HomeMy WebLinkAbout1984-09-10 84-338 ORDERl23e 32
Introduced by Councuo:
CITY OF BANGOR
QITLU 1C/Tll¢x Authorlzing,Execution of c.rant Agreement. .......
r (Project No. 3-23-0005-02) - Bangor International Airport
BY am CUP Comaei Of MW City ofBaAmw-
ORDERED.
THAT the City Manager, on behalf of the City of Bangor, is
hereby authorized and directed to execute a Grant Agreement with the
Federal Aviation Administration (Project No. 3-23-0005-02), a copy
of which is on file in the office Of the City Clerk, and to take
all other necessary action, including the execution of documents
and contracts, for purposes of providing for the installation of
runway surface: condition sensor system, to modify existing snow
plows and purchase two sanders. - -
In City Council September 10.1984
Suspension of the Rules passed
GNer passed
__ ON
84-338
Ore ueR
Title, —
Authorizing �Brecution of Grant Agreement
......................................
(Project R3-23-0005-02) Bangor International Airport
Introduced and filed by
fes.........
ouncilman
` - Page 1 of 4 paged
r�
mum" OF TRANSPORTATION
FEMBRA1 API6TION AdQNTSTRATION
,.[i*1� tdir hl� h
Part 1 - offer
Date of offer September 6, 1984
Bangor International ASrport
Project No. 3-23-0005-02
Contract No. FA -NE -04-51
TO: City of Bangor, Maine
(herein called the "Sponsor")
FRM: The United States of America (acting through the Federal Aviation
A3
Administration, herein called the "FAA^)
Statembdr t5e 1$88so[oraa grantsubmitted
of Federal FAA
loods for Project
Pon eat ation the"led
Bangor international A;sport
together with plane and specificationsfor such development project, B*
:pAffAR&4L¢ which Project
Application, as approved by the FAA, is hereby incorporated herein and
made a part bereoC and
WERE09 the FAA has approved a project for the Airport or Planning Area
(herein caned the "project") consisting of the following:
Install runway surface condition a system,
modify existing snow plows and purchase two sanders.
all as e particularly shown in the preliminary plena and speciflcatimns
approved by the Manager, Engineering and Safety Branch, Airports Division,
on September 5, 1984, 'incorporated herein by reference.
FAA Farm 5100-37 PO 1 (0-02)
Page 2 of 4 pagan
NOW THEREFORE, pursuant to and for Ne Purpose of carrying out the provisions
of
andthe Airport Rod in comSderatim Of (a) thevSpansoeAct
'e adoption and herein
iatification of Nlled the ee
representations and endurances contained in said Project AOVllceticn and
its acceptance of Nie Offer as hereinafter provided, and (b) the benefits
to accrue co, the United States and Ne While from Ne aceompllstuent of
the Project and compliance with me maurances and conditions m herein
Presided, THE FEDERAL AVIATION AURUNISfRATION, PON AND ON BEHALF OF THE
UNITED STATES, HEREBY OFFERS ANO AOREP9 to Day, as Ne United States share
of the allowable costa incurred In accomplishing the Project, 90 par cent
of such coats.
Thim Offer Ss made on and subject to the following terms and conditions
Standard Conditions
1. The maxi um Obligationo f t00 United Stateiceayable under
thi
offer shall be w
for planning
187,000.00 for development other than land
g for land acquisition
l not include
ts
2. Me allowable determined by tlhietFAA Pto bthee ineligiect ble for Consideration as
allowability under Ne Act.
3. Payment of the United States share of Ne allowable project costa
will he made Forecast to and in accordance with Na provisions
of such regulations and procedures ea the Secretary shell parasols.
Final determination of the United States share will he based
upon the final audit of the total amount Of allowable project
costa and settlement will be made for any upward or downward
adjustments to the Federal share of costa.
q. The sponsor mail Comply with the Airport and Airway Improvement
Act at 1982 and aball carry out and Complete the Project without
undue delays and In acenrdame with the terms hermfp and such
regulations and procedures as the Secretary shall prescribe and
agrees to fully comply with the Part v Assurances which are
attached to and became a part of Nim offer.
ithdraw
5. Me my tairerprlored the fight toto its acceptance by meed Or wSponsor.Nlm Offer at
E. bligatedto PAY a" part ottthe the of the project unnited States sball not sex
this offer hes been accepted by the spomor on or before
4[ember 21 2484 or such Subsequent data m
be Fre crises in wr t ad DY the FAA.
FAA Form 5100-37 M 2 (842)
Page 3 of 4 pages
I. Personae to Paragraph 15 of Part V, Assurances, of the application
dared September 5, 1984, the sponsor hereby covenants and
agrees to furnish the federal government without cost, only those
areasand interests a set forth in Brhibit 'W" attached hereto and made
apt hereof for the purpose so stated, together with the right to
contact to ¢misting utilities and to utilize the utility Services
involved to the emteut of available capacity at no re than pre-
vailing rates. Deserver, it is agreed aud understood that the rights of
the United States to coat free are" obtained under conspired front
agree, are with the sponsor are attended for twenty years from the
date of this grant agreement. furthermore, the responsibility for
paying the cost ofrelocating any facilities located in such mat free
areas shall be wade in accordance with Advisory Circular 150/5300 -IB,
yAA Policy on Facility selocations Occasioned by Airport Improvements
or Changes.
8. It is understood and agreed that the snew removal funded hereunder
shall be considered a facility as that term Is used in both the
Great Agreement and Sycamore Assurances which are part of the
Project Application. Further, said equipment shall be operated
and maintained by the sponsor and used exclusively at
Bangor International Airport, Bangor, Maine.
The Sponsor will not advertise for bide for the work to be accomplished
under this project until final plane and specifications have been
reviewed and approved by the Manager, Eofineering and Safety Branch,
Airports Division.
9. TTS sponsor will obtain and Submit to the cognizant audit agency an
orgaulvatinn-wide audit in accordance with Attachment P of M
Circular A-102.
