HomeMy WebLinkAbout1978-05-08 236 AF ORDER236 AF
Introduced by Councilor Willey, May 8, 1978
CITY OF BANGOR
(TITLE) @rbtrf—__Authorizing_the..city, -Manager—to.Accept Title. to "Ready ............
Alert" A Located at 8 g Intepnat wal Airport
By tho City Connell of Ike City ofBanyor:
ORDERED,
TUT John W. Flynn, City Managar, is hereby authorized and directed,
on behalf of the City of Bangor to submit an "Application for Airport Property",.
copy of which is on file in the office of the City Clerk, for the transfer by
the general Services Administration to the City of Bangor of certain surplus
property, commonly know as the "Ready Alert Area", c isting of approximately
212 acres, said property to be more particularly described in said Application.
be it further
ORDERED, TDAT John W. Flyon,City Manager, is hereby authorized and directed
to accept delivery from the General Services Administration of all formal
instruments of transfer for said property} and to •agree on behalf of the City
of Bangor that said City shall be bound by all of the terms, reservations,
restrictions and c nditions of the transfer as set forth in saW Application.
be it further
ORDERED, TEAT John W. Flynn, City Manager, is hereby authorized and directed
to take all other necessary and proper action to complete the transfer of said
surplus property to theCityof Bangor.
In City Cannell May 81998 -
Passed
e
City Clark
236 AP
OR DEA
Title,
Anthcris ng The City Manager TO Accept _
...................................... .. ..
TWO To Ready Alan Area located at
.......................................
Bangor International Airport j
Inco ed by -
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.. ...
' koancilma...n
t
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i
236 AT
GENERAL SERVICES ADSONISTRATIM
U. S. POST OFFICE & WURTNDUSE
BOSTON. lYSSAONS8Tf5
APPLICATION FM AIRPORT PROPERTY
BY STATS$ POLISIIAL SUBDIVISION. MUNLCSPALITY$ OR TAR-SC@PARTED INSTITUTIDD
APPLICATION is hereby nude to general Services Administration
by
(hereinafter referred to as Applicant) for the transfer to it, upon the terms
and conditions hereinafter set forth, of surplus property constituting all or
part of the installation generally knave a
Airfield, located mar State of
including certain personal property, all as arm particularly described in
Schedule "A" attached hereto and mode a part hereof. All real or personal
.property described in Schedule 'A" is hereinafter referred to as the "Airport".
TERMS AND b ITIWS
1. This Application *M its acceptance by Coastal Services Administration
shall constitute the entire "cement between the applicant and the general
Servicea Adatnfetrations unless vadifled in writing signed by both parties.
2. Applicant warrants that nes person or agency has been aaployed or retained
to solicit or Soares aecaptame of this application upon m agreement or
understanding far a aanlaalons percentages brokerage or other contingent fee,
except baa fide eaployees or boa fide cumereial agencies maintained by the
applicant for the purpose of doing business. For breach or violation of this
warranty$ the Goverment shall have the right to Annul this contract without
liability, or in its discretion to regvire applicant to pay to it the full
mount of so& commission, percentage, brokers" or contingent fee.
3. The failure of applicant to inspect fully the property described in
Schedule 'A" or is be fully defaced as to the condition thereof will mt am -
Science grounds for any non-rampliAn¢ with the term of this Applications If
accepted by the Gemral Servide Administration.
4. The property offered for disposal will be transferred "as is" and "Share
is" without warranty or guaranty* empress or lapliet• of any ktod or nature.
5. Transfer of property shall be accomplished by an instrument of transfer
in form satisfactory to the General Servines Adniniatration, without vr
anty, expreas or implied, and shall contain covenants coming with the land
for the observance by the transferee of the following reservations, restric-
tions and conditions;,. except that the provisions of a. (1) and (2) shall be
included in the internment of transfer as conditions subsequent rather than
wave owner: -
a Use by the Transferee
(l) That, except as provided in subsection (4) hereof, the above de-
scribed property, hereinafter called Rhe airport" shall be used
for the use and benefit of the public as a public airport on
reasonable terms and without unjust discrimination and without
grant or exercise of any exclusive right for use of the airport
within the msaning of subsection 13 (g) (2) (c) of the surplus
Property Act of 1944, as awarded.
