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Home My WebLink About1987-11-09 88-3 ORDER88-3 Inlroduced by Oouncilor Sullivan, November 9, 1,8, CITY OF BANGOR (TITLE,) (Drur, Authorizing Execution of Grant. Agreement with Maine Department of Transportation -- Bangor International Airport By Bw City CouaaB of bie City ofBanynr ORIIBBEO, •• TMT the Acting City Manageris hereby authorized and directed, on behalf of the City of Bangor, to execute arrant Agreement, a copy of which is on file in the office of the City Clerk, with the State of Maine Department of Transportation providing for the funding of the following project: Rehabilitation of apron drainage structures, runway joint sealing; and taxiway shoulder rehabilitation (Project No. 6]]9.1002-83.1003-11.1003- 11.1031-04 (PI( Bangor International Airport. Tine, A[Pf 121N E=TIM OF GPANT M:REFfAEfIP WI'h1 MSNE DEPPRIMFNf OF TNANSTILN ...................................... 84NWR RTLFRNATIO Alit RT Introduced a d filed b�y . ....... ..... CowcfLnan Robert E. Miller City Solicitor Memo To: (9N of ISangor, zMamz .EDAe DEPARTMENT Peter D'Eriico, Airport Manager Dare Nov. 10, 1987 Subject:Grant Agreement - Apron Drainage Structures b Enclosed please find an original and one copy of a Grant Agreement for the above -indicated project (No.6T19.3002- 83.1003-11.1003-11.1031-09(1)). Authorization for the execution of this Grant Agreement was approved by the Bangor City Council at its regular meeting held last night under Council Order No. 88-3. This morning I have obtained the signatures necessary and am forwarding one of the signed originals to Russ's office for filing with other Airport documents. You may keep the enclosed copy for your files and forward the original to the State a indicated in their letter of October 15th (also enclosed). If you have any questions, please call me. Terri to Encs cc. Russ McKenna STATE OF MAINE DEPARTMENT OF TRANSPORTATION 7RANS WATKK DJLW STATE I C STADON W AD TA.MAWE 04333 ON S October 15, 1987 Mr. Peter D'Etrim, Airport Manager Bangor International Airport Bangor, Maine 04401 Dear Mr. D'Etrico: x.30 y 3 I am pleased to advise you that on Cctobex' 13, 1987, Dans F. Connors, Conmissrcmr M approved your request for State fuels ant allocated $&0,393.00 s the State's share to rebabilitate aprcn damage strvctures; runway pint sealieg;'.atd taxiway slwlder rehabilitation at the Bangor Intenatimal Airport. Enclosed please fim an criginal and one cc y of a Grant Pgrearent for the Project No. 67)9.1002-83.1003-11.1003-11.1031-04(1]). Part II - PccepGnce should be cc%leted by the City of Pargor aed the original grant offer and acceptance returned to this office. should you have a questions or came ts, please let ae know. LSincerely, (r/•\V\\ F. Wright, Acting Director Division of Aeronautics /nl Eols. CC: PCO3ra;mun.3 & Plaming Branch, PAA STATE OF MAINE DEPARTMENTOFTRANSPORTATION - TRAN5KMfATION OLIgNG - STATE HODS€ SIM" 16 A STA, MAINE U333 PWA F. 6NN]R ew GRANT AGRRSNBNT PART I - OFFER Data of offer Oet Gb IJ 11tZ Project No. 6779.1002-03 1003 -ll 1003-11.1031-04(17) Bangor International Airport TO: fiby of Pnraor - e (Nerelnafter refereed to as the -Sponsor') FROM: The State of Naim (acting through the Department of Transportation, Division of Aeronautics, hereinafter referred to as the "Department-) WHEREAS, the Sponsor las submitted to the Department a Project Pre -application or Request for Aid Involving a grant of state renals for a project for Me acpulsition,construction, establionant, safety, expansion, Improvement o protection of the �1gn. _ _ _ Airport (hereinafter called the "Alrport".) WHEREAS, the Department has 4pprovetl a project based upon Chia request for develOgRont of the Airport (hereinafter called the 'Project-) consisting of the following described airport development Rehabilitate apron drainage struot 'es; runway joint sealing; and taxiway shoulder m3�abilitation. NOW THBRBF[.WE, Pursuant to and for the purposes of carrying out the provisions of 6 N.R.S.A. g 17.1, 17.9 RM ® 1E.1, and In consideration of (a) the Spencer's acceptance of this Offer, as hereinafter provides, and (b) the benefits to accrue to the polio from the accomplisAment of the Project and the operation and maintoOsOca of the Airport, as herein provided. TNF DEPARTMENT, FOR AND ON BEHALF OF THE STATS OF NATNB SCREW OFFERS AND ACRFFS to pay, as the grate's share of costa Incurred in accomplishing the Project, 5 Par rent of all approved project mate, subject tO the following terms and conditions: - 1. The maximum obligation of the State payable under this Offer shall be: $ y and 00/100. i. The Smmor shall.