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HomeMy WebLinkAbout1980-04-14 147 AH ORDERrIA7 AH Introduced by Oouncilor Soucy, Apr11 14, 1980 CITY OF BANGOR (TITLE.) (PrUrp._.__,Au[M1orizing, y'(Cy Manager to Execute Grant „AgreeReDt: BauBar_ ,int, t 1 Airp t DM Projje t No. SAADAP,)) 1003 08(8)8 By W Oily Ooyweii'of W City of Bangor. ORDERED, THAT the City Manager is hereby authorized and directed, an behalf of the City of Bangor, to execute a Grant Agreement with the State of Maine Department of Transportation and the State of Maine Bureau of Aeronautics IPralect No. SAADAP 77.1003-08(8)8[ providing for the funding of repairs to concrete pavement joints and cracks at Bangor International Airport. A copy of the Agreenent is on file in the office of the City Clerk. SN CITY CWMxi April 14, 1980 4] An ORDER 'D APR 10 P392 Titles C EKUl[ .' A..M1oiiei.. City.4 ExecuteCL Vana9ei LO kde te 0 O, Ty CLERK Giant Agreement: Banger International .414—*...... 4........... • AiZPOCt - DW PIO}ect NO. SAA6AP ]].1003-08(8)R. Introd, ced and flied by lman z MEMORANDUM April 17, 1980 TO: Russell J. MaRmna, City Clerk PROM: Robert E. Miller, City Solicitor Enclosed please find a executed "Grant Agreement" between the City of Bangor and the Department of Transportation for the State of Maine for the repair of concrete pavement joints and cracks (Project No. SAADAP 7).1003-08(8)R) at Bangor International Airports The original has been sent to the Department of Transportation. In addition, a copy has been kept for W file and that of the Airport Department. For your information, this document was authorized for signature by virtue of Council Order 147 AN passed by the Council on April 14, 1980. If you have any questions, please call as. R.E.M. Enclosure April 11, 1980 Richard P. DSPietro, Director Bureau of Aeronautics Department of Transportation Transportation Building State Haven Station 16 Augusta; Maine M333 Re: Project No. SAADAP 73.1003-08(8)8 - Bangor International Airport, Bangor, Maine Dear W.'DiPietro: Reclosed please find the original Grant Agreement for the above indicated project relative to the repair of concrete pavement Joints and cracks at Bangor International Airport. The necessary approvals and signatures have been obtained, and I treat yen will find the document in order. I£ you have any questions, please feel free to call my office. Very truly pence. Robert R. Miller City Solicitor ggHac ' Enclosure tet Peter D'Rrrico, Airport manager STATE OF MAINE DEPARTMENT OF TRANSPORTATION TRAN5PWADON WLNNS SMX1 CSTATIONW AUGUSW,MAWE 04000 March 14, 1980 Mr. Peter DlBrrico, Airport Manager Bangor International Airport Bangor BE 04401 Dear Pete: Enclosed please find an original and one copy of a grant agreement for Project No. $AADAP ]].1003-08(8)R for the repair of concrete pavement joints and cracks (approx. 650,000 L.P.), Part II - Acceptance should be completed by the City of Bangor and the original grant offer and acceptance returned to this office. Should you have any questions or comments please let me know. Sincerely, %1EM1ard P. Dipietro, Director Bureau of Aeronautics RPD/j e1 Enclosures STATE OF MAINE 147 AH DEPARTMENT OF TRANSPORTATION Nor+n, t nm.Aa GRANT AGR6811;MT PART I - OFFER Date of Offer Munch d, 1980 Project No. SAADAP 17.1003-08181R Sangot Inttec"Wo nZ Airport TO: Gity e6 Ban9on (RereL:af[er referred Co as [M 'Sponsor') FROM: The State of Maine (acting through the Department of Transportation Bureau of Aeronautics, hereinafter referred to as the "Department") WAFEAS, the Sponsor has submitted to the Depa[ment a Project Application involving a grant of state funds for a project for the acquisition, construction, establishment, safety, expansion, toprovment or protection of the Bangon _ Intennationaf, Airport (hereinafter called the "Airport".) WREREAS, the Department has approved a project based upon this request for development of the Airport (hereinafter called the "ProjecP') consisting of the follovinE described airport development Repa. Conmae Pavement loins and Ckde (appagt. 