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Home My WebLink About1992-11-09 93-05 ORDERCOUNCIL ACTION Item No. _ na-s— Date November 9. 1992 Item/Subject: Authorizing Execution of Maine DOT Grant Agreement for Project No. SAIP11.4003-13(24) -- Stormwater Retention Basin Responsible Department: Legal Commentary: This item would authorize the City Manager to execute a Grant Agreement with the Maine Department of Transportation accepting funds for the construction of a DEP-mandated stormwater retention basin at the Airport. The amount of the Grant Offer representing the State's share in the project is $14,556.00. l Manager's Comments: 0� Associated Information: order, Grant Agreament, Letter to Bob Z Finance Director RACity Sol'itor introduced For X Passage First Reading Referral Page I Of a M gmd to Counder Seri November 9. 1992 CITY OF BANGOR (TITLE.) VHrber-_.......-.. Authorizing -Execution .. of -State -of, Maine Dept, of Transportation Grant Agreement (Part i - Offer) for Project No. SAIP11.4003-13(24) -- Stormwater Retention Basin Construction BY City'LOu"OU of ds C(W of B4m . - ORDERED, THAT Edward A. Barrett, City manager, is hereby authorized to execute Part 1 of a State of Maine Department of Transportation Grant Agreement [Project No. SAIP11.4003-13(24)] a copy of which is on file in the City Clerk's Office. Said Grant Agreement in the amount of $14,556.00 represents the State's five percent (58) share of the cost of constructing a DEP nandated stormwater retention dam/pond at Bangor International Airport. 93-5 O RUER In City council November 9, 1992 Passed Title, Autbotlzing Pxecution of State Of Maine Dept. of Transportation Grant Agreement K"'i (Part I Offer) for Project No. CIry clerk V ................. .... SAIPIl��Q03-13 5 Retention basi��(ptJ�: jn Aeripnd to ..... .. .......unci Councilmen H STATE OF MAINE DEPARTMENT OF TRANSPORTATION mnvsaaaANON XWNG STATE HOOSE STATION 16 AWISTA, MAINE CG20J-0M6 w,w f.CMW[ammiawm, October 21, 1992 Mr. Bob Ziegelaar, Airport Manager Bangor International Airport Bangor, Maine 04401 Dear Mr. Ziegelaar: I am pleased to advise you that on October 20, 1992, Dana F. Connors, Commissioner MEET approved your request for State funds and allocated $14,556.00 as the State's share to construct stormwater retention basin at the Bangor International Airport. Enclosed please find an original and one copy of a Grant Agreement for the Project No. SAIP11.4003-13(24). You will also find enclosed a copy of the form for "Certification of Municipal Vote to Accept State Funds^, as required by Title 30-A, MRSA, Section 5682. Part II - Acceptance and the Certification of Municipal Vote should be completed by the City of Bangor and the original grant offer certification and acceptance returned to this office. Should you have any questions or comments, please let me know. Sincerely, � xl .� , Director A'r Transportation Division RLR: nl Encls. cc. William Cronan, FAA RECFNEO OCT 2 3 1992 ppw v. CM mm swn 93-5 STATE OF MAINE DEPARTMENT OF TRANSPORTATION TAAN5POVX N WLU% SWE NO05E STATION In A LSTA.MNNE 04=-0016 �I PART I - OFFER Date of Offer /90_4_s� db, J97,9� Project No. SAIPI1.4003-13(24) Bangor International Airport TO: C'tv of Be ao[ (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 'Departments) 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 Incexvational Airport (hereinafter called the "Airport^.) 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 stormweter retention basin. NOW THEREFORE, pursuant to and for the purposes ofcarrying 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. RIE MAINE CEPAR N OF MANSF(MTATION 15 AN AFF I TW ACTON -E OPPOI MT EM%.O1'ER 93-5 TIB: DEPARTMENT, FOR AND ON BEHALF OF TNB STATE OF MAINE HEREBY OFFERS AND AGRRES 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: $Fourteen Thousand Five Hundred Fifty -Six ($14,556.00) Bol ats and 00/1e0. The Sponsor shall -- a. 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 as they may be revised or modified with the approval of the Department, and,r 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 N.R.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. 3. The Sponsor certifies that it holds property interests n the areas of 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 accounting to the Department upon its request for reimbursement _ of such costs by the Department. 93-5 5. This Offer shall expire end the State shall not be obligated to pay any of the costs 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. The 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 acceptanceof this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in airy event not to exceed ten (10) years from the Hate of said acceptance. STATE OF MAINE Department of Transportation/ Air Transportation Division By p rector 93-5 The 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 day of (SEAL) Name of Sponsor cSRTIFIOATE OF SPONSOR'S ATTORNEY 19 I, , acting as Attorney for the (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 __.. this day of , 9}5 CERTIFICATION OF MUNICIPAL VOTE TO ACCEPT STATE FUNDS I, , the duly authorized Clerk (Please Print or Type) for the municipality of , hereby (Please Print or Type) certify that the legislative body of the municipality voted on , 19_ to accept the following categories of State funds during the fiscal year beginning , ls_ Check all categories included in above Vote: 1. Municipal Revenue Sharing _ 2. Local Road Assistance 3. State Aid to Education (including Federal pass-through funds and property tax relief) _ 4. Public Library State Aid per Capita _ 5..Civil Emergency Funds (Emergency Management Assistance) _ 6. Snowmobile Registration Money _ 7. Tree Growth Reimbursement _ B. General Assistance Reimbursement _ 9. Veterans Exemption Reimbursement X 10. State Grants or Other Funds (This category includes all funds received from the State that are not included in items 1 through 9 above.) Dated: , 19_ Signed: Municipal Clerk