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HomeMy WebLinkAbout1995-12-11 96-49 RESOLVECOUNCIL ACTION Item No. 96-49 Date December 11 1995 Item/Subject: Ratifying Execution of Amendment NO. 1 to Grant Agreement -- Maine Dept. of Transportation Project No. SAIP11. 4003-16(25)R -- Bangor International Airport Responsible Department: Legal The attached Resolve is self-explanatory. Department Head �fi • l ��%I ui�L�l�` iso`:'' Associated Information: Resolve, C.O. 93-387, Letter dated October 18, 1995 and attached Amendment No. 1 —.Budget Approval: Legal Approval: Ct� Pins en a Detector City SM, W Introduced For CONSENT AGENDA _ Passage First Reading Referral Page of j 96-49 Assigned to Councilor Baldacci December 11, 1995 0 CITY OF BANGOR MME.) gC001138;... Ratf£xi^x Executi�.66on of Amendment No. 1 to Grant Agreement -- Maine Dept. of Transportation Project No. SAIP11.4003- 16(25.1&..=r....&Al!89.b._Inj;.JJ tl.9A1LA1h'p3.r,....... _........ .... .... .................. _.._......._.._.... By tM Cip Cwnait of W IXN ofBmxPX: BBSOLVF.D, wHERRAS, by virtue of Council Order 593-387, on August 9, 1993, the Bangor City Council authorised the acceptance of a grant from the State of Maine Department of Transportation; and wRRRRAS, the grant was in the amount of $57,573 as the State's share of various capital improvements at Bangor International Airport, including the construction of commuter ramp expansion and the construction, marking and lighting of a relocated helicopter taxiway; and WHEREAS, the Airport Director has recently been notified that the State's share in the improvements was increased to $60,418.51 on June 13, 1995; and WHEREAS, the amendment document has been executed by Ronald L. Roy, Director of the Air Transportation Division, Maine Department of Transportation, and needs only the signatures of appropriate City staff, NOW, THEREFORE, by the City Council of the City of Bangor, be it RESOLVED, THAT the City Manager's execution of Amendment No. 1 to the Grant Agreement with the State of Maine Department of Transportation Project No. SAIP11.4003-16(25)R, increasing the State's share of various capital improvements at Bangor international Airport as described in the original Grant Agreement is hereby ratified. IN CITY COUNCIL December ll, 1995 96-49 Passed RESOLVE CITY CLERK Ratifying Execution of Amendment No. I to Grant Agreement - epC. o Transportation Project No. SAIP11.4003- 16(25)B - Bangor International Airport p.001 f. CWNOtS Ce...auwe, 96-49 STATE OF MAINE DEPARTMENT OF TRANSPORTATION IRANS TAW*t BUWNG STATE HO,X STATION b MW57A. MANE 04033-0016 GRANTAGREEMENT PART I - OFFER Date of Offer QO,,S Project No. SAIP11 4003-16(25) Bangor International Airport TO:Bev (Hereinafter referred to as the "Sponsor") FROM: The State of Maine (acting through .the Department of Transportation, Air Transportation Division, hereinafter referred to as the "Department") WHEREAS, the Sponsor has submitted to the Department a Project Pre -application or Request for Aid involving a grant of State funds for a project for the acquisition, construction, establishment, safety, expansion, improvement or protection of the Bangor international Airport (hereinafter called the "AirporC',) WHEREAS, the Department has approved a project based upon this request for development of the Airport (hereinafter called the "Project") consisting of the following described airport development: Construct commuter ramp expansion (approx. 16,000 ay) and a mtruct, murk, and light relocated helicopter tosiway (approx. 30' x 365'). NOW THEREFORE, pursuant to and for the purposes of carrying out the provisions of 6 M.R.S.A. §17.1, 17.9 and §18.1, and in consideration of (a) the Sponsor's acceptance of this offer, as hereinafter provides, and (b) the benefits to accrue to the public from the accomplishment of the Project and the operation and maintenance of the Airport, as herein provided. THE MAW DEPARTMENT OF MANSPORTATI N 5 AN ARPMAThE ACTON EQUAL gVORTIINITT EMhOYFR 96-49 THE DEPARTMENT, FOR AND ON BEHALF OF THE STATE OF MINE HEREBY OFFERS AND AGREES to pay, as the State's share of costs incurred in accomplishing the project, 5% per cent of all approved project costs, subject to the following terms and conditions: 1. The maximum obligation of the State payable under this Offer shall be: $ Fifty -Seven Thousand Five Hundred Seventy -Three ($5), 5I3.Q0) Dallas ana 00/100. 