Loading...
HomeMy WebLinkAbout1973-06-25 177 AA ORDER177 AA Introduced by Councilor Baldacci, once 20, 1973 ry� CITY OF BANGOR (TITLE.) (DrDsr AUTHORIZING CITY MANAGER TO ACCEPT TITLE TO A PARCEL OF LANE >"'-tWATEb AT BARWA-INTERNATIML AIRPWf -- --- BY du City Coursed{ of the City of Bangor: ORDERED, THAT Merle P. Goff, City Manager, is hereby authorized and directed, on behalf of the City of Bangor, to submit a "Application for Airport Property," a copy of which i attached hereto and made a part hereof, for the transfer by the General Services Administration to the City of Bangor of certain surplus property, more particularly described in said application. ORDERED, THAT Merle F. Goff, City Manager, is hereby authorized and directed to accept delivery from the General Services Adminis- tration 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 the terns, reservations, restrictions and condi- tions of the transfer as setforth in the attached application. BE IT FURTHER ORDERED, TEAT said Merle F. Goff is hereby authorized and directed to take all other necessary and proper action to complete the transfer of said surplus property to the City of Bangor. NOTE: -- The above described real estate is the former Liquid Oxygen site located on the Brotherly side of the Griffin Road, and is shown n Plan C-1 "Basic Layout Plan, Bangor International Airport," dated April 1, 1970, presently on file at the office of the City Engineer. If the application is accepted, this property will he conveyed by the General Services Administration to the City at no 177 Ax IN CITY COUNCIL dune :25, 1973 PASS®. ORDER c mK Title, NUb.. City. Man. to. Aceept. Title. to. a.. Parcel, of, [and, Located at BIA,, Introduced and Mod by ... C cil�mauy` CgNSBAL SERVICES AMRXISTMSION U. S. POST OFFICE A ODIXTHOUSE BOSTON, NassAOMSSTi3 APPLIMTION FM AIRPORT PIIOPe " By gTATg, MBITIML SUBDNISION, gMICIPUln* M SAF-SUPMlVD INSTITUfION appLIMTIM is hereby made to Cameral Services Administration by the City of Bangor,municipal corporation located in Pembecot County. (hereinafter referred to as Applicant) for the transfer to 1t, upon the terms and conditions burefuefter set forth, of surplus property constituting all or part of the installation generally know as Bangor International Airport % located yeeer in Bangor Stab of Hain including certain personal property, all as more particularly described in Schedule "A" attached hereto and made a part hereof. All real or personal property described in Schedule "A" is hereinafter referred to as the "Airport". PgRNS AhB OONDITIONS 1. This Application and its acceptance by general Services Administration shell constitute the entire agreevent batsman the applicant mud the Mnersl Bervlces Ad"nistratten,. unless modified in writing signed by both parties. 2. Applicant warrants that no person or aSemw has been eoploytd or retained to solicit or "Bruce acceptance of this application upon m agreement or understandion for a commission, percentage, broherage or ether contingent fee, except bane fide eiploymes or bona fide coommoreial agencies maintained by the applicant for the purpose of doing business. For bread or violation of this warranty, the Comer®vt shall have the right to anni this contract without liability, or in Its discretion to rejoin applicant to pay n it the full sweet of such commission, percentage, brokerage or contingent fart. 3. no failure of applicant to inspect fully the property described in Schedule "A" or to he fully ivformd a to the condition thereof well not cen- atltute grounds for any von-oampliance with the term of this Application if accepted by the Cenral Services AdmlalstraMon. 4. The property offered for disposal will be transferred was ie" and 'when is" without warranty or guaranty, express or implied, of any U" or nature. 5. Transfer of property shall be acomplisbed by an instrument of transfer in form satisfactory to the neutral Services Madnistratlon, without war- enty, express or icplied, and shall contain covemnts running 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 (l) shall be included in the instrusent of transfer as conditions subsequent rather than covenants: Use by the Transferee (1) That, except as provided in subsection (4) beraoE, the above de- scribed property, hereinafter called "the airport" shall he used for the Use and hemfit of the public u a public airport m reasonable term and without =lust discrinimtdm And without grant or, exercise of any exclusive right for use of the airport within the manlng of subsection I) (9) (1) (c) of the Surplus property Act of 1946, as clouded. (S) That, except as provided in subsection (4) hfadlltte anthe d entire land- ing area, end all structures, i=rwemnts. ° ipsont in which Any Interest is transferred shall be