HomeMy WebLinkAboutMass DOT Grant - Airport Avigation Easement 01/12/2026Maura Healey. Governor
Kimberley Driscoll, Lieutenant Governor
Phillip tang, Interim MassDOT Secretary F
Denise Garda, Administrator LU/Il6r�n�4iics
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GRANT ASSURANCES
Mansfield MUnicipal Airport
Runway 32 Avigation Easement Acquisitions — Phase II
Project Number: AIP-3-25-0028-043-2025
Identification Number: CT DOT 1300 INTFOOX02026SO133455
Project Authorization Date: 01/12/2026
A. Definitions.
1. "Aeronautics Division" shall mean the Massachusetts Department of Transportation
(MassDOT( Aeronautics Division.
2. "Airport" shall mean the Mansfield Municipal Airport and all appurtenant areas and
facilities which are used, or intended for use, for airport buildings, airport facilities, or
rights -of -way, together with all buildings and facilities located thereon.
3. "Airport Commission" shall mean the Mansfield Airport Commission with members
appointed by the Board of Selectmen, as appropriate pursuant to Section 51 E of Chapter
90 of the General Laws.
4. "Town" shall mean the Town of Mansfield.
5. "FAA" shall mean the Federal Aviation Administration.
6. "Grant" shall mean the Grant referenced above, including the Grant Application, finance
plan, and related materials supplied by the Applicant and on which the Aeronautics
Division relies in awarding the Grant, all as amended by these Grant Assurances.
7. "Grant Assurances" shall mean the assurances and certifications contained herein and
made by the Airport Commission for the purpose of securing the Aeronautics Division's
approval and award of the Grant.
8. "Program" shall mean the investigation and analysis, engineering, consulting, planning,
design and construction of the subject project.
9. "Project" shall mean the project referenced above by project title and project number
and related work included as additional efforts in the Program at the sole discretion of
the Aeronautics Division.
10. The project will be conducted upon Airport property as well as outside the Airport
boundaries with funding from the Airport Commission and the Aeronautics Division.
B. General.
1. These Grant Assurances shall be compiled within the performance of the obligations
imposed upon the Airport Commission, the Town and its respective successors pursuant
to the Grant.
Logan Office Center, One Harborside Drive, Suite 205N
East Boston, MA 02128
Tel 617-412-3680, TDD: 617-973-7306
www.mass.gov/massclot
AIP-3-25-0028-043-2025- Runway 32 Avigation Easement Acquisitions - Phase II
2. Upon acceptance of the Grant by the Airport Commission and the execution of the
Grant by the Airport Commission, the Town and the Aeronautics Division, these Grant
Assurances shall be incorporated in and become a part of the Grant without further
reference.
C. Duration.
1. The terms and conditions of these Grant Assurances shall take full force and effect on the
date the Grant is executed by the Aeronautics Division and shall remain in full force and
effect for twenty (20) years from the date of the receipt of funds for this Project by the
Airport Commission or from the Aeronautics Division, whichever occurs later.
D. Certifications by the Airport Commission
1. The Airport Commission hereby assures and certifies that it will comply with:
a. all applicable federal, state and local laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the acceptance, application, and use of
state funds for this Project; and
b. all applicable federal, state and local laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the custody, care, management and
operation of the Airport.
