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Home My WebLink About1985-11-25 86-25 ORDER86-25 Introduced by Councilor Brown, November 25, 1985 CITY OF BANGOR (TITLE.) (IDrbfTr._.__. Authorizing -Execution _of. ..crant.Agreement_wi.th._State o£ Mal a D_p fitment £ Transportation- 7pmiAal Bui,d.,Dy Improvements By Elie Wy CouMJ of City of Resler. OEDEEED;4 THAT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, to execute a Grant Agreement with the State Department of Transportation for a Grant in the amount of $180,000 for improvementson the terminal buildings at Bangor International. Airport [Project No. 81.1002.83.1003-03(14)], all of which is further described in a. copy of said Agreement being on file in the office of the City Clerk. In City council November 25.1985 Passed . 86 25 ORDER S 4 e City Clerk � PPc to AuthOriaiag USCAN ion of 08601 agreement ..................................... with State of Maine Departmnt of Transportation ............................... 4...... _ Terminal Building tmpmveetete Introduced and filed by V .�o ncilmen CAW f. CC mmmmune"e. 86-35 STATE OF MAINE DEPARTMENT OF TRANSPORTATION TRANS ATICN WILW6 STATE HWSE STATIONO A"STA.MANE - 04099 GRANS AGRETABST PART I - OFFER Data of Offer OQ/.s4 3./ /S$$— To: City of 6smor (Hereinafter refernd to as nA "Sponsor') FROM, SM State of Halm (Acting thrown the Department of Transportation, Division of Aeronautics. heninaftrr referred to AS the "Departa^nt°) NH8'RPAS, 4u Sponsor has submitted to no Departmnt a Project Pre-appllcatiw or Request for Aid involving a grant of state funds for a project for the Acquisition, construction, eseabliffimnt, Safety, expansion, improvement o protection of the senor Tnt=fi.mal ASrport (herolmfter called Me "Alrport":) HRSRSAs, ne Department has approved a project based Spann this request for development of the Airport (henlnafteb called no "Project") tonaisting of the fallowing described airport developmate Relvlbillnte Portions of temunal buildings NOH THEREFORE, pursuant to and for the purposes of carrying out no, pnvlsions of 6 N.R.S.A. 0 17.1, 17.9 AFM 9 18.1, and In consideration or (a) the Sponsor's acceptance of this offer, as hereinafter provides, and (b) the benefits to accrue to na public from CM ecrompltal+mn[ of ne Project and the oi=r'.atlw aM maintamaoce of the Airpa+it, as herein paovided. Pi MAW XPARTMENT U MJtRMIIA1 6 AN AFFRMATMACMkI-ESi11PL �UNII EMR THE D£PAATOMT, FOR AND ON HSNAV OF TUE STATS OF MINE H8%DY OFFERS AND AGREES to pay, as the State's store of costa incurred in amouplishtny the Project, -25% Per cent of all approved project costs, Subject in the following terms and conditions: 1. The mxtmum obligation Of that State payable under this offer shall be, O ht 0Q0,00) 2. The Along" shall -- a. Begin accoaQrlishmnt of the Project within a reasonable time after acceptance of this offer, and;' b. Carry out and complete the Project in accordance with the term Of this Offer, and; C. Carry out and cowolete the project in accordance with the planes r sketches And specifications As approved by the Cepartment or as they coy be revised or codified with the approval Of thee Department, And; d. Tatra necw44ay 16941 angina to revoke any And all existing non autical rights Of way Or ncunbrmros e s the landing strip and prevent the issuance of ony further such permits of rights Of way to cross said strip, and; Pursuant to 6 N.E.S.A. operate and maintain the Airport and all .facilities Cheraw or connected therewith which are necessary for airport purposes, and act permit any activity thereon which would interfere with its use for aeronautical purposes except with the prior written approval of the DegarGrent, and; f. Operate the Airport for the use and benefit of the public on fair and renewable term ithout unjust discrimimtiwj and! g. Insofar asawithin its power and reasonably Possible, the Spesor Willprevent the use of soy land either within or outside the bnsdaries of the Airport in any manner (including the construction, creation, alteration, or growth of any structure or ether object thereon) which would create a haaari to the landing, taking off, or maneuvering of atrcraft at the At port, Or Otherwise limit the usefulness of the Airpert. 