mintaLmd for the v se and bem4lt of the public as all alms in good and serviceable con- dition to ensure its efficient operotlon, provided, bosever, that so& mintenance shall he required as to SmTwmlonts, facilities, And equipmnt only during the reminder of their estdmted life a determined by the Administrator, federal Aviation Administration r his auccussor. In the event anterial° are required m rdhabilf- tote or repair certain of the afo mntfoma imrpvelonts. facilf- ciee, or equipmnt, they my he pr°carod by demlitim of other m inpravenre, facilities on equipmnt conveyed as a result of this application And located on the above-described preaieea, welsh, In ral ation or his nionsuccessor, of ssor, have � Outliveedrtheireuse As Airport pt ropertytl=. (3) not insofar as is within its power the transferee shall adequately clear and protect the script Approaches to the airport by removinS, lowering, r°lacAtiog. corking or lighting or Otherwise mitigsting existing airport hazards And by praventiog the °stabliehmnt or creation of future airport hseards. (4) That ands, of the property described in Schedule "A" shall be used, leased. Saida salvaged 0, disposed of by the secured ortransform fm other than airport purposes without the written consentp f the Administrator, federal Aviation Administration, which consent shall be granted only if the Administrator, federal Aviation Administra- tion, dotermim° that the preperiy con he vocal Iemed, °old sal- vaged, or disposed of far prior than airport purposes without mterially, and adversely affecting the dewlapmvr, imror+mnt. Operation, or mintanance of the airport at which such property is touted. b. Use by the Governs (1) net the United Stems of America themgh any of its employees or agents shell at all time have the tight to make v marinates use of the lending area of the airport At which any property applied for herein is located o used, without charge; provided, hesever, that such use my be limited as my but determined at any tim by the Adoinistrator, Federal Aviation Administration, to he necessary to prevent undue futerfer- ¢ with use by other authorized aircraft; provided, further that the United States shall he obligated to pay fm damages caused by such use, OT, if a is substantial, to t contribute areasonabls use of e dlending e shareOfthemet Of maintaining and operating the leMing area commensurate With the me made by it. (S) Mat during any national emergency declared by the president Of the United Sterna of America or the Congress thereof, in- cludinS any existing mtfeml emergency, the United States shell have the right to asks exclusive " non.axalusion use and have exclus Lve oc an -exclusive control and possession, with. out charge, of the airport at which the surplus property applied for herein to located or used, as it than exists, or of such portion thereof as it my desire, provided, homcec, that the United States shall he responsible for the entire coat of maintaining such part of the airport s it my One xclusively, on Over which it my have exclusive possession or control, during the period of such use, possession, " control and shall be obligated to contribute a reasonable she", camenmrate with the not male by it, of the cost of mainrnnanrn of much prop- ery as it my usen-exclusively or over which it my have man xcluclvecontrol and possession provided, further, that the United Stems shell pay a fair rental for its was, control, or possession, exclusively ornon- exclusively, of any luorotemente to the airport man without United States aid end never owned by the United States. 3- c. bels cellaneous. (1) Shat m exclusive right, as defined in subsection (g)(2)(C) of section 11 of the Surplus property Act of 1944, as mended, for the use of the airport at Mich the property appllad for herein is located or wed shall be rested (either directly or indirectly) in any person or persons to the exclusion of others in the seen class. (2) net the applicant shall grant or obtain for the benefit of the United States a release from a" and all liability it nay be under for restorative or other damages under any lease " other agreement covering the use by the United States of any airport, or part thereof owed, controlled, or operated by the applicant, upon MIM, adjacent to which, or in connection with MIM the surplus property applied for herein was located or used; provided, that no such re- lease shall be construed as depriving the applicant of awry right it my otherwise have to receive reimbursement weer Section t) of the Federal Airport Act for the necessary rehabilitation or repair of public airports heretofore o hereafter substantially damaged by any Federal agency. d. Reservations and Restrietinm. (1) net, 1n the event any of the term, conditions, reser- vations, and