2. The Airport Commission hereby assures and certifies that:
a. oversight of the Airport is exclusively held by the Airport Commission and that the
Airport Commission has sole custody and control of the Airport pursuant to Chapter
90, Section 51 E of the General Laws;
b. the state funds from previous grants frorn the Aeronautics Division, and the physical
assets they produced, were sought by the Airport Commission on the basis that they
would ensure the continued fiscal and operational stability of the Airport;
c. the state funds from this Grant, and the physical assets they will produce, are sought
by the Airport Commission on the basis that they will ensure the continued fiscal and
operational stability of the Airport;
d. the Airport Commission has the legal authority to apply for, accept, and be bound by
this Grant and the understandings and assurances contained therein;
e. the Airport Commission has the legal authority to oversee the performance of all of
the obligations imposed upon the Airport Commission and the Town by this Grant;
f. the Airport Commission, with the acceptance of this Grant, has sufficient state and
local funds to finance and carry out this Project;
g. the Airport Commission shall submit within thirty (30) days of the date the
Aeronautics Division executes this Grant a finance plan with details as to the total
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cost to design and construct the subject project and the sources and amounts of
funds the Airport Commission has available to it to pay those costs;
h. the Airport Commission shall not take any action which would deprive the Airport
Commission of, or otherwise diminish, any of the rights, privileges, responsibilities or
powers of the Airport Commission as are necessary to exercise the custody, care and
management of the Airport or to perform the terms, conditions, and assurances in
this Grant, previous grants and future grants from the Aeronautics Division without
the prior written approval of the Aeronautics Division, The Airport Commission will
act promptly to acquire, extinguish or modify any outstanding rights or claims of
rights of others which would interfere with such performance by the Airport
Commission;
i. the Airport Commission shall not sell, encumber, other than leasing, or otherwise
transfer or dispose of the title to or interests in the physical assets and real property
located at the Airport without the prior approval of the Aeronautics Division, which
shall not be unduly withheld;
j. the Airport Commission shall not eliminate all or any portion of the physical assets
and real property previously purchased through a Aeronautics Division grant,
located at the Airport without the prior approval of the Aeronautics Division, which
shall not be unduly withheld; and
k. the Airport Commission has authorized the Chair of the Airport Commission to
execute the Grants and the Grant Assurances on behalf of the Airport Commission
and has attached hereto a copy of the Airport Commission meeting minutes, certified
by the Secretary of the Airport Commission to be a true copy of said minutes,
documenting such authorization.
E. Certification of the Chair of the Board of Selectmen.
Notwithstanding any powers that may be granted to the Board of Selectmen of the
Town agrees not to attempt to reorganize the Airport Commission, or in any way to
interfere with the autonomy and authority of the Airport Commission as created under
Chapter 90, Section 51 E of the General Laws, without the express approval of the
Aeronautics Division.
2. The Town assures and certifies that it will take no actions that would interfere with the
Airport Commission's ability to comply with:
a. all applicable federal, state and local laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the acceptance, application, and use
of state funds for this Project; and
b. all applicable federal, state and local laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the custody, care, management and
operation of the Airport.
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3. The Town hereby assures, certifies and acknowledges that:
a. notwithstanding any powers, authority of responsibility that may be granted to the
Town, it agrees not to interfere unlawfully with the powers, authority and
responsibilities granted to the Airport Commission by Chapter 90, Section 51 E of
the General Laws; provided, however, that this provision shall not preclude the
establishment of a management agreement or agreements between the Airport
Commission and the Town to contract for services, resources and skills of the Town
offices or any department of the Town; provided further that each such agreement
shall not take effect until approved by the Aeronautics Division in writing;
b. the state funds from the Grant, and the physical assets they will produce, are
sought by the Airport Commission on the basis that they will ensure the continued
fiscal and operational stability of the Airport;
c. The Airport Commission has the legal authority to apply for and accept this Grant
and the understandings and assurances contained therein;
d. The Airport Commission has the legal authority to oversee the performance of all
the obligations imposed upon the Airport Commission and the Town by this Grant;
and
e. the Airport Commission, with the acceptance of this Grant, has sufficient state and
local funds to finance and carry out this Project.
