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HomeMy WebLinkAboutDeeds & Easements_O-22DEPART ENT OF TRANSPORTATION DIVISION CAP AERONAUTICS' GRANT AGREEMENT Herein referred From: The State of California., Acting through the Department of Transportation, Division of Aeronautics, herein referred to as the "State" WHEREAS, the public entity has submitted to the State a project for subvention of California Airport Aid Program Funds, for (Acquisition and/or Development) of the MD ;, IIDS Airport, together with plans and specifications for such project, which project application has been approved by the State and is hereby incorporated herein and made a part hereof; and. WHEREAS, the California Aeronautics Board has, approved a project for development of the airport consisting of the following described airport development: Land aNpila,i all as more particularly described in the property maps and plans and specifications incorporated in thesaid project application; NOW, THEREFORE, pursuant to and for the purpose of carrying out the provision of the State Aeronautics Act, and in consideration of (a) the Public .Entity! s adoption and ratification of the representations and assur- ance's contained in said project application, and its acceptance of this offer as hereinafter provided, and (b) the benefits to accrue to the State of California. and the public: from the accomplishment of the project and ,the operation and maintenance of the airport as herein provided, the State hereby agrees to 'pay, as its allowable costs incurred in accomplishing the project. This grant is made on and subject_ to the following terms and conditions: 1. The maximum obligation of the State payable under this grant shall be $ 0 2. The public Entity shall: (a) Deposit in they Special Aviation Fund of said airport, an amount equal to the States s participation in said project. It•convena,nts in any ease to' complete the •project within . le days except insofar as delay may be due to con- demnation or litigation proceedings. It also convenants to expeditiously pursue any litigation or eendernation` proceed- ing s necessary t© or involved in completing the pro,je'ct. (b) Carry out and complete the project in accordance with the plans and spocifioationcs and.property map, • incorporated herein, as they may be revised or riedified, with the approval of the State. (c) Bid compe ively in accordance with bidding procedures otherwise authorized for publics entities for all contracts involving construction. Two copies of the accepted bid must be sent to the Division, (Force account projects will be treated in accordance with Appendix 1.2, page - ) (d) In connection with the acquisition of real property for the project, public entity shall scouro at least two written appraisals Competent Pexperienced ^appraisers who are y members of a recognized professional appraisal organization and shall not pay in excess of the highest appraisal without the written consent of State or except as otherwise directed by a court of competent jurisdiction after a contested trial a.nd a judgment not resulting from an agreement between the, parties. No State funds will be paid to the public entity in any case until it certifies in 'writing 'that -it has deposited in. the Special Aviation Fund of said airport an amount. equal to the Staters participation., which deposited amount will be used 601.31y fors the project in question. The allowable costs of the project shall not include any costs • determined by the State to be ineligible for consideration as to allowability under Section 21681(f) of the Public, Utilities Code, 5. 'The State reserves the •right to amend or withdraw this offer at anytinie.prior to its acceptance by the Public entity, 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 Public Entity on or before 4_, or such ubsequ6ryt date as may be prescribed in writing by the State. Money,aileeated for projects rnust be spent or obligated within the yearfor which allocated or the allocation will be withdraWn. Lxcept, for those projects receiving both State and Federal Aid, the follOwing,inspection schedule and reporting system will be required: 8. InzilsitclimaciWAlaCiastplaztirzariarztaaa: Inspection,Schedule and Reporting System will vary for each project .' Basically, the Inspection Schedule will be placed on a quarterly basis. On projects taking less than three (3) months, the public entity will be required to make reports and be inspected on the following schedule: (a) Public entity report project commencement date. (b) Public entity report project completion date and request final inspection. - = (c) State will make final inspection and sign off project as - : completed. (d) State will arrange for audit of account' in.accordance with regularly scheduled audit program. Projects taking over three (3) months will be set up on a quarterly inspection and progress report system. The public entity will be required to make rePbrts and be inspecteden the following schedule: (a) Report project commencement date. (b) Public entity will make a three (3) months progress report. This will be a letter report giving percentage of project completed, fund expenditures to date, and short narrative of the project progress, problems encountered and plans for project completion. (c) State will make quarterly project inspections and prepare the report of inspection. A copy of the report will be delivered to the Public Entity. (d) Public Entity will make report of completion of project and request final inspection. (e) State will make final inspection and sign off project as completed. (f) State will arrange for audit of account in accordance with regularly scheduled audit program. The Public Entity'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 Public Entity, as hereinafter provided, and said offer and acceptance shall comprise allocation agreement, as provided by the State Aeronautics Act, constituting the obligation and rights of the State of California and the Public Entity with respect to the accomplishment of the project and the operation and maintenance of the airport. Such allocation agreement shall become effective upon the Public Entity's 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 CALIFORNIA DEPARTMENT OF TRANSPORTATION DIVISIOal OF AERONAUTICS, BY: (Title) FISCAL OFFICER AQU TANCE The cit. of Redlands 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 ofthe terms and conditions thereof. Executed this 12 th day of June 19 74 CITY OF REDLANDS Name of Public Entity Title City Manager