HomeMy WebLinkAbout1968-05-13 132-V ORDER132-V
Introduced by Councilor Porter, May 13, 1968
CITY OF BANGOR
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(TITLE.) MrbtC1.........Authorizing Fling of Application for Airport property
By the 04 CHugeR of My ofBaaynr:
ORDERED,
TEIAT the City Manager be and is hereby authorized to sign the application
for the airport property to be filed with Cenral Cervices Administration and be
it further
ORDERED, that the City Munger be and is hereby authorized to accept
delivery on behalf of the City of Bangor of all formal instruments of transfer,
and be It further
ORDERED, that the City Manager is hereby authorized to agree on behalf
of the City of Ranger that Held City shall be bound by all the terms, reservations,
restrictions and conditions Of transfer set forth in said application.
p,�C,EIVED
1568 MAY -9 PR 4:11
CITY Cl ERN'S OFFICE_
err nrP.rnR r/e4E
IN CITY COUNCIL
Me 13, 1968
PASSED.
CITY
132-V
ORDER
Title,
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Airport NroPertY.
......................................
Introduced and filed by
.......
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GENERAL SEHDICBS ADNLNISIRATIDN
U. S. POST OFFICE A CAIRTNOUSE
BOSTON, MASSAWUS8TP8
APPLICATION PIX AIRPORT PNOPERn
By STATE, POLITICAL SMDNISION, NNiICIPALIn, M TAN-SUPRHTED INSTITPLION
APP11CAT10N is hereby made to Cecral Service Administration
by
(hereinafter referred to as Applicant) for the transfer to it, upon the terms
and conditions hereinafter set fustb, of surplus property constituting all or
Part of the installation generally known as
Airfield, located war State of
including Certain personal property, all as men 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".
Tga115 AND CONDITIONS
l. This Application and its acceptance by General Services Administration
shall constitute the entire agreement between the applicant and the General
Serclee Administration, unless modified in writing signed by both parties.
2. Applicant outcasts that no person or agency has been employed or retained
roaereemWes liei[ or access acceptance of this application upas an agrement or
wing for a cow
iaeion, percentage, brokerage a other contingent fee,
rept bone flan employees or bane fide comerciel agencies maintained by the
applicant for the purpose of doing business. For breach or violation of this
warranty, the Coye[nsent shall have the right to annul this contract without
liability, or in its discretion to require appliwat to pay to it the full
assort of such commission, percentage, brokerage or contingent fee,
1. The failure of spplicare to inspect fully the property described in
Schedule "A" or to be fully informed 98 to the eoadition thereof will Out con-
science grounds for any with the catty of this Application If
accepted by the General Service Administration.
4. The property offered for disposal will he transferred "as Ls" and '%dusse
le" without weresaty or guarenty, express er IgA1ed, of any kind he nature.
5. 'Transfer of property shall be accomplished by an immument of transfer
in form satisfactory to the gemral Services Administration, without war.
anty, express or implied, and shall contain covmnsnts 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 (2) shall be
included in the instrument of transfer as conditions subsequent rather than
covennats:
a Use by the Transferee
(1) That, except as provided in subsection (4) hereof, the above de-
scribed property, betttmfter called '4ha airport" shall be used
for the use
and benefit of the public as a public airport an
mabletetma and without unjust discrimination and without
grant or exercise of any exclusive right for use
of the airport
within the rescind of subsection 13 (g) (2) (c) of the Surplus
Property Act of 1944, as amended.
(2) That. except as provided in subsection (4) hereof, the entire land-
ing areazand all structures, tmproyementa, facilities and equipment
in which any interest is transfertad shell be mintaimed for the use
and benefit of the public at all times in good and serviceable con-
dition to assure its efficient operation, provided, however. that
such maintenance shall be required as to iWrovementa, facilities,
and equipment only during the remainder of their estimated lift as
determined by the Administrator, Federal Aviation Administration,
r his successor. In the event vterials are required to rehabili-
late or repair certain of the aforementiomd inprovements, facili-
ties, or equipment, they may be procured by demolitim of other
improvements, facilities or equipment conveyed as sult of this
application and located on the above-described premises, which, in
the Opinion of the Administrator, Federal Aviation Administration,
or his successor, have outlived their use as airport property.
