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HomeMy WebLinkAbout1974-02-11 83 AB ORDER83 AB
Introduced by Councilor Mooney, Cebsuary 11, 1974
CITY OF BANGOR
(TITLE.) (Prberf. Authorizing City Manager to Execute.. Agreement Relating to
Perry Road Sanitary Sewer
By the Casty Conwell of dw City of Bangor:
ORDERED,
THAT the City Manager is hereby authorized and directed to execute
an agreement, a copy of which is attached hereto and made a part hereof, on
behalf of the City of Bangor with the Economic Development Administration,
United States of America, providing for the City's retention of title to the
project facilities, said project being commonly known as the "Perry Road
Sanitary Sewer" (DDA Project No. 01-1-00454).
83 AS
IN CITY COUNCIL
RLC EIV�—p
February 11, 1974 0 A D E R 4q
PASSED. s MIA fED -7 Ow TIC
Title,
CITY ie CITY CLERK S OFf ICE
.gu[n„gFFY."^?R..44.Pi4WFE.MIL..REICA CIIV OF 9"N'^e MUNE
to Perry RL. Senit92 seer
......................................
�y(\SjKwItntroduced and filed by
V � Councilman
A GHEEMENT
Thio Agreement mein this day of 19_,
by end between nos of H man"
Whose address is ,
(hereinafter With Ste sucaeseoxe end aenigna called the "Undersigned"), end
the NCONOMIC DMLOPMNNT A MIBTRATION, OWNED BTAMB OF AMERICA, wMse
address in Main Commerce building, Washington, D.C. 20230 (hereinafter with
its successors end Resigns called "EDA")f
WHEREAS, puraaent to application designated as EDA Project 60.01-01-0045L ,
request was made by the Undersigned for financial assistance purnuant to
the Public Works end Economic Development Act of 196$ (P.L. 89-136; D.S.C.
3121, at eeq.); and
WBBOEAS, by Offer of Grant dates May 7 1971_t EM
offered a grant in the amount of 6 76,500-00 to the Underpinned
to assist in financing the construction Of never and sewage Works
hereinafter called the "Project Facilities" in Ba+uror. Maine
the location of which is more particularly described in Exhibit "A" which
is attached hereto and made a pert hereof, all or part of which Project
Facilities Will be to the use and benefit of the real property described
In said Exhibit "A"; and
WHEREAS, on Nay I , 19_L1_, , the Undersigned accepted
the Offer of Grant suDjeet to the "Standard Terme and Conditions" incor-
porated therein by reference; and
WHEREAS, puraoant to the aforesaid "Standard Terme and Conditions"
and by virtue of its acceptance of the Offer of Grant, the Undersigned
covenanted aril agreed that It, o csatisfactory to EDA, will
retain title to the project Facilities £oretheir useful life and that the
Project Facilities will be devoted to public purpose; and
WHEREAS, it is desirable that the Undersigned's c verant be recorded in
the appropriate public records affecting real property In Penobscot
, and thereby constitute notice to all persona
of restrictions on title to and use of the Project Facilities;
NOW, THERRIXUM, inconsideration of financial assistance rendered and/or
to be rendered by EDAand to assure that the benefits of the Project Facilities
Will accrue to the public as intended by both EDA and the Undersigned, the
Undersigned hereby covenants and agrees as follows:
1. That, the Undersigned will retain its title to the Project
Facilities and its title to the real property upon which said Project
Facilities are located, which real property is described in EAubit "A"
attached hereto sad made a part hereof for and during the useful life of
the Project Facilities as determined by "EDA":
2. TMt during the useful life of the Project, the Project Facilities
will be held for and be devoted to public purposes only; and
3. That the coverarts sad restrictions herein contained shall be
real covemats and shall run with the land described in Exhibit "A" hereto;
provided, however, that the Undersigned man, at its sole option, terminate
the aforesaid covenants and restrictions at any time after the expiration
of the useful life of the Project; provided further, however, that prior
to the expiration of said term the covenants and restrictions may be ter-
minated only With the prior Written consent of M.
M WITNESS �F, the Undersigned has hereunto set its hand as of
the day and year first above written by its duly authorized officer.
(BEALi
CITY OF &+Nf,ON
Grantee/Bolmower
ATTEST:
BY:
Title: CITY R4NACEP (Auehcriaed
_
Title:Representative
W SSES:
ECOAOMiC D'E{�'V/GE/L,OAdvNT AII4NISTEATION
MT�ATF�QF AMERICA
By
NN E. Co GAN, Director
Atlantic gional Office
CWCNWEADTN OF PENNSYLVANIA:
55
PN 14 I
COCNTY OF
p i
dey
ND✓ before seg a
(h: this /
pe
Notary PbbIjC� pereorally eppeaxed
g;ION
JOEN E. COARIGANj RFXi20NAL DIRECTOR
Atlantic Regional Office: Ecommic
Development Administrakfont United
States of America, buown to me to be the person described in the foregoing
instrument, and acimewledged that
he executed the mase in the capacity
therein stated and for the purposes therein containedP and that he Se
duly authorized to execute.
% iw NG
G= UNDER M NAND AND SEAL this
adv of
19L.
WrArl FOBLTO
-`, �i PUSLIG
n, ;eJ
MY .,.... on aVov 0.a�ei .ItlG