--- a. Begin "amomplishment of the Project within a reasonable time after acceptance of this' Offer,and/ .._ b. Carry out And complete the Project in accordance wiN'Nx terms of this Offer, Audi o. Carry out and complete the Project in accordance with the Plan or Sketches and specifications as approved by the ➢epertmmt or s they may be revised or mpdifled 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 wayto cross said strip, ands Pursuant to 6 N.R.S.A. operate and maintain the Airport and all facilities thereon or Connected therewith which are sary for' airport purposes, and not Pounds any activity therson which would interfere With its use for autical purposes except With the prior written approval of the Departwot, and; f. Operate the Airport for Ne saw, 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 cannot (Including the construction, creation, alteration, or growth of any structure or other abject thereon) which would create a Onward to the landing, taking Off, ormaneuvering of aircraft at the Airport, or Otherwise limit rueusefulness of the ASrj t. J. The Sponsor Certifies that it holds property Interests in the areas of land Mleh are to be developed.or used as a part of Or in mrumm;tion with the Airport. 4. The Sponsor shall keep an accurate accounting of all costa Incurred on the Project and suhmot a ropy of such accounting to the Department upon its request for relmbutsement of such wets by the Department. S. This Offer shall expire and the state shall not be obligated to pay any of the coats of the Project unless. this Offer has been accepted by the Spandau: within sixty (60) days from the above date of Offer or Such longer tare As my be prescribed by the Department in prtting. 6. The Sponsor agrees to conscientiously perform precentative maintenance an the completed project and to make DO application for State funds for repair or "replacement of the Project as a result of failure to perform much maintenance. - The Sponsor's acceptance of this Offer shall be evidenced by execution Of this estrument AS the Sponsor, as hereinafter provided and said Offer and acceptance shall compriaa a Grant Agreemmvrt constituting the obligations And rights of the State and the Spacer with respect to the ac Dllshuent of the Project and the operation and maintenance of the Airport. Such Great Agreement shall becpre effective upon the Sponsor's acceptance of this Offer and stun remain in full force and effect throughout the useful life of the facilities developed under tAe Project but in any events not to exceed ten (10) years from the date of said acceptance. STATE OF MAINE Department of Transportation/ Division of Aeronautics ingbe,or PART ZZ - ACCEPTANCE The City of Bangor I be hereby "ratify and adopt all statements, representations, warranties, cvuanents, and agreements contained In the project Application and ion rporatad materials referred to in the foregoing Offer and does hereby accept said Offer and bysuch acceptance agrees to all of the terms and conditions thereof. Executed chip loth day of - November 1987 City of Bangor Name of Sponsor fsx'AE1 Ey 1111824s Title Acting City Manager n TitleCity Clerk s CERTIFICATE OP SPONSORS ATTORNEY :Robert E. Miller acting as Attorney for the City of Bangor therein referred to az -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 ACCeptanre 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 Spwuor in accordance with the terms. Dated at Bangor is 10th day of November 19 87. QQ City Solicitor Title WAMFCONWOM amr STATE OF MAINE 88-3 DEPARTMENT OF TRANSPORTATION TRANSF ADCN NAD% AL ANE HW$STATCC 16 MIGUSTA, MANE W33 GRANT AGREEMENT PART I - OFFER Date of offer Odta 4 /3 Project No. 6979-1002-83.1003-11.1003-11.1031-041171 Rumor International Airport TD: City of TNmor (Hereinafter referred to as the 