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Home My WebLink About2014-09-22 14-305 ORDERCOUNCIL ACTION Item No. 14-305 Date: September 22, 2014 Item/Subject: ORDER, Authorizing Execution of Agreement with 25-27 Broad Street, LLC Responsible Department: Community & Economic Development Commentary: 25-27 Broad Street, LLC has acquired property located at 29 Mercantile Square and 25-27 Broad Street. The City owns a parcel of land abutting said property of 25-27 Broad Street, LLC. Tenants of 25-27 Broad Street, LLC will be in need of trash receptacles and the property owner has requested permission to located ten (10) trash receptacles on land of the City of Bangor. This Order, if approved, will authorize the execution of an agreement with 25-27 Broad Street, LLC to place ten trash receptacles on City property on Broad Street. Terms of the agreement shall include a term of ten years, with the City retaining the right to terminate the agreement upon 90 days notice; that the receptacles be emptied no less than once a week; and that 25-27 Broad Street, LLC maintain insurance with the City as a named insured. This item was reviewed and recommended by the Business & Economic Development Committee at its September 2, 2014 meeting. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for Passage First Reading Referral Page _ of Department Head City Manager Finance Director icitor 14-305 SEPTEMBER 22, 2014 Assigned to Councilor Plourde is X09 CITY OF BANGOR E0 (TITLE.) ORDER, Authorizing Execution of Agreement with 25-27 Broad Street, LLC WHEREAS, 25-27 Broad Street, LLC has acquired property located at 29 Mercantile Square and 25-27 Broad Street; and WHEREAS, the City owns a parcel of land abutting said property of 25-27 Broad Street, LLC; and WHEREAS, tenants of 25-27 Broad Street, LLC will be in need of trash receptacles; and WHEREAS, 25-27 Broad Street, LLC has requested permission to located ten (10) trash receptacles on land of the City of Bangor. By the City Coundl of the City of Bangor. ORDERED, That Catherine M. Conlow, City Manager, is hereby authorized on behalf of the City of Bangor to execute an agreement with 25-27 Broad Street, LLC for the placement of ten (10) trash receptacles on property of the City of Bangor on Broad Street adjacent to 25-27 Broad Street. Said agreement shall be in substantially the same form as attached hereto and in a final form as approved by the City Solicitor. IN CITY COUNCIL SEPTEMBER 22, 2014 PASSED 9 ��&,-j CITY CLERK 13-305 SEPTEMBER 22, 2014 AGREEMENT THIS AGREEMENT is executed this _ day of , 2014, by and between the CITY OF BANGOR, 73 Harlow Street, Bangor, Maine and 25-27 BROAD STREET, LLC, 202 B, Maine Avenue, Bangor, Maine, in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: WHEREAS, 25-27 Broad Street, LLC is the owner of land and buildings located at 25 - 27 Broad Street and 29 Mercantile Square in Bangor; and WHEREAS, the City of Bangor is the owner of a certain lot or parcel of land abutting 25-27 Broad Street, LLC's property; and WHEREAS, 25-27 Broad Street, LLC wishes to use a portion of the property owned by the City of Bangor for the purpose of providing trash receptacles for its tenants; and WHEREAS, the City of Bangor has no objection to such use, subject to the terms and conditions contained herein; NOW, THEREFORE, it is agreed as follows: 25-27 Broad Street, LLC is hereby granted permission to occupy a portion of the property of the City of Bangor adjacent to 29 Mercantile Square, Bangor (hereinafter "the premises"), measuring ten (10) feet by ten (10) feet and enclosed by a black chain link fence for the sole purpose of providing no more than 10 trash receptacles for use by its tenants of 29 Mercantile Square and 25-27 Broad Street for a term commencing the date this Agreement is executed, and expiring , 2024 unless terminated earlier as provided herein. Said portion of property is more particularly described on Exhibit A attached hereto. 2. In the exercise of the rights granted herein, the 25-27 Broad Street, LLC will keep the premises in a clean and sanitary condition. 3. The rights granted herein shall be under the supervision and control of the Director of Community and Economic Development for the City of Bangor. 4. In the event that the City, in its sole discretion, determines that further use of the premises under this Agreement is not in the best interests of the City of Bangor, the rights granted herein may be terminated upon 90 days written notice to 25-27 Broad Street, LLC. 5. As a condition of these rights, 25-27 Broad Street, LLC does hereby expressly agree to indemnify and hold the City of Bangor, its inhabitants, Page 1 of 2 13-305 SEPTEMBER 22, 2014 officers and employees harmless from any and all liability to itself or third persons arising out of the use and occupancy of the premises and the exercise of rights granted herein. For this purpose, 25-27 Broad Street, LLC hereby expressly waives any and all immunityit have under the Maine Workers' Compensation Act in regard to claims made or asserted against the City by any agents, servants or employees of 25-27 Broad Street, LLC, arising out of any exercise of the rights granted herein. The indemnification provided under this paragraph shall extend to and include any and all costs incurred by the City of Bangor to answer, investigate, defend and settle all such claims, including but not limited to the City of Bangor's cost for attorney fees, expert or other witness fees, the cost of investigators, and payment in full of any and all judgments rendered in favor of any person, including agents, servants or employees of 25-27 Broad Street, LLC against the City in regard to claims arising out of any exercise of the rights granted herein. 6. The rights granted herein are only in effect so long as 25-27 Broad Street, LLC has on file with the Director of Community and Economic Development of the City of Bangor a current, non -expired Certificate of Insurance with a company authorized to do business in the State of Maine providing liability insurance coverage of at least Four Hundred Thousand Dollars ($400,000.00) with the City of Bangor as a named insured. 7. The trash receptacles shall be emptied no less than once a week. 8. 25-27 Broad Street, LLC shall not at any time assign, sell, convey or transfer this Agreement or any interest therein. 9. All correspondence between 25-27 Broad Street, LLC and the City of Bangor shall be sent to the Director of Community and Economic Development, City of Bangor, 73 Harlow Street, Bangor, Maine, 04401, and 25-27 Broad Street LLC, 202 B, Maine Avenue, Bangor, Maine, 04401. IN WITNESS THEREOF, the parties hereto have set their hands and seals the day and year first written above. CITY OF BANGOR Witness Witness By: Catherin M. Conlow Its: City Manager 25-27 BROAD STREET, LLC By: Telford Allen III Its: Owner/Member Page 2 of 2 14-305 SEPTEMBER 22, 2014 Agreement with 25-27 Broad Street, LLC Exhibit A Location of 10 f[: x 10 ft. Trash Receptacle Area and Example of Fencing *Drawing of trash receptacle area is not to scale.