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HomeMy WebLinkAbout2000-01-10 00-75 ORDERItem No. oo-75 Date: aanuary 10,200 Item/Subject: ORDER, Amending Council Order 00-41, Authorizing License Agreement with the Elko Lodge for Use of City -owned Property on Odlin Road Responsible Department: Community R Economic Development The Council on December 13, 1999 approved a new "replacement" License Agreement with the Elks Club to accommodate a location for a Bangor Gas Company gas regulator. Subsequent to Council approval, a water line without a recorded easement was discovered on the site involved. The location of the water line requires the gas regulator kation/structure be moved 20 feet closer to the Odlin Road than originally envisioned to amid the water line easement area. This amendment to Council Order 00-41 is needed to replace Exhibits A-1 and A-2 to the License Agreement approved by Council Order 00-41 with the new Exhibits reflecting the revised licensed area. Department Head Manager's Comments: Recommend approval. Commun0y and Economic Development will have a rommendY City Manager Associated Information: Order, Exhibits Finance DireRa X Passage _ FlrstReading Page _ of Referral Assigned to Cauncilm Blanchette January 10. 2000 �..AAAA i CITY OF BANGOR (TIRE.) Order, Amending Council Order 00-41, Authorizing License - Agreement with the Elks Lodge for Use of CRybwned Property on O llin Road 6yt Oty o lwrheotyWwngor ORDERED, Whereas by passage of Council Order 0041 on December 13, 1999 the City Council authorized a new Liclence Agreement with the Bangor lodge of Elks authorizing its use of City land adjacent to the Elks Lodge at 108 Odlin Road; and WHEREAS, the Licience Agreement approved by COundl Order replaced a previous Ucience Agreement; and WHEREAS, the charge In Llcience Agreements is to accommodate a location of a Bangor Gas Company regulator station; and WHEREAS, subsequent be Council approval of Order 0041 , a water line was discovered on the site which requires that the gas regulator sta0on/structure be mored 20 feet closer to the Odin Road than originally envisioned to avoid the water line easement area; and WHEREAS, this change requires an amendment to Exhibit A and Exhibit a to the Ucience Agreement approved by Order 0041; NOW THEREFORE, BY THE CITY COUNCIL OF THE CITY OF BANGOR, BE Ii ORDERED THAT Council Order 0041 Passed December 13, 1999 is hereby amended by replacing Exhibit A and Exhibit B W the Ucience Agreement attached to Order 0041 with Exhibit A and Exhibit B atooed hereto. IN CITY MUNCIL January 10, 2000 Passel 00-]5 ORDER Title, (wending Connell order -o0-01, Authorizing License Agreement with the Elks Lodge for Use of City -owned Ytopeity on odlin goad Assigned to . i ICENSEAGREEMENT - THIS LICENSE AGREENtENT by and between the CITY OF BANGOR, a municipal rorpomtion orgavizod and existing under (he laws of the Stns of Maine (berevufta'Yhe City") and the BANGOKLODGE OF ELKS NO, 244, a non-profit Maine Corpombon (hereinafter" rhe Elks'l, WITNESSETH' _. WEEREAS, the City is the owner of a certain lot located neat to the Elks' Ledge premises a I08 Win Road; end WIiEREAS, the Elks wish m use a portion of the City's lot for a sign and rubber recreational uses, the parties hereby agree as follows: 1. GRANT OF LICENSE- The City hereby grams the Elks a license to use the portion of the lot on Ostia Road lying adjaoemdo the. existing Elks' Lodge prebuses and designated on Exhibits A-1 andA-2, attached hatto and incorporated into this Agreervent by reference, for the following and for these purpose only: - L To maintain a sign indicedng the location of the Elks' Lndge. or advertising Public _ events to be held therein; said sign to be located in strict compliance with all. applicable City ordimnres, including dm City's Sign Ordinates (Cbapter 260, Code of the City of Bangor) and the design to be reviewed by the Comnutity, and Economic Developmend Committee of the City Council; and 2. For postal recreational purposes in wnaection with Elks -sponsored or Elks- - conducted events. Such uses shall be conducted is compliance with all applicable City Onhnaftws. B M OF LICENSE -This License shall be revacable a any time with or without cause and with or without prior notice, provided that upon revocation of this License, the Elks may enter onto the prmilses for the purpose of reTIODARg any signs or othet improvements installed by the Elks, for a period of ten (10) days following notification of revocation. Subject. W the City's right to revoke as provided above, this laccase shall be for an indefinite term. ID @ ROVEMCNTS RESTORATION OF PREMISES - No improvements