(3) That insofar as is within its power the transferee shall adequately
clear andprotect the social approaches to the airport by removing.
lowering, relocating, marking or lighting or otherwise nitigeting
existing airport hazards and by preventing the establishment or
creation of future airport hazards.
(4) net none of the property described in Schedule "A" shell be used,
leased. sold, salvaged, or disposed of by the grantee or transferee
fee other than airport purposes withoutthe written coconut of the
Administrator, Federal Aviation Administration, which consent shall
be granted only if the Administrator, Federal Aviation Adninistta-
tim, saturations that the property can be used, leaned, sold, sal-
vaged, or disposed of for other than airport purposes without
materially and adversely effecting the development, improvement,
Operation, or maintenance of the airport at Mich such property is
located.
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b. Use by the Couernm
(1) That the United States of decries through any of its eaployees
Or agents shall at all time hove the right to rape sea -
exclusive uof the taming area of the airport at which
any property applied for herein is located orused, without
charge; provided, however, that such a my be lieteed a
MY be detetnioed at any time by the Administrator, Federal
Aviation Administration, to be ne my to prevent undue interfeo-
ca with use by other aw1orized aircraft: provided, further
that the United States shall be obligated to pay for damages
caused by substantial,cto contribute artasonable shara of the e ofthe
garea
ost
Of mimmining and Operating the lending area w®murste
with the Use =do by it.
(2) That during any national emrgenry, declared by the president
Of the United States of acarine or the Congress thereof, In-
cluding any existing national emrgeacy, the United States
shall have the right to who exclusive o xclusive US, and
have exclusive or nowexclusion control and possession. with-
out charge, of the airport at which the surplus property
applied for herein is located or used, as it than exists,
or of such portion thereof as it may desire, provided,
houever, that the United States shall be responsible for
the entire cast Of maintaining such part of the airport
as it my we xclusively, or over which it may how
exclusive possession or central, during the period of such
Use,
pOaeesslOn, o control and shall be obligated to
contribute a reasonable share, recommender with the
use made by it, of the coat of mintenmer of Sud prop -
Sty as it my See nowexclusively or Over which it my
have nm-exclucive control and possession provided,
further, that the United States shall pay a fair rental
for its use, control, or possession, exclusively o
new
zclvsiwly. of any faprevnents to the airport mas
without United States aid and never owed by the United States.
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Nta mllaveone.
(1) That no exclusive right, as defined in subsection (9)(2)(C)
of section 13 of the Surplus Property Act of 1944, as
mended, far the nen of the airport at Mich the property
applied for herein is located or need shall be vested (either
directly ar indirectly) in any person or persons to the
exclusion of others in the sae class.
(2) Mat the applicant shall grant or obtain for the benefit of
the United Starts a release froth any and all liability it
my he under far restoration or other damages under any
lease or other agreeoent covering the use by the United
States of any airport, or part thereof, owned, controlled,
or operated by the applicant, upon Mich, adjacent to
which, or in connection with Mich the surplus property applied
for herein was located or used; provided, that no such re-
lease shall be construed as depriving the applicant of am
right it may otherwise have to receive reiobursecent under
Section 17 of the Federal Airport Act for the necessary
rehabilitation or repair of public airports heretofare or
hereafter substantially damaged by any Federal ageary.
d. Reservations and Restrictions.
(1) net, in the event any of the term, conditions, reser-
vations, and restrictions upon or subject to whichthe
property is disposed of are t set, observed, o couplied
with, whether she to legal ro
inability or otherwise, the
title, right of poeeesaion, and all other rights trans-
ferred shall at the option of the United States revert
in then existing condition to the United Stares upon demand
made to writing by the Adaindetratoi, federal Aviation
Administration, or his successor, at least sixty (60) days prior
to the date fired for the rewgting of such title, right
of possession, and other rights transferred, provided
the breach shalt not have been reseeded within such sixty
(60) day period.
(2) Mat any of the property described in Schedule "A" my be
successively transferred only with approval of the Ad dnistrator,
Federal Aviation Administration, or his successor, to the extent
required by the provisions of Subsection (a)(4) Of Section 5
hereof, with proviso that any such transferee assume all the
obligations deposed herein.
