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HomeMy WebLinkAboutF258RXE Grant AgreementGRANT AGREEMENT IDAHO AIRPORT AID PROGRAM STATE FISCAL YEAR-25 TO: Rexburg, Idaho (Hereinafter referred to as the "SPONSOR") FROM: The State of Idaho, acting through the IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF AERONAUTICS (Hereinafter referred to as the "STATE") WHEREAS, the SPONSOR has submitted to the STATE an application for assistance from the Idaho Airport Aid Program for development of the Rexburg-Madison County Airport, together with the planning proposal or plans and specifications for the project. The STATE approved the application and it is hereby incorporated herein and made a part thereof: WHEREAS, the Idaho Transportation Board has approved a project for development of the airport consisting of the following described airport development: Project Description: Environmental Study to identify Sage Grouse Mitigation Site (SGMS) to off-set sage grouse habitat taken with new replacement airport FS Program Number: F258RXE Project Number: AIP-O24 NOW THEREFORE, for carrying out the provisions of the Uniform State Aeronautics Department Act; Title 21 of the Idaho Code, as amended, and in consideration of the SPONSOR acceptance of this offer, as hereinafter provided, the STATE hereby agrees to pay, as its share of the costs incurred in accomplishing the project, not more than . This Grant incorporates the following terms and conditions: 1.The STATE affirms that:A.The maximum obligation of the STATE payable under this Grant shall be $11,453.47.B.This grant expires on June 30, 2029 and the STATE shall have no further obligationafter that date.2.The SPONSOR shall:1.Certify the availability of at least $ 34,360.42 to match STATE participation in said project.2.The Airport Sponsor agrees to comply with the regulations relative to non-discriminationin State assisted programs of the Idaho Transportation Department.3.Diligently and expeditiously complete this project by June 30, 2029 and likewisepursue appropriate measures as may be agreed upon by the SPONSOR and the STATE toremedy project delays, including but not limited to litigation or condemnation. 4.Carry out and complete the project in accordance with the plans, specifications, andproperty map, incorporated herein, as they may be revised or modified, with approval ofthe STATE.5.Competitively bid all contracts for construction involved in this project in accordance withbidding procedures outlined in Idaho Statute Title 67, Chapter 28 of the Idaho Code andTitle 2 CFR part 200 and may provide solicitation documentation to the STATE.6.In connection with the acquisition of real property for the project, secure at least twowritten appraisals by licensed appraisers and not pay in excess of the highest appraisalwithout the written consent of the STATE or except as directed by a court of competentjurisdiction after a contested trial and a judgment not resulting from agreement betweenthe parties.7.No State funds will be paid to the SPONSOR in any case until it certifies in writing that ithas funds available and will spend at least the amount designated for this project in theGrant Agreement, solely for the project in question.8.The SPONSOR agrees to hold said airport open to the flying public for the useful life of thefacilities developed under this project.9.The SPONSOR shall grant no exclusive use or operating agreements, to any person,company, or corporation for the use of the airport by any person providing or intending toprovide aeronautical services to the public. Failure to abide by such agreement shallautomatically obligate the immediate and full return of all State of Idaho money expendedon behalf of the project to the State of Idaho.10.Agrees to fulfill the FAA assurances applicable to this project and follow the requirementsin 49 USC 471 Airport Development. (Only applies to FAA funded projects)11.Agrees to follow and include applicable FAA required contract terms to any associatedcontracts granted in association with this grant. (Only applies to FAA funded projects)12.Submit with this accepted Grant Agreement the full name of the local ProjectManager/Inspector along with full contact information including work phone number,cell phone number, fax number, email address, and postal mailing address. Also, includea job related contact that will know the whereabouts of and can contact the ProjectManager/Inspector quickly for Grant related matters.13.Use the provided “Project List and Submittals” form to monitor the project’s progress.The SPONSOR will submit the form when submittals are made, and provide thecompleted form, along with the reports, as part of the closeout documents.14.Such allocation agreement shall become effective upon the SPONSOR acceptance of thisoffer and shall remain in full force and effect throughout the useful life of the facilitiesdeveloped under the project but in any event not to exceed twenty (20) years from thedate of acceptance.15.Said offer and acceptance shall comprise allocation agreement, constituting the obligationand rights of the State of Idaho and the SPONSOR with respect to the accomplishment ofthe project and the operation and the maintenance of the airport. 16.SPONSOR must develop the airport in accordance with current design standards as setforth by the FAA for airport receiving FAA funding or by the Division of Aeronautics fornon-federally funded airports.17.SPONSOR cannot allow any activity or action on the airport that would interfere with itsuse for airport purposes.18.SPONSOR must allow all types, kinds, and classes of aeronautical activities use the airport.This includes such activities as parachute jumping and ultralight vehicles. One possiblereason for not allowing an aeronautical activity on the airport is if it cannot be conductedsafely. The final safety determination is the responsibility of the Idaho Division ofAeronautics. FAA funded airports shall abide by FAA guidance as depicted in the FAA grantassurance 22.19.SPONSOR must allow people to service their own aircraft according to all applicableFederal Aviation Regulations (FARs). IDAPA 39.04.0120.All revenue generated on the airport by the Sponsor will be used for airport purposes only.21.SPONSOR will have proof