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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 .. ity Atevagn+1 ! CLE Ascelaled Information: d it L: Budget Approval: I {{ ff !I h 1eeOrr a . Legal Approval: 11 L fro�ced for ;! ,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