(2) That, except as provided in subsection (4) hereof., the entire land-
ing area, and all structurest improvements, facilities and equipment
in which any interest is transferred shall be maintained for the use
and benefit of the public at all time In good and serviceable con-
dition to assure its efficient asaratlon, prwvlded, hoavert that
such maintenance shall be required as to improvements, fac133tical
and equipment only during the remainder of their estimated life As
determined by the Administrator, federal Aviation Administration,
r his successor. In the event materials are required to ababili-
tate or repair certain of the aforementioned inprovements, facili-
ties. or equipment, they my be presented by demelitlan of other
ispro cants, facilities orequipment conveyed a suit of this
application and located an the shove -described practices, which, in
the opinion of the Administrator, federal Aviation Administration,
or his successor, have outlived their use as airport proporty,
(3) net Inaofar as to within its power the transferee shall Adequately
clear and protect the social approaches w 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,
(4) That Doan of the property described in SMedule "A" shall be used,
leased, sold, salvaged, or disposed of by the grantee or transferee
foe other than airport purposes without the written consent of the
Administrator, Federal Aviation Administration, Mich consent shall
be granted only if the Administrator, Federal Aviation Administra-
tiont determines that the property two be used, leaned, sold, sal-
vaged, or disposed of for other then airport purposes without
materially and adversely affecting the development, improvement,
operation, or maintenance of the airport at which such property is
located.
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b. Use by the Goverment
(1) net the United States of America through any of its employees
or
c
r agents shallat all tis have the tight to make n
xclusive use
of the landing area of the airport at which
any propertyapplied for herein is located or
used, without
charge; provided, howsws, that such usemaybe limited as
may M determined at any tic by the Administrator, Federal
Aviation Administration, to be necessary to prevent undue iuterfer-
ence use by other authoriredircraft; provided, further.
that the United States shall be obligated to pay for damages
caused by such use, , if its use of the lending area
a is
substantial, to contribute o reasonable share of thecost
of maintaining and operating thelanding area commensurate
with the use made by it.
(3) net during any national eergenry, declared by the President
of the United States of nmrrica or the Congress thereof, in-
cluding any existing national worgenry, the United States
shall hew the right to make exclusive o xclusive use and
haw exclusive o xelmlve control and posseavien, with.
out charge, of the airport at whichthe surplus property
applied for Merin In located or aced, as it than exists,
or of such portion thereof as it may desire, provided,
however, that the United Steres shall be responsible for
the entice cast of maintaining such part of the airport
s it my we exclusively, or Were which it may haw
exclusive possession or control, during the period of such
possession, or control and shall be obligated to
contribute 'aa
nable share, commensuratehe
With t
use merle by it, of the coat of maintenance of each prap-
a" as It may use - xclusively or ever which it my
haw n xcluetw central and possession provided,
further, that the United States shall pay a fair rental
for its use, control, or possession, exclusively or nam-
xclusively. of any improvements to the airport made
without United States aid and never mored by the United States.
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C. Miscellaneous.
(1) net no exclusive right, as defined in subsection (g)(2)(C)
of section 13 of the Surplus Property Act of 19". as
mended, for the use of the airport at which the property
applied for herein is located or used shall be scored (either
directly or indirectly) in any person or persona to the
reelected of others in the sass class.
(2) Met the applicant shall grant or obtain for the benefit of
the United Stares a release free any and all liability it
any be under for restoration or other dosages under any
lease or ether afro mat covering the use by the United
States of any airport. or part thereof, owned, controlled,
or operated by the applicant, upan. which, adjacent to
which, or to connection with whish the surplus property applied
for herein was located or used; provided, that no such re-
lease shall be construed as depriving the applicant of any
right it may otherwise hawto receive refabu[secent weer
Section ly of the Federal Airport Act for the necessary
rehabilitative m repair of public airports heretofore or
hereafter substantially damged by any Federal agency.
d. Reservations and Restrictions.
(1) net, in the event any of the term, conditions, cover-
vations, and restrictions upon or subject to which the
property is disposed of are net act, observed, or ceaplied
with, whether don t0 legal inabilityor otherwise, the
title, right of possession, .cut all other sights trans-
ferred shall at the notice of the United States revert
in then existing condition to the United States neon named
adds in writing by the AaMafattater, Federal Aviation
Administration, or his successor, It least sixty (60) days prior
to the date. fired fm therveatfog of such title, right
of poaeession, and other rights transferred, provided
the breach shall rot haw been vomited within such sixty,
(0) day period.