(3) If the construction as covenants of any, of the foregoing
reservations am restrictions recited herein as
covenants
or the application of the a ante in a" particular
instance is held invalid, the particular reservations
or restrictions in question shall be construed instead werely
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as conditions upon the breach of which the United Stares
may exercise its option to ogees the title, interest,
right of possession, and other rights transferred, ter any
portion thereof, to revert m it, and the application of
such reservations, ortestrictions • covenants ante in my
Other instance and the construction of the x minder of
such reservations and restrictions as wvemnts shall
set be affected thereby.
e Treneferee'e W14 1 TM1e transferee shell take title subject to
such rights, if any, ae tM1trd persons my have In the above-described
premises at the date of disposal of said practises by virtue of any
grant item the United States or others and shall "eve all duties,
obligatfena, and liabilities of the United States or soy agency
thereof thereunder and hold the sere hamlaes it= all claim
arising eherefron.
f. YSnerel Rights. Subsurface rights to a nerals or other lntereats
included in the real property transferred far airport purposes
may not be exploited in such a way u will Interfere with the
efficient operation of the airport.
g. United Steres Rights. The reservation In the United States of the
right, title, and Interest in and to all property of whatsoever
nature Out specifically transferred, together with right of
ranaval thereof from the premims within a reasonable time which
shall Out be construed to mean any "tied leu than oro (1) year
after the date of the Inurement of transfer. During such
Period, the United States, its agents, customers, transferee&,
reae in Interest, and assigns shall have a right of in-
areaetorand agrees from the prealses for the purpose of using,
disposing of by sale or otherwise, and renewing such property.
M1. boli telco of S b h and C. The condition that, if
peiffi[ttd by las, Ne prwleima of subparagraphs; e, E, and c above
shall apply with equal form and effect to the airport in its present
location, in Instances where the airport itself Is Out included in the
disposal.
f. paymne iv Geah of Taxes. Msec The transferee shall
!!1k!
peymnt in <asM1 to the Cemral Services administration of
an ant of money equivalent to the prorated mount, as of the
date Of acceptance of the bid of the transferee, of all team,
assessnents, and stellar charges rode against the property con-
veyed, in instances where the particular Goverment agency holding
the property is liable for the paymet of such tares, moasamnts,
or chargee.
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J. Waiver of An Existing option The transferee moat obtain for the
mfound benefit of the Uneureut, in rm satisfactory to it, a Salver of
any existing option granted to purchase the airport or any portion
thereof.
6. From the time the General Services Administration gives notice of accept-
ance the application, the applicant Shall bear all risks and Shall bear
any Rod all lessee sustained by reason of damage or injuries that may be
suffered by the airport property, and notwithstanding so& losses, daeoge,
r Injuries, each and all of the provisions of the agreenent forced by accept-
ance of this application shall renin unimpaired and in full force and effect.
1. Upon receipt of Notice of Acceptance of the application by the General
Services Admtaistrstim the successful applicant my, at its Option, and upon
notification to the General Services Administration and approval of the hold-
ing Goverment agency, imediately enter into possession of the airport
property and use, Operate, and msintaln the saw subject to, and in accordance
with, all of the terms and conditions bereinaboux set out and in addition, for
the period prior to delivery of the instrument or Lutrueents of transfer
conveying legal title, subject to and in accordance with the following provi-
sions and conditions:
a. lbeneferee Sb ll Coral N all pertinent I N The operation
of the airport property shall he subject to eacM1 regulations as my
be prescribed by the Administrator, Federal Aviation Administration,
from rice to ricer and the transferee shell coolly with all pertinent
lava, ordinances, rules, orders, or other applicable regulations and
shall hold the United States haralesa it= any liability or penalty
which may be imposed by reason of any asserted violation thereof by
the transferee.
