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HomeMy WebLinkAbout1964-07-13 143-R ORDERICJ -B Introduced by Councilor Bailey, July 13, 1960 CITY OF BANGOR (TITLE.) Mrbtrt-_agreement mith.rrant•.a D,ir.y.,. Inc. aa. _. sanitary serer By Cies Cnoa of the Ctty of Baayor: ORDERED, THAT, WHEREAS, it Is necessary that Grant's Dairy, Inc. install a Sanitary sewer to serve their dairy on Union Street and, wEEREAS, convenience and necessity require that said sewer be located in the Union Street right of way and, WHEREAS, the Maine State Highway Commission will only permit the construction of public sewers within said right of way, now therefore, be it ORDERED, that the City Manager is authorized to enter into an agreement with Grant's Dalry, Inc, to permit said Grant's Dairy to construct a public sewer in accordance with the attached agreement. RECEI V ED 1964 JUL -9 N1 3: 5 CITY CaRK'6 OFF0 : v nT op*OOR. MANE IN CITY COUNCIL July 13, 1964 Amended Sec. 4 by inserting the words sconstraoted by Create after the word n in next to the last line and by deleting the last phrase in Sec. 5. As amended PASSED CIA CLETU IN COUNCIL July 27, 1964 Thin order reconsidered, emended by adding Sec. 7and Sec. 8 to the agreement as felines: 143-R 0RIEN Title, .Papeement, wi th. Rants. Dalrv.. Snp.. Pe: Sanitary Sewer. ............... Introduced and fined by ....... . loran 7. At such time as the city allows other entries into said sewer and levies said as - ment in accordance with section 3 above, thea city willpay to said Grant -the am of $2,500, the apparent difference la cost between 6e and 81, a. Grant guarantees to complete the install- ation add backfill of the sewer from the connection at the etl.sting public ten (Toe) inch sewer for a distance of seven hundred (7001) feet north on Or esters August 31, 1964 and to complete the entire sewer nstallstion and all related work prior to Noveaber 30, 1964. As amended PASSED. CITY CLEM 3 Agreement Between Grant's Dairy, Inc. and City of Bangor - Sewer Construction AGREEMENT, entered into this 3144 day of July, 1964, by and between Grant's Dairy, Ina., a corporation, duly organized and existing by law and having a place of business in Bangor, County of Penobscot, State of Maine, hereinafter called "Grant", and the City of Bangor, a Municipal Corporation, by and through its City Manager, Joseph R. Compal, Jr., thereunto duly authorized, here- inafter called the "City of Bangor". WHEREAS, Grant's Dairy, Inc, is in the process of constructin a new building situated in the City of Bangor on the northeasterly side of Union Street in said City, which said building and the lot upon which it is situated has no access to a public sanitary sewer and WHEREAS, Grant is desirous of installing at its own expense a sanitary sewer under and along the right-of-way of Union Street in said City of Bangor in a southeasterly direction to a point approximately two hundred (200) feet southeasterly of the inter- section of Westland Street so as to connect said sewer with a public sewer of the City of Bangor at that point, and WHEREAS, the City of Bangor is willing to grant permission to Grant to install said sewer along the right-of-way of said Union Street and will use reasonable efforts to try to secure, if necessary, the permission of the Maine State Highway Commission to allow said Grant to install said sewer in said right-of-way, as a portion of said Union Street wherein said sewer will be constructe, is a State Aid Highway, NOW THEREFORE, in consideration of these premises, it is hereby agreed as follows; 1. Grant does hereby agree to construct an eight (811)inch sanitary sewer at its own expense from its premises situated on the northeasterly aide of Union Street and along the right -o£ -way of said Union Street and in a southerly direction to a point which is approximately two hundred (200) feet southeasterly of the intersection of said Union Street and Westland Street, and to connect said sewer to the existing public ten (10'•) inch sewer at that point owned by the City of Bangor, all of said construction t be done in accordance with place and profile attached hereto and made a part hereof, and marked Sxhibit ItAl., which said plane and profile bear the approval thereon of John Frawley, City Engineer for the City of Bangor, and were prepared by Simear F. Sawyer, Civil Engineer, and bear the date of July 13, 1964; 2. Upon the completion of said sewer Grant agrees to execute and to deliver to the City of Bangor a recordable instrument which shall be binding upon said Grant, its successors or assigns, obligating the said Grant to maintain and repair said sewer and to alter and/or relocate said sewer if required by any future reconstruction by the City of Bangor or the State of Maine, as long as it shall be continued to be used by said Grant as a sanitary sewer, said maintenance, repairs, alterations and/or relocations to be done at Grantte own expense{ 3. Grant agrees to permit other land owners to enter said sewer if permission be granted to them to do so by the City of Bangor, and if such entrance is made, the City of Bangor agrees from that time on to be alone responsible for the maintenance, repair, alteration or relocation of said sewer 4. The City of Bangor agrees that if after the completion of the sewer by Grant, the City of Bangor should construct a sanitary sewer that would normally service the Grant land, and for which the Grant Land would normally be assessed, that the Grant land and/or the owners of the same, whether they be Grant's Dairy, Inc, or its successors or assigns, will not be assessed by the City of Bangor for the construction of the same, provided that said sewer constructed by Grant is utilized as a part of its public sewer system; S. The City of Bangor agrees to furnish any cold patch that may be needed by Grant to replace any driveway entrances that might be torn up or disrupted during the construction of said sewer; 6. Grant agrees to furnish a bond To the City of Bangor in accordance with the provisions of Coapter VI, Article 8, Sec, 4,3 of the Ordinances of the City of Bangor, 7. At such time as the city allows other entries into said sewer and levies said assessment in. accordance with section 3 above, the city will pay to said Grant the sum of $21500, the apparent difference in cost between 6TF and 8^ sewer; 8. Grant guarantees to complete the installation and back- fill of the sewer from the connection at the existing public ten (1017) inch sewer for a distance of seven hundred (7001) feet north on or before August 31, 1964 and to complete the entire sewer installation and all related work prior to November 30, 1964, IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first ato{vee mentioned. a Inch BY e eai ent. Ci Bangor By /'/ I iTy fen er A G R E E M E N 'f By and Between: Grant's Dairy. Inc. and The City of Bangor