HomeMy WebLinkAbout1969-11-10 16-X ORDERIntroduced by Councilor Minsky, Nov, la, 1969
CITY OF BANGOR
(TITLE.) (qrbgr'.AuborIzhNg.City Manager to Enter Into agreement Diamond
Serviceand.Extension of_Syl a Road
By UW City COUN UofW C1ty OfBaapor.
l)9093a
TWT the City Manager be and hereby is authorized to
enter into the attached agreement with DiamondInternational
Corporation relative to the installation of sewer service and
the extension of Sylvan Road to their new facility adjacent to
interstate Highway 1-95.
=1 VED
1399 30Y-5 P$ 3:20
ORDER
:IIY CI HY S OFFICE
Title,
IN CITY COUNCIL
No,. 10, 1969
PASSED
CITY CLERK
Auth. Manager Agreement - Diu
.....................................
Int Sewer Service 6 Extension of
Ao? .........................
I�yn/(tj'rodyucy�ed a 4fid by
�/ Co ilmen
MEMORANDUM OF AGREEMENT made as of the 2nd day of September
1988. between the City of Bangor, a numicipal corporation located
In the County of Penobscot and State Of Raine, hereinafter referred
to as "the City", and Diamond International Corporation, a Delaware
corporation, having its principal place of business at New York to
the County and State of New York, hereinafter referred to an
"Diamond".
WHEREAS the parties desire to provide suitable roadway access
and sewer service to the new Diamond building being constructed
South Of Interstate Highway I-95 on the parcel Of land conveyed to
Diamond by Merchants National Bank of Bangor, Trustee, by deed
recorded In Penobscot Registry Of Deeds In Vol. 2153 Page 32.
It is agreed between the parties as follows, to wit:
1. The City shall extend Sylvan Road from its present terminus
in a westerly direction along a line parallel to and approximately
5U feet South from the southerly right-of-way Sine of Interstate
Highway 1-95 to a point approximately Sao feet west from the easterly
property line of said Diamond lot. The roadway will be constructed
at the expense of the City, end will conform in Croe9-section to the
existing Sylvan Road as presently constructed east of said Diamond
property,
2. The City shall install at its expense an R-inch sanitary
sewer as far as a manhole to be built by other. approximately 15
'set south Iroa "s 101thIa ly sail of said Diamond building. Said
sewer shall be located approximately 25 feet east from the westerly
Property line of said Diamond lot, as Shown on City of Bangor Plan
No. S-B]1.
3. The City shall maintain said sewer within the abovedeacribed
limits as a city sew* including all future cleaning, replacement,
adjustment of manhole frames to new grades, or other maintenance as
may be required in the future. Diamond will have the right to the
review of said plans prior to the start of construction. construction
Of said sewer will not begin until approval Of the location and grads
Of said sewer has been received from Diamond. Upon completion of the
construction and upon completion of any maintenance work by the City
the property of Diamond shall be returned to the condition It was in
prior to the start of such construction or work.
4. Diamond shall convey to the City at no cost a loo.toot wide
right -Of -way for the extension Of Sylvan load across the width of
said Diamond pr¢stys the northerly line of said right-of-way to
coincide with the southerly right-of-way line Of Interstate Highway
1-85. If the City shall decide to condemn amid right-af-way rather
than to take a conveyance of It. Diamond shall release any claim for
compensation for the taking, It being the Ictentlon of the parties
that said right -Of -way be furnished to the City without coat to It.
5. Diamond hereby grants unto the City of Bangor and/or Its
agents the right to enter upon said property as necessary to Install
and maintain the sanitary sever In the location shown an City of
Bangor Plan No. S-871.
6. Diamond shall permit the City Of Bangor and/or Its agents
to extend sewer laterals to the property located vest of said Diamond
property from Bald sew s the location Of said laterals to be mutually
agreed upon by the parties 1n the future.
7. Upon completion of the said sanitary sewer the City shall
determine a per foot contract coat for the sewer by dividing the
total contract cost for the entire sewer by the total length of the
sere.. The contract coat shall include only the amount of ins contracts
and extra charges if any Incurred by the City pursuant to the contract
entered Into by it for the construction of said sever. The cost of say
work performed by the City shall not be included in the total contract
cost. Diamond shall pay for 350 lineal feet of said sever at said per
loot contract cost. The City shall Invoice said charge to Diamond upon
completion of the contract.
S. This agreement shall be binding on the parties* their successors
and assigns.
IN WITNESS WRSRSOF the parties hereto have caused this agreement to
be signed and their corporate seals to be affixed by their respective
duly authorized officers as of the day and year first above written.
Signed, sealed and delivered City of Remade
in presence of
yq�� Diamond Internationaalll Corpsratlee
By ;/I
Its TCPM+sft