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04/21/97 Ferguson/Grant AwardISt1v I 14:34 C111 OF KIALISVELL-DUC-1'1' APR 2 3 Montana mpartmeat Aeronair!CS DiVi.q1m) Phon& (406) 444-2506 of Ttangportation 2630 Airport Road FAX (1106) 444-2bi 9 P0 14o)? 51 /8 Plolonn, MF!iWir.)4-ri 78 April 21, 1997 Mr. Clarence Krepps, City Manager city of Kalispell P.O. Box 1997 Kalispell, MT 59903 File; Kalispell - 98G Dear Mr. Krepps: Marc Rnoieot, Governor The Montana Aeronautics Board has considered your -request for financial assistance aV its April 18, 1997 meeting in Helena, We are pleased to inform you t h a. t. the Aeronautics Board has tentatively approved an Aeronautics Division grant of $5 000.Q_Q. These funds are disbursed from our Ai27port Development FinanQial Assistance Program. This tentative approval is subject to the following contingencies. 1) Grant and/or loan amount. is maximum authorized subject to the Aeronautico Board policy of; For a Federal Aid project, the maximum grant will be 509, of sponsor share of project costs, For loans, up to 100k of Sponsor share- of project costs ar d combination of Aeronautics loan and grant 'Lip to set limits not to exceed Sponsor share project costs. 2) Yeaeral approval of project scope and grant award by February 28, 1998. If no Federal grant is awarded by February 28, 1998, then Sponsor must resubmit Airport Aid request for reprioritization for next fiscal years funding. For continued processing of your approved gxaz-il, cirnaunt, enclosed is a copy of your Airport Aid Application, Certificate of Sponsors Attorney and Dooumentat-ion Checklist, The Certificate of Sponsors Attorney requires original signature. Grant di.-,buzsemento will be made according to tb,c procedures outlined above and when the following listed documentation is submitted by you to our office not later than February 28, 1998. Please submit all required documents as one package. A documentation checklist i:� enclosed for your convenience. Please return this cbecklist wiLh your package, An J-qWd VVJ?0)tUflhV FnipluVw P"t-V Fax Note 7671 Data 415,3 " Ppoaqesi' To Deb 6 I'E Frufd Co./Dept CO. PhOns # Phone# RIX # Fax # '�SLNY tsy: 4-23-87 ; 14:35 ; CITY OF KALISPELL-)DOC-IT ;# 2/ 8 Mr. Clarence Kropps, city Manager Page 2 April 17, 1997 1. Signed Certificate of Sponsors Attorney .2. Federal Grant Agreement Montana Aeronautics thanks you for your continued support and interest in airport safety at -id development ae demonstrated by your financial commitment to this project- if you have any questions regarding these instructions, please call.. 8incerely, Michael D. Ferguson, Adminis- Montana Aeronautics Division Redge R. Meierhenry, Chief Airport/Airways Bureau enclosure cc". Helena ADo SENT BY: 4-23-97 ; 14:35 CITY OF KALISPELL-DO'-IT ;# 3/ 8 .acting as Attorney for (hereiri referred to as the "Sponsor") do hereby certify: That I have examined the foregoing Airport Aid Application and the proceedil7igs taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly authorized and that the execution thereof is in all respect8 due and prover and in accordance with the laws of the state of Montana and further that, in my opinion, said Airport Aid Application constitutes a legal and binding obligation of the sponsor in accordance with the term thereof. Dated at this day of ------------------------------ (Title) MINI 1311 4-ZO-W ; 14; 0,'3 ; U I I T Ur KAL I 5M I --)UUU- t r ; � 4/ 8 DOCUMENTATION CHECKLIST - PLEASE RETURN Please submit checklist and following documentation as one package when requesting disbursement of Aeronautics Board approved funds. Enclosed Signed loan resolution Signed Certificate of Sponsors Attorney Federal Grant Agreement For Non -Federal project, Notice -to -Proceed. Signed Certificate of Sponsors Attorney Federal Grant Agreement (if applicable) For Non -Federal project, Xatice-to"_Prcceed SENT BY: 4-23-97 14:35 CITY OF KALISPELL--)DOC-IT 5/ 8 DEPARTMERT OF TRANSPORTATICA AERONAUTICS DIVISION P. o. Box 5 178 nLENA, WNTAWA 59604 W1 AIRPORT AID APPLICATION PART OR - APPL I CANT I NFORKAY I OR The Cii-V of KaTirmell hereir%af ter called the. "Sponsor", hereby makes application fl to the _Arane Aeronauticsvigion for a; airport devetopment lmy S amount rcqmtted for calendar year airport davetopment sr $::t9:Z.QJ= amount requested for- calender year _____pret imi nary engineering grant (Pr;(', in the amo=t of S1,000.00) The purpose of these state furids are for aiding in financing a project, hereinafter called the "Project'!, for the.purpose of improvement of the lKalispeli- -city . _ airport, hereirtafter called The "Airport", located at F1,Atbgad CoU -Ci i-.v of Kal i spoll. in the State of Montana. It is proposed that the project witt connence on. or about July 1. 