(2) Mat any of the property described in Schedule "A" my be '
Federnaively transferred only will approval of the Adainist[ator,
al Aviation Administration, or his successor, to theextent
required by the provisions of Subsection (a)(6) of Section 5
hereof, with proviso that any such transferee assume all the
obligations f9osed herein.
(3) If the construction as newcomers of any of the foregoing
reservations am restrictions recited herein as covenants
r the applicationof the so= as cowmoto in any particular
Instance is held invalid, the particular reservations
or restrictions In question shall be construed £mtead surely
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maconditions upon the breach of which the United States
y exercise its option to came the title, interest,
right of possession, and other rights transferred, or any
portion thereof, to revert to it, and the application Of
such reservations, or
restrictions of Covenants in any
other Instance and the construction of the reminder of
an& reservations and restrictions as covenants shall
not beaffected thereby.
e Transferee's Obliaatlans. The transferee shall take title subject to
such rights, if any, as third persona may have in the above-described
premiss at the date of disposal of said premises by virtue of any
grant from the United States or others and shall assume all duties,
obligations, and liabilities of the United States or my agency
thereof thereunder and hold the same harmless from all claims
arising therefrom.
f. Mineral Rights, Subsurface rights to minerals or other interests
included in the real property transferred for airport purposes
may not be exploited in such a nay as will interfere with the
efficient operation of the airport
g. United States Rights. The reservation in the United States of the
right, title, and interest in and to all property of whatsoever
nature cot specifically transferred, together with right of
recoval thereof it= the premises within ae onable tim, which
shall not be construed tome any period leasthan one (1) year
after the date of the instrument of transfer. Wring such
period, the United States, its agents, customers, transferees,
successors in interest, and assigns shall have a right of in-
gress to and agrees from the premises for the purpose of using,
disposing of by male or otherwise, and removing such property.
Is. Application of Suboaraeraohs. a.. It. . and c The condition that, if
permitted by law, the provisions of subparagraphs a, It, and c above
shall apply with equal for" and effect to the airport in its present
location, in instances where the airport itself is not included in the
disposal.
1. ferment in Cash of Taxes, Assessments, etc. The transferee shall
make payment in cash to the general Services Administration of
am anMoney of y equivalent to the prorated mount, as of the
date
of acceptance of the bid of the transferee, of all More,
assessments, and similar charges made against the property con-
veyed, in instances where the particular Government agency holding
the property is liable for the p ymnt of such taxes, assessmnts,
or charges.
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J. Walser of Any Existing Gotten. Sha transferee spat obtain for the
benefit of the Goverment, in fors satisfactory to it, a waiver of
a" existing option granted to purchase she airport w any portion
thereof.
6.. Fres the rive the General Services Administration gives notice of atcept-
ne of the application, the applicant $hell Mar all risks and *hall bear
ary and all losses sustained by reason of danage or Injuries that my M
suffered by the. airport property, am notwithstanding Such looses, dement,
or injuries, each and all of the provisions of the easement forum by accept-
ance of this application shall rennin unlepalred and in full force and effect.
1. Upon receipt of Notion of Acceptance of the application by the General
Services Advlaistration the succuseful applicant my, at its option, and upas
notification to the cement Services Adnlnistratiah and approval of the hold-
. ion Governs agency, two diarely enter into possession of the airport
property and want "era", a.d mintain the seen subject to, and in a curdance
with. all of the term and conditions hereinsbou act out AM in addition, for
the perfect prier to delivery of the nonsense or Snsttuesnts of transfer'
- conveying legal title, subject to and in accordance with the following provi-
since. and Conditions:
a Transferee Shall Mooly with all puniness Rules. Ste. The operation
of the airport property. shall be subject to such regulations no my
be prescribed by the Administrator; Federal Aviation Administration,
from ties to ties, and the transferee shallamply with all pertinent
laws. ordinances, rules, orders, or other applicable regulations and
shall hold the United Stares hamlets from any liability or. penalty
Mich may be i*posed by reason of any asserted violation thereof by
the transferee.
b. Llnttatlont on galor structural Clones. The transferee shall not asks,
permit, or suffer any additions, improvements or alterations to the
airport property which constitute any enter structural change or
changes unless such change on changes (I) an wade in carrying out a
project under the Federal Airport Act of 1946, public Law 311, 19th
Congress; or (2) are mde with the prior written consent of the
Advinistretor, Federal Aviation Adminfatratlw. Mange or changes Coed¢
with the prior written cement of said Administrator and cot under
the Federal Aid Airport Progress shall M solely. at the expome of
the transferee. W unless suchconsent provides specifically
that title to the addition or igmovemon so cede shall vest in
the transferee, title thereto shall at all time realm in the
United Stares and ted additions or ioprowmants shall be sub-
ject to all toren and condition of this instrument. The transferee
agrees to hold. the United Stares homeless frau uchanics' and
aateefal®n'e liens attain foam any additions, Saptnmesnss, or
alterations effected by the transferee.