Page 4 of 4Mea
The Spanaor's acceptance of this Offer and ratification and adoption of Me
Project Application incorporated herein Mall be evidenced by execution of
this instrument by the Sponsor, as hereinafter provided, and said Offer and
Acceptance Mall scapulae a Grant Agreement, as provided by the Airport and
Airway Improvement Act of 1952, constituting the ubllgatfons and rights of the
United States and the Sponsor with respect to the accomplishment of the Project
and compliance with the assurances and conditions an Provided parole. Such
Orant agreement shall become effective upon the Spencer's aoceptance of this
Offer.
UNITED STATES OF AMERICA
FEUE A ATION A NISTRATION
Ea
d3+
manager, Qitle)egion to 0lvisiov
�s'CI - New England Region
Part IZ - AoceoNnoe
The Sponsor does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreementscontained in the Project Application
and incorporated materlals referred to in Ne foregoing Offer and does
hereby accept said Offer and by such acceptance agrees to all of Ne terms
and conditions thereof.
Executed this 11th day of September , 19 R4.
City. cf. Bem$ t Maine..........
N c an Bar)
(SEAL) ///), it Mann er
>'K"_ ��•J• :'{�ei Title.... .... .............
Attest
.... f..`^�'
ri...
fle: City Clerk
........................
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Robert E. Miller, acting as Attorney for the Sponsor do hereby certify:
net I be" examined Ne foregoing Grant Agreement and the proceedings
taken by said Sponsor relating thereto, and find shat Na Acceptance thereof
by said Sponsor has been duly authorized and Nat the execution thereof is
in all respects due and proper and in accordance with the lave of Ne State
of Maine and the Act and further Nat, in my opinion, said Grant
Agreement constitutes a legal and binding obligation of Ne Sponsor in
Accordance with the terms thereof.
Dated At Bangor, Maine thiall f S r 19 84
.... T ................
Title ....
CY. o
it Solicitr
..
.......
FAA Form 5100-37 Last PG (8-92)
ISEP D r t9B4
mw
FEDERAL ASSISTANCE.'a9°fie:
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.+,xlmF : City of Bangor
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e00,00' me 1 Airport Department
ctwN.a 9a : Bangor international Airpor
makaaam
• W 1 Bangor - 10,00 : Penobscot
Maine 04401
F d
Airport Improwemenf
Is Ixm Peter R. D'Brrico4 Airport Manager
F
Program
C
I'942-_4 675
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Tax OF
Install Runway Surface Condition Sensor System
flwW FARM,
Modify Existing snowplows
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2C AGONOT
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12 NewE gland Executive Park, Box 510, Burlington, NA01803
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®•AWARD
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VACAENT OF TRANSPORT. A TION. FEDERAL AmAT ION ADMIN IS T RATIOS
c..e na. eanev.
PART
11
PROJECT APPROVAL
INFORMATION
- -SECTION
A
m I.
or "rest npuiu $tore, local,
this asiie,
Name of veining Body
P.,"iru
.ion a, o er er ori=city rating?
Rating
Pri oriry R=K ng
a
_Yea x No
to 3.
Is this asxi,mnc..Am..at uaube Scam, ar local
Name of Agency or
nso y, Id ... sOmal or hmith clevences.
Bead
_Yes N No
(Attach Oaeumenroriion)
m ].
de'IngFiew
e.uesneguF moum inv
S Miem
(Attach Comments)
aaadal.ceL.PM1cONO G.mlar AAS?
_Tex xNo
ad, ,
hii mxi rten<e reaue at nGuire Srvr e, local,
Nem. of Approving Agency
navel or ether plenning approval?
Date
—
_Yesg_ No
Re prapeud pole,! noaemd by an covered
Check one: slate
A1rport Master
ensue plena
Loral 'd
Plan
Regional �
X Y,s _No
Location of Plen
mu..per.
mS
the ox xiumc..eauesmd sem a Fede.el
Name of Federali,
.:Ilarlan, Yes �_Na
benefon
iting
Fedeel Santorini,benefiting
from Prc ec
oh', esm,mmee,queued be an Fed oral land
Name of Fedemllmmll,snon
ma:allmlan.
Lai of FeLand
_Yes x No
of Prefect
Percentral
I M1eiroamee, reGa.,md hat. an imp=<t or effect
I th
see inet.aaian for aadumnal
m�abe
'Intmmn m
the a'vonmp
provided.
_ yes _X No
9, Number ot:
II rF requested ec n fir s? lacament of Falriieels
due65iemN�n, bus;nsses,o. firms? Families
Business,,
Tes K Na Fa me
ss
10.
Mer mF..related Federal a n this 'See Ions for addinonal infa.manon ro be
cr pre mu ,Pend iny, ant clpareda p.ovided u<
_Yes _7 NO
OF TRAM $FO--RT.ATtop —FEDERAL AVIATI ON A OWNIST NATION was No. 04.X0249
PART U . SECTION C
e
Sponsor hereby mpamems and me cities as follows:
1. Compatible
atible Land Cu.—The Spontor has crime the following motions to mar a compatible mage of land adjacent to or In
of the airport:
See Airport Master Plan for Specific Reco®endacioahe
li. Defaudw.—The S rate is net in default an arm abliation to the United States my v of United States Gmwx
ntelative to the development. open an Or mammnance f au. appear, except a stated heriwits.
None
the existence of climate or pmPosed Ione. use
or
M
None
d. Land. jr) The Spectral holds the following properly intemt in the following mem of land' which am to be developed
u -ed as par of or in eonnethm with the Airport, eubjmt m See following "restate, enewelaw em, and adveree inmrrxe.
Of which cams an 6emiled on the aforementioned proper.v map deagnamd as Exlebd "A':
Fee Simple Title
Exhibit "A" on file at FAA, N.E. Region, Surlingro , Massachusetts
:b mm and Jut and Jesse,, Mr. he me sue wII arms of lrmm,^eed onfy beaidmuft d bennb. the
.hmus
am an. puma Irma of
parts 3a
SAA Form $1 Oa -100 twn
OF j,RAN$PORTATION- FEOERLL AVIATION AOMINISTRATION mice N0. 04 9020e
PART II - SECTION C (Continued)
Near further certifies that the mune is based o title en asm
on by a qualified omx; title m
e mpma and that
raw or title cretin. Ines determined that the ?poneir holds the ebme propers in eresta.
