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HomeMy WebLinkAbout1990-08-13 90-288 ORDERDene August 13, 1990 Item No. 90-288 Item/Subject: Authorizing Acceptance of state Funds - Bangor International Airport Responsible Department: Airport - Cemncentary: The purpose of this Order is to authorize the City Manager to accept state Funds in the amount of $90,463. under the Federal Airport Improvement Program for the purposes of rehabilitating taxiway shoulders (approx. 120,000 BY); install general aviation apron lighting; install taxiway guidance signs; rehabilitate airfield lighting control system; upgrade runway surface condition sensor system; isntall security fencing (approx. 20,000 LF); acquire plow truck with 22' plow and sander. Project No. 11.2003-10(21). - OegnmeM Hw6 . Manager's Comments: ((I7K4a - W 'KJn H IV 0{N OnNMtanX 11 uQm�X l.43 U np a Cary Mvwger Associated Information: Budget Approval: t Dmw Legal Approval: acr Caymines. Introduced For Fsage " First Reading Pcge_ of L1 Referral 90-288 Assigned to Councilor Stone, August 13, 1990 CITY OF BANGOR (rITLE.) (DrbfTf... Authorizing Execution a£ Grant Agreement, With Maine Iepart:ment £.,T_ansp t tion, --Bangor international Airport Project No. 11.2003-10(21). By the GUY Costal Of GUY Of Reeser. ORDERED, TBIT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, to execute a Grant Agreement, with the State of Maine, Department of Transportation, for the State's share for the following projects: Rehabilitate taxiway shoulders (approx. 120,000 BY); install general aviation apron lighting; install taxiway guidance signs; rehabilitate airfield lighting control system; upgrade runway surface condition sensor system; install security fencing (approx. 20,000 LFI; acquire plow truck with 22' plow and sander. IN CITY COUNCIL August 13, 1990 Pe CITY LEM 9G-zgg ORDER Title, Authorizing Execution of Great Agreement with Maine Department of Transportation - gauger ....IntatoatkvnL A apott n. -lett No...11. 2003-10(31) Assigned ........��5c4mc............ Councilmen MEMO T0: Russ McKenna, City Clerk FROM: Tarri Corey, Legal Dept. RE: Council Order %90-287 Passed August 13, 1990 September 19, 1990 Enclosed please find an executed Easement between the City of Bangor and Bangor Hydro -Electric for a pole and other equipment to be located on Griffin Road near Fuller Road at BIA. Although the Council Order didn't say that a copy was to be filed with you, I thought you might want to put one with the Order in case a question arises in the future. fT T. C. KNOW ALL MEN BY THESE PRESENTS, That, City of Bangor, a municipal Corporation, located in Bangor, in the 'County of Penobscot, and State of Maine, being the owner in fee simple of certain lands located in the city of Bangor, County of Penobscot, State of Maine, and described as follows, viz: Being a portion of the premises conveyed by United States of America to the Grantor herein by deed dated December 18, 1968, and recorded in the Penobscot County Registry of Deeds in Book 2148, Page 677 for consideration given by BANGOR HYDRO -ELECTRIC COMPANY, a corporation organized and existing under the laws of the State of Maine and having its Principal place of business at 10 State Street, Bangor, County of Penobscot, State of Maine, the receipt whereof is hereby acknowledged, does hereby give, grant and convey to said Bangor Hydro -Electric Company, its successors and assigns forever, the rights, privileges and easements to construct, maintain, operate and upgrade from time to time On said lands, for utility purposes, a line consistingres and of one sub pole, anchor and guy wires with the necessary the southwesterly bound ofdu theoldoFallerle to bRoadcanddtheanorthwesterly bound of the extension of the Griffin Road the location of said stub being further tlascribed as 47 feet northwesterly from a southwesterly extension of the centerline of the Griffin Road and 520 feet southwesterly from a northwesterly extension of the centerline of Nevada Avenue; with the right to attach an aerial guy wire to said stub pole and to existing utility pole $2 located in and along the extension of the Griffin Road; with the right to clear and dispose of interfering trees and other growth from time to time, with permission to enter upon the said lands for the above purposes; successors and assigns sfurther granting to said Bangor Hydro -Electric Company, its the power to assign to others, in whole or in part, any or all of the rights, privileges and easements herein set forth. This easement is granted upon the condition that if the Grantor herein, its successors and assigns, requests the Bangor Hydro -Electric Company, its