HomeMy WebLinkAbout2011-06-13 11-198 RESOLVERem No, i t �8
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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.
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d®e 13. 2011
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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
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