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HomeMy WebLinkAbout1984-11-26 85-34 ORDER8s-34 Introduced by Councilor Cox, November 26, 1989 CITY OF BANGOR (TITLE,) (Drb2r Authorizing Ex t on of Grant Agreement .i Heliport at Eastern Raine Medical Center BY VM C U Gained Of City OfBangur: ORDERED, THAT 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 providing for the funding in the amount of $10,133.33 for the construction of a heliport at the Eastern Maine Medical Center. '84 WV 20 P4,17 85-34 In City Council November 2621984 0 R D E R refered to Airport committee - RECg: consider Next regular meetin$IiY Of 2f�,.4tle, CITY CLLR4 Authorizing Execution of Grant Agreement cv ° Jketl�__ _ Ci y Clerk 'Aellport at Eastern Maine Medical Center ..................................... In CITY COUNCIL December 30, 1984 ntrOd filed by v d s elm .. ......... an CITY 'Rx •COUnCl�n STATE OF MAINE e5-34 DEPARTMENT OF TRANSPORTATION TRANSPOITAPON DALp STATE HO -K STATION 16 ' AVGUSTA,MAINE 04333 f GRANT AGREEMENT PART Z - OFFER Data of offerc, /3 e Project No. ]7.1003(13) 1 genjour Sellp Y TO: city of Bamor (Hereinafter referred to as the "5ponsor") PASS: .The. State of Maim (acting through the Department of Transportation, Division Of Aeronautics) hereinafter referred to as the "Department") WHEREAS, the Sponsor has subsisted to tM Department a Project Pre -application or Request for Aid involving a grant of state funds for a project for the acquisition en construction, establishment, safety, expansion, improvenent o protection of the FaStHTH Malne M Cal CORPS HOdd Ort RgWsMqt (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 development CGnstxvct heliport. on grounds of Eastern Maine Medical Center. NOW THEREPOR£, pursuant to and for the purposes of carrying out the provisions of 6 N.R.S.A. IS 17.1, 17.9 and 6 18.1, and in conaideratim of (a) the Sponsor's acceptance of Lis Offer, as Hereinafter provides, and (b) the benefits to accrue to the public from the accoaplishncnt of the Project and the operation and maintenance of the Airport, as herein provided. -THE D£PARTNSNT, FOR AND ON N£NALF OF TH6 STATS OF MAINS HEREBY OFFERS AND AGR££5 W Pay, as the State's share of tests incurred in accomplishing the Project, 9SA per cent of all approved project costs, subject to the following terms and conditions: 1. The maximum obligation of as State Payable under this Offer shall be: STS TTwusend the Hundred Thirty -Three Dollars and 33/100 ($10,133.33). 3. The Sponsor ahall -- a. Begin accomplishment of the Project within a reasonable time after acceptance of this Offer, .end; b. Carry out and complete the Project In accordance with the teres of this offer, and; C. Carry out and oveplete the Project in acrordanre win the plans r sketches and specifications as approved by the Department or as they may be revised or aodified with the approval of the Department, and; d. Take necessary legal action to revoke any and all existing ns aeronautical rights of way o ncuffir rances across the lending strip and prevent the Issuance of any further such permits 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 a necessary rox for airport Purposes, and t Former any activity [heowhich could 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 reasonableterms without unjust discrimination, and, g. Insofar es 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 sooner (including the construction, creation, alteration, or growth of any structure Or other objectrnwreon) which would create a hazard to the landing, taking off, CZ UsTaUvering 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 be developed or used as a Part of or In connection win the Airport. L. The Sponsor shall keep anurate accounting of all coats incurred n the Project and submit a ropy of uch 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 tffi coats 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 tine as may be prescribed by the Department in writing. - 6. The Spanner agrees to conscientiously perform preventative maintenance on ths completed project and to make no application for State funds for repair or replacement of tM PSOject as a result Of failure to perform such maintenance. The Sponsor's acceptSypA of this Offer Shall be evidenced by execution of this instrument by the sponsor, as hereinafter provided endsaidOffer and acceptance Shall comprise a Grant Agreeaegt constituting the obligations and rights of the State and the Sponsor with respect to the acromplisAmsnt of the Project and the Operation and maintenance of the ASIpOIt. Such Grant Agreement Shall become effective upon thus Sponsor's atteptaxe of this Offer and shall remain In full force and effect througMut the useful life of the facilities developed under the project but in any event not to exceed ten (le) years from the date of said acceptance. STATE OF MAINS Department Of Transportation/ Division of Aeronautics ro �� Director PART II 'ACCEPPANCE The does hereby ratify and adopt all statements, representations, warranties, ro ants. and agreements contained in the Project Application and i rorporated 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 Nis day of 19 (SEAL) Name of Sponsor CERTIFICATE OF SPONSM'S ATTORNEY L - acting as attorney for the Metals referred to. as 'Sponsor') do herahy certify: net I have examined Ne Foregoing Crani Agreement and the proceedings taken by said Spenser relating Mature, and find that the Amaptmxe thereof is in all expects due and proper and further Nat, in M opinion, said Grant Agreement Constitutes a legal and binding obligation of Ne Sponsor in accordance with the terms. Dated at this day of , 19