HomeMy WebLinkAbout1995-04-10 95-160 ORDERCOUNCIL ACTION
Item No. 95-160
Date April 10 1995 -
Item/Subject: Authorizing Execution of Has Shelter Agreement --
Northwoods Apartment Complex
Responsible Department: Legal
Joe McNeil, Supt. of The Bus, has been contacted by First Bangor
Housing Associates, a Massachusetts Limited Partnership qualified
to do business in Maine and current owner of the Northwoods
Apartment complex on Hasson Avenue. This Order would grant a
license to First Bangor Housing Associates to construct and
maintain a s' x 9' bus shelter and all necessary signs and
appurtenances. The attached agreement outlines all of the terms
andconditionsbetween the City and First Bangor Housing Associates
regarding the license.
Department e *
Manager's Comments: &OI" -^^ ` 4 pp/`
City Manager
Associated Information: Order, Agreement
Finance Director
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CitySol'citor
Introduced For CONSENT AGENDA
X— Passage
First Reading
Referral Page I of 6
95-160
Awigned to Councilor Cohen April 10, 1995
CITY OF BANGOR
(TITLE) MOM _. A tben nziag a cion of s e shelter
Agreement -- Northwoeds Apartment Complex
By cay Cmema ofthr CYy of Daemon
OEDEEE%
THAT Joseph McNeil, superintendent of The Bus-, is hereby
authorized, on behalf of the City of Bangor, to execute a bus
shelter agreement with First Bangor Housing Associates, owner of
the Northwoods Apartment Complex located at 92 Musson Avenue. A
copy of said agreement is attached hereto.
IN CITY COUNCIL 95-160
April, 10, 1995 O R D E R
Pao Cts
Title,
CI LSRK- AuFM1?F zing Enecv[fon of Bus SM1 It
Aeieemen� ' 9orE6:o6d'e'Apai6t Cn lex
......................................
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Councilman
95-160
Pl kklI: AFid3SM18 J I I Y
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FIRST BANGOR HOUSING ASSOCIATES, a Massachusetts Limited
Partnerhsip qualified to do business and doing business in the
State of Maine, and having its principal place of business in
Boston, Suffolk County, Massachusetts, 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 and across the parcel of land located at 42 Musson Avenue,
Bangor, Maine, owned by the First Bangor Housing Associates and
known as the Northwoods Apartment complex, hereby mutually agree as
follows:
(1) First Bangor Housing Associates hereby grants a
license to the City of Bangor for the purpose of
constructing and maintaining a s• 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, First Bangor Housing Associates shall
attempt to provide a convenient substitute
location on the premises of the Northwoods
Apartment complex.
(2), First Bangor Housing Associates 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, First Bangor Housing
Associates shall be responsible for any necessary
restoration of the shelter location.
(3) In consideration of the service provided to
residents of its Northwoods Apartment complex,
First Bangor Housing Associates agrees that it
-2-
95-160
shall 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. First Bangor
Housing Associates further agrees that it shall
defend, indemnify and hold the City of Bangor
harmless from any andall claims of any person
arising in whole or part out of a lack of
maintenance or repair or out of defective
condition of the Shelter, the intent of this
Agreement being that First Bangor Housing
Associates shall assume all coats 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 4 3655 due to a lack of maintenance or
repair or defective condition of the shelter.
(4) Execution of this Agreement by the undersigned
representative of the City of Bangor shall be
subject to ratification of the 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, it 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
1995.
FIRST BANGOR HOUSING
ASSOCIATES
(BY)
Name:
Title:
95-160
-3-
CITY OF BANGOR
(BY)
Witness Joseph McNeil
Superintendent, The Bus
STATE OF MAINE
Penobscot, as. 1995
Then personally appeared the above-named
and acknowledged the above instrument to be his/her free act and
deed in his/her said capacity.
Before me,
Notary Public/Attorney-at-law
Printed Name:
STATE OF MAINE
Penobscot, as. 1995
Then personally appeared the above-named Joseph McNeil in his
capacity as Superintendent of The Bus and acknowledged the above
instrument to be his free act and deed in his said capacity.
Before me,
Notary Public/Attorney-at-Law
Printed Name:
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