HomeMy WebLinkAbout1999-12-27 00-59 ORDERDate: December 27,1999
Ihm/Bnbje Order, Autborrsiog Lkeme Agreement with Fin a a Ad Company far Use of a Portbu ofCiry
Right of Way on WaeM1ingbn hired.
Responsible Department: Community and Ecetwmio Development
no city "a owner of land reserved for fumre widening of Washington Street located next to the primary a77
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part of Nis ream meat Cock snback rcgairements which will allow Fined mcreate atldidonalparking on its property
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plan approval by Ne Ciry ofBangm Pl License
UoeN. ]fiu License Agrcemem would allow the indeaapifoend screening
Wadimi by Neeetor for
ITa oiic;mrsen be revoked anytime the CiryneW the ares involved for wideningof
WaNingNn Street or far any other public purpose.
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MarmgEr'9 COmmMti: a
The Community and Emtamlc Development Committee will two a mtvnvnendaban for Mondays Meeting
She plan approval is scheduled for the planning Band on Tuesday, December 21, 1999 add staff has
remmmended approval, as do I.
City Manages
Associated Information: Order, Homes agrcementy act PW,.
Budget Approval:
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Legal operated:
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Asei�edro Cwmulw pardmla December 27, 1999
CITY OF BANGOR
(TREE.) Order, Authorizing License Agreement with Finard and Company for use of a Portion
of City Right of Way on Washington Street.
WHEREAS, the City is the owner of land reserved for future widening of Washington Street
located nett to the property owned by Finard & Company at 77 Exchange Street; and
WHEREAS, Finard & Company has requested a license agreement to use part of this area to
meet Code setback requirements that will allow Finard to create additional parking on Its
property; and
WHEREAS, Finard & Company would use the CWs lot for the purpose of constructing a berm
and insiallig landscaping and screening required as part of a site plan approval of the City of
Bangor Planning Board; and
NOW, THEREFORE, BE R ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, THAT
the City Manager is hereby authorized to execute a License Agreement with Finard &
Company, substantially as attached hereto, and in a final form approved by the City Solicitor or
Assistant City Solicitor.
IN CPR MMCLL
Detenher 27. 1999
Paaeed
00-59
ORDER
71tle, Aathor£afng hiceaae Agree t
with Pinard and C 3W for Ove of
e Portion of City Night of Nay on
NasFivgton Street
AmIgned to
1 G.
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") and FINARD & COMPANY, INC., a Maine Corporation having its principal
place of business in Portland, CLmbedand County, Maine (hereinafter "Finard'),
WITNESSETH:
WHEREAS, the City is the owner of a certain lot of land located next to the
premises at 77 Exchange Street; Bangor, Maine; and
WHEREAS, Finard wishes to use the City's lot for the purpose of constructing a
berm and have plantings as required as part of a site plan approval of the City of
Bangor Planning Board, the parties hereby agree as follows:
I. GRANT OF LICENSE - The City hereby grants Rnard a license to use Its lot
on the corner of Washington and Exchange Streets, and adjacent to the
premises at 77 Exchange Street, Bangor, Maine and more particular
described on Exhibit A attached, for the following and for these purposes
only:
A. To construct a berm and have planting In strict compliance with the
site plan approval of the City of Bangor Planning Board and with all
applicable City ordinances.
II. TERM OF LICENSE - This License shall be revocable at any time the City
requires the area involved for the widening of Washington Street, or for
any other public purpose, or should Finard no longer creed the berm or
Planting W comply with the site plan requirements imposed by the City of
Bangor Planning Board or Cade of the City of Bangor. Subject to the
City's right to revoke as Provided above, this License shall be for an
indefinite tern.
111. IMPROVEMENTS: RESTORATION OF PREMISES - No structures, and,
except as required by the Bangor Planning Board, no other type of
improvements of a permanent nature, shall be made to or installed upon
the City's lot by Finard
IV. MAINTENANCE OF PREMISES - In consideration of the grant of this
License, Nnard hereby agrees to maintain the City's lot in a clean and
attractive condition during the period this License shall remain in effect.
V. INSURANCE - Finard hereby agrees to maintain at all times during the
period this license shall remain in effect comprehensive general liability
insurance coverage in the amount of $400,000 per person / $400,000 per
occurrence. The CiVs lot shall be listed as insured premises on the
applicable policy binders. Finard hereby agrees that they will indemnify
and hold the City harmless for all claims of any person arising out of use
of the City's lot by Finard, their employees, guests or invitees.
VI. CEMFICATE OF INSURANCE - Nnard shall furnish 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 any changes
or discontinuance of coverage.
VII. INSPECTION OF PREMISES - Finard hereby agrees that they shall
thoroughly inspect the City's lot for any hanrds or defects prior to making
use thereof under this License. It is understood that this License is
granted far 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 CiVs lot by Finard shall be at Finard's sole and
exclusive risk.
VIII. LICENSE FEE —The parties agree that Finard shall not pay to the City, any
sum for a license fee.
WITNESS the following signatures and seals this day of ,1999.
[do IWWGIa.filJe ]8
Name:
Title:
FINARD & COMPANY, INC.
By:
Name:
Title
LIGtGvsa P Grc^ WASHINGTON STREET