HomeMy WebLinkAbout1998-09-14 98-352 ORDERCOUNCIL ACTION
!9� Item No. 98-352
Date
Item/Subject: Authorizing Execution of BUS Shelter Agreement
-- Birch Circle
Responsible Department: Legal
Commentary:
Joe McNeil, Superintendent of The Bus, has been contacted by the
Bangor Housing Authority, current owner Of Birch Circle on Ohio
Street. This Order would grant a license to the Bangor Housing
Authority to construct and maintain a 5' x 9' bus shelter and all
necessary signs and appurtenances. The attached agreement
outlines all of the terms and conditions between the City and the
Housing Authority regarding the license.
W040
Department Head
Manager's Comments: -D A aw&"Q aod� MU4.� ojw
Associated Information: Agreement
Budget Approval:
/d ar�e� moi.
Finance Director
City solicitor
IntrOdllC�P.d For
Passage
First Reading
Referral Page of
98-352
Awign to Counedar Aube September 14. 1998
CITY OF BANGOR
(TITLE) (orb",— Authorizing Execution of Bug Bh lter Agreement
__. ...... ...... ...... _......
By tM City Q01nlq{ eft Cit ofBm .'
ORDER®,
THAT
Joseph McNeil. Superintendent of The Bus, is
hereby authorized, on behalf of the City of Bangor, to execute a
bus shelter agreement with the Bangor Housing Authority, owner of
Birch Circle located at 1660 Ohio Street. A copy of said agreement
is attached hereto.
IN CITY COUNCIL
September 14. 1990
Passed
CI
LEEK
99,352
ORDER
Title, Authorizing Execution of Bus
Shelter Agreement - Birch Circle
......................................
C 44� "'.. ....
....
Assigned to -
Councilman
Birch Circle
BANGOR HOUSING AUTHORITY, a public body corporate and
politic organized and established under and by virtue of Title 30-A
Maine Revised Statutes 5 4721 and having its principal office in
Bangor, Penobscot County, Maine, and the CITY OF BANGOR, a
municipal corporation organized and existing under and by virtue of
the laws of the State of Maine, located in Bangor, Penobscot
County, Maine, for the purpose of constructing and maintaining a
certain bus shelter for the use and benefit of the public at large
on 1660 Ohio Street, Bangor, Maine and known as Birch Circle,
hereby mutually agree as follows:
(1) Bangor Housing Authority hereby grants a
license to the City of Bangor for the purpose
of constructing and maintaining a 5' x 9' bus
shelter and all necessary signs and
appurtenances thereto, to be located on the
site depicted in a sketch attached hereto as
Exhibit "A". Said license shall be for an
indefinite term, and shall be revocable upon
sixty (60) days prior written notice to the
City of Bangor. In the event of a
revocation, the Bangor Housing Authority
shall attempt to provide a convenient
substitute location on the premises of Birch
Circle.
(2) Bangor Housing Authority agrees to pay the
cost of constructing, relocating and removing
the shelter, which shall at all times remain
the property of the City of Bangor. Upon
relocation or
removal of the shelter, the
Bangor Housing Authority shall be responsible
for any necessary restoration of the shelter
location.
(3) In consideration of the service provided to
residents of the Birch Circle complex, the
Bangor Housing Authority agrees that it shall
98-352
BUS
SHELTER
ASREMMENT
Birch Circle
BANGOR HOUSING AUTHORITY, a public body corporate and
politic organized and established under and by virtue of Title 30-A
Maine Revised Statutes 5 4721 and having its principal office in
Bangor, Penobscot County, Maine, and the CITY OF BANGOR, a
municipal corporation organized and existing under and by virtue of
the laws of the State of Maine, located in Bangor, Penobscot
County, Maine, for the purpose of constructing and maintaining a
certain bus shelter for the use and benefit of the public at large
on 1660 Ohio Street, Bangor, Maine and known as Birch Circle,
hereby mutually agree as follows:
(1) Bangor Housing Authority hereby grants a
license to the City of Bangor for the purpose
of constructing and maintaining a 5' x 9' bus
shelter and all necessary signs and
appurtenances thereto, to be located on the
site depicted in a sketch attached hereto as
Exhibit "A". Said license shall be for an
indefinite term, and shall be revocable upon
sixty (60) days prior written notice to the
City of Bangor. In the event of a
revocation, the Bangor Housing Authority
shall attempt to provide a convenient
substitute location on the premises of Birch
Circle.
(2) Bangor Housing Authority agrees to pay the
cost of constructing, relocating and removing
the shelter, which shall at all times remain
the property of the City of Bangor. Upon
relocation or
removal of the shelter, the
Bangor Housing Authority shall be responsible
for any necessary restoration of the shelter
location.
(3) In consideration of the service provided to
residents of the Birch Circle complex, the
Bangor Housing Authority agrees that it shall
98-352
-2-
be responsible for all necessary repair and
maintenance of the shelter once constructed,
including repair of any damages caused by
acts of vandalism or motor vehicle
accidents. For this purpose, 'maintenance"
shall include the removal of snow and ice
from the shelter area and adjacent walkways
and public sidewalks. Bangor Housing
Authority further agrees that it shall
defend, indemnify and hold the City of Bangor
harmless from any and all claims of any
person arising in whole or part out of a lack
of maintenance orrepair or out of defective
condition of the shelter, the intent of this
Agreement being that the Bangor Housing
Authority shall assume all costs and expense
of defense and all liability to any persons
arising under provisions of the Maine Tort
Claims Act, 14 MRSA S 8104-A(2), and Maine's
Local Highway Law, 23 MRSA S 3855 due to a
lack of maintenance or repair or defective
condition of the shelter.
