARDEAU SCHOOL DISTRICT NO 63
Signature
&V/u4 [32ngdY-1 SuAer� .iPyl �7r
Printed Name and Title
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
On this 2-D day of M GLyt('1 202-5, before me personally appeared
12_C
HeviaRe-n\10 i of CAPE GIRARDEAU SCHOOL
DISTRICT NO 63, a public school district organized and existing under the laws of the State of
Missouri, known by me to be the person described in and who executed the foregoing
instrument, and acknowledged that he/she executed the same as the free act and deed of said
Cape Girardeau School District No. 63 for the purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in the aforesaid State and County, the date first above written.
KRISTY L. MEHNER
Notary Public, Notary Seal
State of Missouri
Cape Girardeau County
Commission # 14480610
M My Commission Expires 11-2A•2026
Y
I 1-z4--zo2(o
K2i�v��P L. Mehrie-P
(Typed Name of Notary Public)
Legal Description - Utility Easement in Smelterville
1-10-2025
All that part of Lot 4, Block 1 of Smelterville, a subdivision recorded in Plat Book 2, at Page 42 in the
County Land Records, in the City and County of Cape Girardeau, Missouri and further described as
follows:
The west 10 foot of Lot 4, Block 1, being 33.4 ft long along the Sprigg Street Right of Way by 10 feet
deep and containing 334 square feet more or less.
we
CfCAPE
ITYO
OIRARDEAU
Utility Easement
in Lot 4, BLK 1, Smelterville
La Cruz St
Lot,f
Lot 2
M,'f
Lot 3
�aod a
33.4 ft Lot 4
long
10 ft Lot 5 '` s
wide
i' Lot 6
Smel terviil@
PB 2 PG 42,>
Easement
X Property being Sold by City LEGEND
(Lots & Vacated ROW)
Lot Lines N 0 25 50 Feet 1:464
• Sanitary Structures w E Date: 1/10/2025 �.ITY i,,Irapr r iNARnra
Layers p— Bled by N e City oC Cape
Created by: Developme M Services Girardeat m— --d for viiiA and only
Ter esa Heffner, Alliance Water Resources _1 are- t gaurant�d to be accvrs te.
S Data Son—S): Tteselayas ae-ttob--dfw any
— Sanitary Sewer Lines Cdyof Cape Girardeau Government, MO o e oordabnparp.—
CfCAPE
ITYO
OIRARDEAU
33.4 ft x
long
10 ft
wide
Utility Easement
in Lot 4, BLK 1, Smelterville
La Cruz St
Lot ,
�- .. _ ,
Lot 2
f
• IN
BLOCK 1
�Lot4f
-' Smelterville
Lot 5 ` f PB 2 PG 42
Lot 6
Easement
LEGEND
Property being Sold by City
IIX\ A
(Lots & Vacated ROW)
0 25
50 Feet
1:464
Lot Lines
Date: 1/10/2025
r.lrr,,Irapr rlcnenrui
W
Created b by: meM Services
Y op
Teresa Heffner, Alliance
even piled by NeCiiy,f Cape
Giardea : o beise' for'i", and oNy
Water Resources mtd ea no i ge mani-d lobe accvraie.
S
Data Sooree(s):
Citycf Cape Girardeau Government,
Treselayas ae not io beused for any
MO o e oord a b npurpo .
Gayle L. Conrad, MPCC/CMC,
Staff: Director of Citizen Services/City
C lerk
Agenda: August 4, 2025
SUBJECT
Appointment of one member to the Downtown Cape Girardeau Community Improvement District Board
of Directors for a term expiring May 16, 2028.
EXECUTIVE SUMMARY
Ms. Laurie Everett Ray resigned her position on the Downtown Cape Girardeau CID Board of
Directors. She had been serving since November of 2018. A copy of the current roster of the board is
attached.
BACKGROUND/DISCUS SION
On May 5, 2014, the City Council adopted Ordinance No. 4574 establishing the Downtown Cape
Girardeau Community Improvement District and appointing seven members to the initial Board of
Directors for staggering terms. Pursuant to the governing documents of the Community Improvement
District, members of the Board of Directors of the District are appointed by the Mayor with the consent
of the City Council. Members serve four year terms.
Pursuant to the governing documents of the district and RSMo. Section 67.1451 of the CID Act, only
owners of real property within the district, or their legally authorized representatives, are eligible to be
appointed to the Board of Directors.
