HomeMy WebLinkAbout1989-06-26 89-280 ORDERnull&Ill" les )0 %
Dale �l Item No, 89- 980
F
hem/Subject: Authorizing Acceptance of State Funds - Bangor
International Airport
Pesponslble Depadmem: Airport
Commentary:
The purpose of this Order is to authorize the City Manager to
accept State Funds in the amount of $5,407. under the Federal
Airport Improvement Program for the purposes of an Airport
Master Plan Update. (Project No. 7711.10031191.
MPorfinem Head
Manager's Comments- I
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Ascelaled Information:
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Budget Approval: I
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,Passage
First Readmit
� Page of_�;,
Referral
89-280
Ampmd to CUnnddW Tilley, June 26, 1989
��' ryrypp CITY OF BANGOR
(DTLE.1 4GCDaC
AuthoX!ZjRg.Ew_QQ9tJLgn. of Grant Agreement. with state.
of Maine Uepar tmeat of Transportation -- Airport Master Plan
Update. (Project No. ]]11.1003(19).
By de City Caused of W City ofaanpw:
ORDERED,
THAT the City Manager is hereby authorized to execute a
Grant Agreement with the State of Maine, Department of Transportation,
for the State's share of the Airport Master Plan Update.
89-280
ORDER
( Title,
i
Authorizing execution of Gant A�t
with State of N 're xtsent of Tian xtatUn
AixpoR Maste; Plan,pmrQ_,(P�oj ,g
771141003 (19)
In City Council June 26.1989
'n
MugnM to
Gi Clerk ..... .(
U Councilman
MNn f. CgWCP3
89-280
$TATE OF MAINE
DEPARTMENT OF TRANSPORTATION
TRAN50."NUATax WLOMG
STATE HU STAT" H ANGIRIA.MAINE U333
GRANT AGREEMENT
PART I - OFFER
Date of Offer0%_
Project No. 7711.1003(19) Bangor International Airport
TO: City of Bangor
(Hereinafter referred to as the "Sponsor")
FROM: The State Of Maine (acting through that Department of TransportatiM.
Division Of Aeronautics, hereinafter referred to as the "cepaitrzent')
WHEREAS, the Sponsor has su8nitted to the Department a Project Pre -application or
Request for Aid Involving a grant of state funds for a project for the
acquisition, construction, establishmanq safety, expansion, improvement a
protection of the B3TgOY IMern9t101H1 Airport (hereinafter
called the "Airport'.)
W ANZEAS, the Department has approved a project eased upon this request for
develOpmnt Of the Airport (hereinafter called the "Project") consisting of the
fallowing described airport developsent,
Airport Master Plan Update
NON THEREFORE, Pursuant to and for the purposes of carrying out the pro Of
6 M.R.6.A. y 17.1, 17.9 am ® 18.1, end i consideration of (a) the sponsor's
a
tteptenca Of this Offer, as herelneftex Provides, and (b) the benefits to accrue
to the public from the acroM
mpllslwent of e Project and the operation and c
maintenance Of the Airport, as herein provided.
THS 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%
ro
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:
$ Five Ttwusamd Four HUMxe3 Seven and 00/100.
]. The Sponsor shall --
a. Bayin 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 approval by the Department or
s they may barevised or modified with the approval of the
Department, ands
d. Take necessary legal action to revoke any End all existing non
aeronautical fights of way or encumbrances across the landing
n
strip and prevent the issuance of any furthersuchpermits 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 axe
necessary
for airport purposes, and opt permit any activity thereonwhich
would interfere win its use for aeronautical purposesexcept
win the prior written approval of the Depaztmen t, and:
f. Operate the Airport for the use and benefit of the public on
fair and reasonable terms without unjust discrimination, and.
9. Insofar as is within its ewer and reasonably Possible, the
Sponsor will present the use of any land either within or outside
the boundaries of the Airport In any sooner (Including the
construction, creation, alteration, or Stealth of any structure
or other object thereon) which would create a hazard to the
landing, taking off, of maneuvering of aircraft at the Airport,
or otherwise limit the usefulness of the Airport.