The ipowror will acquire within a reasonable time, but in any :,m N prior to the am of any comma Work under
C the following proper Internet in the fallowing areas of land` on which such cowsuctian work is to be performed,
IIIareas are identiE an the aforementioned propem map de ipined IS Exhibit':Y'I
None
reeonable time. and if feasible prior to the completion of all construction work under
act in the following areas of lmd• which are to be demlaped'oe wed as part of or in
upon completion of the Pmjecu, ill of which areas am identified on the aforementioned
None
em B no Recent of an eahwive tight for the conduct of any weronautiol asst: at an, Amount owned
except AS TIlows:
None
map.
FAN Farm 5100-100 ot=n
amens. team,, em. fair separate arta; of [and need ant,, be
Paye db
I•RTvwT OF TRANS rRTu I I . . ' . —...
DIRMATION — CONSTRUCTIG.
PARL IA11 BU GET NFOO
" SECTION A — GENERAL
Fed<.al Danesfc Assistance Cmulog No ............. 0.102
Fu. ®I a. Ot,, Breakout ............ .....
SECTION B —CALCULATION OF FEDERAL GRANT
.A ........m
C... a...Ificlw.
n ... ..d
<.,A..,,..
rTlm
Acmin1YrAtlCA expense y300
S
S
S 3 000.00
5,500.00
Preliminary expense
Land,structures, dgMat one
ArzAi acturzl engineein third lees
2,900
otter mchtteCeal eagme-ing lees Bangor Admin.
3 000
Pmlect inspection lees
Last 4evel"alt
Relnc9ion Extmses
ocaticn (aymmrs R Inowcwis CIA Sus nesses
oesolition and removal
336,4)0
. conadm iqn am Pmlect lmPmvemsnt
6,000
. EquiPmmt
. Ikh :ellaanus
406 8)0
. Total (Lines `: wrou h In)
r
Estimated lnmme til APlica01e1
. Ne! Protect Amowt !line trained 15)
406 870 _
. Less: IntligiOle Exclusions
. And: contingencies 5.68%
I
23 130
430.000
. Total PAIds Amt. (EFOodlag R Ilaillitah" Gnsts)
38),000
Fedmdi Share rear of Line 19
. Add Rehabilitation Grand Requested (100 Percent)
. Total Federal grant reclested(Una N & 21)
387,000
21.500
. Grease stare
1,500
. Other snares
Tota Project lLires 22, 23824)
S $430030
.
A Yarm Slari»Ter sur Ensaoef aA. FO sin .n
PART IV - PROGRAM NARRATIVE
PREAPPLICATION FOR FEDERAL ASSISTANCE
AIRPORT IMPROVEMENTS
BANGOR INTERNATIONAL AIRPORT
1. GENERAL
The proposed project will be located at Bangor International
Airport, Bangor, Maine. The Airport is the former Dow Air Force
Base, which was closed and turned over to the city of Bangor i
1968/69. The heavy duty runway, taxiway and apron facilities can
accommodate any size civilian or military aircraft. The airport
presently serves domestic and international air carriers as well
as general aviation traffic. Units of the U.S. Air Force Air
Defense Command and the Maine Army and Air National Guard use the
runway taxiway facilities at Bangor International Airport from
separate areas adjacent to the airport property.
2. PROJECT DESCRIPTION
The project is divided into two separate sections. The projects
ares
A. Install a Runway Surface Condition Sensor System on Runway
15-33.
B. Modify existing snow plows and purchase 2 sanders
3. OBJECTIVES
The proposed projects will benefit various types of airport users
and wide range of aircraft from air carrier to general aviation
aircraft. The proposed improvements will upgrade existing
facilities and provide for increased safety and convenience for
airport users.
The proposed project provides for the following:
A. Installation of a Runway Condition Surface Sensor System on
Runway 15-33.
The installation of the runway surface condition sensor _
system will enable a rapid determination of runway surface
conditions and, as a result, be cost effective in snow and
ice removal and increase the margin of safety.
B. Modification of Existing Snow Plows ^
The modification of the existing snow plows will facilitate
snow removal around the in -pavement runway centerline and
touchdown zone lights installed under ADAM -11 and AIP-01.
C. Purchase 2 Sanders
The 2 sanders will be installed on existing snowplows and
will be used for sanding runways, taxiways and apron areas.
4. GEOGRAPHIC LOCATION
Bangor International Airport is located just east Of the central
portion of the State of Maine in Penobscot County. The airport
is two miles from downtown Bangor and approximately 25 miles from
The Atlantic coast. The primary service are of the Airport
includes the Cities of Bucksport, Old Town, and Orono and other
towns within a 301 mile radius. The secondary service area
includes a much larger portion of the State since it is the
State's largest airport currently served by a certified air
carrier and is a U.S. customs port -of -entry. The Airport also
services supplemental air carriers.'
2
b. 49 CFE Part 23 - Participation by Minority Business Enterprise
in Department of Transportation Programs. a
c. 49 DEC Part 27 - Non -Discrimination on the Basis of Handicap in
Programs and Activities Receiving or Benefitting from Federal
Financial Assistance.
d. 41 CFP Part 60 - Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor (Federal and
Federally -assisted Contracting Requirements, Including those
Relating to Disabled Veterans and Veterans of Due Vietnam Era
and Handicapped Workers). a
e. 14 CFR Part 150 - Airport Noise Compatibility Planning. a
Office Of Harassment and Budget Circulars
a. A-95 - Evaluation, Review and Coordination of Federal
and Federally Aaaisted.Programs and Projects. a
b. A-102 - Uniform Requirements for Assistance to
State and Local Governments. a
c. FMC -744 - Cost Principles Applicable to Brants and
Contracts with State and Local Governments.
Executive Orders
a. 11246 - Equal Employment Opportunity in Federal and Federally
Assisted Contracting. a
b. 11593 - Historic Preservation.
c. 11288 - Prevention, Control and Abatement of Nater Pollution.
d. 11926 - Evaluation of Flood Hazards.
Specific assurances required to be included in grant agreements by any
of the above are incorporated by reference in thin grant agreement.
Items marked with (m) apply to both development and planning Exacts.
