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HomeMy WebLinkAbout1996-02-26 96-135 ORDERCOUNCIL ACTION - _ STen No. X86-135,.- Date February 26, 1996 Item/Subject: Accepting Deed from General Services Administration -- Building 0487 at Bangor International Airport Respons6le Department: Legal This item would approve the formal transfer of building 487 and appurtenant land from the United States General Services Admini- stration to the City of Bangor. The transfer deed contains the federal conditions on use of former federal property transferred for airport purposes. The City's signature on the deed is required to accept the deed conditions. Department Hes Manager's Comments: Lot V -0w bum city Manager Associated Information: -Deed Finance Director City Solicitor VP Introduced For _ Passage First Reading Referral Page I of 1_ 96-135 A gned to Coamam Tyler February 26, 1996 _4 CITY OF BANGOR (TITLE.) (ffirbgre...... .Aqceyting Beed_ from General.. services administration ........___.- --------------------- -_.Building..%4&z... at Bangor. xnteriiatiotwl..Airport... MY Me Ctrs Cnenml ofdw City e(Daap -' ORDERED, - TMAT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, to accept adeed from the Administrator of General Services, a copy of which is attached hereto, transferring Building #4B7 and land appurtenant thereto at Bangor international. airport to the City of Bangor. 96-135 Id CITY COUNCIL' - 0 RDE ft Pebtaaey 26, 1996 PeeSe ............ Title, om Accepting Deed frGeneral Sorvlces Administration Building #687 at Bangor CITY CLE "I C CI nal Airport ........ .......,.................... ca /✓✓NAu`iY�� ��p �CounciLnan INDENTURE ENDS ALL MEN BY THESE PRESENTS: That the UNITED STATES OF AMERICA acting by and through the ASMINISTEATOR OP GENERAL SERVICES, Grantor, under and pursuant to the powers and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (Pub. L. 152, Ch. 288, 63 Stat. 377), as amended, and the Surplus Property Act of 1944 (Act Of October 3, 1944, M. 479, 58 Stat. 770), a amended, including the regulations and orders promulgated thereunder, for the valuable consideration expressed in the Covenants, terms and conditions Of this Indenture, does hereby grant, remise and forever release unto the CITY of BANGOR, Grantee, A municipality created, Operating and existing Under .and by virtue of the laws Of the state Of Maine, all its right, title and interest in and to the property described i Schedule A hereto, ^ TO HAVE AMD TO HOLD the granted premises with all the Privileges and appurtenances thereto belonging, to the said grantee and to the successors or assigns of same, for their own use and behoof forever, subject to such covenants, restrictions, terms and Conditions which shall run with the land as set forth in this document, and the following additional conditions and reservations: 1. By the acceptance of this Deed or any rights hereunder, the transfer ritself, the ansfer ofall the property transferred abyithis instrument, se accepted subject to the following restrictions set forth in subparagraphs (a) and (b) Of this paragraph, which shall can with the land: (a) That, except as provided in subparagraph (A) of numbered paragraph 2, the property transferred by this instrument shall be used for public airport purposes far the use and benefit of the public, on reasonable terms and without unjust discrimination and without grant or exercise of any exclusive right for use Of the airport within the meaning of the term "exclusive right" as used in subparagraph (C) of the numbered Paragraph 2. AS used in this instrument, the term "airport" shall be deemed to include all land, buildings, structures, improvements and equipment used for public airport purposes. (b) That, except as provided in subparagraph (A) OP the numbered paragraph 2, the entire landing area, as defined in Section 101 of the federal Aviation Act Of 1958, as amended, and Federal Aviation Regulations pertaining thereto, and all structures, improvements, facilities and equipment in which this instrument transfers any interest shall be maintained for the use and benefit of the public at all times in safe and serviceable condition, to assure its efficient operation and use, provided, however, that such maintenance shall be required as to structures, improvements, facilities and equipment only during the useful life thereof, as determined by the Administrator of the Federal Aviation Administration (FAA) or his successor in function. In the event materials are required to rehabilitate or repair certain of the aforementioned structures, improvements, facilities or equipment, they may be procured by demolition of other structures, improvements, facilities or equipment transferred hereby and located on the above land which have Outlived their use as airport property in the opinion of the Administrator of the FAA or his successor in function. 2. By the acceptanceof this Deed or any rights hereunder, the grablntee for itself, its successors and assigns, also assumes the oigation of covenants to abide by and agree to, and this transfer is made subject to, the following reservations and restrictions set forth in subparagraphs (A) to (o), inclusive, of this paragraph, which .shall run with the land: Provided, that the property transferred hereby may be successively transferred only with the provision that any such subsequent transferee assumes all the obligations imposed upon the grantee by the provisions of this inatrument. A. That no property transferred by this instrument shall be used, leased, sold, salvaged, or disposed of by the grantee for other than the airport purposes without the written consent of the Administrator of the FAA. The term "property" as used herein is deemed to include revenues or proceeds derived therefrom. B. Property transferred for the development, improvement, Operation or maintenance of the airport shall be used and maintained for the use and benefit of public on fair and reasonable terms, without unjust