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
........
.......,....................
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��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.