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C. Riot of Inspection. The General Services Administration and
the federal Aviation Administration, or the designated representatives
f either of them, shall base the rightto inspect the airport at
all class.
d. claim far Demme. The transferee agrees to maintain, inde reify,
and saw harmless the United Stares against and from any and all
claim for damages which may arias from or in cosmetics with the
privileges berein granted, excepting claim for injuries or death
to persona resulting from willful or mgldgent acts or pmissdmm
of the United Stares or any of in officers, employees, agents
or agencies.
e. Payment of Merges due. The transferee shall assume responsibility
for the payment of all tomo and ants and public utility
charges hawag mldue n the property from the San of its entering
into possession of the airport property.
f. Violation or Ne¢lect of Contract. That If the transferee violated
or neglects to patina any of the term or condition of the
agreement forced by the acceptance of An application, it will,
if required by the General Services Administration, vents said promisee,
reason all property of the transferee therefrom and restore the land,
improvements, facilities, and equipment ineluged herein to on good
coalition on such date of .expiration or relinquishment as uhan
ceived, ordinary year and war excepted. If the namfern
shall fail or neglect to remove said property and to restore
the land, improvements, facilities, and equipment included
hunts, than, at the option of the Government, said property
shall either becom the property of the United States without -
compensation therefor, or the Gose fmxut my cause the property
to be, request and the lend, improvements, facilities, and
equipment included herein to be so restated at the expense
of the transferee and no claim. for damage against the United
Stares or its officers or agents Shall be created by or mde
on Account of such removal and restoration.
g, When Governm at Pracerty is Una MSMced Por. If. upon removal of
the transferee from the promisee prion n its acceptance of delivery
of the instrument or Instruments of transfer conveyingtitle to
the airport, a" property (other than usable supplies and saiatoO-
ance of the United. States is an accounted for, the
transferee re
sferee shall mice placements to thesatisfaction of the
Admtnfstre[or, federal Aviation Administration, or in lieu of such re-
placement, the transferee shall, if so required by the Administrator
Federal Aviation Administration, pay to the United Stated moray in
an tet sufficient to components far the loss sustained by the lateral
States or any of its species.
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B. The successful
ssful applicant agrees to perfom all a Bary or desirable
-- to enable it to enter into possession of the propertywithivi days -
after acceptance of its application by the Geneiel Services Administration
and agrees to enter into possession not later than that data, under the s¢
provisions and conditions or possession as t
set act Paragraph 1 shove. Tim
shall he of the essence in the agreement forced by such acceptance.
9. The General bervims Administration any assign or transfer its right,
title, and interest in the agreement formed by its acceptance of the appliu-
tien to any other branch or agency of the United Stems, and upon such assign -
sent or testator. such branch on agency shall succeed to all the rights,
powers, privileges, immunities, duties, and obligations of the Several Services
Administration hereunder, and the General Services Administration shall mat
to haany duties or obligettnnsr.
. hereunde.
10.. Neither the newsman Earned by acceptance of this Application or any e
te
interest therein shall be asaignad or transferred by the applicant to say
other party.
11. No mender of or delegate to Congress or Resident Cosmissiomr shall he
admitred to any chase or part of the agreevent fanged by the acceptance of
this Application of to any benefit that may arise therefrom, but this
provision shall not be construed to ermad to Such agreement if aade with
corporation for its "meet hecetit.
Rated this day of , 19
(Nam)
S✓AL)
. (Title)
(Address of Applicant)
ACCEPTAltm BY THE GCVgeN16XT
Accepted by and on behalf of the United States of America this
day of ,19-
GENERAL SERVIMS ADMINISTRATION
By
'TITLE)
SCHEDULE "Al.
Ae the result of a field survey and recommendations made by the
Adalnistrator, Federal Aviation Admiatetration, the property hereinafter -
described has been classified as. available for disposal as airport
property under the Federal Property .and Administrative ServLCea. Act of
1949, as unwashed, and the Surplus property Act of 19", as emended.