restrictions upon or subject to which the property is disposed of are romat t, observed, or complied with, whether due to legalinability or otherwise, the title, right of possession, and all other rights tram- ferred shall at the option of the United States revert in then existing condition to the United States upon demand made in writing by the Administrator, Federal Aviation Administration, or his successor, at least sixty (60) days prior to the date fixed for therevestingof such title, eight of possession, and other rights transferred, provided the breach shall not have been remedied within such sixty (60) day period. (2) Shat any of the property described in Schedule "A" my be successive IF transferred only with approval of the Mminletrator, Fedal Aviation Adninistvation, or his successor, to the extent required by the provisions of Subsection (a)(4) of Section 5 Served, with proviso that any such transferee casuess all the obligations imposed herein. (3) if the construction as covenants of any of the foregoing reservations a and restrictions recited herein a nano or the application of the a ante in any particular instance is held invalid, the particular reservations or restrictions in question shall he construed instead merely - 4 - e conditions upon the breach of which the United States may exercise its option to come the title, interest, right of possession, aM other rights transferred, or any portion thereof, to revert to its and the application of such reservations, or restrictions as ouster, in any ether Instance and the construction of the reminder of such reservations and restrictions as Warrants shall not be affected thereby. a. haysferee'e 0611aeN She transferee shall tend title subject to such rigFb, IP any, ea Chird pereone may haw in the abosm-described Potatoes at the date of disposal of said penniless by virtue of any grant from the United States or others and shall anaam all duties, obligations, and liabilities of the Uolted States or any agency thereof thereunder and hold the .sass haraslaeg frac all claim arising therefrm. f. Mtorel efeFce. Subsurface rights to unmrals o other interests Secluded In the real property transferred fns airport purposes MY not be explotted in such a way as will interfere with the efficient operation of the airport. s. United States Rights. The reservation In the United states of the right, title, and Interest in and to all property of whaauever nature ant specifically transferred, together HN right of moval thereof from She preaslses within a reasonable tirech , id .hall not be Construed to m any period leas than ore (1) "at after the data of the instructor of transfer, luring such period, the United States, its agents, cuatamrs, transferees, successors in interest, and asaigns shell have a right of in- gress to and agrees from the premises for the purpose of using, disposing of by sale otherwise, and redwing so& property. I. AmUcationf S b h d. The condition that, if permitted by lax, the provisions of subparagraphs a, b, and c above shall apply with equal farce and effect to the airport in its present location. in instances where the airport itself is not included in the disposal. I. payment In Gab of S - TM nrensterm shall mete paynent In cash to the General Services Admaistration of Rat mount of away equivalent to the prorated mount, as of the date of acceptance of the bid of the transferee, of all taxes, ansessavatte, and similar charges code against the property con- veyed, in instances where the particular Goverment agency holding the property in liable for the paynent of such tame, asaesamnts, or charges. - 5 - J. Geiwr of Any Existing Option. The transferee moat obtain for the benefit of the Goverment, in form satisfactory to it, a waiver of any existing option granted to purchase the airport or Say portion thereof. 6. From the rice the General Services Administration ghee notice of Script - ones the application, the applicant stall bear all risks and shall bear any and all ltrner Sustained by reason of damage or injuries that my be suffered by the airport property, ard notwithstanding such leaves, damage, or injuries, each and all of the provision of the agreemnt forced by accept- ance of this application shell ramie minpaired end in full fora and effect. 