3. The Spooner certifies that it h ldS property interests in the areas of land which are to be developed Or wed as a part of or in ucsr Mloa with the Airport. <. The Sponsor Shell keep anorate 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. 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 slaty f60) days From the above date of Offer or such longer time as may be proscribed to the Department in Melting. 6. The Sponsor agrees to conscientiously perform preventative mainteraxe 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 suchmaintenance. The Sponsor's acceptance of this Offer shall he evidenced by execution of this Instrument by the Sponsor, as hereinafter provided and said Offer and acceptancre shall comprlsea Creat Agreement constituting the obligations and rights of that State and the Spenser with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Avivement shall bacoms effective upon the Sponsor's acreptanre-of this Offer and shall remain In full force end affect throughout the useful life a the facilities developed under the Project but In any event not to axe@" tan (10) years. from the "to of said aconptanre. STATE OF MAINE Department of Transportation/ Division of AemluYtics r i Dtrecto PART II - ACCEPTANCE The does hereby ratify and adopt all statemnts, representations, WNTracties, cosenands, and agreeannts 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 term and conditions thereof. £xgcuted this day of 19 (SEAL) AtteSt Mean of Sponsor CERTIFICATE OF SPONSOR'S ATTORNEY .... _ _ acting ae Attorney for the (herein referred to as "Spomor")do hereby certify, That i have emanated the Foregoing Great Agreement and tlx proceedings taken by said Sponsor relating thereto, and find [Mt the Acceptance thereof is in all respects dw and proper and further that, in my op£nion. said Great Agreement constitutes a legal add binding obligation of the Sponsor In accordance with the tares. Dated at this _day of w Qlifg of Pongor, 'Inuu LEGAL DEPARTMENT Hobert E MI@r OW blinWr Ona Nov. 26, 1985 Meme lo: Bussell McKenna, City Clerk S4Dw3: Grant Agreement - Terminal Building Improvements In conjunction with Council Order i86-25 passed by the Council last evening, enclosed please find an executed Grant Agreement from the State of Maine Department of Transportation for the project described therein. Would you please file the s n your other Airport records., The originals have been sent out to the Airport Department for further processing. In addition, I have retained a copy for my file. Enclosure STATE OF MAINE I' DEPARTMENT OF TRANSPORTATION 7RANSPCNA7" WLGING 5TAX HOUSE 5TATION M A TA, MANE 64990 Wm tCONMRi m nn I � _ GRANT AGR££HENT PART Z - OFFER nate of offer &t:t -ems or 3, Pmjact NO. SI _1000 83.1001-03(14) s,ncor ThrcrnAtimzl Airport TO: Cit" of (Hereinafter referred tows the ^Sponsor^) P": The State of Nair (acting through the Department of Transportation, Division of Aeronautics, hereinafter referred to as the ^Departa^nr) WHEREAS, the. Sponsor has submitted to the Department a Project Pre-appliuttim or Request for Aid involving a grant of state funds for a project for the acquisition, construction, .establishment, safety, expansion, loprovecont o protection of the Esurpx International Airport (hereinafter called the 'Airport'.) WHEREAS, the Department has approved a project based upn this request for development of the Airrort (Mrei»f4l. Called the 'Project-) consisting of the following described airport development,. habilitate pompons of terminal buildings. HOW THSRHEORR, pursuant to and for the purposes of carrying out the provisions of 6 N.R.S.A. g 17.1, 17.9 and a 38.1, And In consideration of (a) the Sconsor's acceptance of this Offer, as hereLufter provides, and (b) the benefits to accrue to the public from the acvompliaMent of the