b. Linitatfons on Nahor Structural Changes. The transferee shall Out ado,
permit, or suffer any additions, iWrTmmnts or alterations to the
airport property which constitute any major structural change or
changes unless such change or changes (1) are mode in carrying out a
project under the Federal Airport Act of 1946, public Law 377, 79th
Congress; or (p) are adds with the prior written consent of the
Admlketrator, Federal Aviation Adainiatration. Ulange or changes made
with the prior written consent of said Administrator and not under
the Federal Aid Airport Progrm shall be solely at the espouse of
the transferee, and unless such cement provides specifically
that title to the addition or faprmamnts se made aball seat in
the transferee, title thereto shall at all time remfn in the
United States and such additions or ioproulmnte shall be sub-
ject to all terms and conditions of this innermost. The transferee
agrees to held the United Suter harmless fret mchmios' and
mterialmn's liens arising from any additions, improvements, o
alterations effected by the transferee.
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c Right of Inspection The neutral Services Administration and
the Federal Aviation Administration, or the designated representatives
of either of them, shell have the right to inspect the airport at
all times.
d. Claim for Damages, ne transferee agrees to maintain, fudeasify,
and saw harmless the United Stares against and from any aM all
claire for damages which may wise £rem or in connection with the
privileges herein granted, excepting claims for injuries or death
to persons resulting from willful or regligent acts or omissions
Of the United States or any of its officers, employees, agents
or agencies.
e Payment of Morass Due. The transferee shall assume
responsibility
far the payment of all taxes and a menta and public utility
charges becoming due on the property from the date of its entering
into possession of the airport property.
f. Violation or Neglect of Contract. net if the transferee violates
Or neglects to perform any of the terms or conditions of the
agreement formed by the acceptance of its application, it will,
if required by the Secured Services Administration, wastes said premises,
remove all property of the transferee therefrom aM restore the land,
improvements, facilities and equipment included herein to as good
condition on such date Of expiration or relinquishment as when
received, ordinary wear and tear excepted. If the transferee
shall fail or neglect to re said property and to restore
the land, improvements, facilities, and equipment included
herein, then, at the option of the Government, said property
shall either become the property of the United States without
compensation therefor, or the Government may cause the property
to be removed and the lani, improvements, facilities, aM
equipment included herein to be so restated 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.
S. When Government property is Unaccounted For. If, upon removal of
the transferee from the premises prior to its acceptance of delivery
Of the Instrument or instruments of transfer conveying title to
the airport, any property (other than unable supplies and mainten-
ance of the United States is unaccounted for, the
transferee shall make replacements to thesatisfectiou of the
Administrator. 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 States assay in
an mount svfficient to compensate fee the loss sustained by the United
States or any of its agencies.
_y_
S. The a rm s
successful applicant agrees to perfo-all acts necessary or desirable
to enable it to enter into possession of the property within days
after acceptance of its application by the Cenral Services Administration
and agrees to enter into possession not later than that date, under the sme
provisions and conditions or possession as set net in Paragraph J above. Tice
shall be of the essence in the agreement formed by such acceptance.
9. The General Services Administration my assign or transfer its right,
title, and interest In the agreemot for®d by its acceptance of the applica-
tion to any other branch or agency of the United States, and upon such assign -
vent or transfer, such branch or agency shall succeed to all the rights,
powers, privileges, immnities, duties, and obligations of the General Services
Administration hereunder, and the General Services Administration shall uses
to haw any duties or obligations hereunder.
10. Neither the agreement loused by acceptance of this Application or
any
interest therein shall be assigned or transferred by the applicant t any
other party.
1.1. No ,mater of or delegate to Congress or Resident Comismioner shall be
admixed to any share or part of the agreement forced by the acceptance of
this Application or to any benefit that may arise therefrom, but this
provision shall not be construed to extend to such agreement if rude with
a corporation for its general benefit.
(5F AL)
Bated this day of , 19_
(Address of Applicant)
AC@PT M BY THE GOVERMENT
Accepted by and on behalf of the United Starts of Anerica this
day of , 19_
GENERAL SERVICES ADMINISTRATION
SCTEoufE "A"
AS the result of a field survey and recooendatiuns 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 Administrative Services Act of
1949, as ave Med, and the Surplus Property Act of 1944, as amended.
