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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 _............ ........ .. _ . 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, ................ :................ '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. A C IE0.R,(/f �f ryta_r a I_o„ 0 (dVAssio IA OFFICE' PARK �Iakr EL-B\/AT IDN 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. i .1 d Vp'9 PRROFESSIONAL ®FFdGE PARK / i SIG�J ELEVA' IDN i