project and the operation and aaintenance of the Airport, as herein provided. THE MAINE LF'P TWNT U TRANSMMTAJKAN 5 AN AHIIWATNE ACTCN-Ep L C RRNITY EMPLOYER TNB BBPARTNNNT, FOR AND ON BEHALF OF THE STATS OF MINE NBRBBY OFFSBS AND AORSBS t0 pay, as the State's share of costs incurred In accomplishing tha Project, 2.5L per cent pf all approved project costs, subject be the following terms and conditions: - 1. The mmliaze Obligation of the State payable under this Offer shell be: $ One Hindralty =Sand f 1 0 0 1 Dollars and 00/100- 2. The Sponsor shall -- a. Begin accomplishmenC of the Project within a XMA0mbI& time after acceptance of this Offer, Audi." b. Carry out and rnmplete that Project in accordance with the terms Of this Offer, and; C. carry cut and complete Che Project in accordance win the plans or s"tches and specifications as approved by the Dapartrent or s they may be revised or m'dlfled with the approval of she - . Departmsnt, And; ' A. Take ammuseary legal action tD revoke my and all mashing BOB aeronautical rights of way or encuchnnces across the lending strip asa prevent Ne Issuance Of any further such parents of rights..of way to creas said strip, and; a. Pursuant to 6 N.N.S.A. operate and maintain Me Airport and All facilities thcrem or connected therewith which a necessary „ for alrpsrt purposes, and not parent any activity thn which would interfere with its use for aeronautical purposes errept with the prior wrtptm Approvalof the Departm=nc, Audi I. Operate the Airport forthe me And benefit Of the public On fair and reasonable term without unjust discriffination, and: F. xnaaar acawithin its ewBud d reonably possible, the Sponsor will prevent the use Of Any land either within or outside the boundaries of the Airport in my manner (Including the construction, creation, alteration, or growth of any structure or Other object therem) which would create a Mrard t0 no landing, taking Off Ior vering of aircraft at the Airport, or Otherwise limit the usefulness of the Airport. 3. The sparsor certifies that it holds property interests in the areas of lend which are to be developed or used as a part of or in cmnectian "with the Airport. - <. rix Sponsor shall xaep anurate accounting Of all costs' incurred.. on Uc project and sWmit a mpy of such accounting to the Departarent upas its request for relmburacoent of such cents by the ➢eparteent. 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 an may he prescribed by the Departaent in writing. _ 6. The Sponsor agrees to conscientiously perform preventative maintenance on the completed project and to Rake fro application for State funds for repair or replarement Of the Project as a result of failure. to perform soon maintenance. The Sponsor's accaptanre Of this Offer shall he evidenced by execution Of this instrument by the Sponsor, as hereinafter provided and saidOfferend acceptanm shall comprise a grant Agreementconstituting cO& Obligations and rights of the start and the Sponsor With respect to the ac plishment of the project and the oporation and mgintananco of the Airport. Such Oren AgreuMer Shall houses effective upon tta SpensOr'a acceptance of this Offer and shall remain in full force and effect theOughou0 She useful life. of the facilities daveloNd under "a Project but In any event not to exceed tan (10) yearn frown the data of said acceptance. STATE OF NA1N£ Department Of Tianspor[atiM/ DiviIsjoh of aeronautics eYb ➢Vix/Xe ctor PART II - ACCEPTANCE The Cihv of Banoox 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 toallof the tenon and conditions thereof. Exgcuted this 26th I� l ACteat as,([�y McKenna Mc elC. M K TSYle .City Clerk day of November 19 85 CITY OF BANGOR d IA1� J CSRTIFZGTR OF SPONSgPS ATTORNEY Z, IRobert B. Miller , acting as Attorney for the City of Bangor (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 Purther.tbat, In my Opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terve. Dated at Bangor. Maine s 26th By of November 19 85. Robert B. Miller O:hy Cnl:r;hnr rice