discrimination. In furtherance Of this covenant (but without limiting its general applicability and effect) the grantee specifically agrees (1) that it will keep the .airport open to all types, kinds and classes. Provided, that the grantee may establish such fair, equal, and not unjustly discriminatory conditions to be met by all user, of the airport: and provided further, that the grantee may proM1ibit 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. (i) That in its operation and the operation of facilities on the airport, neither it nor any person or organization occupying pace or facilities thereupon will discriminate against: any Person or class or persons by reason of race, color, creed, or national origin in the use of any facilities provided for the Public on the airport. (3) That in any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the airport, the grantee will insert and enforce provisions requiring the contractor: (a) to furnish said service on a fair, equal and not unjustly discriminatory basis to all users thereof, and (b) to charge fair, reasonable, and not unjustly discriminatory prices for each Unit for service, provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. (4) That the grantee will not exercise or grant any right or privilege which would operate to prevent any parson, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance and repair) that it may choose to perform. (s) That in the event the grantee itself exercises any of the rights and Privileges referred to in subsection (3) above, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the grantee under the provisions of such subsection (3) of this paragraph 7e. C. The grantee will not grant or permit any exclusive right for the use of the airport at which the property described herein i located which is forbidden by Section 308 of the Federal Aviation Act of 15sa, as amended, by any person or persons to the exclusion of others in the same class and will otherwise comply with all applicable laws. In furtherance of this covenant (but without limiting its general applicability and effect), the grantee specifically agrees that, unless authorized by the Administrator, it will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right to conduct any aeronautical activity on the airport including but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales nd services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any - other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity. The grantee further agrees that it will terminate as soon as possible and no later than the earliest renewal, cancellation, or expiration date applicable thereto, any exclusive right existing at any airport owned or controlled by the grantee or hereafter acquired and that, thereafter, no such right shall be granted. However, nothing contained herein shall be construed to prohibit the granting or exercise of or exclusive right for the furnishing of nonaviation products and supplies or any services of a ncnaeronautical nature or to obligate the grantee to furnish any particular nonaeronautical service at the airport. D. The grantee shall, insofar as it iwithin its powers and to the extent reasonable, adequately clear and protect the serials approach to the airport. The grantee will, either by the acquisition and retention of easements or other interests in o rights for the use of land airspace or by the adoption and r enforcement of zoning regulations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the approach areas of the runways of the Airport which would constitute an obstruction to air navigation according to the criteria or standards prescribed in Part 77 of the Federal Aviation Regulations, as applicable, according to the currently approved airport layout plan. In addition, the grantee will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the Airport, in any portion of a runway approach area in which the grantee has acquired, or may hereafter acquire, property interest permitting to so control Yeaf the a de of the surface of the land. Insofar as is within its Power and to the extent reasonable the grantee will take action to restrict the use of the land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations including landing and take -off of aircraft. E. The grantee will operate and maintain in a safe and serviceable condition, as deemed reasonably necessary by the administrator of the FAA, the airport and all facilities thereon nd connected therewith which are necessary to service the aeronautical users of the airport other than facilities owned or controlled by the United States and will not permit any activity thereon which would interfere with its use for airport purposes: Provided, that nothing contained herein shall be construed to require that the airport be operated for aeronautical uses during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance, repair, restoration or replacement Of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition Or circumstance beyond the control of the grantee. F. That the grantee will make available all facilities of the airport developedtch Me or withFederalaiproperty dandescribed dall thherein i eUsableforotheelanding and taking off of aircraft to the United States at all times, without charge, for use by aircraft of any agency of the United States in common with other aircraft, except that if theuse by aircraft of any agency of the United States in common with Other - aircraft, is substantial, a reasonable share, proportional to such use, of the cost of operating and maintaining facilities ao used, may be charged; and unless otherwise determined by. the FAA, or otherwise agreed to by the grantee and the using Federal agency, substantial use of an airport by United states aircraft will be considered to exist when operations of such aircraft are excess of those which, in the opinion of the FAA, would unduly interfere with use of the landing area by other authorized