2. Consistency with Local Plans. The project is reasonably consistent
with place (existing at the time of approval of the project) of
Public agencies authorized by the State in which such airport is
located to plan for the development of the area surrounding the
airport and will contribute to the accomplishment of the purposes
of the Act.
3. Sponsor Fund availability. It "a sufficient funds available for that
Portion of the project costa which are not to be paid by the rated
States and sufficient funs to assure operation and maintenance of
the facility for the purposes constructed.
FPA Form 5100-100 (8-82)
PART V
.. ASSURANCES
These assurances are to be attached t0 and become a part of this grant
agreement.
For airport development projects, these assurances shall remain Is full
force eta effect throughout the useful life of the facilities developed
under this Project, but in any event not to exceed twenty (20) years
from the date of said acceptance of an offer of Federal aid for the
Project. However, these limitations on the duration of the covenants do
not apply to the covenant against exclusive rights and real property
acquired with Federal funds.
For Dlanning projects, only assurances no. 1 (as marked), 2, 3, 4, 16, 25,
260 30, 31, and 32 apPPly, unless Otherwise specified in the grant
agreement.
The sponsor hereby assures and oertiftes, with respect to this grant that:
1. General Federal Requirements. It x111 comply with the following laws,
regulations, policies, guidelines and requirements as they relate to
,the applications acceptance and use of Federal funds for this project:
Federal Leeislation
a. Federal Aviation Act of 1958
b. Hatch Act r '
c. Federal Fair Labor Standards Act a
d. Davis -Bacon Act
e. Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 - Titles II thtl III a
I. National Historic Preservation Act of 1966 c Section 106
g. Archeological Bud Historic Preservation Act of 1966
h. Flood Diameter Protection Act of 1973 - section 102(a)
i. 'Rehabilitation Act of 1973 - Section 504, Section 503
J. civil Rights Act of 1964 - Title VI a
k. Aviation Safety and Noise Abatement Act of 1979 a
1. Age Discrimination Act of 1975
a. Architectural Barriers Act of 1968
n. Vietnam gra Veteram' Readjustment Assistance Act
of 1974 - Section 402
0. Airport and Airway Improvement Act of 1982
P. Powerplant and Industrial Fuel Use Act of 1978 - Section 403
Federal Reralation
a. 49 CFP Part 21 - Nondiscrimination in Federally -Assisted Programa
of the Department of Transportation - Etfectuatied of Title VI
of the Civil Sights Act of 19621. a
FAA Farm 5100-100 (8-82)
8
Y. Authority of Socroor. It has legal authority to apply for the grant,
and to finance and construct the proposed Paoilitiesi that a resolution,
motion, or similaraction has been duly adopted or passed as an
official act of the applicant's governing body, authorizing the filing
of the application, including all understanding$ and assurances
contained therein, and directing and authorizing the person identified
as the official representative of the applicant to act in connection
with the application and to provide such additional Information as
may be required. _
5. Good Title to ASroort. It holds good title, satisfactory to the
Secretary, to the landing area of the airport or site therefor, or will
give assurance satisfactory to the Secretary that good title will be
acquired.
b. Consideration of local Interest. It has given fair consideration to
the interest eP communities on er near which the project may be located.
y. Public Hearings. In projects involving the location of an airport,
an airport runway, or a major runway extension, it bas afforded the
opportunity for public hearings for the purpose of considering the
economic, social, and environmental effects of the airport or runway
location and its consistency with the goals and objectives of such
planning as has been carried out by the community and shall, when
requested by the Secretary, submit a copy of the transcript to the
Secretary.
8, Air and Water Gua13t9 Standards. In projects Involving airport
location, a major runway extension, or runway location it will
provide for the Governor of the state in which the project is located
to certify in writing to the Secretary that tte-project will be
located, designed, constructed, and operated so as to comply with
applicable air and water quality standards. In any case where such
standards have not been approved and where applicable air and water
quality standards have been promulgated by the Administrator of the
Environmental Protection Agency, certification shall be obtained
from such Administrator. Notice of certification or refusal to
certify shall he provided within sixty days after the project
application has been received by the Secretary.
9. Economic Nondiscrimination. It will make its airport available as
an airport for public use On fair and reasonable terms and without
unjust discrimination, to all types, kinds, and classes of
aeronautical uses including the requirement that (A) each air
carrier using such airport (whether as a tenant, statement, or
subtenant of another air carrier tenant) shall he subject to such
FAA Farm 5100-100 (8-82)
4
nondiscriminatory and substantially comparable rates, fees, rentals,
and other charges and such wndiscriminatory and substantially
comparable rules, regulations, and conditions as are applicable to
all such air carriers which make similar use of such airport and
which utilize similar facilities, subject to reasonable clwsificatlens
such as tenants or nontenants, and combined passenger and cargo flights
or all cargo flights, and Such classification Or status as tenant
shall not be unreasonably withheld by any airport provided an air
carrier assumes obligations substantially similar to those already
Imposed on tenant air carriers, and (B) each fixed -based Operator at
any airport shall be Subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed -based
operators making the Same or similar uses of such airport utilizing
the same or similar facilities, and (C) each air carrier using such
airport Shall Save the right to service itself or to we any fixed -base
operator that Is authorized by the airport or permitted by the airport
to serve any air carrier at such airport, and (p) that in any
agreement, contract, lease or other arrangement under which a
right or privilege at the airport is granted to any person, firm,.
or corporation to conduct or engage In any aeronautical activity
for furnishing services to the public at the airport, the sponsor
will insert and enforce provisions requiring the contractor --
(1) to furnish said services on a fair, equal, and not unjustly
discrimiaetOry basis to all users thereof, and
(2) to charge fair, reasonable, And not unjustly discriminatory
prices for each unit or service; provided, that the contractor
may be allowed to make reasonable and nondiscriminatory
discounts, rebates, Or othersimilartypes of price reductions
to voluma purchasers.
(E) that it will not exercise or grant any right or privilege which
operates to prevent any person, firm, or corporation operating
aircraft on the airport from performing any services on its two
aircraft with its own employees (Including, but not limited to
maintenance and repair) that it may choose to perform, and (F) in
the event the sponsor itself exercises any of the rights and
privileges referred to in this Assurance, the services involved
will be provided on the send conditions as would apply to the
furnishing of such services by contractors or concessionaires of
the sponsor under these provisions.