2. The Sponsor shall -- a. Begin accomplishment of the Project within a reasonable time after acceptance of this Offer, and; b. Carry out and complete,the Project in accordance with the terms of this Offer, and: C. Carry out and complete the Project in accordance with the plans or sketches and specifications as approved by the Department or s they may be revised or modified with the approval of the Department, and; d. Take necessary legal action to revoke any and all existing non -aeronautical rights Of way or encumbrances across the landing strip and prevent the issuance of any further such permits of rights of way to cross said strip, and; e. Pursuant to 6 M.A.S.A. operate and maintain the Airport and all facilities thereon or connected therewith which are necessary for airport purposes, and not permit any activity thereon which would interfere with its use for aeronautical, purposes except with the prior written approval of the Department, and; f. Operate the Airport for the use and benefit of the public on fair and reasonable terms without unjust discrimination, and g. Insofar as is within its power and reasonably possible, the Sponsor will prevent the use of any land either within or outside the boundaries of the Airport in any manner (including the construction, creation, alteration, or growth of any structure or other object thereon) which would create a hazard to the landing, taking off, or maneuvering of aircraft at the Airport, or otherwise limit the usefulness Of the Airport. I. The Sponsor certifies that it holds property interests in the areas at land which are to be developed or used as a part of or in connection with the Airport. 4. The Sponsor shall keep an accurate accounting of all costs incurred on the Project and submit a copy of such counting to the ➢apartment upon its request for reimbursement of such costs by the Department. 96-49 S. This Offer shall expire and the State shall not be obligated to pay any of the casts of the Project unless this Offer has been accepted by the Sponsor within sixty (60) days from the above date of Offer or such longer time as may be prescribed by the Department in writing. 6. no Sponsor agrees to conscientiously perform preventative maintenance on the completed project and to make no application for State funds for repair or replacement of the Project as a result of failure to perform such maintenance. The Sponsor's acceptance of this Offer shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided and said Offer and acceptance shall comprise a Grant Agreement constituting the obligations and rights of the State and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor'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 ten (10) years from the date of said acceptance. STATE OF MAINE Department of Transportation/ Air Transportation Division By D tar 96-49 The City of Bangor 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 of the terms and conditions thereof. Executed this 0-fik day of Asy UCT— 19.23. City of Bangor C/�) Ease oof/Sponsor (SEAL) BY / ag=A ,J ✓ C/&hl,/ Title 6 4 Attest( Title lcity Clark CERTIFICATE OF SPONSOR'S ATTORNEY I, cr.mn£cl acting as Attorney for the rity of Ranger (herein referred to as "Sponsor") do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said sponsor relating thereto, and find that the Acceptance thereof is in all respects due and proper and further that, in my opinion, said Grant Agreement constitutes -a legal and binding obligation of the Sponsor in accordance with the terms. Dated at Bangor, Maine this 10th day of August , 19 93, E r✓C so I' U lWv Erik Scumpfmp£el el City Solicitor Title 95-49 , CFAIIFIQ2ION OF MUNICIPAL VOTE TO ACCEPT STATE FUNDS Roasall J be kap the duly authorized Clerk for the IPlease FT nt nr D/pe) is lGaLe( a Bangor hereby certify that -he MuA(Please Print or Type)' '.itV voted a June 28, 1991 legislative body cE,che mun _c a. ace,c the -.Ileo_ _ oria<0b_ ._a !