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HomeMy WebLinkAbout1984-05-14 84-198 ORDER� 84-198' Introduced by Councilor erwn, Mas 14, 1999 CITY OF BANGOR (TITLE.) @rberf.... ...... Authorizing Execution of Agreement with Department of Labor and Training & Development Corporation BY W CW/ Ceased ofSis City of Bangor: ORDERED, TBAT the city manager is hereby authorized and directed, on behalf of the City of Bangor, to execute an agreement, a copy of which is on file in the office of the City Clerk, with the United States of America, Department of Labor and Training 6 Development Corporation, providing for the rights and responsibilities of the parties thereto for maintenance of a shared parking lot and access road next to the farrier Union Street and Dow Lane Schools. IM CITY COI IL i May 14, 1964 1 pas Deputy yaty Clerk _ 84-196 ORDER Title, Batnoiixing, Execution of A9:eenent Nita Department of labor ae 1Taini*g n Cevelopment ...................................... corporation Introduced and filed by c ..�.. �...•.• Cowcilman '84 MAY 10 P342 CI REC IIVED Cl Ty CLER, R 89-198 AGREEMENT THIS AGREEMENT is made this day of May, 1986, between the CITY OF BANGOR, a municipal corporation, TRAINING A DEVELOPMENT CORPORATION, a Maine corporation, and the UNITED STATES OF AMERICA, DEPARTMENT OF LABOR. WHEREAS, by Quitclaim Deed dated October 8, 1970. the UNITED STATES OF. AMERICA. acting by and through the Secretary of Education, conveyed to the CITY OF BANGOR certain property described therein. including properties commonly known as the Dow Lane School and Union Street School, and land appurtenant thereto, located in the City of Bangor, Pairs; and WHEREAS, the CITY OF BANGOR has voluntarily reconveyed said Dow Lane School and said Union Street School, together with land appurtenant thereto, subject to an easement overa existing a road and parking lot to be utilized by the CITY OF BANGOR in conjunction with its use of adjacent land which is not included in said rete veyan , and WHEREAS, the easement reserved m said conveyance requires the CITY "to bear a equitable share basedoneof the maintenance of the property over which said easement is granted; and further agrees that 1t will be responsible for the repair of any damage to said easement property caused by the City, its inhabitants, or invitees"; and WHEREAS. the DEPARTMENT OF LABOR. Office of Job Corps, upon receipt of title to said property, plane to relocate the Penobscot Job Corps Center to said Schools and lease said property to a third party for the operation of said Center; and WHEREAS, the TRAINING 6 DEVELOPMENT COEFORATION, a Maine corporation, is the current Department of Labor contractor operating the Penobscot Job Corps Center; and WHEREAS, all parties hereto desire to have a more definite standard by which responsibilities of the parties to maintain those areae encumbered by said easement. NOW, THEREFORE, the parties hereto. in consideration of the mutual covenants contained herein, agree that: 1. In the event the DEPARTMENT OF LABOR obtains title to the Dow Lane and Union Street School. and land appurtenant thereto, as reconveyed by the CITY OF BANGOR to the UNITED STATES OF AMERICA. the aforementioned language in said Dead of Reconveyance relating to maintenance and repair of said easement shall be Interpreted to man that the a attributable to City activities will be compared to all other uses of said easement area, taking into consideration the fallowing factors: a. the number of vehicles attributable to bath uses b. the type and weight of vehicles attributable to both uses C. the an wt of physical damage as may be actually determined to be attributable to one use or the other d. the City shall not be liable for any maintenance costs (i.e now plowing costs) during periods in Which it makes no use of Said, easement areas. 2. The DEPARTMENT OF LABOR shall perform all necessary maintenance for es said easement areas and shall annually bill the CITYforits share of such costs. CITY OF SABER By Title City Mavaeer TRAINING A DEVELOPMENT CORPORATION NNITED STATES OF AMERICA. DEPARTMENT OF LABOR By Title ACKNOWLEDGEMENT State of Maine May 1984 Penobscot. as. Than personally appeared the above-named JOHN W. FLYNN. City Manager. 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. Justice of the Peace/Notary Public