Provided, that the sponsor may establish Such fair, equal, and not
unjustly discriminatory conditions to be met by all users
of the
airport as may be necessary for the safe and efficient operation
of the airport; and provided further, that the sponsor may prohibit
or limit any given type, kind, or class of aeronautical use of the
airport if Such action Is necessary
ary for the safe operaiton of the
airport or necessary to servicethe civil aviation needs of the public.
FAA Form 5100-100 (8-82)
5
10. Exclusive Rights. It x111 permit no exclusive right for the w....
the airport by any.persons providing, or intending to provide,
aeronautical services to the public. For purposes of this paragraph,
the providing of services at an airport by a single fixed -based
operator shall not be construed as an exclusive right if both of
the following apply: (1) It would be unreasonably costly, burdensome,
or impractical far more than one fixed -tweed operator to provide
such services, and (2) if allowing more than one fixed -based operator
to provide such services would require the reduction of space leased
pursuant to an existing agreement between such single fixed -based
operator and such airport.
It further agrees that it will not, either directly or indirectly,
grant or parent any parent, firm or corporation the exclusive right
at the airport, or at Any other airport now owned or controlled by
it, to conduct any aeronautical activities, including, but not
limited to charter flights, pilot training, aircraft rental and
sightseeing, aerial photography, crap dusting, aerial advertising
and surveying, air carrier operations, aircraft sales and cervices,
sale of aviation petroleum product's whether oractconducted in
conjunction with other aautical activity, repair and maintenance
of aircraft, sale of aircraft parts, and any other activities which
because of their direct relationship to the operation of aircraft
n be regarded as an aeronautical activity, and that it will ter -
cleats any exclusive right to conduct an aeronautical activity now
existing at such an airport before the grant of any assistance under
the Airport and Airway Improvement Act.
11. Airoort Operation and Maintenance. It will suitably operate and
maintain the airport and all facilities thereon or coenected therewith,
with due regard to climatic and flood conditions.
It will operate and maintain in a safe and serviceable condition
and in accordance with the minimum standards m may be required
r prescribed by the applicable Federal, State and local agencies
for maintenance and operation, the airport and all facilities which
are necessary to serve the aeronautical users Of the airport other
than facilities owned Or controlled by the United States, and will
not permit any activity thereon which would interfere with its
use for airport purposes; provided, that nothing contained herein
shall be construed to require that the airport be operated for
aeronautical use
e during temporary periods when an", flood or
other climatic conditions interfere with such operation and
maintenance; and provided further, that nothing herein shall be
construed as requiring the maintenance, repair, restoration, or
replacement of any structure or facility which is substantially
damaged Or destroyed due t0 an act Of God Or Other Condition or
FAA Form 5100-100 (8-82)
6
circumstance beyond the control of die sponsor. In furtherance
of this covenant,the sponsor will have in effect at all times
arrangements for --
a. Operating the airport's aeronautical facilities whenever
required;
b. Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
c. Promptly notifying airmen Of any condition affecting aeronautical
use of the airport.
12. Hazard Removal and Mi '• ti It will adequately clear and protect
the aerial approaches to the airport by removing, lowering, relocating,
marking, or lighting or otherwise mitigating existing airport hazards
and by preventing the establishment or creation of future airport
hazards.
13. Comoatlble Land Use. It will take appropriate action, including the
adoption of zoning laws, to the extent reasonable, to restrict the
use of land adjacent to Of in the immediate vicinity Of the airport
to activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft.
14. Use by Government Aircraft. It will make available all of the
facilities of the airport developed with Federal financial assistance
and all thoseusable for landing and takeoff of aircraft to the
United States for use by Government aircraft In common with other
aircraft at all times without Marge, except, if the me by
Goverment aircraft is substantial, charge may be made for a
reasonable share, proportional to such use, for the cost of
operating and maintaining the facilities need. - Unless otherwise
determined by the Secretary, dr Otherwise agreed to by the sponsor
and the using agency, substantial use of an airport by government
aircraft will be considered to "let when operations Of such aircraft
are in excess of those which, ic the opinion of the Secretary,
would unduly interfere with use Of the landing areas by Other
authorized aircraft, or during sty calendar month that --
a. Five (5) or more Goverment aircraft are regularly based at
the airport or on land adjacent thereto; or
b. She total number of movements (counting each landing as a
movement) of government aircraft is 300 or mom, or the gross
accumulative weight of government aircraft using the airport
(the total movements of goverment aircraft multiplied by
gross weights of such aircraft) is in excess of five million
Pounds.
15. Land for Federal Facil+ties. It Will furnish without cost to the
Federal Goverment for construction, operation and maintenance of
FAA Form 5100-100 (0-82)
6.1
facilities for, and usesit connection with, any air traffic
enrol or air navigation activities, or
weather-reporting and
communication activities related to Air traffic control, any
s of Sand or water, or estate therein, or rights in buildings
of the sponsor as the Secretary c nsiders necessary or desirable
for construction at Federal expense of space or facilities for
such purposes.- Such Areas or
any portion thereof well be made
available as provided herein within four months after receipt of
written requests from the Secretary.
16. Standard Acenuntinr Systems. It will keep all project accounts end
cords in accordance with a standard system of accounting prescribed
-
by the Secretary.
17. Fee and Rental Structure. It will maintain a fee and rental structure
for the facilities end aarvlces being provided the airport users which
will make the airport as self-sustaining as possible under the
circumstances existing at that particular airport, taking into account
c
.such factors as the volume of traffic and economy of collection,
except that no part of the Federal share of an airport development
or airport planning project for which a grant is mvio under this
.title or under the Federal Airport Act or the Airport and Airway
Development Act of 1970 shall be Included In the rate base in
establishing fees, rates, and charges for users of that airport.