=45 du --ns the `._cz- , es- Seeir_!:i July 1. 1993. - Check all a tagories included in the above voce. 1. municipal Revenue Sharing X <cal Road Aas!starcu .cv=..iac_ud.oSss ] - - ¢hcx9:::..au �.._ przperro• taxrelief) X A. public Lihrary State Aid per Capita R_t.-- _narcen . Finds--sargdn hanaeenent Ascts-znn. - % 5. Snow -mobile Re9ieeratien "rev X 7. Fred cvth Reimbursement R 6. General Agsiscance Reimbursement X 9. Veterans Exemption Reimbursement X 10. State Grants or Other Funds (2Dfa category includes all fundse ea ved from the Start that a includedin its,, 3 hcaugh 9 above.) [ Dated: June 29, l9 93 8f6ned; icir -- dlark PLFASE SEND BY JUNE 30 -- - T0: C/ohUSSIONER (I£ action is taken afterDEPT. 0Y AEHINISIAATM AM1 June 30, send certifidetien FINANCL EEAVILE9 as goon as possible.) STATE HOUSE STATION 978 AUGUSTA, M 04333 PLLISE BE SURE TO REEF A COPY OF TEIS PORN FOR YOUR RECORDS 96-49 STATE OF MAINE DEPARTMENT OF TRANSPORTATION TRANSPORTATION BUILDING STATE HOUSE STATION 16 AUGUSTA, MAINE 04333-0016 October 18, 1995 OHM G. fLA OSfI Mr. Bob W. Ziegelaar, Airport Manager Bangor international Airport � v 287 Godfrey Boulevard Bangor, Mine 04401 ' Dear Mr-'.�egelaar: I am pleased to advise you that on June 13, 1995 the State's share to construct commuter ramp expansion (approx. 16,000 By) and construct, mark, and light relocated helicopter taxiway (approx. 30' x 365') at the Bangor International Airport was increased to $60,418.51. Enclosed please find art original and one copy of Grant Amendment No. 1 for the Project No. SAIP11.4003-16125)R. Page 2 of the Amendment should be completed by the City of Bangor and the original Grant Amendment and Acceptance returned to this office. Should you have any questions or comments, please let me know. Since y R al�t� L. X Director Transportation Division RI,R:nl Roble. cc: FAA, Planning a Development Branch STATE OF MAINE 96-49 DEPARTMENT OF TRANSPORTATION TRANSPORTATION BUILDING STATE HOUSE STATION 16 AUGUSTA, MAINE 04333-0016 JOHHN'0. MFIAOSEI AMENDMENT NO. 1 TO GRANT AGREEMENT Project No. SAIP11.4003-16(25)R Bangor International Airport WHEREAS, the State of Maine (acting through the Department of Transportation, Air Transportation Division, hereinafter referred to as the *Department") has determined it to be in the interest Of the State that the Grant Agreement between the Department and the city 06 Bangor (hereinafter referred to as the "Sponsor ^), accepted by said Sponsor an the loth day of August / 1993 , to be amended as hereinafter provided. NOW THEREFORE, WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the Department, on the one part, and the Sponsor, on the other part, do hereby mutually agree as follows: That the project description appearing on Page 1 of the Grant Agreement is deleted and the following substituted in lieu thereof: Construct c amutar ramp expansion (approx. 16,000 ey) and construct, mark, and light relocated helicopter taxiway (approx. 30' x 3651). The Department hereby offers and agrees to pay, as the State's share of the allowable costs incurred in accomplishing the project, 50 $ of such costs. The maximum obligation of the State1tliWiB+JxWt $ 2,845.51 96-49 't Project No. SAIP11.4003-16(25)8 Bangor International Airport IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to be duly executed as of the day of _December , 19y5. STATE OF MAINE Department of Transportation/ Air Tr rt ion Division By D1 e5 or CITY OF BANGOR (Seal) Sponsor Attest 1 CBy /n /gyp Barrett Title_ ` � l XZr.I. Title City Manager CERTIFICATE OF SPONSOR'S ATTORNEY 1, Erik M. Stumpfel acting as Attorney for the City of Bangor (herein referred to as "Sponsor^) do hereby certify: That I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof is in all respects due and proper and further that,in my