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HomeMy WebLinkAbout2018-07-23 18-290 OrderTitle, Order CITY COUNCIL ACTION Council Meeting Date: 07/23/2018 Item No: 18-290 Responsible Dept: Legal Requested Action: Order 07/23/2018 18-290 Authorizing Execution of Agreement with BOMARC, INC - Bomarc Road Pump Station Map/Lot: N/A Summary This Order will authorize an agreement with BOMARC, INC for the demolition of the Bomarc Road Pump Station. The City of Bangor owns an obsolete pump station which was originally constructed by the U.S Government and has not been used for a number of years. It is currently in a state of disrepair and BOMARC, INC, owner of a lot of land abutting the pump station, has requested permission to demolish the pump station. If approved, BOMARC Inc. will demolish the structure and the City of Bangor, through the WWTP will provide the demolition permit at no cost to BOMARC Inc. This item was reviewed and recommended for approval by the Infrastructure Committee on July 16, 2018. Committee Action Committee: Meeting Date: Action: Recommend for passage For: Against: Staff Comments & Approvals CISA i\f\ �.� City Manager Introduced for: Consent J2/< City Solicitor Finance Director CITY OF BANGOR ORDER Date: 07/23/2018 Item No: 18-290 Assigned to Councilor: Weston 07/23/2018 18-290 Authorizing Execution of Agreement with BOMARC, INC - Bomarc Road Pump Station WHEREAS, the City of Bangor owns a pump station in the Bomarc Road right-of-way; and WHEREAS, the pump station was originally constructed by the U.S. Government and has not been, nor needed to be, operational for a number of years; and WHEREAS, the pump station is in a state of disrepair; and WHEREAS, BOMARC, INC is the owner of a lot of land (Tax Map R45 — 001-G) abutting the pump station; and WHEREAS, BOMARC, INC has requested permission to demolish the pump station. Be it Ordered by the City Council of the City of Bangor that, Catherine M. Conlow, City Manager, is authorized on behalf of the City of Bangor to execute an agreement with BOMARC, INC for the demolition of the inactive pump station on Bomarc Road. Said agreement shall be in a form substantially the same as attached hereto and in a final form as approved by the City Solicitor. 18-290 JULY 23, 2018 AGREEMENT Agreement made this day of 2018 by and between the City of Bangor and BOMARC, INC. WITNESSTH WHEREAS, the City of Bangor owns a pump station in the Bomarc Road right-of-way; and WHEREAS, the pump station was originally constructed by the U.S Government and has not been, nor needed to be, operational for a number of years; and WHEREAS, the pump station is in a state of disrepair; and WHEREAS, BOMARC, INC is the owner of a lot of land (Tax Map R45 — 001-G) abutting the pump station; and WHEREAS, BOMARC, INC has requested permission to demolish the pump station; and NOW THEREFORE, the parties agree as follows: 1. BOMARC, INC will demolish the pump station on Bomarc Road identified in Exhibit A attached hereto. 2. Demolition shall begin no later than 8/15/18 and shall be completed no later than 10/15/18. 3. BOMARC, INC shall obtain all appropriate permits from the City before starting demolition including a demolition permit. The City shall be responsible for payment of all required permit fees. 4. BOMARC, INC, or its contractor, shall during the entire term of this Agreement, at its own expense, maintain insurance of the following type(s) with companies authorized to do business in the State of Maine: Comprehensive Public Liability Insurance - Bodily Injury or Death of not less than $1,000,000 each occurrence, whether for one person or more than one person, and - Property Damage of not less than $1,000,000 each occurrence 18-290 JULY 23, 2018 for all claims arising out of its activities at the covered location. The City shall be provided with certificates of insurance evidencing such coverage, which shall name the City of Bangor as an additional insured. 5. BOMARC, INC shall indemnify and hold the City, its inhabitants, employees and agents, forever harmless from and against all liability, loss or expense imposed upon the City, its inhabitants, employees and agents, by reason of legal liability for injuries to persons and damages to property caused by any act or omission, negligence or other misconduct in or about the demised premises by BOMARC, INC, its employees and agents. 6. The demolition of the pump station shall be coordinated with and under the supervision of the Superintendent of the City of Bangor Waste Water Treatment Plant, or his designee. 7. The City of Bangor shall have no financial obligations other than payment of permit fees as set forth in paragraph 3 above. Witness Witness CITY OF BANGOR Catherine M. Conlow City Manager BOMARC, INC Name: Title: EXHIBIT A'--- l8 -29O JULY 23, 2018 IN CITY COUNCIL JULY 23, 2018 CO 18-290 PASSED 4 ) .Per?1. CITY CLERK