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HomeMy WebLinkAbout2011-06-13 11-198 RESOLVERem No, i t �8 I L Date: lune 13. 2011 Item/Subject: RESOLVE, Accepting Donation from Adam Moskovitz and Authorizing Agreement between the City of Bangor and Adam Moskovitz — Fairmount Park Basketball Court Responsible Department: Legal Commentary: If approved, this Reslove will accept a donation from Adam Moskovitz in the amount of $20,000 and ratify contract for construction of a new basketball court at Fairmont Park, In May, Adam Moskovitz, a resident of Bangor, offered to replace the half basketball court located at Fairmont Park. This involves the removal of the existing basketball court surface and goal; disposing of the court and goal; grading of an area of 4 feet by 52 feet; leveling of the area with a finished 5 inch concrete slab; installation of pre - striped Flex Coul modular sport surface; and installation of a Flex Courtib goal. The approximate cost of replacing the court is $20,000. In early June, staff notified the City Council that Mr. Moskovitz had obtained the equipment and the contractor was ready to do the work. For that reason, Mr. Moskovitz was authorized to complete the work, pursuant to the attached agreement. This was reviewed by the Government Operations Committee which recommended acceptance of the donation. Department Head Manager's Comments: City Manager Associated Information: Resolve Budget Approval: lur. anceDirector Passage _ First Reading Page _ M_ Referral Asslqued to Councilor Blanchette p1113.198 o/ 2011 CITY OF BANGOR (TITLE.) Resolve, Accepting Donation from Adam Moskovitz and Authorizing Agreement between the City of Bangor and Adam Moskovitz — Fairmount Park Basketball Court WHEREAS, The City owns a parcel of land known as Fairmount Park; and WHEREAS, in Fairmount Park the City has a "half- court" basketball Court for the benefit of Its citizens; and WHEREAS, said basketball court is In need of repair or replacement; and WHEREAS, Adam Moskovitz has offered to replace the basketball court at his expense. BY THE CITY COUNCIL OF THE CITY OF BANGOR: BE IT RESOLVED, THAT: the donation to replace the basketball court at Fairmount Park from Adam Moskovitz Is hereby accepted; and BE IT FURTHER RESOLVED, THAT the execution of an Agreement between the City and Adam Moskovitz by Catherine M. Conlow, City Manager of the City of Bangor, a copy of which is attached hereto, is hereby ratified. J Cl13 �PHl i d®e 13. 2011 Motive Made aad Hecavded for Passage CP�a�aeledhQ { ' 5_11�1gA ( W) a m iaa Hooatiw " 6 ]bak 1v 1vd Aothoxfaiae bgreeaeat b Wt the City of Ha and Bdm MoSk tt Fait t Park Basketball Cau�t 11 19F AORERMEM AGREEMENT made this Z day ofJuve, 2011, by and between the City of Bangor, a municipal Corporation organized and existing umdm the laws of the State of Moire and Adam Moskovitz, of Down, County ofPmobsust, State of Maine: WHEREAS, the City owes aparcel of land koown as Fairmont Park; and WHEREAS; in Fairmont Park the CSty has a "half<omt" basketball court for the benefit of it citiwns; and WHEREAS, said basketball wuet is to need ofrepw or replecemeot and WHEREAS, Adam Moskovih has offered to replace &a basketball wort at his expense. NOW THBR6 ORB, the parties do mutually agree as follows: NOW Adam Moskovitz is bereby grained permission to install a basketball trout m Faixmom Perk Said installation shall consist of the removal of the existing basketball court surface and goal; disposing of the court and goal; grading of an area of 44 feet by 52 fat, leveling ofthe mea with a finished 5 inch concme slab; irulmtation ofprashiped Flex Court modular Von surface; and installation of a Flex Court® goal. - The new basketball went staidbe substungmly in fits some location a the current basketball wontm determined by rte City of Burger's Director of Parks and Recreation. Adam Mosdrmtz shell returns the site around the basketball wmt0 substantially the same cordidonubefvedbo nsmllationoftbemwbaAdbaliwmt The City of Ranger consents m Adam Mos]a vitz's ver ofStarbird Conbacling for the removal of the existing basketball taut andtutmation of the new basketball count. 11 Y_:u Adam Moskovitz shag commence rte work on Jove 1.3.2011, and shall complete the work by June 30,2011. Inthe event ofunfereseeneveob beyond the control of Adam Moskovitz co dse wnnwtor, mochas inclement wveetha, thepaztia may mutually egra to extend tlx timet complete tbework The connector shall provide memance against properly damage and public liability insurance coverage to e mwimum amovvt of$d00,000.00pe claim, covering alt liability eJauna arising out of the work m be performed. Such inammce shell be written by m ivaumnce compary licensed to do business in the State of Maine and having a regular office or agent the aura ofBaogor, Maine, and shall name the City ofBaugor as an additional named barred, and shall be written as pismaryrovemge wsurence for ell claims ar'isin6 oro ofine work Lobepxfomned. Adam Moskowitz otters to preoptly discharge (either by payment or by filing ofanerrssary band or otherwise) my mechanic's, meterialmen's, a other liens against the premises, which lieosmay arise card of any payment due m labor, services, materials, supplies or equipment which may have been furnished for the work on, be performed, The rights damned herein to Adam Moskovihe shall be under the supevivon of the City of Bottom's Director of Parks and Recreation. Upon acceptance of the completed "scope of work", the City agrees to defend, hold harmtess, and indemnify (including my ousts and mmmay's fes) Adam Moskovitz from any claim, lose, or damage essemd by the City and/or soy, third party now or fit the more that relates to the scope of work including my termite he peson (including injuries) or damages to property. The headings appearing in this Agreement are intended forconvenievce slid reference only, and am net be considered in cersmuing this Agreement between the parties harem, it being understood and agreed that neither this Agreement nor no of the parties shall be deemed to create my relationship between the parties. IN WffNEM WHEREOF, the parties hereto have eM their bands and seals the day and year fust above written. CIWcc" OOpFF� BANGOR BY:BY:I c ,—.�. M_ Cammine M. Cosdow, it City Manager UrIMMUr ,