opinion, said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Bangor, ME this day of Decemoer 1995 . City Solicitor Title MEMORANDUM December 15, 1995 T0: Russell McKenna, City Clerk PROM, Erik M. Stumpfel, City Solicitor RE: Maine DOT Grant Agreement Prosect No. SAIP1I.4003-16(25)R Pursuant to Resolve No. 96-49 passed by the Bangor City Council on December 11, 1995, enclosed please find anriginal "Amendment No. 1 to Grant Agre ent", which has been signed by appropriate City staff. This may be filed in your permanent records. The second original has been foxwarded to the Airport so that they can send it directly to the Augusta DOT office. g E. S. red Enclosure pc: Bob Ziegelaar, Airport Director (w/o enclosures) STATE OF MAINE DEPARTMENT OF TRANSPORTATION TRANSPORTATION BUILDING STATE HOUSE STATION 16 AUGUSTA, MAINE 04333-OD16 3 BEV 18 P127 !' CE EG CITY gFRN'� AMENDMENT NO. 1 TO GRANT AGREEMENT Project No. SAIP11.4003-16(25)B Bangor International Airport WHEREAS, the State of Maine (acting through the Department of Transportation, Air Transportation Division, hereinafter referred to as the ^Department") has determined it to be in the interest of the State that the Grant Agreement between the Department and the city of Bangor (hereinafter referred to as the "Sponsor-), accepted by said Sponsor on the loth day of August , 1993 , to be amended as hereinafter provided. - NOW THEREFORE, WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the Department, on the one part, and the Sponsor, on the other part, do hereby mutually agree as follows: That the project description appearing on Page 1 of the Grant Agreement is deleted and the following substituted in lieu thereof: Construct comm,ter ramp expansion (approx. 16,000 ay) and construct, mark, and light relocated helicopter taxinay (approx. 30' x 3651). The Department hereby offers and agrees to pay, as the States share of the allowable costs incurred in accomplishing the project, 50 % of such costs. The maximum obligation of the State is7 % $ 2,845.51 JOHN G. MFIP O SFI Canna,, STATE OF MAINE DEPARTMENT OF TRANSPORTATION TRANSPORTATION BUILDING STATE HOUSE STATION 16 AUGUSTA, MAINE 04333-OD16 3 BEV 18 P127 !' CE EG CITY gFRN'� AMENDMENT NO. 1 TO GRANT AGREEMENT Project No. SAIP11.4003-16(25)B Bangor International Airport WHEREAS, the State of Maine (acting through the Department of Transportation, Air Transportation Division, hereinafter referred to as the ^Department") has determined it to be in the interest of the State that the Grant Agreement between the Department and the city of Bangor (hereinafter referred to as the "Sponsor-), accepted by said Sponsor on the loth day of August , 1993 , to be amended as hereinafter provided. - NOW THEREFORE, WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the Department, on the one part, and the Sponsor, on the other part, do hereby mutually agree as follows: That the project description appearing on Page 1 of the Grant Agreement is deleted and the following substituted in lieu thereof: Construct comm,ter ramp expansion (approx. 16,000 ay) and construct, mark, and light relocated helicopter taxinay (approx. 30' x 3651). The Department hereby offers and agrees to pay, as the States share of the allowable costs incurred in accomplishing the project, 50 % of such costs. The maximum obligation of the State is7 % $ 2,845.51 5 Project No. SAie11A003-16(25)e Bangor International IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to be duly executed as of the 15th day of_llecemB ,, is Qs. STATE OF MAINS Department of Transportation/ Air Tra �rtation Division By D1 e� or CITY OF BANGOR (Seal) Sponsor Attest �a I� Tette Title L itx CERTIFICATE OF SPONSOR'S ATTORNEY 1, Erik M. Stumpfel acting as Attorney for the City of Bangor (herein referred to as "Sponsor") do hereby certify: That I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof is in all respects due and proper and further that, in my opinion, said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Bangor. ME thisF_� day of d;Ec€ogjp ; 1995 VVCity So iieitor Title