18. Resorts and Inspections. It will submit to the Secretary such annual
or special airport financial and operations reports as the Secretary
may reasonably request and will make the airport and all airport
records and documents affecting the airport, including deeds,
leases, operation and use agreements, regulations and other
instruments, available for inspection by any duly authorized agent
of the Secretary upon reasonable request. _
19. Airport Revenue. It will expend all revenues generated by the
airport, if it is a public airport, for the capital or operating
costs of the airport, the local airport system, or other local
facilities which am owned or operated by the ow operator
of the airport and directly related to the actual transportation
of passengers of property, provided, however,that if covenants
assurancesor in debt obligations previously issued by the owner
Or operator of the airport, or provisions in governing statutes
controlling the owner or operator's financing, provide for the use
of the revenues from any of the airport Owner or operator's facilities,
including the airport, to support not only the airport but also the
airport owner or Operator's general debt obligations or other
facilities, then this limitation on the use of all other revenues
generated by the airport shall not apply.
FAA Form 5100-100 (8-82)
20. Consultation with. Users. In making a decision to undertake any
airport development project under this title, it shall undertake
reasonable consultations with affected parties using the airport
at Which the project is proposed.
21. Terminal Develooment Prereouisites. For projects which include
terminal development, it has, on the date of submittal of the project
grant application, all the safety equipment required for certification
of such airport under section 612 of the Federal Aviation Act of
1958 and all the security equipment required by rule or regulation,
and bas provided for access to the passenger enplaning and deplaning
area of such airport to passengers enplaning or deplaning from
aircraft other than air carrier aircraft. '
22. Construction Neotion and Ap IS N. It shall subject the construction
work on any prgJect far airport development contained in an approved
project grant application to inspection and approval by the Secretary
and such work shall be in ac ordance with regulations and procedures
prescribed by the Secretary.Such regulations and procedures shall
require such cost and progress reporting by the sponsor or sponsors
of such project as the Secretary stall deem necessary.
23. Minimum Wame Hates. It will include, in all contracts in excess of
$2,000 for work on projects for airport development approved under
this title Which involve labor, provisions establishing minimum
rates of wages, to be predetermined by the Secretary of Labor, in
accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a --276a-5),
which contractors shall pay to skilled and unskilled labor, and
such minimum rates shall be stated in the invitation for bids and
shall be included in proposals or bids for the work.
24. Veterans Preference. It shall Include, in all contracts for work
under project -grants for airport development which involve labor,
such provisions as are necessary to insure that, in the employment
of labor (except in executive, administrative, and superviwry
positions), preference Shall be given to veterans of the Vietnam
era and disabled veterans as defined in Section 515(c)(1) and (2)
of the Act. However, this preference shall apply only where the
individuals are available and qualified to perform the work to
which the employment relates.
25. Audits and seeordkeening Penuirements. It shall keep such records
as the Secretary may prescribe, including records which fully
disclose the amount and the disposition by the recipient of the
proceeds of the grant, the total cost of the plan or program in
connection with which the grant is given or used, and the amount
FAA Form 5100-100 (8-82)
8
anc that port__a the e plan. or prcgr. -
supplied by : other sources, and such other records as will facilitate
an effective audit and it shall make available to the Secretary and
the Comptroller General of the United States, or any of their
duly authorized representatives, for the purpose of audit and
examination, any books, documents, papers, and records of the
recipient that are pertinent to grants received under this title.
ibe Secretary may require that an appropriate audit be conducted
by a recipient.
26. Audit Resorts. In any case in which an independent audit is made
of the accounts of a sponsor relating to the disposition of the
proceeds of a grant or relating to the plan or program in
connection with which the grant was given or used, it shall file
certified copy of such audit with the Comptroller General of
the United States not later than six months following the close of
the fiscal year for which the audit was made.
27. Local Approval. In projects involving the construction or extension
of any runway at any general aviation airport located astride a line
separating two counties within a single state, it has received approval
for the project from the governing body of all villages incorporated
under the laws of that state which are located entirely within five
miles of the nearest boundary of the airport.
28. Civil Rights. It will comply with such rules as are promulgated
to assure that no person shall, on the grounds of race, creed,
color, national origin, sax, age, or handicap be excluded from
participating in any activity conducted with or benefitting from
funds received from this grant.
29. Airoort Layout Plan. It will keep up to date at all times an airport
layout plan of the airport shoving (t) boundaries of the airport
and all proposed additions thereto, together with the boundaries of
all offsite areas awned or controlled by the sponsor for airport
purposes and proposed additions thereto; (2) the location and nature -
of,all existing and proposed airport facilities and structures (such
as runways, taxiways, aprons, terminal buildings, hangars and roads),
including all proposed extensions and reductions of existing airport
facilities; and (3) the location of all existing and proposed
onaviation a and of all existing improvements thereon. Such
airport layout plan and each amendment, revision, or modification
thereon, shall be subject to the approval of the Secretary which
approval shall be evidenced by the signature of a duly authorized
representative of the Secretary on the face of the airport layout
plan. The sponsor will not make or permit any changes or alterations
in the airport or in any of its facilities other than in conformity
with the airport layout plan as so approved by the Secretary If
such changes or alterations might adversely affect the safety,
utility, or efficiency of the airport.
FAA Form 5100-100 (8-82)
30. Preserving Airoort Rights and Powers. It will not enter into any
transaction which would operate to deprive it of any of the rights
and powers necessary to perform any or all of the assurances herein
without the written approval of the Secretary, and will act to
acquire, extinguish or modify any outstanding rights or claims of
right of others which would interefere with such performance by
the sponsor. This shall be done in a manner acceptable to the
Secretary.
It will net dispose of or encumber its title or other interests in
the site and facilities during the period of Federal interest or
while the Government holds bonds, whichever is the longer. The
obligation to perform all such covenants may be assumed by another
public agency found by the Secretary to be eligible under the Act
to assume such obligations and having the power, authority, and
financial resources to carry out all such obligations. If an
arrangement is made for management or operation of the airport by
Any agency or person other than the sponsor or an employee of the
sponsor, the sponsor will roserve-sufficient fights and authority
to insure that the airport will be operated and maintained in
accordance with the Act, the regulations and these covenants.
31. Construction Accemelishment. It will execute the project in
accordance with plans, specifications, and schedules as approved
by the Secretary, and incorporated herein, or with modifications
similarly approved, and will provide and maintain competent
technical supervision at the construction site to assure that
completed work conforms with the approved plans and specifications.