(Phe descriptions are believed. to be correct, but any error or mesion
shall not constitute any ground or reason far any claim by applicant
against the General Services Administration or the Federal Goverment.)
a. Land. All that certain parcel of land. located in the
City of
County of ,
Sege of
ance particularly described as:
_9-
b. Buildings and Imrnvemnts
c. Necessery Wergtim enuiomn[
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INSTRUCTIONS TO APpLICANrE Poi AIRItlRT PROPgRSY
1. Standard Application Form. Applications most be submitted on the on -
closed
standard Application Farm. Additional copies and any additiona
information desired may be obtained at the General Services Administration
Regional Office, located at Poet Office and Conxrhouse, Boston,
Massachusetts, 02109.
2. Rights Reserved. The right is reserved to waive very defect or infor-
mality in the applications received and to accept or reject any applica-
tion. In the case of receipt of two or more applications of equal priority
and mrit, choice of the transferee will Ordinarily be based on =ad far
the property as airport property.
3. Property offered in its Entire". The property described in the applies -
elan is offered for disposal 1n its entirety and is noseverable, and bids
for separate porticos thereof will not be considered; provided, however, that
the applicant my delete from Schedule "A" such buildings, improvements and
equipment as it does not desire to acquire hereunder.
4. If Applicant 1s Political Entity. If the applicant is a political en-
tity, there shall be attached to the application copies, in duplicate, of c
much of the retards of its governing body as will show the official character
and authority of the officer signing the application; authorize him to accept
delivery of all formal instruments of transfer and agree that the transferee
shall be bon" by all the term, reservations, restrictions, and renditions
of transfer set forth in the application. Such copies shall he duly =trifled
to be true copies by the secretary or ether official with pavers of rertifics-
ties, and the official seal of the applicant shall be affixed to such certifica-
tion.
5. Applie"b Mut Furnish local Authority. The applicant shall furnish vlth
its application, and as a condition precedent to the delivery of the Afore-
said imatruments of transfer, evidence satisfactory to the General Services
Administration of its legal authority to accept transfer ofthe property ap-
plied for herein and to covenent to Operate and maintain the same in the
manner required hereby.
6. Airport Subject to Inspection. The airport is now subject to inspec-
tion by prospective transferees. The General Services Administration Regional
Office will, upon request, make arrangements far such inspection.
q. Administration's Retire of Acceptance. Notice by the Administration of
acceptance or rejection of the application, ifnotPersonally made to a duly
authorized representative ofthe applicant, shall be deemed to have been
sufficiently given when wiled in a postpaid or franked envelope to the ap-
plicant at the "dress indicated in the application.
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r
Assurance of Compliance with GSA Regulations under Title VI of
the Civil Rights Act of 1964 -
TM following agreement Is mede by the applicant In consideration
of AM fon the purpose of obtaining the transfer of any. or all prop-
erty covered by this application and the applicant r cognlzu and
agnea that any much transfer will be rude by the United States in
reliance on said agreement.
The applicant agrees that (1) the program for or in connection with
which any property covered by this application is transferred to the
applicant will be conducted in compliance with, and the applicant
will comply with and require and other person (any legal entity) who
through contractual or other arrangements with the applicant Is
authorized to provide nervine or benefits under said program to moax-
. ply with, all ngviramen a imposed by or pursuant to the regulations
of the Central Services Administration (41 CM Subpart 101-6.2) Is-
sued under the provisions of Title VI of the Civil Rights Act of 1964;
(y) this agreement shell be subject 1n all respects to the provisions
of said regulations; (5) the applicant will promptly take and continue
to take such action as may be necessary to effectuate this agrommatl
(4) the United States shall haw the right to seek judicial enforce-
sent of this agreement; and (5) this agreement shell be binding Poen
the successors and aegis" of the applicant.
It is agreed that the Instrument affecting the transfer to the appli-
cant ofany property covered by this application will .contain provi.
stens satisfactory to the United Statue incorporating the substance
of the foregoing agreement, much p=vigrena to =motet of (a) a
run-
dition, coupled with a right reserved to the United States tocause
the property = revert to the United Stares 1n the &sent of any
breach of such condition, and (b) a rummager running with the land.
0.14011
GSA -Borten, Mau. 6)-19)0 February 1961