of ownership or lease of all land upon which any project isproposed in order to protect the investment of public funds.22.That any Exclusive Operating or Use Agreement in violation of Section I. above shallAutomatically Obligate the Immediate and full Return of all State of Idaho money expended on behalf of the Project to the State of Idaho.23.SPONSOR will have compatible land use and height zoning for the airport to preventincompatible land uses and the creation or establishment of structures or objects of natural growth, which would constitute hazards or obstructions to aircraft operating to, from, on,or in the vicinity of the subject airport. Idaho Statute 67-6508q24.SPONSOR will ensure hangars are used primarily for aeronautical purposes. Non-aeronautical items stored in the hangar will not interfere with aeronautical use of thehangar.25.SPONSOR will maintain a fee and rental structure for services and facilities at the airport,which will make the airport as self-sustaining as possible taking into, account such factorsas the volume of traffic and economy of collection. The Division of Aeronautics can provideassistance with establishing the structure base. The allowable costs of the project shall not include any costs determined by the STATE to be ineligible. The STATE reserves the right to amend or withdraw this offer at any time prior to its acceptance by the SPONSOR. No project cost reimbursements shall be issued and the STATE shall not be obligated to pay any part of the costs of the project unless the final agreement has been accepted by the SPONSOR as prescribed in writing by the STATE. Except for those projects receiving both State and Federal Aid (submit copies of FAA Application and Agreement), the following inspection schedule, and reporting system is required: 3.Inspection Schedule and Reporting System:Inspection Schedule and Reporting System will vary for each project. The SPONSOR must make reports and be subject to inspections on the following schedule: A.SPONSOR shall report project commencement date.B.SPONSOR shall receive approval prior to any change in the scope of the project.C.SPONSOR shall report project completion date and request final payment.D.STATE may participate in the final inspection and shall sign off the project ascompleted.E.STATE may arrange for audit of account in accordance with regularly scheduled auditprogram.The execution of this instrument by the SPONSOR and ratification and adoption of the project application incorporated herein provides proof of the Sponsors commitment, as hereinafter provided. Said offer and acceptance shall comprise allocation agreement, constituting the obligation and rights of the State of Idaho and the SPONSOR with respect to the accomplishment of the project and the operation and the maintenance of the airport. Such allocation agreement shall become effective upon the SPONSOR acceptance of this offer and shall remain in full force and effect throughout the useful life of the facilities developed under the project but in any event not to exceed twenty (20) years from the date of acceptance. STATE OF IDAHO, ITD Division of Aeronautics By:______________________________________ Thomas Mahoney, Administrator ACCEPTANCE THE SPONSOR DOES HEREBY RATIFY AND ADOPT ALL STATEMENTS, representations, warranties, covenants, and agreements contained in the project application and incorporated materials referred to in the foregoing offer and does hereby accept said offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this _______ day of _________________________, 2025. By: ________________________________________ Jerry Merrill, Mayor Rexburg, City Council ATTEST: Deborah Lovejoy, City Clerk I, Deborah Lovejoy, City Clerk do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. _________________________ adopted at a regular meeting of the City Council held on the _______ day of _________________________, 2025, and that the same is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and impressed the official seal of the City, this _______ day of _________________________, 2025. ________________________________________ Deborah Lovejoy, City Clerk City Resolution Exact from the minutes of a regular meeting of the City Council of Rexburg, Idaho Held on ___________________________________, 2025. Councilperson _______________________________________________, introduced the following Resolution, was read in full, considered, and adopted: Resolution number _________________________ of Rexburg, Idaho accepting the Grant Offer of the State of Idaho through the Idaho Transportation Department, Division of Aeronautics, in the maximum amount of $11,453.47 to be used under the Idaho Airport Aid Program, FS Program number: F258RXE, Project number: AIP-024 in the development of the Rexburg-Madison County Airport; and Be it resolved by the Mayor and City Council of Rexburg, Idaho (herein referred to as the City as follows: Sec. 1. That the City shall accept the Grant Offer of the State of Idaho in the amount of $11,453.47, for the purpose of obtaining State Aid under FS Program Number: L24SRXE, Project Number: AIP-024 in the development of the Rexburg-Madison County Airport; and Sec. 2. That the Mayor of the Rexburg City Council is hereby authorized and directed to sign the statement of Acceptance of said Grant Offer (entitled Acceptance) on behalf of the City, the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City on the aforesaid statement of Acceptance; and Sec. 3. A true copy of the Grant Agreement referred to herein be attached hereto and made a part thereof. Passed by the City Council and approved by the Mayor this _______ day of _________________________, 2025. _________________________________________ Jerry Merrill, Mayor ATTEST: Deborah Lovejoy, City Clerk CERTIFICATE I, Deborah Lovejoy, City Clerk do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. _________________________ adopted at a regular meeting of the City Council held on the _______ day of _________________________, 2025, and that the same is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and impressed the official seal of the City, this _______ day of _________________________, 2025. ________________________________________ Deborah Lovejoy, City Clerk