successors and assigns, to relocate its facilities on said premises, then the said Bangor Hydro -Electric company, its successors and assigns, will relocate its facilities within a reasonable amount of time after receipt of such request, provided however that said relocation shall be to a location that is mutually agreeable to the Grantor and Grantee herein, that the Grantor shall grant a similar easement for the new location to the Grantee and that said relocation shall be at the Grantor's expense. At such time that the relocation occurs, the Grantee shall release this easement to the Grantor. The Grantor for itself, and its successors and assigns, covenants and agrees to and with the Grantee, its successors and assigns, that it will not erect or maintain or permit the erection or maintenance of any building, trailer, mobile home, swimming pool, or other structure, of any kind o nature, within SO feet of said line, any or all of which in the opinion of the Grantee, its successors and assigns, would endanger or interfere with the e exercise f any of the rights, privileges and easements hereby conveyed. TO HAVE AND TO L Bangor Hydro -Electric CCompany, the its isuccessorsian0eaassigns, forever. said IN EREOF ity of Banor has caused instrument NtoSbeHexecutedtbytitssduly aid Cauthorized9representative this this lath ,day of September , 1990. Cit of Bangor By: d Ed Ward A. Barrett City Manager STATE OF MAINE County of Penobscot, se: 'September 48 1990. Personally appeared the above-named Edward A. Barrett and acknowledged the foregoing instrument to be his free act and deed and the free act and deed Of said City of Bangor. Before me, � Notary Public Print Name of Notary: My Commission expires 12-22-96 90-288 STATE OF MAINE DEPARTMENT OF TRANSPORTATION TRANNXXITKNM' DLLgNS STATE HOU PE STATN 16 MIGUAA, MANE 04333 NA f. COggPIo-nmuuan,r GRANT AGREEMENT PART I - OFFER Date of Offer pn / d Project No. 11.2003-10(21) Rvgon DotexnStirsal Airport TD: City of Bangor (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 latzmatiolal 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 t developmenor Resholitate taxiway shoulders (approx. 120,000 SY); install general aviation apron lighting; install taxiway guidance signs; rehabilitate airfield lighting control system; upgrade runway surface condition sensor system; install ecurity fencing (approxi 20,000 LF); stamina plot truck with 22' plea and sander. NOW TMEREFORE, 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 MAINE DEPARTMENT Cf TRAMPJRDT" IS AN Am RMATNE CCINMV-fflWL ( PTRTUMTY EMR R THE DEPARTMENT, FOR AND ON BEHALF OF THE STATE OF MAINE 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: $Ninety Thousand Four Hundred Sixty -Three ($90,463.003 Dollard and 00/100. 2. The Sponsor shall -- a. Begin acomplishment 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; d. Take necessary legal action to revoke any and all fisting nn - eronautical 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 6M.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 o 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 in the areas of land which are to bedevelopedor used as a part of or in connection with the Airport. 4. The Sponsor shall keep ancurate accounting of all r 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. 5. This Offer shall expire and 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 0£fer 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 became 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/ /Airr Transportation Division By ir[[� DSL ctOr PART II ACCEPTANCE 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 Name of Sponsor (SEAL) CERTIFICATE OF SPONSOR'S ATTORNEY 1. the "Sponsor") do hereby certify: 19_ acting as Attorney for (herein referred to as That I haveexamined 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 19 CERTIFICATION OF MUNICIPAL VOTE TO ACCEPT STATE FUNDS T, , the duly authorized Clerk (Please Print or Type) for the municipality of hereby .(Please Print or xype). certify that the legislative body of the municipality voted on , 19_ to accept the following categories of State funds during the fiscal year beginning 19 Check all categories included in above vote: _ 1. Municipal Revenue Sharing 2. Local Road Assistance _ 3. State Aid to Education (including Federal pas& -through funds and property tax relief) _ 4. Public Library State Aid per Capita _ 5. Civil Emergency Funds (Emergency Management Assistance) _ 6. Snowmobile Registration Money _ ]. Tree Growth Reimbursement _ 8. General Assistance Reimbursement 9. Veterans Exemption Reimbursement A 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