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Home My WebLink About1999-12-13 00-41 ORDERDate: Daanbu13,1999 Itrm No. p 41 RcmSnbieee F ogresig Llesees AWrincol w Ella ldge fm use of city Prvpmy m Odlin Roed. Responsible Delmeonem: Legal Mice CommmtatS: The Elke Lodge ocnmtly bre atennirreble-az-will license agreement witll the Ory to wiliu Ne Citymmed lmcel berveen the Elks Lodge peapvty and Min Road.'lois licmae agreanmt will mplea the comm[ license agrcement eM woulficNes parka Otho Ne Elks Lodaeeripennent a ose Itwillalwlsarne. the ElhsLMge Our istPmcellmuceuolerseapra4dsi parmfitI ieuengoar Gas for slur regulator stsne. lbs Pallou oflhia chmge is to pemlil Nc Cary to lease a Asst of thin pazml m Bangm Gas for Neie regWatar elation. PW I Associated mr aeon: 0^4", Firsvice DirtMor Legal RPpeoval: Ci intoe rud For pat. _Pim Reading Refaeal SFS Asnpedto Coanclor Crowley December 13, 1999 CITY OF BANGOR (TITLE.) Order, Authorizing Ne City Manager to Tenninate Ne Existing License Agreement and Execute a New License Agreement with the Elks Lodge for Use of City-ewned Property, on Odlin Road. r ORDERED, year the City Manager is hereby authorised Rad directed, on behalf of the City of gouger, to terminate the existing license agreement with the Bangor Elks Lodge d244 for use of City -owned property on Wile Road and execute a new license agreement with the ganger Elks Lodge for a portion of the same property with the added restriction prohibiting parking thereon, rhe final form of the license agreement shall be in e form acceptable to the City Solicitor or Assistant city solicitor. IN CITY 0009CM December 13, 1999 Passed 00-01 ORDER Mbe4 Authuriaiag the City Maoager to Terminate the Existing License Agree- oent and Reacute a New License Agree- ment with the Elks Lodge for Use of City- d P hiWW lin goad R. A LICENSE AGREEMENT THIS LICENSE AGREEMENT by and between the CITY OF BANGOR, a municipal corporation organized and existing under the laws of the State of Maine (hereinafter "the City's and the BANGOR LODGE OF ELKS NO. 244, a non-profit Maine Corporation (bereinaRer'Yhe Elks'), WITNESSETH: WHEREAS, the City is the writer of a certain lot located next to the Elks' Lodge premises a 108 Guilin Road; and WHEREAS, the Elks wish to use a portion of the City's lot for a sip and other recreational user, the parties hereby agree as follows: I GRANT OF LICENSE- The Cityhereby grants We Elks a license to use Ne porion of the lot on Odlin Road lying adjacent to the existing Elks' Lodge premises and designated on Exhibits A-1 and A-2, attached hereto and incorporated into this Agreement by reference, for the following and for these purpose only: - 1. To maintain a sign indicating the location of the Elks' Lodge or advertising public events to be held therein; said sign in be located in strict compliance with all applicable City ordinances, including the City's Sign Ordinance (Chapter 260, Code of the City of Burger) and the design to be reviewed by the Community and Economic Development Committee of the City Council; and 2. For general recreational purposes in connection with Elks -sponsored or Elks - conducted events. - Such uses shall be conducted in compliance with all applicable City Ordinances. ll. TERM OF LICENSE - This License shall be revocable at any time with or wiNout cause and with or without prior notice, provided that upon revocation of this License, the Elks may enter onto the premises for the purpose of removing any signs or other improvements installed by the Elks, for a period of ten (10) days following notification of revocation. Subject to the City's right to revoke as provided above, this License shall be for an indefinite term. 111 IMPROVEMENTS- RESTORATION OF PREMISES - No improvements of a permanent natmc shall be made to or installed upon the City's lot by the Elks without prior written permission of the City. Any improvements not removed within the ten (10) day period following revocation of this License in awordance with Article II above shall become the property of the City to be disposed of in such mariner as the City deems appropriate. The Elks agree that upon revocation of this License by the City or the Elks' surrender of the premises, and within tiny (30) days thereafter, the Elks shall restore the City's lor, is every respect to its original condition, by regrading, reseeding, landscaping, or otherwise. If not so restored by the Elks, the City may cause the lot to be restored and the Elks shall reimburse to the City the City's reasonable cons of such reswration. IV MAINTENANCE OF PREMISES -In consideration of the grant of this License, the Elks hereby agree to maintain the City's lot in a clean and attractive condition during the period this License shall remain in effect V INDEMNECATION — The Elks Lodge does hereby for itself and its successors, fully and completely RELEASE and HOLD HARMLESS said City of Bangor, its inhabitants, officers, servants, agents and employees from any and all claims, demands and actions that the Elks, its successors, or third parties, may have, on account of loss, damage ori jury, including personal injury, that are caused by use of the premises or the maintenance of the sign Hereon. The Elks Lodge, or its successors, also hereby expressly agrees to defend, indemnify, and bold the City of Bangor, its offices, servants, agents and employees harmless from and against any and all claims, demands, actions, and judgments in favor of any of The Elk's, or its successors, servams or employees who may enter upon the described premises. For His purpose the Elks or its successors, egmessly wrive. my and all harmonic from it which it may rainy under Provisions ofthe Maine Workers' Compensation t of 1992.39-A M.R.S.A. sec. 101 et s other provisions of law. The Elks Lodge, or its successor, hereby fimher waives airy and all subrogation rights it may have against the City of Bangor on account of any employee injury or claim under 39-A M.R.S.A. sea 107. 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 clamors, including but not limited to the City of Emigres cost for attorney bars, expert or other witness fees, the cost of investigators, and payment in Ul of any and all judgments rendered in favor of any person, including agents, servants or employees of said Elks Lodge against the City in regard to claims arising out of this License. VI. INSURANCE - The Elks hereby agree to maintain at all times during the period this license shall =am in effect, through their local Chapter or National Orgardmtion, comprehensive general liability insurance coverage in the amount of $400,000 per person / $400,000 per occurrence. The City's lot shall be listed as insured premises on He applicable policy hinders The Elks hereby agree that they will indemnify and hold the City barndess for all claims of any person arising out of use of the City's tot by the Elks, their members, guests or Invitees The Elks shall famish to the City evidence in the form of certificate of insurance of the existence and continuance in force of the insurance required. The City shall be notified of my changes or discontinuance of coverage. VII. INSPECTION OF PREMISES - The Elks hereby agree that they shall thoroughly inspect the City's lot for any hazards or defects prior to making use thereof under this License. It is understood that this License is granted for use of the premises "as is", and that the City makes no warranty or representation of any kind regarding the safety or condition of the premises. Use of the City's lot by the Elks shall be at the Elks' sole and exclusive risk Vlll LICENSEFEE-The Elksagrestopayto Ne City,inadv thesumof$1.00Fer year as and f a license fee for each year this License shall remain in effect, no pot -lion of which fee shall be refunded for any reason. This Agreement replaces and supercedes the License Agreement by and between the City of Bangor and Bangor Lodge of Elks No. 244 dated 28 June 1991. WITNESS the following signatures and seals this day of ,1999. CITY OF BANGOR By: Edward A. Barrett Its: CityManager BANGOR LODGE OF ELICS NO. 24 By: John P. Gaudett Its: Chairman of Trustees EXHIBIT A-1 General Location License x "Premises" tr^Jv`e n RU A 3 ® ®r 3 � x3® .xee, 11