4. The Town hereby assures and certifies that:
a. the Town shall not take or permit any action which would dissolve the Airport
Commission or deprive the Airport Commission of any of the rights, privileges,
responsibilities or powers of the Airport Commission as are necessary for it to
exercise the custody, care and management of the Airport or to perform any or all
of the terms, conditions, and assurances in the Grant, previous grants and future
grants from the Aeronautics Division without the prior written approval of the
Aeronautics Division, and the Town will act promptly to acquire, extinguish or
modify any outstanding rights or claims of rights of others which would interfere
with such performance by the Airport Commission;
b. the Town shall not take any actions which would have the effect of modifying or
terminating any of the obligations and responsibilities imposed upon and accepted
by the Airport Commission pursuant to this Grant without the prior written
approval of the Aeronautics Division; and
c. the Town shall not take any action which would have the effect of altering,
modifying, expanding, or eliminating all or any portion of the physical assets and
real property located at the Airport without the prior written approval of the
Aeronautics Division,
5. The Board of Selectmen hereby assures and certifies that it has authorized their Chair to
execute these Grant Assurances on behalf of the Town and has attached hereto a copy
of the meeting minutes, certified by the Secretary to be a true copy of said minutes,
documenting such authorization.
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F. Accounting System, Audit and Record Keeping Requirements.
1. The Airport Commission hereby covenants and agrees to:
a. deposit all funds received for this Project into an Airport Commission segregated
account and to disburse said funds solely for the purposes for which they were
paid;
b. keep all Project accounts and records which fully disclose: i) the total cost of the
Project. ii) the amount and disposition by the Airport Commission of the proceeds
of all grants and other funds received by the Airport Commission for this Project. iii)
the amount and nature of the funds supplied by each source for this Project. and,
iv) such other financial records as are pertinent to the Project;
c. keep all Project accounts and records in accordance with an accounting system
that will facilitate an effective financial audit of the Project; and
d. upon request, make available to the Aeronautics Division or its designated
representative for the purpose of audit and examination, any books, docurnents,
papers, and records of the Airport Commission or Town that is pertinent to the
Project.
G. Conformity to Plans, Specifications and Aeronautics Division Approvals,
1. The Airport Commission shall execute the Project subject to the plans, specifications,
budgets and .schedules reviewed and approved by the Aeronautics Division and such
other guidance as the Aeronautics Division deems appropriate. All modifications to the
approved plans, specifications, budgets and schedules shall also be subject to the review
and approval of the Aeronautics Division.
2. The Airport Commission shall provide and maintain competent technical and
administrative supervision throughout the duration of the Project to ensure the Project is
completed in accordance with the terms of the Grant, these Assurances, the approved
plans, specifications, budgets and schedules.
H. Airport Operation and Maintenance.
1. The Airport Commission shall operate the Airport for:
a. the aeronautical benefit of the public using the Airport;
b. the uses intended by the Aeronautics Division in the approval of the Airport
Certificate;
c. the uses intended by the Aeronautics Division in the award of this funding grant;
and
d. such non -aeronautical uses as are explicitly approved in writing by the FAA and
the Aeronautics Division.
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2. The Airport Commission shall suitably operate and maintain the Airport and all facilities
located thereon or connected therewith with due regard to climatic and flood
conditions. The Airport and all facilities which are necessary to serve the aeronautical
users of the Airport, other than facilities owned and controlled by the United states, shall
be operated at all times in a safe and serviceable condition and in accordance with the
minimum standards as may be required or prescribed by federal or state agencies for
airport maintenance and operation.
3. Except as provided for in Section H)5) below, the Airport Commission shall not cease to
operate, abandon, or dispose of the Airport, or any part thereof, without the prior
written consent of the Aeronautics Division,
4. The Airport Commission or the Board of Selectmen of the Town shall not close the
Airport or restrict the use of the Airport or any of the facilities located thereon or
connected therewith without the prior written permission of the Aeronautics Division.
5. The Airport Commission, the Airport Manager or, in the absence of the Airport Manager,
the Assistant Airport Manager, may suspend the operation of the Airport for aeronautical
use only during temporary periods when a climatic condition or other condition
identified as a reason for suspension of airport operations in applicable federal or state
aeronautical laws, rules, regulations, advisories, or orders, interferes with the safe
operation and maintenance of the Airport. The Airport Commission, the Airport
Manager or, in the absence of the Airport Manager, the Assistant Airport Manager, shall
comply with all applicable federal or state aeronautical laws, rules, regulations,
advisories, or orders governing said suspension of operations.