Ms. Mary Ann Kellerman, owner of property within the district, submitted the attached letter designating
DeWayne Schaaf as her authorized representative to serve on the Downtown CID. Ms. Liz Haynes has
communicated that the CID Board has discussed and feels that Mr. Schaaf would be an excellent
addition to the board and supports his appointment to the Downtown Community Improvement District
FINANCIAL IMPACT
SUSTAINABILITY ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
STAFF RECOMMENDATION
It is recommended that one appointment be made to the Downtown Community Improvement District
for a term expiring May 16, 2028.
BOARD OR COMMISSION RECOMMENDATION
The Board recommends the appointment of DeWayne Schaaf for a term expiring May 16, 2028.
PUBLIC OUTREACH
ATTACHMENTS:
File Name
D Downtown—CID Roster. pdf
D Mary_Ann_Kellerman authorized_ representati\e-
_CID board.2025-07-07.pdf
Description
Downtown CID Roster
Kellerman Designation
Downtown Cape Girardeau Community
Improvement District Board of Directors
6/16/2025
NAME APPOINTED TERM EXPIRES
Vacant 5/16/2028
Hutson, Dave 6/6/2022 5/16/2026
5/7/2018 5/16/2022
6/4/2014
Pridmore, Lindy 6/6/2022 5/16/2026
5/7/2018 5/16/2022
6/4/2014
Saverino, Nate 5/6/2024
5/16/2028
6/1/2020
5/16/2024
Schlitt, Lee 5/6/2024
5/16/2028
5/4/2020
5/16/2024
5/16/2016
6/4/2020
Thompson, Cathy 6/6/2022
5/16/2026
Zickfield, Kent 5/6/2024 5/16/2028
5/4/2020 5/16/2024
5/16/2016 6/4/2020
6/4/2014
DESCRIPTION: On May 5, 2014, The City Council adopted Ordinance No. 4574 establishing the Downtown
CID. Directors serve four year terms, appointed by Mayor with consent of Council. All directors must be
owners of real property or the legal authorized representative of an individual owning property within the
district. The Board is required to meet onetime per year. Commission administers downtown special
business district.
TERM LIMIT: 4 -Year Terms (No Term Limits)
STAFF LIAISON: Trevor Pulley, Assistant City Manager
July 7, 2025
City of Cape Girardeau Mayor and Council
44 N. Lorimier
Cape Girardeau, MO 63701
Dear Mayor Kinder,
Please accept this as an expression of my interest to designate DeWayne Schaaf, owner
of the business, Ebb & Flow Fermentations, which occupies my building at 11 S. Spanish St. as
my authorized representative to serve as a Director on the Downtown Cape Girardeau
Community Improvement District board. It has been a pleasure to witness and take part in all of
the downtown improvements over the years, and I am confident that DeWayne will be a positive
asset to the board.
If you would like any further materials or information from me for your consideration,
please do not hesitate to ask. Thank you.
Respectfully yours,
Mary Ann Kellerman
Gayle L. Conrad, MPCC/CMC,
Staff: Director of Citizen Services/City
C lerk
Agenda: August 4, 2025
SUBJECT
A motion authorizing the appointment of Courtney Davis as Deputy City Clerk.
EXECUTIVE SUMMARY
After a hiring selection process, Courtney Davis was offered and accepted the position of Deputy City
Clerk/Administrative Aide. As Deputy City Clerk, Courtney will perform many of the duties of the City
Clerk, and some of these duties require that the Deputy City Clerk be appointed by the City Council.
BACKGROUND/DISCUS SION
Gayle Conrad was appointed to the duties of City Clerk effective July 7, 1999. On October 28, 2013,
Gayle Conrad became the Director of Citizen Services and also retained the title and duties of City Clerk.
In order for her to perform her role as Director of Citizen Services, a Deputy City Clerk/Administrative
Aide was hired. Some of the duties of the Deputy City Clerk require that the position be appointed by
the City Council.
After a hiring selection process, Courtney Davis was offered and accepted the position of Deputy City
Clerk/Administrative Aide.
FINANCIAL IMPACT
SUSTAINABILITY ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
STAFF RECOMMENDATION
Staff recommends that the Council appoint Courtney Davis as Deputy City Clerk effective July 28, 2025.
BOARD OR COMMISSION RECOMMENDATION
PUBLIC OUTREACH
ATTACHMENTS:
File Name
No Attachments Available
Description