650,000 1. F. 1• NOW TREREFORE, pursuant to and for the purpoaes of carrying out the provisions of 6 H.R.S.A. 8 17.1, 17.9 and 8 lff.l, and in consideration of (a) the Sponsor's acceptance of this Offer, as hereinafter provided, and (b) the benefits to accrue to the public from the accomplishment of the project and the operation and maintenance of the Airport, as herein provided. PART II - ACCEPPANCP. 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 add by such acceptance agrees to all of the terms and conditions thereof. Executed this 20th day of March 190 . CITY OF BANGOR Name of Sponsor (SEAL) By John W. Flynn Title City Manager Title CERTIFICATE OF SPONSOR'S ATTORNEY I, Robert E. Miller , acting as Attorney for the City of Bangor (,erefn 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 aspects due and proper and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms. Dated at 1980 . of March , Robert E. Miller City Solicitor_ Title TME DEPARTMENT, FOR AND ON BEHALF OF THE STATE OF MINE HEREBY OFFERS AND AGREES to pay, As the State's share of costs incurred in accomplishing the Project,l0k per cent of all approval project costs, subjecttoLite following terms and conditions:- - 1. The Mariano obligation of the State Payable under this Offer shell be! 5 Eitihteen Thoucand 1518 000 001 9ufRatii 2.. The Sponsor shall -- a. Begin 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, am; c. Carry out and complete the Project he accordance with the plans or sketches and specifications as approved by the Department or s they may be revised or modified with the approval of the Department, And; d. Take necessary legal action to revoke any and all existing ma aeronauticsI rights of way or encumbrances actress the landing strip am prevent the issuance of any further such permits of rights of way to trues said strip, and; e. Pursuant to 6 M.R.S.A. operate and maintain the Airport -and all _ facilities thereon o ectad therewith 'which are necessary for airport purposes, and a not permit say activity thereon which would interfere with its use for a r aeronautical Purposes except with the prior written approval of the Department, and; f. Operate the Airport for the use and benefit of the public o 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 wftEla o outside the boundaries of the Airport in any manner (including the construction, Creation, alteration, or growth of any structure or other abject that e. ) which would -create a- hazard - - -- to the landing, taking off, o maneuvering of aircraft at the Airport, or otherwise limit theusefulness of the Airport. '— 1. The Sponsor certifies that it holds property Interests in the 'Ar a aF ------ land which are to be developed of used as a part of or in concertina with the Airport. d. The Sponsor shall keep anu rate accounting of all costs incurred n the project and submit acopy Of each accounting to the Department upon its request for reimbursement of such coats by the Department. 'lot be oIgaed ay any S. This Offer shl of the ostsiof the Project re and the Stunlessshallthis Offer hasebeen accepted by theSponsorwithin sixty (60) days from the above date of Offer or much longer time as may be prescribed by the Department In writing. 6. The Sp0ns0r agrees to coneientloasly perform preventative maintenance n the completed project and to make an application for State funds for repair or replacement Of the project as a result of 'failure to perform such maintenance. The 5 i s acceptance of this Offer shall be evidenced.by Carnation. f [ his instrument by the Sponsor, as hereinafter provided and said Offer and acceptance ahall comprise a Grant Agreement constituting the obligations androd rights ject and the State and the Sponsor with respect tO the ace p o f theoperation and maintenance of the Airport. Such Grant Agremsent shall became effective upon the Sponsor's acceptance of this Offer and shall remain A full force and effect throughout that useful life of (10)he facilities developed date under the Project but in any even[ not to axe e said acceptance. _.. .. ._: STATEOF me MINE Department T Spot rattan By GO see Bureau of Aeronautics By ( �o 'n .. Director