'Sponsor•) FRdN: The State of Maine (acting through the Department of Transportation, Division of Aeronautics, hereinafter referred to as the "Departmen ') WHEREAS, the Sponsor has submitted to the Department a project Pre -application o Request for Aid Involving a grant of state funds for s project for the acquisition, construction, establiahmet, safety, expansion, improvement o Protection of the _ Byrom Tn national Airport MOX&I utter 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 Rehabilitate apron drainage structures; r ay joint sealing; and t ieey shoulder renabilitatim. NON THEREFORE, pursuant to and for the purposes of carrying out the provisions of 6 H.R.S.A. E 17.1, 17.9 and a 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 theaccomplishment Of the Project And the operation and maintenance of the Airport, As herein provided. THE MAINE WARTMEM CF TRAWPCRiARCV 15 AN AFFIRMAPYE AC CN-E(yJAI CP0. "ITY EMPLOYER TNS DEPARTMENT, FOR AND ON BEHALF Of THE SPATE OF MAINE HEREBY OFPERS AND AGREES to psy, as the State's share of costs incurred in accomplishing the Project, ,)j' _ Par 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 ba: $ and 00/100. 3. The Sponsor shall -- a. Begin accnmplishmnt 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, andr C. Carry out and complete the Project in accordance with the plans r sketches and specifications as approved by the Department or as they may be revised or modified with the approval of the Department, andr d. Take necessary legal action to revoke any and all existing Ann aeronautical rights of way o-encumbrances across the landing v strip and prevent the i of any furthersuchpermits of rights of way to cross said strip, and; a. Pursuant t0 6 N.A.S.A. operate and maintain me Airport and all facilities thereonor nected therewith which am necessary for airport purposes, and not permit any activity thereonwhich would Interfere With its use for aeronautical purime rept with the prior written approval of the Department, andr x f. Operate the Airport for the use and benefit of the public on fair and reasonable [arms without unjust disorientations 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 natructlem, creation, alteration, or growth of any structure or other object Nerean) watch would create a hazard to the landing, taking off, ofsering of aircraft at the Aitpert, 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 be developed: or used as a part of or in connection with the Airport. a. The SpnOsor Shall xeep an accurate accounting of all casts incurred on the Project and Senate a copy of such accounting to the Deportcent 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 my be prescribed by the Departeent in writing: - 6. The Sponsor agrees to conscientiously perform preventative mintenanre on the completed project and to make m application for State fonds for repair or replacement of the Project as a result of failure to Perform such maintenance. The Spenser's acceptance of this Offer shall be evidenced by execution of this lnstrumnt by the Sponsor, as hereinafter provided and said Offer and acceptance shall comprise a Grant Agreemnt constituting the obligations and rights of the State and the Sponsor with respect to the accomplishmnt of the Project and the operation and mlntanance of the Airport. Such Grant Agreemnt shall becom effective upon the Sponsor's acceptance of this Offer and shall resin in full force and effect throughout the useful life of the facilities developed under the Project but In any even% not to exceed ten (JOJ years From the date of said acceptance. STATS OF Malay Departmnt of Transportation/ Division of Aeronautics iL Poing Director of PART II - ACCEPTANCE The does hereby ratify and adopt all Statements, representations, warranties, comments, 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 19_ Name of Sponsor (SEAL) Title CERTIFICATE OF SPONSORS ATTORNEY acting as Attorney for the (herein referred to as "Spector") ds hereby cartlfy, 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 esrects due and proper and further that, In my opinionsaid Grant A9re ssat constitutes a legal and binding obligation of the Sponsor in accordance with the terms. Dated at this day of M