32. Planning Protects. In carrying out planning projects, that:
a. It will Tarnish the Secretary with such periodic reports as
required pertaining to the planning project and planning
work activities.
b. It will include in all published material prepared in connection
with the planning project a =Lice that the material was prepared
under a planning grant provided by the Secretary.
c. It will make such material available for examination by.the
Public, and agrees that an material prepared with funds under
this project shall be subject to copyright in the United States
or any other want".
d. It will give the Secretary =restricted authority to publish,
disclose, distribute, and otherwise use any of the material
prepared in connection with this grant.
FAA Form 5100-100 (8-52)
e. It x111 grant the the Secretary the right to disapprove the
Sponsor's employment of specific consultants and their
subcontractors to do all or any part of this project as
well m the right to disapprove the proposed scope and cost
of professional services.
f. It will grant the Secretary the right to disapprove the use
of the sponsor'a employees to do all or any part of the project.
g. It understands and agrees that the Secretary approval of this
project grantor the Secretary approval of any planning material
developed as pert of this grant does not constitute or imply
My assurance or committment on the part of Me Secretary
toapproveany pending or Future application for a Federal
airport grant.
FAA Farm 5100-100 (8-82)
STANDARD DOT TITLE VI ASSURANCES
The (Name of Sponsor ThA c5.. )
(hereinafter referred to as the sponsor z
THAT as a condition to receiving any Federal financial
assistance from the Department or Transcortacion it will
comply with Title VI of the Civil Rights Act of 1964,
78 Stat. 252, 42 U.S.C. 2000d, 42 U.S.C. 2000d-4 (herein-
arter referred to as the 'Act"), and all requirements
Imposed by or pursuant to Title 49, Code of Federal Regu-
lations Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally
-Assisted Programs of the Department of Transportation—
Effectuation of Title VI of the Civil Rights Act of 1964
(hereinafter referred to as the "Regulations") and other
pertinent directives, to the and that in accordance with
the ActRegulations, and other pertinent directives, no
i
person n the United States shall, on the grounds of race,
color, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected
to discrimination under any program or activity for which
the sponsor receives Federal financial assistance from
the Department of Transportation including the Federal
Aviation Administration, and HEREBY GIVES ASSURANCE THAT
it will promptly take any measures necessary to effectuate
this agreement. This assurance is required by subsection
21.7(a)(1) of the Regulations, a copy of which is attached.
More specifically and without limiting the above general
assurance, the sponsor hereby gives the following specific
assurances with respect. to Alp Project No. 3-23-0005-02
1. Thatthe sponsor agrees that each "program" and
each "facility" as defined in subsections 21.23(e) and
21.23(b) of the Regulations, will be, (with regard to a
"program") conducted, or will be (with regard to a "fa-
cility") operated in compliance with all requirements im-
posed by or pursuant to the Regulations. -
2. That the sponsor shall insert the following noti-
fication in all solicitations for bids for work or material
subject to the Regulations and made in connection with
AIP Project No. _ _
and, in adapted fors n a proposes for negotiate agree-
ments:
The (Name of Sponsor cit I sen or in
) .
in accordance with Tat e o t e Civi ig is Acc
of 1964, 78 Stat. 252, 42 U.S.C. 2000, to 2000d-4
and Title 49, Code of Federal Regulations, Depart-
ment of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally-
assisted programs of the Department of Transportation
issued pursuant to such Acc, hereby notifies all
bidders that it will affirmatively insure that in
any contract entered into pursuant to chis adver-
tisament, minority business enterprises will be
afforded full opportunitytosubmit bids in response
to this invitation and will not be discriminated
against on the grounds of race, color, or national
origin in consideration for an award.
3. That the sponsor shall insert the clauses of
Attachment 1 of this assurance in every contract subject
to the Act and the Regulations.
4. That where the sponsor receives Federal finan-
cial assistance to construct a facility, or part of a
facility, the assurance shall extend to .the entire fa-
cility and facilities operated in connection therewith.
5. That where the sponsor receives Federal finan-
cial assistance in the form, or for the acauisition of
real property or an interest in real property, the as-
surance shall extend to rights to space on, over, or
under such property.
6. That the sponsor shall include the appropriate
clauses set forth in Attachment 2 of this assurance,
as a covenant running with the land, in any future deeds,
leases, permits, licenses, and similar agreements entered
Into by the sponsor with other parties: (a) for the
subsequent transfer of real property acquired or improved
under the Airport Improvement program of the.Federal
Aviation Administration, and (b) for the construction or
use of or access to space on, over, or under real' property
acquired, or improved under the said Airport Development
Aid Program.
7. That this assurance obligates the sponsor for
the period during which Federal financial assistance is
extended to the program, except where the Federal finan-
cial assistance is to provide, or is in the form of,
2 -
personal property, or real property or interest therein
or structures or improvemencs thereon, in which case the
assurance obligates the sponsor or any transferee for
the longer of the following periods: (a) the period
during which the property is used for a purpose for
which the Federal financial assistance is extended, or
for another purpose involving the provisions of similar
services or beneifts, or (b) the period during which the
sponsor retains ownership or possession of the property.
8. The sponsor shall provide for such methods of
administration for the program as are found by the Secre-
tary of Transportation or the official to whom he dele-
gates specific authority t0 give reasonable guarantee
that is, other sponsor, subgrantees, contractors, sub-
contractors, transferees, successors in interest, and
other participants of Federal financial assistance under
such program will comply with all requirements imposed
or pursuant to the Act, the Regulations, and this assur-
ance.
9. The sponsor agrees that the United States has
a right to seek judicial enforcement with regard to
any matter arising under the Act, the Regulations, and
this assurance.