1. Upon receipt of Notice of Acceptance of the application by the GSawral Services Administration the successful applicant nay, at its Option, and upon notification to the Central Services Administration and approval of the hold- ing Gomracent agency, 1nevedia rely enter into possession of the airport property and use, operate, and maintain the saw subject to, and in accordance with, all of the term and conditions hereinabove get Out and in addition, for the period prior to delivery of the instrument or imtruesents of transfer waveying legal title, subject to and in accordance with the following provi- sions and conditions: o h a £e sh 11 Cam 27111 b l pertinent 1 The operation f Ue airport property shall be subject to Such regulations as my be prescribed by the Admioda rater, Federal Aviation Administration, from tim to tim, and the transferee shall woply with all pertinent Law, ordinances, rules, "data, or other applicable regulatiove and shell hold the United States hamiess from any liability or penalty which my be tapered by reason of any asserted violation thereof by the transferee. b. LlattatiTan Nal Structural Q ne . The traPeree phg11 net make, permigt, a suffer any additions, inproeecente or alterations to the airport property which constitute any mjor structural change o ch $Sea unless Ouch change or changes (1) are rode in carrying out e project under the Federal Airport Ac[ of 1906, Public Lav 377, 99th congress; Or (2) are Rude with the prior written coent of the Administrator, Federal Aviation Administration. merge ec changes rode with the prior written consent of said Adadnlstrator aM not under the Federal Aid Airport Progress shall he solely at the expense of the transferee, Suedunless such consent provides Specifically that title to the addition or ingrowavnts so rode shall vest in the transferee, title thereto shall at all time renin in the United States Said cud additions or iWOMmena shall be said - Jeer to all term and coMRiew of this fnetrusent. The transferee agree$ to hold the United States har $leas free mchanice• aM Ruterialm to liens arising frm any addition, inprommnta, Or alterations effected by the transferee. -b- e Right of Inanection. She General Services Administration and the Federal AViation Administration, or the designated representative& of either of than, shall hats the right to inspect the airport at all times. d, claim for Uammus. The transferee agrees to maintain, indemnify, and save harmless the United States against and from any and all claim for damages which meq arise free or in connection with the privileges herein granted, excepting claim for injuries or death to persons resulting free willful or negligent acts or emissions of the United States or any of Its officers, employees, agents or agencies. e Pavvent of Chargee sae. The transferee shall assume responsibility for the pavuent of all tares and a gamonts and public utility charges becoming dam on the property from the date of its entering into possession of the airport property. f. Violation or Seelect of Contract. That If the transferee violates or neglects to perform any of the term cr conditions of the agreement farmed by the acceptance of its application, it will, if required by the General Services Administration, secure @aid preMscs, all property of the transferee therefrom and restore the land, iwro menta, facilities, and equipment included herein to as good condition an such date of expiration or relinquishment as when received, ordinary war and [ear excepted. If the transferee shall fail m maker to remove said property and to restore the land, improvements, facilities, and equipment included herein, than, at the option of the Goverment, said property shall either become the property of the United States without compensation therefor, or the Government my cause the property to be removed and the land, improvements, facilities, and equipment included herein to be so restarr! at the expense of the transferee and no claim for damage against the United States or its officers or agents shall be created by or made on account of such removal and restoration. g. when Government Property IF Unaccounted Far. If. Von removal of the transferee from the premises price to its acceptance of delivery of the ins tram or or Instruments of transfer conveying title to the airport, any property (other than enable supplies and aminten- ante of the United states is unaccounted for, the transferee shall make replacements to the satisfaction of the Administrator, Federal Aviation Administration, or in lieu of such re- placement, the transferee shall, if ea required by the Administrator, Federal Aviation Administration, pay to the United Statex money in an mount sufficient to compensate fee as lase sustained by the United States or any of its agencies. S. See successful applicant agrees to perform all aces necessary o desirable to enable it to enter into possession of the property within 15 days after acceptance of its application by the General Services Administration and agrees to enter into possession not later than that date, under the so= provisions end conditions or possession as set out in Paragraph p above. Tim shall be of the essence in the agreement formed by such acceptance. 