aircraft or during any calendar month that (1) either five(s)or more aircraft of any agency of the United states are regularly based at the airport or on land adjacent thereto, or (2) the total number of movements (counting each landing as a movement and each take -off as a movement) of aircraft Of any agency of the United States is 000 or more, or (3) the gross accumulative weight of aircraft of any agency of the United States using the airport (the total movements of Such Federal aircraft multiplied by gross certified weights thereof) is in excess of five million Pounds. G. That during any national emergency declared by the President Y the UNITED STATES OF -AMERICA or the Congress thereof, including any existing national emergency, the Government shall have the right to make exclusive or nonexclusive use and have exclusive or nonexclusive control and possession without charge, of the airport, or such portion thereof as it may desire, provided, however, that the Government shall be responsible for the entire cost of maintaining such part of the airport as it may use exclusively, or aver which it may have exclusive possession or control, during the period of such use, possession, or commensuratecontrol, and shall Obligated be withthe usemContribute reeO made by it,ofthecostf maintenance of such property as it may use nonexclusively or over which it may have nonexclusive control and possession: Provided, further, that the Government shall pay a fair rental for its use, control, or possession, exclusively or nonexclusively, of any improvements to the airport made without United States aid and never Owned by the United states. H. The grantee does hereby release "a Government, and will take whatever action may be required by the Administrator of the FAA to assure the complete release of the Government from any and All liability the Government may be under for restoration or Other damage under any lease or other agreement covering the use by the Government of the airport, or part thereof, owned, controlled or operated by the grantee, upon which, adjacent to which, or in connection with which, any property transferred by this instrument was located or used. 1. That whenever so requested by the FAA, grantee will furnish without cost to the Federal Government, for construction, Operation and maintenance of facilities for air traffic control activities, or weather reporting activities, or communication activities related to air traffic control, such areas of the property described herein or rights in buildings on the airport at which the property described herein is located, as the FAA may consider necessary or desirable for construction at Federal expense of space or facilities for such purposes, and the grantee will make available such areas or any portion thereof for. the Purposes provided herein within 4 months after receipt of written request from the FAA, if auch are or will be available. J. The grantee will: (1) furnish the FAA with annual or special airport financial and operational reports as may be reasonably requested using either forms furnished by the FAA or in such maser as it elects so long as the essential data are furnished, and (2) upon reasonable request of the FAA; make available for inspection by any duly authorized representative of the FAA the airport, at which the property described herein is located, and all airport records and documents affecting the Airport, including deeds, leases, operation and use agreements, regulations, and other instruments and will furnish to the FAA a true copy of any such document which may be reasonably requested. A. And, that the grantee will not enter into any transaction Which would operate to deprive it of any of the rights and powers necesary to perform or comply with any or all of the covenants and conditions set forth herein unless by such transaction the Obligation to perform or comply with all such covenants and onditions is assumed by another public agency found by the FAA to be eligible as a public agency as defined in the Airport and Airway Development Act of 1970 to assume such obligation and have the power, authority, and financial resources to carry out all such obligations and, if any arrangement or operation of the Airport by an agency or person other than the party of the second part, it will reserve sufficient rights and authority to insure that such Airport will be operated and maintained in accordance with these covenants and conditions, any applicable Federal statute, and the Federal Aviation Regulations. - L. And, that the grantee will keep up to date at all times an airport s yout map of the Airport at which the property described herein i located showing: (a) the boundaries of the Airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the grantee for airport Purposes and proposed additions thereto; (b) the location and nature of. all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extension and reductions of existing airport facilities; (c) the location Oexisting f all existing and proposed nonaviation areas and of all made thereof and such airportlayoutvmapnand each amendmentts thereon and , e revision or modification thereof, shall be subject to the approval of the FAA, which approval shall be evidenced by the signature of a duly authorized representative of the FAA on the face of the airport layout map, and the grantee will not sake or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the airport layout map as so approved by the FAA, of such changes or alterations might adversely affect the safety, utility, or efficiency of the Airport. M. And, net if at any time it is determined by the FAA that there is any outstanding right or claim of right in or to no Airport property, described herein, the existence of which creates an undue risk of interference with the operation of the Airport or the performance of compliance win covenants and conditions set forth herein, the grantee will acquire, extinguish, or modify such right