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Home My WebLink About870539.tiff RESOLUTION RE: ACCEPTANCE OF GRANT OFFER FOR AIRPORT IMPROVEMENT PROJECT - CONSTRUCTION OF RUNWAY 17/35 AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Board did as one of the "Sponsors" , by Resolution dated June 22 , 1987 , approve a grant application for construction of a crosswind runway, Runway 17/35 , and WHEREAS, the Board, the City of Greeley and the Greeley-Weld County Airport Authority as "Sponsors" have received a grant offer for Airport Improvement Project No. 3-08-0028-04 , concerning Runway 17/35 , at the Greeley-Weld County Airport, and WHEREAS, the grant offer is in the amount of $380 ,780 . 00 , with the terms and conditions being as stated in said grant offer, a copy of which is attached hereto and incorporated herein by reference , and WHEREAS, the Board has determined that it is in the best interest of the citizens of Weld County to accept the grant offer. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the grant offer for Airport Improvement Project No. 3-08-0028-04 , concerning Runway 17/35 , at the Greeley-Weld County Airport, be , and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said grant offer. 870539 Page 2 RE: ACCEPT GRANT - RUNWAY 17/35 The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 1st day of July, A.D. , 1987. n,,, BOARD OF COUNTY COMMISSIONERS ATTEST: '1 1 WELD C3% ,_COLD O U C� Weld County Clerk and RecorderOW �� and Clerk to the Board • '" �: Zac , airman BYE B2 1C ai C.W. Kirby, Pro, Tem D putt' County C erk EXCUSED APPROVED AS TO FORM: Gene R. Brantner I �Vpo u e ounty Attorney Frank Yamaguchi 870539 eDenver Airports District Office US Department 10435 East 25th Avenue of Transportation suite 301 Aurora, Colorado 80010 Federal Aviation (303) 340-5543 Administration JUN 2 6 1987 The Honorable Robert H. Markley Mayor, City of Greeley P.O. Box 727 Greeley, Colorado 80632 Mr. Gordon E. Lacy, Chairman Weld County Board of County Commissioners P.O. Box 727 Greeley, Colorado 80632 Mr. H. Richard Farr, Chairman Greeley-Weld County Airport Authority P.O. Box 727 Greeley, Colorado 80632 Gentlemen: Enclosed are six copies of a grant offer for Airport Improvement Project No. 3-08-0028-04 at the Greeley-Weld County Airport in which $380,780 of Federal funds have been obligated to accomplish the develop- ment described on page 1 of the grant offer. Please complete Part II (Acceptance) by having the authorized officials execute the last three pages of the grant offer. Certification by the attorneys should be completed following the acceptance and dated on or after the acceptance date. Your normal procedures for accepting documents such as this in accordance with local and state law should be followed, but evidence of such procedures is not required by the Federal Aviation Administration. After execution and certification ofethe grant agreement, please return three copies to this office. The other copies are for your records. Sincerely, (3J O O"-) Walter A. Barbo, Manager Denver Airports District ffice Enclosures 870539 U.S. Department of Transportation Grant Agreement Federal Aviation Administration Part 1 — Offer Date of Offer JUN 2 6 196? Greeley—Weld County Airport Project Number: 3—08-0028-04 Contract Number: DOT-FA87NM-1040 To: City of Greeley, County of Weld, Colorado, and Greeley—Weld County Airport Authority (herein called the "Sponsor") From: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") Whereas, the sponsor has submitted to the FAA a Project Application dated June 24, 1987, for a grant of Federal funds for a project at or associated with the Greeley—Weld County Airport which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and Whereas, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Construct Runway 17/35 (approx. 5,000' x 75'). all as more particularly described in the Project Application. F M 1 870539 Now therefore, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, herein called the "Act", and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, The Federal Aviation Administration, for and on behalf of the United States, hereby offers and agrees to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90.00 percent. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $380,780. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 612(b) of the Act, the following amounts are being specified for this purpose: $-0- for planning $-0- for land acquisition $380,780 for airport development or noise program implementation (other than land acquisition). 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Unless otherwise stated in this grant agreement, any program income earned by the sponsor during the grant period shall be deducted from the total allowable project costs prior to making the final determination of the United States share. Final determination of the United States share will be based on the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delay and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before August 31, 1987 or such subsequent date as may be prescribed in writing by the FAA. 2 870539 7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, -including funds recovered by settlement, order or judgement, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. Special Conditions 9. The sponsor shall provide for audit of this grant project to be made in accordance with Office of Management and Budget Circular A-128. 10. Approval of the project is conditioned on the sponsor's compliance with the applicable air and water quality standards in accomplishing project construction and in operating the airport. Failure to comply with this requirement may result in suspension, cancellation, or termination of Federal assistance under this agreement. • 870539 The sponsor's acceptance of 3 Offer and ratification and adoc n of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. United States of America Fed al Aviation Administration ad / Manager, Denver Airports istrict Office Part II — Acceptance The Sponsor does hereby ratify and adopt all assurances, statements,representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this day of , 19 CITY OF GREELEY, COLORADO (SEAL) By Sponsor's Designated Official Representative Attest: Title: Title: Certificate of Sponsor's Attorney I, , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Colorado. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and-proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of , 19 Signature of Sponsor's Attorney 870539 4 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties. covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer .and in the Project Application. Executed this / day of 19 17 CO NTY OF WE D, LORADO (SEAL) By z ponsotch Designa - . Official Representative Attest: ( Title/5 C li/i L� Title: Werd County CTerk`and Recorder �L��LACY L 7,O7Yy (47)1/nc -2/ { /1 ~� Certificate of Sponsor's Attorney Lrr ;�l fl/urr, son , 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 Colorado. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the.Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. C 7 Dated at cr'" r i'4-, this day of * /5,7 , 19 Sig ature of Sponsor's Attorney 5 870539 Part II — Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this day of , 19 COUNTY OF WE D� LORADO (SEAL) By ,�� Sponso Designs Official Representative Attest: Title: Title: Certificate of Sponsor's Attorney I, , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Colorado. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the.Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of , 19 Signaf'tire of Sponsor's Attorney 5 870539 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances,statements,representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this day of , 19 GREELEY—WELD COUNTY AIRPORT AUTHORITY (SEAL) By Sponsor's Designated Official Representative Attest: Title: Title: Certificate of Sponsor's Attorney I, , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Colorado. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the_Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of , 19 Signature of Sponsor's Attorney 6 870539 Hello