9. The General Services Administration may assign or transfer Its right, title, and interest in the agreement formed by its acceptance of the applica- tion to any Ocher branch or agency of the United States, and upon such asclgn- mnt or transfer, such brand or agency shall succeed to all the rights, powers, privileges, immunities, duties, and obligations of the General Services Administration hereunder, and the General Services Administration shall mase to base any duties or obligations beneunder,, 10. Neither the agreement formed by acceptance of this Application Or any interest therein shall be assigned or transferred by the applicant to any other party. 11. No member of or delegate to Congress or Resident Commisslwrer shall be adaltred to any share or part of the agreement formed by the acceptance of this Application or to any benefit that may a fee therefrom, but this provision shall not be construed to extend to such agreement if made with a corporation for its general benefit. Bated this day of dune lg J3 City of Bangor By ( S s A b ) City Manager 1 73 Harlow Sfree`Tie) Bangor, Raine 04401 (Address bf Applicant) ACCEPUNCE BY THE GOVERNMENT Accepted by and on behalf of the priced States of America chfa day of , 19_ GEMRAG SERVICES ADMINISTRATION (TIM) -a- SCHEDULE "A" As the result of a field survey and receanendatims; made by the Administrator, Federal Aviation Administration, the property hereinafter described has been classified as available for disposal as airport property under the Federal property and A nistrative Services Act of 1949, as Branded, and the Surplus property Act of 1944, as amended. (The descriptions are believed to be correct, but any error or omission shall not constitute any ground or reason for any claim by applicant against the general Services Adminiaeration or the Federal Government.) a, land. All that certain parcel of land located in the City of Batgov r County of Penobscot State of Fain . described as: .ore petrel 3 Tract 39 (Portion) Beginning at an iron pipe in the northuesterly comer of the herein described parcel of lend, Bata pipe having coordinates of North 357,825.68 East 416,536.33 in the Neige Coordinate Sget®o East Zone; Thence running North 78034'43" East 460.92 feet to An imn pipe, South 36022143" Wast 530.18 feet to m iron pipe, North 8902517" West 174.81 feet to an from pipe Bond North 6024 East 335.93 feet to the point of beginning. containing 2.55 some more or lees. - 9 - b. Buildings and Imtoyenents Storage, Liquid O; n Ped (417 Sy) Paved Shoulder (13 n) Road 301 x 1751 L (1625 Hy) Road 12 x 3371 L Road 20 % 921 L Water Distribution Maine (70 LF) Area Lights (6 each) Secondary Distribution OH (20 FP) with 3-5 DPA TransPoraers, etc. Seoondary Distribution D0 (287 FD) C. Neussaw Operating Epuipuent None - 10 - INSTRUCTIONS TO APPLICANTS PIX AIRPORT PROPERTY 1. SItandard Poo lication Form. Applications went be submitted on the en- closed standard Application Form. Additional copies and any additional information desired pry be obtained at the General Services Administration Regional Office, located at Post Office and Courthouse, Boston, Massachusetts, 02109. 2. Rights Reserved. She right is reserved to waive a" defect or infor- Many in the applications received and to accept or reject a" applica- tion. In the case of receipt of tw or were applications of equal priority and merit, choice of the transferee will ordinarily be based on Owed for the property as airport property. 3.Pr art offered in its Entirety. The property described in the applica- tion is offered for disposal in its entirety and is not severable, and bids for separate portions thereof will not be comidered; provided, however, that the applicant may delete from Schedule 'An such buildings, improvements and equipment as it aces not desire to acquire hereunder' 4. If ° �Iicania Political, Entity. if the applicant is a political en- tity, there shall be attached to the application copies, in duplicate, of so much of the records 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 bound by all the terms, reservations, restrictions, and conditions of transfer met forth in the application. Such copies shall be duly certified to be true copies by the secretary or other official with poseurs of cartifica- tion, and the official seal of the applicant shall be affixed to such certifica- tion. S, Pu Leh lasal Authority. The applicant shall furnish with its application and as e condition precedent to the delivery of the afore- said instruments of transfer, evidence satisfactory to the General Services Administration of its legal authority to accept transfer of the property ap- plied for herein and to covenant to operate and maintain the same in the manuer required hereby. 