HomeMy WebLinkAbout1979-02-26 176 AG ORDER176 AG
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Introduced by Councilor sooty, February 36, 1979
GITY OF BANGOR
(TITLE.) (@rbTr,._A-CCepjinB. Bangor. Bell Boulevard_ as. p blit way......
By the My Caunci/ of the My ofBanpor:
ORDERED,
THAT Bangor Mall Boulevard is hereby accepted as a public way
subject to the terms and conditions of an Agreement between Banmak
Associates and the City of Bangor, a true copy of said Agreement being
on file in the office of the City Clerk{ and
be it further
MERED
THAT the City Manager isherebyauthorized and directed to
execute said Agreement on behalf of the City of Bangor.
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IN CITY COUNCIL FHBUARY 26,1979 176 AO
REEEEED-TO PUBLIC SAFETY COMrTEN O R D E R
CONSIDRR MT HINTING --
Title,
ACCEPTING. . BANGOR MN.L. BOULEVARD, AS.
............
H9 PUBLIC WAY
...............................
Introdwa and ed
IW CITY MARCH 12,19']9
Vote to move COMMMthe 9oseti2,
6yea S no Voting yes Baldacci ...4 ...Y � •� ....... .:
Bigley, Voting Noce Weymouth, Cowc
Willey, Voting No Mc Eeww,
uood,zemsien
Passed vote 6Yes 3 No
Voting yes Baldaaci, Brountae,
Gese,BCocy,WeymoutL,Willoy,
Voting no He Rernen,Nced, geodzian
City Clerk—
ACEBENENT entered into the day of February, 1979, by and between
BANMAR ASSOCIATES, a Maine General Partnership, with offices at King of Prussia,
Pennsylvania (hereinafter "Damask") and the CITY OF BANGOR, a municipal corporation,
located in the County of Penobscot, State of Maine (hereinafter "City")
W IT NESS ATH
WMERRAS, Banmak is the ower of real estate in Bangor, Maine located
generally southwesterly of Hogan Road an which is located the Bangor Mall Regional
Shopping Center, and
WHEREAS, Bawuk has constructed a road, designated as Bangor Hall Boulevard,
which road rune southwesterly from the Hogan Road to a paint connecting with the
ring road, so called, which surrounds the Shopping Center buildings and parking
area, a description of said Bangor Mall Boulevard, being attached hereto as Exhibit
A, and
WHEREAS, Banmak has dedicated Bangor Mall Boulevard to the City with the
request that the City accept it as a Public way, and
SUBSEA S, the City is willing to accept Bangor Mall Boulevard as a Public
way, under certain terms and conditions,
NOW, THEREFORE, in consideration of their mutual premises and covenants,
the Parties hereto do hereby agree as follows:
-1. The City does hereby accept Bangor Hall Boulevard (hereinafter "Boulevard")
as a public way and Bmeaak shall make conveyance thereof to the City by Warranty
Deed.
2, For a period of five (5) years from the date of conveyance by Bauma:
to the City, Banmak will bear all expenditures of a capital nature deemed necessary
by the City Engineer t0 maintain the structural integrity of the Boulevard, or t0
otherwise make it safe for the use by the traveling public.
3. For a period of twenty (20) years from the date of conveyance by Banmak
to the City, Banmak will provide or perform at its ow expense all of the following:
a) All necessary maintenance and repair.
b) Snow removal, sending and saltingc---- -- --._ ..
c) Electrical power for illumination of street lights.
d) Any other category of repair and maintenance generally associated
with a public way and Which the City ®y from time to time designate.
4. The City shall have the right to investigate and review the wearer
in which Bermak is performing its obligations under Paragraph 3 hereof and in
the event Banmak fails to perform its said obligations in accordance with City
Standards, then the City atoll have the right to take over direct performance
thereof.
In the event the City takes over direct performance, than Barmmk will
reimburse the City for the cost thereof, with labor being billed at 120 percent of
the City's actual cost, materials and equipment being billed at actual coat.
S. Bmwak Associates will indemnify and bold the City harmless from all
claims, loss and experts derived from the negligence or alleged negligence of
Bmwak Associates, its employees or contractors, in the performance of any work
under this Agreement. Baumak Associates will file with the City, and keep current
throughout the twenty year period, certificates of insurance of responsible insurance
companies certifying liability insurance coverage in the amount of at least $3,000,000
per occurrence.
IN WITNESS WHEREOF, the Parties berets have hereunto set their hands and
seals the day and year first above written.
Witnesses: BANNAR ASSOCIATES
CITY OF BANGOR