(4) execution of this Agreement by the under-
signed representative of the City of Bangor
shall be subject to ratification Of Bangor
City Council. This Agreement shall take
effect upon ratification by the Bangor City
Council.
(5) This Agreement is made under and shall be
interpreted in accordance with the laws of
the State of Maine. Any action by either
party to enforce the terms of this Agreement
shall be brought, if at all, in the Maine
District Three District Court, Division of
Southern Penobscot, or in the Penobscot
County, Maine, Superior Court.
WITNESS the following hands and seals this day of
. 1998.
BANGOR HOUSING AUTHORITY
(By)
Witness Elsie C. Coffey
Executive Director
98-152
-3-
CITY OF BANGOR
(BY)
Witness Joseph McNeil
Superintendent, The Bus
STATE OF MAINE
PENOBSCOT, ab.
Then personally appeared the above-named ELSIE C. COFFEY,
Executive Director of the Bangor Housing Authority, and
acknowledged the foregoing instrument to be her free act and deed
in her said capacity, and the free act and deed of said public
body.
Before me,
Notary Public/Attorney-at-Law
Printed Name:
STATE OF MAINE
PENOBSCOT, as.
Em
Then personally appeared the above-named JOSEPH MCNEIL,
Superintendent of The Bus, and acknowledged the foregoing
instrument to be his free act and deed in his said capacity, and
the free act and deed of said municipal corporation.
Before me,
Notary pub11C/Attorney-at-Law
Printed Name:
Birch Circle
BANGOR HOUSING AUTHORITY, a public body corporate and
politic organized and established under and by virtue of Title 30-A
Maine Revised Statutes S 9721 and having its principal office in
Bangor, Penobscot County, Maine, and the CITY OF BANGOR, a
municipal corporation organized and existing under and by virtue of
the laws of the State of Maine, located in Bangor, Penobscot _
County, Maine, for the Purpose of constructing and maintaining a
certain bus shelter for the use and benefit of the public at large
on 1660 Ohio Street, Bangor, Maine and known as Birch Circle,
hereby mutually agree as follows:
(1) Bangor Housing Authority hereby grants a
license to the City of Bangor for the purpose
of constructing and maintaining a 5' x 9' bus
shelter and all necessary signs and
appurtenances thereto, to be located on the
site depicted in a sketch attached hereto as
Exhibit "A". Said license shall be for an
indefinite term, and shall be revocable upon
sixty (60) days prior written notice to the
City of Bangor. In the event of a
revocation, the Bangor Housing Authority
shall attempt to provide a convenient
substitute location on the premises of Birch
Circle.
(2) Bangor Housing Authority agrees to pay the
cost of constructing, relocating and removing
the shelter, which shall at all times remain
the property of the City of Bangor. Upon
relocation or removal of the shelter, the
Bangor Housing Authority shall be responsible
for any necessary restoration of the shelter
location.
(3) In consideration of the service provided to
residents of the Birch Circle complex, the
Bangor Housing Authority agrees that it shall
-2 -
be responsible for all necessary repair and
maintenance of the shelter once constructed,
including repair of any damages caused by
acts of vandalism or motor vehicle
accidents. For this purpose, "maintenance"
shall include the removal of snow and ice
from the shelter area and adjacent walkways
and public sidewalks. Bangor Housing
Authority further agrees that it shall
defend, indemnify and hold the City of Bangor
harmless from any and all claims of any
person arising in whole or part out of a lack
of maintenance orrepair o out of defective
condition of the Shelter, the intent of this
Agreement being that the Bangor Housing
Authority shall assume all costs and expense
of defense and all liability to any persons
arising under provisions of the Maine Tort
Claims Act, 14 MRSA 5 8104-A(2), and Maine's
Local Highway Law, 23 MRSA 4 3655 due to a
lack of maintenance or repair or defective
condition of the shelter.
(4) Execution of this Agreement by the under-
signed representative of the City of Bangor
shall be subject to ratification of Bangor
City Council. This Agreement shall take
effect upon ratification by the Bangor City
Council.
(5) This Agreement is made under and shall be
interpreted in accordance with the laws of
the State of Maine. Any action by either
party to enforce the terms of this Agreement
shall be brought, if at all, in the Maine
District Three District Court, Division of
Southern Penobscot, or in the Penobscot
County, Maine, Superior Court.
WITNESS the following hands and seals this yij_qvyday of
September, 1998.
BANGOR HOUSING AUTHORITY
BY)
fitness isle C. Coffey
ecutive Dire
-3-
CITY OF RANCOR
(BY) y`t.
itnesW Ssept McNeil
erintendent, The Bus
STATE OF MAINE
PENOBSCOT, ss. September ,P1, 1998
Then personally appeared the abOve-named ELSIE C. COFFEY,
Executive DireCtor of the Bangor Housing Authority, and
acknowledged the foregoing instrument to be her free act and deed
in her said capacity, and the free act and deed of said public
body.
Before me,
Na'c/ACYorn -ab Law
Printed Name: gp
vq r�Chy
STATE OF MAINE
PENOBSCOT, s September �, 1998
Then personally appeared the above-named JOSEPH MCNEIL,
Superintendent of The Bus, and acknowledged the foregoing
instrument to be his free act and deed in his said capacity, and
the free act and deed of said municipal corporation.
Before me,
—NOt��l iC /ACCOLney- n -L8W
ri ngE Nam E:
x w. s �ttk.lG..y
11 �.LDII
E2
"A'
-
I BUS SB
\
° F<
�T
-, '1
E1L l�
�.. aon coli
Alrport
•� Y IIa,
MEI
E6 E3
13
82
R3
6