6. Airport Subleft to Inflection. The airport to now subject to inspec- tion by prospective transferees. The General Services Administration Regional Office will, upon request, waft arrangements far such inspection. y. 1 t Notice of Acceotence. Notice by the Administration of cceptance rejection of the applimaeim, if not personally made m a duly authorized representative of the applicant, shall be deemed to have been sufficiently givev when mailed in a postpaid or franked envelope to the ap- pliewt at the address indicated in the application. 11 - MR 101.2/.309.2(b) NON-DICCB MATIM CMNANT (to be included in instrument of conveyance) The Grantee covenants for itselfs its heirs, aceesoret and assigns end every successor in intemet to the pmpertyhereby conveyed, or any, part thereof$ that the said Grantee and such b91rs, suoceesoxs. and assign shall not discriminate upon the basis of race,colery religion, or national origin in the uses Occupancy, ealev or lease o£ the pmperty, or in their, employment practices conducted thereon. This covenant shall not apply, however, to the lease orrental of a room r memo within a family dwelling unit{ nor shall it apply with respect to religion to premises used primarily for religious purposes. The Unitld States of America shall be deemed a bedefieiary of this covenant without regard to whether it remains the owner of may land or interest therein in the locality of the property hereby conveys$ and shall have the sole right to enforce this covenant in &ty court O{ competent jurisdiction. CITY OF BANGOR, MAINE Engineering Department Tuve 19, 1973 TO: Municipal Officers Pursuant to Council Order 149 -AA passed May 30, 1973, directing the City Engineer to prepare a report relative to the cost of providing sewer service to the Hemmed Street area west of Interstate Highway I-95, the following report is submitted: The study was made at the request of Mr. Frank Murray, the owner of property at 841, 847 and 849 Hammond Street. The sewer extension is necessitated by malfunctioning septic tank systema on those properties. The proposed sewer installation would begin at an existing sewer located approximately 300 feet south from Hammond Street at an Mifisting manhole located in the dedicated right-of-way of ldred Avenue, and would extend in a northerly direction to Hammond Street, and thence in an v easterly direction to serve the properties in question. Then installation would consist of 405 feet of B" Class 2400 asbestos cement pipe and two manholes. The total estimated cost of installation is $4500 of which 75%, or $3375 may be assessed against the properties benefited. It should be noted that the sewer extension would not only serve e the r property owned by Mr. Murray, having a total a of 18,700square feet, but would also serve 126,400 square feet of land owned by the University of Maine, located north of Hammond Street and west of Interstate Highway I-95. In this respect, it is proposed that the s assessment be prorated against the above-mentioned prop- erty inproportionto the area served, as follows: Total Assessment Land owned by Frank Murray - 18,700 sq. ft. $ 434.95 Land owned by Univ. of Maine - 126,400 sq. ft. $2940.05 Total: $3375.00 It should be also noted that Mr. Murray requested in his petition that the sewer assessments be reduced from 75% to 50%. If this were done, then the total asent for the above-mentioned sewer extension would be $2250, to be assessed as follows: Total Assessment Land owned by Frank Murray - 18,700 sq. ft. $ 289.95 Land owned by Univ. of Maine - 126,400 sq. ft. $1960.05 Total Assessments: $2250.00 It is recommended that the sewer assessments be reduced to 50%, rather than the 75% which has been a assessed previously. The State Statutes allow municipalities to assess up to 50%, and apparently only Bangor and Portland a allowed to a It is felt that 75% i , especially i sof emergency, such as this, where thesewerextension is in necessary for health reasons. Furthermore, it is felt that the reduction of sewer assessments to 50% will stimulate private development of residential and commercial areas. It should be pointed out that the assessment for street construction is only 50%. it is recommended that the sewer assessment against the property of Frank Murray he limited to 50%, to be levied upon completion of the sewer construction. It is further recommended that the assessment against the University of Maine property be limited to 50%s f the University agrees to pay the assessment upon completion of the sewer; if the University requests that the assessment be deferred, then it is ended that their prorated share be computed at the rate of 75% for deferment. A plan showing the proposed sewer extension is attached. Respectfully Submitted, k'� it T. Frawley City Engineer