J. The Sponsor certifies that it holds property interests in the areas
of land which are to be developed or used as a part of of in sagosetion
With the Airport.
4. The Sponsor shall keep an accurate accounting of all costs incurred
on the Project and submit a ropy of such accounting to the Department
upon its concert for reimbursement of such costs by the Department.
5. This Offer shall expire add the State shall not be obligated to May
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
as 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 Add to make no application for State funds
for repair orreplacement 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 Spunao s hereinafter provided and said Offer and acceptance
shall comprise a Grant Agreement constituting the obligations and rights of the
State and the Spenser with respect to the accomplishment Of the Project Add the
operation and maintenance of the Airport. Such Grant Agreement shall becoma
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/
Divislon of Aeronautics
e Ll ,-2_.
Dipfo r
PART 11 - 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 a captance agrees to all Of the terms
and conditions thereof.
Executed this day of 19
lsE )
CERTIFICATE OF SPONSOR'S ATTORNEY
T,
-Speaker") do hereby certify,
acting as Attorney for
drain referred to as
That 1 have examined the foregoing Grant Agraemnt and the proceedings taken by
said Sponsor relating thereto, and find net the ACCeptance thereof is in all
aspects due and proper and Further that, in my opinion said Grant A9reament
constitutes a legal and binding obligation of the Sponsor In accordance with the
terms.
Pared at this day of
19
MEMORANDUM
ugal DeBa[Gmnt
'1D: Connie Strout
FRO�k Terri Corey
Date July 6, 1989
RE: Grant Agreement - Airport Master Plan Update
Enclosed is the original Grant Agreement between the
City of Bangor and the State of Maine Department of Transportation
for Project No. ]]11.1003(19) [Airport Master Plan Update). The
Agreement has been signed by Ed Barrett, Russ McKenna, and Bob.
2 have filed the other signed copy with the City Clerk's Office.
Have enclosed photocopy for your files.
For reference purposes, execution of this Agreement
was authorized pursuant to Council Order #89-280 passed by the
Council on June 26th, 1989. -
T.L.C.
EnclosEy
p RMcKenna
Clerk
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
TRANS AT" WILDING
STATE HMSE STATION 16 MIGUSTA.MANE 04333
elk
MHA F.<CNiplrwnm�::,onz.
June 5, 1989
1 I' IY'. "(VS61"Ily
Mr. Peter D'Errico, Airport fi nager
Bangor International Airlvrt
Bangor, Mine 04401
Toar W. D'Erricco L `� ✓/
I am pleased to advise you that ce My 23, 1989, Tons F. Ciaoors, /
ct missioner M approved your request for State funds and allocated
$5,407.00 as the State's share for Airport Master Plan Update.
k closed please find an original And are copy of a Grant Agreement for
the Project No. 7]11.1003(19).
Part II - Acceptance should be colleted by the City of B gor and tAe
original grant offer ard acceptance returned to this office.
S ld you have any guestiws o rrnments, please let Ire
Sincerely,
LC/EoyG ec[or
ce of �autics
/nl
L11cls.
cc. Pr )ramming b Plat nq Branch, FAP
O,V b'q
61 ad
.. I $TATE OF MAINE
DEPARTMENT OF TRANSPORTATION
TAAN5KMQATCN @AlM1G
'STATE HOUSE STATpN W AUGOSW.MAINE 04333
MNA F COMpl6
GRANT AGREEMENT
PART I - OFFER
Date of offer
Project No. 7711.10031191 Bangor Interrational Airport
TO: City 0£ Bogor
(Hereinafter referred to as Me "Spansor")
FROM! The State of Naine (acting through the Department of Transportation.