THIS ASSURANCE is given in consideration of and for the
purpose of obtaining any and all Federal grants, loans,
contracts, property, discounts, or other Federal finan-
cial assistance extended after the date hereof to the
sponsor by the Department of Transportation under the
Airport Imorovment program of the Federal Aviation
Administration and is binding on it, contractors, sub-
contractors, transferees, successors in interest and
other participants in the AIP Project Na. 3-23-0005-02
The person or persons whose signa-
tUFe—a a— pp�low are authorizedto sign this assurance
on behalf of the sponsor.
f
ponsor o
by i5 gnatuxa of Aue oTi rized Of t a
- 3
ATTAChMENT 1
During the performance of this contract, the contractor,
for icself, its assignees and successors in interest (here-
inafter referred to as .the "contractor") agrees as follows:
1. Comoliance with Regulations. The contractor
shall com yy with one Regss ac ons relative to nondiscrim-
ination nFederally-assisted programs of the Department
of Transportation (hereinafter, "DOT") Title 49 Code of
Federal Regulations, Part 21, as they may be amended from
time to time, (hereinafter referred to as the Regulations),
which are herein incorporated by reference and made a part
of this contract.
2. Nondiscrimination. The contractor, with regard
to the wor per-kTormedSyit during the contract, shall
not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors,
including procurements of materials and leases of equip-
ment. The contractor shall not participate either directly
or indirectly in the discrimination prohibited by Section
21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontracts, Including Pro-
curements or matertals an qurpment. In all solicita-
tions either by competitive bidding or negotiation made
by the contractor for work to be perforaed under a sub-
contract, including procurements of materials or leases
of equipment, each potential subcontractor or supplier
shall be notified by the contractor of the contractor's
obligations under this contract and the Regulations rela-
tive to nondiscrimination an the grounds of race, color,
or 'national origin.
4. Information and Reports. The contractor shall
provide a= repand reports required by the Ae-
gulations, or directives issued pursuant thereto, and
shall permit access cc its books, records, accounts,
ocher sources of information, and its facilities as 'may
be determined by the sponsor or the Federal Aviation
Administracion to be pertinent to ascertain compliance
with such Regulations, orders, and instructions. Where
any information required of a contractor is in the esclu-
- 4
sive possession of another who fails or refuses to furnish
this information the contractor shall so certify to the
sponsor or the Federal Aviation Administration as appro-
priate, and shall set forth what efforts it has made to
obtain the information.
5. Sanctions for Nonco lience. In the event of
the contractor s noncomp lance wit the nondiscrimination
provisions of this contract, the sponsor shall impose
such contract sanctions as it or the Federal Aviation
Administration may determine to be appropriate, including,
but not limited to --
a. withholding of payments to the contractor
under the contract until the contractor complies, and/or
b. cancellation, termination, or suspension
of the contract, in whole or in part.
6. Incorporation of Provisions. The contractor
shall incluZ�ie pros paragraphs 1 through 5 in
every subcontract, including procurements of materials
and leases of equipment, unless exempt by the Regulations
or directives.issued pursuant thereto. The contractor
shall take such action with respect to any subcontract
or procurement as the sponsor or the Federal Aviation
Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance: Pro-
vided, however, that, in the event a contractor becomes
involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction,
the contractor may request the sponsor to enter into
such litigation to protect the interests of the sponsor
and, in addition, the contractor may request the United
States to enter into such litigation to protect the inter-
ests of the United States.
5 -
ATTACFAENT 2
The following clauses shall be included in all deeds, li-
censes, leases. permits, or similar instruments entered
into by the City of Bangor. Maine, pursuant to the provisions
of Assurance 6(a).
The (Grantee, licensee, permittee, etc., as appro-
priate) for himself, his heirs, personal representatives,
successors in interest, and assigns, as a part of the con-
sideration hereof, does hereby covenant and agree (in
the case of deeds and leases add "as a covenant running
with the land") that in the event facilities are construc-
ted, maintained, or otherwise operated on the said prop-
erty described in this (deed, license, lease, permit, etc.)
for a purpose for which a Department of Transportation
program or activity is extended or for another purpose in-
volving the provision of similar services or benefits,
the (grantee, licensee, lessee, permittee, etc.) shall
maintain and operate such facilities and services in com-
pliance with all other requirements imposed pursuant to
Title 49, Code of Federal Regulations, Department of Trans-
portation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally -assisted programs of the
Department of Transportation -Effectuation of Ticle VI of
the Civil Rights Act of 1964, and as said Regulations may
be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above non-
discrimination covenants, the City of Bangor, Maine shall have
the right to terminate the (license, lease, permit, etc.)
and to re-enter and repossess said land and the facilities
thereon, and hold the same as if said (licenses, lease,
permit, etc.) had never been made or issued.
(Include in deeds.)*
That in the event of breach of any of the above
shall have
discrimination covenants, the City of Bangor, h
the right to re-enter said lands and facilities thereon,
and the above described lands and facilities shall there-
upon revert to and vest in and became the absoluate proper-
ty of the City of Bangor, Maine and its assigns.
- 6 -
The following shall be included in all deeds, licenses,
leases, permits, or similar agreements entered into by
the City of Bangor, Baine pursuant to the provisions of Assur-
ance 6(b).
The (grantee, licensee, lessee, permittee, etc., as
appropriate) for himself, his personal representatives,
successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree (In
the case of deeds and leases add "as a covenant running
with the land:) that (1) no person on the grounds of
race, color, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities,
(2) that In the const=ction of any improvements on, over,
or under such land and the furnishing of services thereon,
no person on the grounds of race, color, or national ori-
gin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination,
(3) that the (grantee, licensee, lessee, permittee, etc.)
shall use the premises in compliance with all other re-
quirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Sub-
title A, Office of the Secretary, Part 21, Nondiscrimina-
'tfcn in Federally -assisted programs of the Department of
Transportation-Eifectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondis-
crimination covenants, the City of Bangor, Maine shall have the
right to terminate the (license, lease, permit, etc.) and
to re-enter and repossess said land and the facilities
thereon, and hold the same as if said (license, lease,
permit, etc.) had never been made or issued.
(Include in deeds.)*
That in the event of breach of any of the above
nondiscrimination covenants, the City of Bangor, Maine shall have
the right to re-enter said land and facilities thereon, and
the above described lands and facilities shall thereupon
revert to and vest in and become the absolute property
of the City of Bangor, Maine and .its assigns.
*Reverter clause and related language to be used only
when it is determined that such a clause is necessary in
order to effectuate the purposes of Title VI of the
Civil Rights Act of 1964.
- 7 -