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TO: FROM: IDAHO TRANSPORTATION DEPARTMENT DIVISION OF AERONAUTICS GRANT AGREEMENT City of Moscow, Idaho (Hereinafter referred to as the "SPONSOR") 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 Moscow-Pullman Airport, together with the planning proposal or plans and specifications for the project. This project application has been approved by the STATE and 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: ARFF, Land, Drainage, Safety, & Miscellaneous Studies and Airport GIS Information Program Number: LNS8PUW Project Number: 3-53-0051-035/036 NOW THEREFORE, for the purpose of carrying out the provisiOns of the Uniform State Aeronautics Department Act of 1947, 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 a lump sum amount of $10,000. This Grant is made with the following terms and conditions: 1. The maximum obligation of the STATE payable under this Grant shall be $10,000. 2. The SPONSOR shall: A. Certify the availability of at least $20,000 to match STATE participation in said project. B. Diligently and expeditiously complete this project and likewise pursue appropriate measures as may be agreed upon by the SPONSOR and the STATE to remedy project delays, including but not limited to litigation or condemnation. C. Carry out and complete the project in accordance with the plans, specifications, and property map, incorporated herein, as they may be revised or modified, with approval of the STATE. D. All contracts for construction involved in this project shall be bid competitively in accordance with bidding procedures otherwise authorized for public entities. 2DIQ·10 ---PAGE BREAK--- E. In connection with the acquisition of real property for the project, the SPONSOR shall secure at least two written appraisals by licensed appraisers. The SPONSOR shall not pay in excess of the highest appraisal without the written consent of the STATE or except as directed by a court of competent jurisdiction after a contested trial and a judgment not resulting from agreement between the parties. F. No STATE funds will be paid to the SPONSOR in any case until it certifies in writing that it has funds available and will spend at least the amount designed in Paragraph above, solely for the project in question. G. The SPONSOR agrees to hold said airport open to the flying public for the useful life of the facilities developed under this project. The SPONSOR shall grant no exclusive use or operating agreements, to any person, company, or corporation; that failure to abide by such agreement shall automatically obligate the immediate and full return of all State of Idaho money expended in behalf of the project to the State of Idaho. 3. The allowable costs of the project shall not include any costs determined by the STATE to be ineligible. 4. The STATE reserves the right to amend or withdraw this offer at any time prior to its acceptance by the SPONSOR. 5. This offer shall expire and the STATE shall not be obligated to pay any part of the costs of the project unless this agreement has been accepted by the SPONSOR on or before December 17, 2010 or such subsequent date as may be prescribed in writing by the STATE. Except for those projects receiving both State and Federal Aid (submit copies of FAA documents), the following inspection schedule and reporting system will be required: 6. Inspection Schedule and Reporting System: Inspection Schedule and Reporting System will vary for each project. The SPONSOR will be required to make reports and be inspected on the following schedule: A. SPONSOR shall report project commencement date. B. SPONSOR shall make periodic progress reports as appropriate. C. SPONSOR shall receive approval prior to any change in the scope of the project D. SPONSOR shall report project completion date and request final inspection and payment. E. STATE may make final inspection and shall sign off project as completed. F. STATE may arrange for audit of account in accordance with regularly scheduled audit program. ---PAGE BREAK--- 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. 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, lTD 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 _ ATTEST: Stephanie Kalasz, City Clerk I, Stephanie Kalasz, City Clerk do hereby certify that the foregoing is a full, true, and correct copy of fr/'1 , Resolution No. ri-o I 0 adopted at a regular meeting of the City Council held on the 1"L-Qay of bUtrz.l:i.tr=. 2010, and that the same is now in full force and effect. N WITNESS WHEREOF, I l)ave hereunto set my hand and impressed the official seal the City, this ¦ay of DLCd4M,Iur , 2010. ---PAGE BREAK--- RESOLUTION NO. 2010- 21 A RESOLUTION OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ACCEPTING THE GRANT OFFER OF THE STATE OF IDAHO THROUGH THE IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF AERONAUTICS, IN THE MAXIMUM AMOUNT OF Sl 0,000.00 TO BE USED UNDER THE IDAHO AIRPORT AID PROGRAM NO. PROJECT NUMBER: 3-53-0051-035/036 IN THE DEVELOPMENT OF THE PULLMAN-MOSCOW REGIONAL AIRPORT; PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow, Idaho (herein referred to as "CITY ) as follows: 1 . That CITY shall accept the Grant Offer of the State ofldaho in the amount of $10,000.00 for the pmvose of obtaining State Aid under Program No. Project Number 3- 53-0051-035/036, in the development of the Pullman-Moscow Regional Airport; and 2. That the Mayor of the City of Moscow, Idaho is hereby authorized and directed to sign the statement of Acceptance of said Grant OtTer (entitled Acceptance) on behalf of CITY. The Moscow, Idaho City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of CITY on the aforesaid statement of Acceptance: and 3. A true copy of the Grant Offer referred to herein be attached hereto and made a pan thereof. PASSED AND APPROVED by the City Council of the City of Moscow, Idaho, this 6111 day of December, 2010. Rr:ol.l!TION 20 I 0-21 JULY 12 1887 lTD GRAN 1 A« lPT.'\NC E- PurL;IAN-Mosc ow AmPOR r 12-6-201 o PAGI: I m I