of a petmunent rade shall be made to or wstalled upon the City's lot by the Elks without prior written permission of the City. Any hnprov,, mts not removed within the ten (10) day period following revocation of this License in accordance with Article B above shall become the property of the City to be disposed of in such mariner us the City deems appropriate, The Elks agree that upon revocation of this License by the City or the Elks' surrender of the premises, and erithiv thirty (30) days thereafter, the Elks shall restore the City's lot, in every respeet to its original condition, by regrading, reseeding, landscaping, or otherwise. If not so restora3 by the Elks, the City may cause the lot to he restored and the Elks shall reimburse to the City the City's reasonable costaof such restoration. ' IV MAEITENANCEOFPREMISES-rnwasiduationofthegmtofdds Loeme the Elks hereby agree to maintain the City's lot in a clean and amewfive condition during the period this Licmu shall remain in effect V INDEMTRPICATId1J — The Elks Lodge does hereby for itself aM its successors, fully and completely RELEASE and HOLD HARMLESS said City of Bangor, its inhabitants, officers, servants, agents and employees from my and all claims, demands and actions that the Elks, its mccessma, or third parties, may have, on ar<ouM of loss, damage or injury, including personal injury, that are caused by use of the premises or the mainteoanre of the sign thereon. The Elks Lodge, or its successors, also hereby expressly agrees to defend, indemnify, and hold the City of -Bangor, its o%cars, servmtts, agents and employees hamdess from and against any and all claims, demands, actions, and judginents in favor of my of The Elk's, or its successors, servants _or_e_mployees who may enter upon the described premises. For this the Elks, or its sl' waive, my nd all marearne, into 't which it may err ov under rho'"ong offfie M W k 'C sett Ac £1992 39-AMKS.A see 101etsm or other isevisions of how. The Elks lodge, or its successor, hereby further waives my and all mbmgation rights it may have against the City of Bangor On awount of any employee injury or claim under 39-A M.R S.A. sec. 107. The indemnification provided under this paragraph shall, extend to and include any and all costs incurred by the City of Burger to mswer, investigate, defend and settle all such claims, including but not limited to the City of Bongoes cost for armsey fees, expert or other wimess fees, the cost of investigators, and payment in had of any and all judgments rendered in favor of my, person, including mints, servants or employess of said Elks Lodge against the City in regard to claims arising out of this Lioense. Vi INSURANCE - The Elks hereby agree to maintain an at times during the period this license shall remain in effect, through them 10ca1 Chapter or National Organization, comprehensive genual liability msurince coverage in the amount of $400,000 per person / $400,000 per occurom0a The City's lot shall be listed as insured premises on the applicable pelt,, binders. The Elks hereby agree that they will indenutify and hold the City harmless for all claims of any person arising out of use of the City's lot by the Elks, thein members, guests or invitees. The Elks shall furnish to the City evidence in the form of certificate of mantras of the existence and continuance in force of the thsaance required. The City shall be notified of my _ changes or discondiumace of coverage. VR INSPECTION OF PREMISES - The Elks hereby agree that they shall thmoughhy inspect the City's lot for any hamNs or defecss prior to making use Hereof mdu ibis License. It- is understood that this Liceme is granted for use of the premises "as is", and man the City makes no warranty or representation of my kind regarding the safety or condition of the premises. Use of the City's lot by the Elks shall he at the Elks' sole and exclusive risk. W-75 V 1. LICENSE FEE - The Elks agree to pay to the City, in advance the sure of $1.00 per yeah as and for ahcense fee for eachyear this License shall remain in effect no potion of which fee shall be refunded for my remon. This Agreement replaces and sopercedes the License Ageemmt by and between the City of Bangor and Bacgor Lodge of Elks No. 244 dated 28 June 1991. WTNESSthefollowmgsig,rannesmdsealst s;?6 Gdayof. May, 2005. CITY OF BANGOR By: City M A. Barrett Its:. CiCity avager BANGOR LODGE OF ELKS NO. 24 EXHIBIT A -I ` General Location License ` "Premises" o 1 ® r, C C ® ® x © " Gi •nL® 0 B 14 © OO O I e9 m S % �E . is Is EXHIBIT A-2 . w E \ Licensed Arta —Dashed Line :usOeA ooa'wr A' 9 as TI / -- _ x ------ 171 1�fl ODLIN ROAD n 0 sA