or claim of right in a manner acceptable to the FAA. N. That in the event that any of the aforesaid terms, conditions, reservations, or restrictions are not met, observed, or complied win by the grantee or any subsequent transferee to perform any of the obligations herein set out, or otherwise, the title, right of possession and all other rights transferred by this instrument to the grantee, or any portion thereof, shall at the opexistition of the grantor revert to the grantor in its nen date uon demandntocond thistion effectxis made Administpratorwhich riof the FAA or his successor in function, unless within said sixty (60) days such default or violation shall have been cured and all such terms, conditions, reservations and restrictions shall have been met, observed, or complied win, in which event said reversion shall not occur and title, right of possession, and all other rights transferred hereby, except such, if any, as shall have previously reverted, shall remain vested in the grantee, its transferees, successors and assigns. O. That if the construction as covenants of any of ne foregoing reservations and restrictions recited herein as covenants or the application of the same as covenants in any particular instance is held invalid, no particular reservation Or restrictions in question shall be construed instead merely as Upon the breach Of which the Government may exercise its option to cause the title, interest, right of possession, and all other rights transferred to the grantee, or any portion thereof, to revert to it, and the application of Inch reservations or. restrictions as covenants in any other instance and the construction of the remainder of such reservations and restrictions as covenants shall not be affected thereby. 3. License No. DACA51-3-83-84 issued by the Department of the Air Force to the State of Maine for an indefinite term commencing 12 February 1983 to use and occupy 118.16 acres of land, more or less, together win buildings and. improvements thereon, for year-round training and support of the Maine Air National Guard. 4. License No. DACASI-3-92-50 issued by the Department of the Air Force to the State Of Maine, Bureau of veterans services for a period of five (5) years commencing 25 July 1991 and ending 24 July 1996 for use of 482 square feet of space in Building No. 487. S. Any state of facts that may be disclosed by a physical .examination. 6. Any state of facts that an accurate and adequate survey of the premises may disclose. 7. Existing easements for public roads and highways, public utilities, railroads, and pipelines if any; or any other matter recorded in the place Of official registration of deeds for this property. a. Unrecorded rights which may exist in third parties for roadways, easements, or any matters not of record. Pursuant to the Community Environmental Response Facilitation Act (CERFA), Public Law 102-426, the United States covenants that it will conduct any corrective action necessary to remediate any environmental contamination on the subject property which is shown to have been caused by the United states prior to the present transfer of the property. For reference to title of the United States of America see deed from Louise A. Forbes and Robert M. Forbes to the United States Of America, dated December 1, 1942, and recorded at Book 1189, Page 22 of the Penobscot County Registry of Deeds. Ibis Indenture is executed and delivered to the said grantee, and to the successors and assigns of same, without any warranty, guarantee or covenants, of any kind whatsoever, either express or implied. IN WITNESS WEEREOF, the UNITED STATES OF AMERICA, acting by and through the ADMINISTRATOR OF GENERAL SERVICES, has caused these presents to be executed as a sealed instrument in its name and behalf this � day of 1996. UNITED STARE'S OF AMERICA Acting By and Through The ADMINISTRATOR OF THE GENERAL SERVICES MMINISTRATION By: ert J punf Cr. WITNESSES: Regional Admin r General Services Administration 10 Causeway street et c�AJe: b Boston Massachusetts 02222 ' Accepted On behalf Of the City Of Bangor by its duly authorized and empowered representative: By: Edgard A. Barnett (Please Pr nt Name) WITNESSES: City Manager (Title) ACKMONIADGEMEST CORMOHWEALTU OF MASSACHUSETTS) COUNTY OF SUFFOLN ) SS. In Boston, in said County and State, on this 6� day of �y-& , 1996, before me personally appeared Robert J. Dunfey, Jr` .Regional Administrator, General Services Administration, Boston, Massachusetts, duly empowered and authorized and delegated by the Administrator Of General Servicesthe fore, to me known, and known by me to be the party executing going instrument and acknowledged said instrument by him duly executed, to be the free act and deed of the UNITED STATES OF AMERICA, by him in his capacity as Regional Administrator, General Services Administration, Boston, Massachusetts. navxd O. OMeile Notary Public My Commission Ezpirea: October 7, 1599 DAVID G.GNERLEN �p NOTARY PUE`Y�.t'SC ACKNOWLEDGEMENT STATE aJOE NOBSC ) COUNTY OF PENOBSCOT ) BE. of In B= in said County and State, on this 27th da Pct , 1996, before me personally appeared y known andknown • duly empowered and authorized, to me instrument and acknowledged saito be thpttSthe rdung dduly byhim/herly executed, to be hie/her free act and deed, in his/her capacity as =-y fao Notary P �' ub(RI l— yc y My Commission Expiresea:l2/23/96 10 BANGOR INTERNATIONAL AIRPORT, MAINE PERIMETER DESCRIPTION SCHEDULE A TRACT NO. 42 (PORTION) - PARCEL NO. 5 Beginning at an iron pipe in the extreme northerly corner of the herein described parceL Of Land, said pipe having coordinates Of Orth 357,660.91 east 417,312.00 in the Maine Coordinate System, East Zone) Thence running South 450 34' 17" East 353.87 feet to an iron Pipe, South 440 25. 43" nest 345.00 feet to an iron pipe, North 450 34' 17" West 353.87 feet to an iron pipe and North 44 25' 43" East 345.00 feet to the point of beginning. Containing 2.80 acres of Land, more or Less.