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HomeMy WebLinkAbout1979-02-26 176 AG ORDER176 AG \J 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. c . I� 2 2z 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