19D and wilt consist of the following described improvements. 1.Exact tegal name of AppLicant Address County State City of,Kalil pell, PQ BOX 1997, Flathead County, Montana 59903 2-Nam of Applicants authorized representative title address phone Clarence Kre2E!s , City Manager, - City of Kalispell 406) 7,58-7701 3.Name of Applicants contact person address phone Same 4.Name of App iticant Engineer address 5TATO If6ence # phone John Wilson. - City cLf JSa I i spg-11 ( 406 1 7-SR-770 1- 5.Appticants Federal. Tax ID NUTber PART TWO - PROJECT 19FORKATION The sponsor shalt obtain an engineer's cost estimate and mnarize the data Lmtow. If the project is tam rotated, include an Exhibit PA" with the specific land areas highlighted. The sponsor shall attach the Federal Grant Application (if appkicabla). Describe your project below and the work to be 9CCOMptished- I mWWmft__ A W 1� SENT BY: 4-23-97 ; 14:36 ; CITY OF KALISPEIT.-,DOC-IT ;# 6/ 8 I tens Administrative costs Equipment/Land Costs. EMineering Supervision Costs construction ProjeGt Improvement COSTS Total Estimated cost !;LM=ry of Estimated Costs of the Project Estimated Federal Estimated Sponsor share of Cost share of Cost . Amount Amount Estimated state share of Spo6sors Costs IOQ C)t) 4) 10 pom 4 L�-O(D Costs Total At( Estimated Project Costs A PART TEREE FINANONG INFORMATION Osr'aU airport revenue sources; $ 9,079 1-airport fund account balance ............... 2,amount from fund allocated for pribitat ..... 39,.0DD 3,annuaL revenue sources city .................................... u.,aap (,tax- incr-eMW&_,.*1997.-98) county ............................... -0- airport fees ................. ......... 10-4000._(Gst. 1997.) other (zity-cpunry, private, etc) ....... 100,000 (pro2erty sale sending) 4.afrport milt levy in place (yes/no) ........ No 5.arawat *mount airport miLL Levy generates... None 6.tist any financial encumbrances limiting Sponsor participation in PART FCM—REPREUNTAYMNS The Sponsor hereby represents and certifies as f9ttows: f' SENT BY: 4-23-97 ; 14:36 ; CITY OF KALISPELL-DOC-IT ;# 7/ 8 LEGAL AUTHORITY The Sponsor has the legal power and authority to: (1) do att things necessary in order to undertake and carry out the Project in conformity with State and Federal Laws " Regulations,, Q) to accept, receive, and disburse grants or tons of funds from the Aeronautics Division in aid of the Project, on the terms and conditions stated herein and (3) carry out all of the provisions of Part five and Part six of this Airport Aid Application. APPROVAL OF OTHER AGENCIES The project has Lien azed by all agencies whose tprovel, is required, namely: Al 0J; ( U2-1�6a,% 10aJi DEFAULTS The Sponsor is not in default on any obligation to the State of Montana, or any agency of the state of Montana, relative to The development, operation, or maintenance of any airport, except as stated herein. POSSIBLE DISABILITICS There are no facts or circumstances (including the existence of effective or proposed leases, Use, agreements, or other legal instrum*nts) affecting use of the Airpoft, or the existence of pending litigation or other Legal proceedings which- (a) are known or by due diligence might be known; (b) in reasonable probability might make it impossible for the Sponsor to carry out the Provisions of Part five and Part six of the Airport Aid Application, either, by Limiting its Legal or financial* ability or otherwise; and (c) have not been brought to the attention of the authorized representatives of the Montana Aeronautics Oivition, PART FIVE - SPONSOR ASSURANCES The Sponsor hereby covenants and agrees with the state of Montana and the Aeronautics as follows. I.The Sponsor has mat all of the requirements imposed by the Federal Aviation Administration to obtain an Airport improvement Program, and will continue timely and adaqunte compliance as required by the express terms of ALL pertinent documents. 2,Any and hLL funds receivod by the Sponsor from the Mont" Aeronautics Division wilt be used as funds for the project outlined. in this application for aid as listed in PART TWO and approved by the Montana Aeronautics Board. 