Division of Aeronautics, hereinafter referred to as the "Department")
'WHEREAS, the Sponsor has submitted t0 the Department a Project Pre -application or
Request for Aid involving a grant of state foods for a project for the
acquisitioncnstruction, establishment, safety, expansion, improvement o
protection of the Bangor Intel ucval Airport (hereinafter
called the "Airport'.) '-
WHEREAS, the Department has appfOVed a project based upon this request for
deValopment Of the Airport (hereinafter called the "Project") consisting of the
following described airport development
Airport Master Plan Update
NOW THEREFORE, pursuant to and for the purposes of carrying out the provisions of
6 N.R.S.A. W 27.1, 17.9 and g 18.1, and in consideration of (a) the Sponsor's.
acceptance Of this Offer, ae heratanafter provides, and (b) the benefits to accrue
to the public from the accnmpliahsenC of the Project and the operation and
0aintenaxe Of LEe Airport, as herein proVided.
TNS DEPARTMENT, FOR ANO ON BEHALF OF THE STATS OF MAINS NEARBY OFFERS AND AGREES
to pay, as the State's share of mats incurred i acoWllshing the Project, 5%
iter sent of all approved project mats, Subject to the following terms and.
conditions:
1. The maximum obligation of the State payable under this Offer shall be:
$ Five Tnuusand Four Huntr d Seven and 00/100.
Z The Sponsor shell --
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, mN;
c. Carry out And novitiate the Project in accordance with the plans
r sketches and specifications as approved by the Department or -
as they may be revised or molified with the approval Of the
cepartment, and;
d. Take necessary legal action to revoke any and all existing nn
aeronautical rights of way or encumbrances across the landing
strip and prevent the issuance of any furtberrch permits of
rights of way to cross said strip, and;
e Pursuant to 6 M.R.S.A. operate and maintain the Airport and all
facilities thereon o r
connected therewith which a necessary
for airport purposes, and not parent any activity therecnwhich
would interfere with its use for Aeronautical purpose rept
With the prior written approval of the Department, and;e
f. Operate the Airport for the new and benefit of the public on
fair and reasonable terms without unjust discriminations and.
g. XSE017at as is within its paver and reasonably possible, .the
Sponsor will prevent the use of any land either withio or outside
the boundaries of the Airport In any man r (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.
J. The Spanner certifies that It holds property interests in the areas
of land which are to be developedor used as a part of or in convention
with the Airport.
4. The Sponsor shall keep an accurate accounting of all costs Incurred
n the Project end submit a copy of such acunting to the Department
upon its request for reimbursem�[ 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 base accepted
by the Sponaor within Sixty (60) days from the above date of Offer
or such Iwryer 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 wake 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 bg execution of this
instrument by the Spooner, as hereinafter provided and said Offer and acceptance
shall comprise a Grant Agreement constituting the obligations and rights of the
State and the Speicher with respect to the accomplishment of the Project and the
Operation and maintenance of the Airport. Such Grant Agreement shall becomes
effective upon the Sponsor's acceptance Of this Offer and shall reunion
in full
fares And effect throughout the useful life Of flit facilities developedunder
the Project but in Any evert not to exceed ten (10) years from the date of said
acceptance.
Department Of Transportation/
Division of Aeronautics
Dy
nth c' r
PART 11 - ACCEPTANCE
The City of Bangor does Barely ratify andadoptall statements,
repre entationa.
warranties, ro ants. and agreea¢nts 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 terma-
and conditions thereof.
Executes this 27th day of 6issne. 19 89
CITY. or Blyyy g
Name/ of Sponsor
��/rNfw/y
(SEAL) Ey (.(
�� /. A,J Title City Manager
Attest V ®L *C /C{rwm�
Title City Clerk _
CERTZFZCATF OF Sausage's ATTORNEY
Y. - RnM1CR E. Miller acting as Attorney for
the City of Bangor (herein referred to as
"Supper") do hereby certify.
That I have exaffinsd 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 Me Sponsor in accordance vitt the
term.
noted at Bangor, Maine this 6th .day of July
19 89.
-City Solicitor
Title