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HomeMy WebLinkAboutR-03-39RESOLUTION NO. R-03-39 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE A GRANT AGREEMENT WITH THE US DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION (FAA) TO REHABILITATE RUNWAY 9- 27 AND CONSTRUCT TAXlWAY "B"; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the U.S. Department of Transportation, Federal Aviation Administration (FAA) has agreed to provide funding to rehabilitate the pavement and construct a parallel taxiway; and WHEREAS, the City of Sebastian agrees to conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached "Exhibit A" of Agreement Project Number: 3-12-0145-004-2003. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember coni~Zio . The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Nate McCollum aye aye aye aye aye The Mayor thereupon declared this Resolution duly passed and adopted this 27thday of August , 2003. '° CITY OF SEBASTIAN, FLORIDA ATTEST: SallyA. Ma'~, CMC, Cft~:Cl~erk Walter W. Barnes, Mayor Approved as to form and Legality for the City of Sebastian Rich Stnnger, Cit, yS~tt~rney GRANT AGREEMENT U. $. Department of Transportation Federal Aviati~n Administratio# Date of Offer: August 14, 2003 Project Plumber: Recipient: Airport: 3-12-0145-004-2003 City of Sebastian (Herein celled Sponsor) Sebastian Municipal Airport OFFER THE FEDERAL AVIATIO~ ADMII~ISFRATIOI% FOR A~D 0~1 BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share, ninety percent(90%) cf the allowable casts incurred in accomplishing the project consisting of the following: "REHABILITATE RUNWAY 9/27; CONSTRUCT TAXIWAY "B''' as mere particularly described ia the Project Application dated July 16, 2003. The maximum obligation of tile United States payable nnder this Offer shall be ~ 1,107,000 for airport development. This offer is made in accordance with and for the purpose of carrying out the provisions Of Title 49, United States Code, herein called Title 49 U.S.C. Acceptance and execution of Offs offer shall comprise e Grant Agreement, as provided by Title 49 U.S.C., constituting the contractual obligations and rights of the United States and the Sponsor. /~A~ UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION ~A~ting Man~J~'r, Airports District Office SPECIAL CONDITION It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted based an estimates for Rehabilitation of Runway 9]27 arid Construction of Taxiway "B", and the parties hereby covenant and agree that within 90 days from the date of acceptance of this Grant Offer, the Sponsor shall receive bids for Reimhifitation of Runway 9/27 and Construction of Taxiway "B", contained within the grant description. ACCEPTANCE Tbe Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and in the document "Terms and Conditions of Accepting Airport Improvement Program Grants" dated September 1, 1999. Title Signature of Spo~or's Designated Official Representative City Manager Title CERTIFICATE OF SPONSOR'S ATTORNEY I, Rich Stringer , acting as Attorney for the Sponsor do hereby certify: That iu my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of State of Florida. 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 end Sponsor's official representative has been duly authorized and that the execution thereof is iii all respects due and proper and in accordance with the laws of the said State end Title 49 U.S.C. In addition, for grants involving projects to be carried out on property tort owned by tile Sponsor, there are un legal impediments that will prevent full performance by tile Sponsor. Further, it is my opi ion lhat the ~aid Grant Agreement c.on~titutes a legal end bin~no obligor on of the Spoesor in accordance with the terms thereof. S,gna.u,.ofS,o.so,'s Atter;ey "' S~A'i~ OF FLOR~DA COUNTY OF INDIAN RIVER COUI~I~, FL, was acknowledged before me this 28th day of August, 2003 by is personally known to me as identification and who did not