G. The obligation to operate the Airport as prescribed above shall run for twenty 120) years
from the date of the receipt of funds for this Project by the Airport Commission from the
Aeronautics Division.
Compatible land Use.
1. The Airport Commission and the Town shall take appropriate action to the extent
reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the
Airport to activities and purposes compatible with normal airport operations, including
landing and takeoff of aircraft.
J. Economic Nondiscrimination.
1, The Airport Commission and the Board of Selectmen of the Town shall make the Airport
available as an airport for public use on fair and reasonable terms and without unjust
discrimination, to all types, kinds and classes of aeronautical use.
2. Every agreement, contract, lease or other arrangement under which a right or a
privilege is granted to any person, firm, or corporation to conduct or engage in any
activity at the Airport, shall require such person, firm, or corporation to conduct or
engage in their respective activity)ies) in a fair, reasonable and not unjustly
discriminatory manner.
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3. Each person, firm, or corporation operating at the Airport shall be subject to the same
rates, fees, rentals and other charges as are uniformly applicable to all other persons,
firms, or corporations snaking the same or similar uses of the Airport and utilizing the
same or similar facilities.
4. The Airport Commission and Board of Selectmen of the Town shall not exercise or grant
any exclusive right or privilege which operates to prevent any person, firm or
corporation from providing the same or similar service at the Airport.
5. Subject to the prior written approval of the Aeronautics Division, the Airport Commission
may prohibit or limit any given type, kind or class of aeronautical use of the Airport if
such action is necessary for the safe operation of the Airport or necessary to serve the
civil aviation needs of the public.
6. The Airport Commission shall establish such fair, equal and not unjustly discriminatory
conditions to be met by all uses of the Airport as may be necessary for the safe and
efficient operation of the Airport.
K. Airport Revenues.
I. The Airport Commission shall maintain a fee and rental structure for all Airport property,
facilities and services. Said fee and rental structure shall be constructed so as to make the
Airport as self-sustaining as possible under the circumstances existing at the Airport. A
copy of said fee and rental structure and any future amendments thereto shall be
provided to the Aeronautics Division, upon request.
2. All revenues generated at the Airport and payable to the Airport Commission plus any
local taxes on aircraft fuel established after December 30, 1987, shall be deposited in an
Airport Commission segregated account and expended by the Airport Commission for
the capital or operating costs of the Airport.
L. Reports and Inspections.
1. The Airport Commission shall, upon reasonable request:
a. submit to the Aeronautics Division such annual or special financial and operations
reports to the Aeronautics Division;
b. make available to the public at reasonable times and places a report of the airport
budget in a format satisfactory to the Aeronautics Division;
c. make all Airport and Airport Commission records and documents affecting the
Airport, including deeds, leases, operation and use agreements, regulations and
other instruments, available for inspection by any duly authorized agent of the
Aeronautics Division; and
d. in a format prescribed by the Aeronautics Division, provide to the Aeronautics
Division and make available to the public, not later than one hundred and twenty
(120) days following each of its fiscal years, an annual report listing in detail:
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all amounts paid by the Airport to any other unit of government and the
purposes for which each such payment was made; and
all service and property provided by the Airport to other units of government
and the amount of compensation received for providing each such service
and property.
M. Airport layout Plan.
1. The Airport Commission shall maintain an up to date Airport Layout Plan )ALP) of the
Airport which shall show:
a. the boundaries of the Airport and all proposed additions thereto or deletions
therefrom, together with the boundaries of all offsite areas owned or controlled by
the Airport Commission for Airport purposes and any proposed additions thereto
or deletions therefrom;
b. the location and nature of all existing and proposed Airport facilities and structures
)such as runways, taxiways, aprons, terminal buildings, hangars, other buildings
and structures, and roads) including all proposed extensions and reductions of
existing airport facilities; and
c. the location and nature of all existing and proposed non -aviation areas at the
Airport and of all existing or proposed improvements located thereon.
