HomeMy WebLinkAbout1983-07-11 83-268 ORDER1 83-2fie
Introduced by Councilor Soucy, July 11, 1983
CITY OF BANGOR
(TITLE.) (Orber, kuthor zing Pla eam t f Sign in Mount Rape Avenue
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Right of Way - Evergreen Woods Office Park
BY L1W C11y Couaedd of L WN WBanaor:
ORDERED,
THAT Unlimited Property Service, Inc., Rouges, Maine, i
hereby authorized to place a permanent 4' x 8' oval wooden. sign with
routed gold leaf letters as shown on a sketch on file with the city
Clerk within the right-of-way for Mount Rope Avenue at the entrance
of the "Evergreen Woods Professional Office Park."
4 I City Council July 11, 1983
Refered to Public Sefety
committee. consider next regular
meeting
Amim'
City Clerk
"In City Co nMl July 25 1983
Consider neon meeting I �Oduce/d/�//a/ryi fil
83-2b
O R D I R
063
Title,
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'CIP! L"
RyClek
IN CITY COUNCIL
August 8, 1983
c aider'next regular meeting.
Uepu City Clerk
IN CITY ccu cIL
August 22, 1983
Consider after 83-276 Ordinance.
e3 by Su[etituti aorl rv] eaese9.
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83-268
' (As Amended)
Introduced by Councilor
CITY OF BANGOR
QIauV11ri}Erp--Auehorizing_Placement of sign in MountHopeAvenue
Right -of Way - Evergreen Woods Office Park
By City Crowd oft Cny of Bowen:
ORDERED,
THAT unlimited Propertxt Service, Inc.,. Bangor., Maine is
hereby authorized to place a permanent 4' x. 8'.oval wooden sign with
routed gold leaf letters as shown on a sketch on file with the City
Clerk within the right-of-way for Mount Hope Avenue at the entrance
of the "Evergreen Woods Professional.Office Park."
AND BE IT FURTHER ORDERED. that the City Manager is hereby
authorized to execute, on behalf of the City of. Bangor -, a certain
Agreement between the parties relative to theplacementof said sign,
copy of said Agreement being on file in the Office of the City
Clerk.
AGREEMENT
This Agreement entered into this day of , 1983
by and between the City of Bangor [City), a municipal corporation duly
organized under the laws of the State of Maine, and Unlimited Property
Service, Inc. [UPSI], a corporation duly organized under the laws of
the State of Maine, for the purpose of providing UPSI the right to
erect and maintain a sign in the City's right -o£ -way on Mount Hope
Avenue and the agreement of Unlimited Property Service, Inc. to hold
harmless the City from any and all claims arising out of placement of
this sign in accordance with the following terns and conditions:
1. The City hereby grants to UPSI and its successors the right to
erect and maintain a sign or a portion of a sign in the right-of-way
owned by the City on Mount Hope Avenue in accordance with the plan
attached hereto as Exhibit A. Once erected. that portion of the sign
in the City's right-of-way shall become the property of and shall be
owned by the City.
2. UPSI shall obtain all the necessary permits to erect and main-
tain such a sign.
3. UPSI acknowledges that even though the sign shall become the
property of the City after it is erected, UPSI or its successors shall
be responsible for the costs of construction, installation, maintenance
and removal of the sign.
4. UPSI and its successors shall bold harmless the City from any
and all actions or causes
e of action arising out of the erection, main-
tenance and placement of the sign.
3. Should the City Engineer determine, in accordance with Chapter
VI, Article 3, §6.2.4 of the Laws and Ordinances of the City (Sign
Ordinance), that the sign obstructs the view from a stopped car at the
intersection o constitutes a traffic hazard, the City Engineer shall
notify UPSI or successors of his determination. Should the portion
of the sign on the City's right-of-way not be removed or modified i
accordance with the City Engineer's notice within thirty (30) days of
receipt of the notice, the City May remove that portion of the sign in
the City's right-of-way. It isapp ssly understood by the parties,
however, that the City may cause tha immediate removal of the sign i
the event that the City Engineer determines that such removal is recess.
in the interest of public safety. Before taking such action, the City
Engineer shall attempt to notify UPSI or its successors of the contempt
action.
6. Should the City determine that there is a need of the sign
location for road purposes, the City Engineer shall notify UPSI or its
successors of such a determination. Should the portion of the sign on
the City's right-of-way not be removed or modified. in accordance with
the City Engineer's notice within thirty (30) days of receipt of the
notice, the City may remove that portion of the sign in the City's
right-of-way.
J. UPSI and its successors hereby relinquish any and all claims
to compensation to which they may otherwise be entitled as a result of
the City's removal of the sign in accordance with this Agreement.
WHEREFORE, the parties have hereunto set their hands and seals
this day of , 1983.
City of Bangor
Unlimited Property Services, Inc.
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PRROFESSIONAL ®FFdGE PARK /
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SIG�J ELEVA' IDN
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