3,T0 promote "fa airport operations by clearing and protecting the approaches to the airport by removing, lowering, retncr=ting marking and/or Lighting existing airport hazards and to prevent to the extent possible, establishment or creation of future airport hazards. lo correct at request of either FAA or Aeronautics Division Personnel, deficient airport maintenance and operational practices contributing to unsafe or deteriorating airport conditions as identified during regular airport inspections. 4.Tooperate the Airport for the use and benefit of the public and To keep the Airport open to a[L -types, kinds am Ctasscr of aeronautical use without oiscriminalion between such types, kinds and classes; provided that the Sponsor shall establish fair, aqua( and nondiscriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Airport. PART SIX - PROJECT AGREEMENT If the Project or any portion -thereof Is approved by the Montana Aeronautics Division and an offer of state assistance for such approved Project is accepted by the sponsor, it is understood and agreed that all airport improvements inducted in such Project will be accompLish&d in accordance with the requirements of the plans and specifications for such development, as approved by the Federal Aviation Administration and the Grant Agreement with respect to the. Project and/or for other airport -improvement work listed in Part Two and approved by the Montana Aeronautics Board. LOAN OBLIGATION The Sponsor promises to repay the Montana Aeronautics DiviSlOn aft monies Loaned to the Sponsor, together with interest, in such payment amounts and in accordance with the schedule of repayments as set forth In The kESOLU7109 and REPAYMENT SCHEDULE, copies of which viLt be attached hereto upon Loan acceptance by the Sponsor, and by this reference imorporated herein an though fully set forth at this point. AUDIT 4-23-97 ; 14:37 ; CITY OF KALISPEli.-DOC-IT ;# 8/ 8 The Montana Aeronautics Division, its agents or employees, the Legislative Auditor and the Legislative Fiscal Analyst shalt have the right to audit the books of account and records retating to this Project, at atL reasorvalota times during the term of the loan, and for three years thereafter. EMPL(IYKENT OF CDN$ULTANT The term consultant, as used herein, includes ptanners and/or engineers. Airport planning, cle5lqn, project estimates and/or construction inspection is the direct responsibility of the Sponsor and may be acco*Lished by the Spcnsorls staff or by a qualified t-onsuttart. CONTRACTS The SMsor as an independent entity and not as an agent 'of Montana Department of Transportation, Aeronautics Divisforl may obtain the services required in order to fulfill the work outlined by Part Two of the application. AU contracts awarded to atcomptish the Project described in this apptication shalt state,-' I)The name of the consultant authorized to act on behalf of the Sponsor. 2)The responsibility of the consultant to authorize changes on the project affecting the contract price. REPORTS The SPMS or shad summit a Letter to Montana Aeronautics Division specifying that the project has been conpleted to their satisfaction and that the consultant and the contractor have completed their contractual COMPLIANCE WITH LAWS The Sponsor shalt comply with all Federal, state and Local taws, rules, regulations, and ordinances which are appiicabte to the performance hereunder. JURISDICTION Any Litigation between the SponsoF-and.14ontana Department of Transportation, Aeronautics Division over the terms and conditions of this Agreerrient, venue -shalt be in the First Judicial District in and for the County of Lewis and Clark, Montana, and the agreement shalt be interpreted according to the taws of Montana, INDEMNIFICATION The! Sponsor shalt indemnify and hold harmless Vontana Department of Transportation, Aeronautics Division, any of their departments, agencies, officers and empt6yees from any and all Liabitity, toss or damage as a resijtr of claims, demands, or costs or judgraents of any character arising out of the performance or non-performance of the sponsor or its independent contractors in carrying out any provisions of the Agreement. In the event of any action, this indmification shalt include, but not be IiOiled to, court costs, expenses of litigation and reasonebte attorney's fees. in_qrt—application