2. The ALP, and each amendment, revision or modification thereof, shall be subject to the
approval of the Aeronautics Division, which approval shall be evidenced by the
signature of a duly authorized representative of the Aeronautics Division on the face of
the ALP.
3. The Airport Commission and/or Board of Selectmen shall not make or permit any
changes or alterations in the Airport or any of the facilities at the Airport thereby causing
non -conformity with the ALP as approved by the Aeronautics Division and which might,
in the opinion of the Aeronautics Division, adversely affect the safety, utility or efficiency
of the Airport. If a change or alteration of the Airport or the facilities is made which the
Aeronautics Division subsequently determines adversely affects the safety, utility or
efficiency of the Airport, the Airport Commission and the Board of Selectmen shall, if
requested by the Aeronautics Division:
a. eliminate such adverse effect in a manner approved by the Aeronautics Division;
or,
b. bear all costs of relocating such property )or replacement thereof) to the level of
safety, utility, efficiency and cost of operation existing prior to the unapproved
change in the Airport or its facilities.
N. Civil Rights.
The Owner and their respective agents, employees and representatives, shall comply
with applicable federal, state, and local laws, regulations, rules and orders to assure that
no person shall, based on race, color, age, gender, ethnicity, sexual orientation, gender
identity or expression, religion, creed, ancestry, national origin, disability, veteran's
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status (including Vietnam -Era Veterans), be excluded from participating in any activity
conducted with or benefiting from funds received from this Grant.
O. Disposal of Land and Airport Facilities.
1. The Airport Commission and Board of Selectmen shall not sell or otherwise transfer or
dispose of the title to or interests in the Airport, its facilities, real property or personal
property without the prior approval of the Aeronautics Division, which will not be
unduly withheld.
Foreign Market Restrictions.
1. The Airport Commission and Board of Selectmen shall not allow funds provided under
this Grant to be used to fund any project which uses any product or service of a foreign
country during the period in which such foreign country is listed by the United States
Trade representative as denying fair and equitable market opportunities for products
and suppliers of the United States in procurement and construction.
O. Future Grants.
1. This Grant is being awarded in the expectation that the Airport Commission will
complete the scope of work associated with this Project.
2, The Airport Commission and Board of Selectmen (collectively referred to here as "the
local entities") and the Aeronautics Division jointly and severally acknowledge and agree
that this Grant is awarded and accepted on the explicit understanding that this Grant
and any future grant or grants, anticipated to fund further development of the Airport
will have included in its (their) terms a guarantee by the local entities that no part of the
assets or income of the Airport, whether presently existing or to be created pursuant to
these grants, will be diverted to non -airport uses without the express prior written
approval of the Aeronautics Division, the granting of such approval being universally
recognized to be considered as highly unlikely.
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R. Successors.
1. This Grant, as amended by these Assurances, shall be binding upon and shall inure to
the benefit of the successors of the parties hereto.
IN WITNESS WHEREOF, the Airport Commission and the Chair of the Board of Selectmen of the
Town certify that the information contained herein and attached hereto is accurate and
complete and that we agree with the assurances herein, as represented by the signatures of the
persons below:
Mansfield Airpprt Commis g,-1
By
Title: Chair
i
Date: �
Chair of the Board of Selectmen, Town of
Mansfield
By
Date:
I hereby certifySSA L the Chair
of the Mansfield Airport Commission and was
authorized to execute these Grant Assurances on
behalf of the Mansfield Airport Commission by a vote
taken on_a a copy of which is attached
and made art hereflf;
Reporting Secretary
I hereby certify that L L tL is the Chair
of the Board of Selectmen for the Town of Mansfield
and has been authorized to execute these Grant
Assura ces on behalf of the Town of Mansfield on this
day V Yl 202Sio.
Clerk,
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