(The descriptions are believed to be correct, but any error or omfasion
shall not constitute any ground or reason for any claim by applicant
against the General Services Administration or the Federal Coverrmnnt.)
a EaM. All that certain parcel of land located in the
City of
County of
State of
m e particularly described as:
_9-
b. Buildings and 1®tavmmnts
C. Xet v O sting enuimmnt
10 -
INSTRUCTIONS TO APPLICANTS M AlgPCBT PRCIBCTY
1. Standard Application Perm. Applications met be submitted on the en-
closed standard Application Form. Additional copies and any additional
information desired may be obtained at the Coastal Services Administration
Regional Office, located at Post Office and Courthouse, Boston,
Massachusetts, 02109.
2. Rights Reserved. The right is reserved to waive any defect or infor-
mality in the applications received and to accept or reject any applies -
tion. In the was of receipt of two orre applitiaof equal priority
and writ, chains Of the transferee will ocam ordinarily be based on need far
the property as airport property.
3. PrmeRv Offered in its Retire tv. Me 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 considered; provided, however, that
the applicant my delete from Schedule "A" such buildings, iupromuents and
equipment as it does not desire to acquire hereunder.
4. If Mali rant is Political Entity. If the applicant is a political en-
tity, there shall be attached to the appllnatia copies, in duplicate, of co
such of the records of its governing body a will show the official character
and authority of the officer signing the application; authorize him to accept
delivery of all formal imtruwnts of transfer and agree that the transferee
shall be bound by all the bar=, reservations, restrictions, and conditions
of transfer set forth in the application. Such copies shall be duly certified
to be true copies by the secretary or other official with pavers Of certifica-
tion, and the official seal of the applicant shall be affixed to such certifica-
tint.
5.Aaolieare ;Nat Furnish Meal Authority, The applicant shall furnish with
its application, arM as a Condition precedent to the delivery of the afore-
said instruments of transfer, evidence satisfactory to the Cewral Services
Administration of its legal authority to accept transfer of the property ap.
plied far herein and to covenant to Operate and maintain the sew in the
wnmr required hereby.
6. Airport Subleet to Inspection. The airport Is new subject to inspec-
tion by prospective transferees. Me Coastal Services Adainistraeion Regional
Office will, upon regpesq mate arrangements for such impaction.
1. Administration's Notice of Acceptance. Notice by the Administration of
acceptance Or rejection of the applicatiee, if not personally made to a duly
authorized representative of the applicant, shall he deemed to have been
sufficiently given when mailed in a postpaid or fr=md envelope to the ap-
plicant at the address indicated in the application.
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Assurance of Copllancs via 056 Regulations under Side TI of
the Civil Rights Act of 1964
The fellwing agree:et it node by the applicant in consideration
of and for the purpose of obtaining the transfer of any or all prop-
erty covered by this Application and the applicant remgnizee end
Agrees that my such transfer will be same by the United Stems in
reliance on saw agremant.
The applicant agrees that (1) the progros for or in convection vlth
which any property covered by this application is transferred to the
applicant will be conducted in coyllance with, and the applicant
will cosply rith and require any ether penes (any legal entity) who
through contractual or other arramseente via the applicant is
authorized to provide • rvica* or benefits under said progress to Am,
ply with, all requiremnts infused by or pursuant to the regulations
of the Ceveral Services Adufaistration (41 M Subpart 101-6.2) Is-
amd under the provisions of Title 11 of the Civil Rights Act of 1964;
(2) this agrement shall be subject in all respects to the previsions
of said regulations; (3) the applicant will proytly mm and cautious
to tam such active as say be m ury m effectuate this ag[eeenp
(4) the United States shall hese the right to seek judicial enform-
vest of this agreemnc; M (5) this agremeat stall be binding upon
the successors ata "signs of the applicat.
It is agreed that the inaRwnt effecting the transfer to the appli-
met of my property covered by this application rill contain prwi-
*ives satisfactory to the United Stam* incorporating the substance
of the foregoing agreeusnt, such provisions to modler of (a) a cm
ditim, coupled with a right reserved m the United States to mum
the property to revere to the United States in the event of my
breach of so2 rendition, and (b) * msmant reunion v1M the lose.
a1-1031
GSA ¢1101. Moen_ y7 ora February I%>