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