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