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Home My WebLink About2002-04-08 02-166 ORDERItem No. 02-166 Date: 4-8-02 Item/Subject: ORDER - Authorizing the City Manager to Execute a License Agreement for the Orono Bog Boardwalk Project Responsible Department: Legal Last fall, the City entered into an Agreement with die Orono Land Trus; Inc., College of Natural Sciences, Forestry and Agriculture of due University of Maine, and Ronald Davis for the purpose of constructing a boardwalk in tines Orono Bog. The Agreement requires the City to negotiate a License Agreement to permit allpartiesandthepublictousethewmmwayandportionofN boardwalkthwwillbeoar Cityproperty. In accordance with this Agreement, this Order authorizes tiv City Manager to execute the License Agreement after it is approved by the Legal Office. / Depprtment Head Manager's Comments: T City Manager Associated Information: LIAAL11 France Director Solitl[or InVoduced far Passage _ Mrst Reading Page _ of Referral 02-166 AAignedto ConMilor Parvhem April 8. 2002 iovl CITY OF BANGOR (TITLE.) ORDER, Authorizing the City Manager to Execute a License Agreement for Me OranO Bog Boardwalk Project BE It ORDERED by meaty Gaining efthe City oleangar, That the Ery Manager, r lwaN A. Barrett, is hereby authorized to execute a License Agreement for the potion of the aceessway and boardwalk to bas located on CRY property in accordance with the Oram Bog Boardwalk ProjeR Memorandum of Understanding. The form o/ this License Agreement shall he approved by the Qty Solicitor or Assistant City Solicitor. Is CITY COUNCIL April 8, 2002 Passed I cx CLEss !A 02-166^._' ORDER Title. Authorizing the City Ravager to F.zecute a License Agreement far the Orono Bag Boardwalk Projekt _ Assigned to 02-166 LICENSE AGREEMENT T S LICENSE AGREEMENT is by and between the CITY OF BANGOR, a municipal corporation organized and existing under the laws of the State of Maine (hereinafter "City") and the UN(VERSM OF MAWS SYSTEM on behalf of the College of Natural Sciences, Forestry and Aedcultca , University of Maine, Omno, Maine, an educamoml facility crested by the lava of the Some of Maine, with an office located in Orono, Penobscot County, State of Maine (barometric "Licensee"). WITNESSETH: WHEREAS, the City is the owner of certain land in the Bangor City Forest that is a part of the Drove, Bog and is located adjacent to certain land located in Orono that is owned by the University of Maine; WHEREAS, the City has entered into a Memorandum of Undemoandm& Orono Bog Boardwalk Project with the Orono Lend Trust, the Licensee, and Ronald B. Davis dated October 25-29,2001; WHEREAS, said Memorandum requires the City of Bangor to great the Licensee a license for access to the University's Property (Premises); NOW THEREFORE, the parties herein agree as follows: I. CRANI OF LICENSE The City hereby grants to Licences a license to use a forty (40) foot wide Parcel of land, the centarline of which is shown in F-Adbil A, attached hereto and me sco mnxl into this License by r,lawrw, for the following propose only to construct, maintain, and utilize a public had and boardwalk convecting Trips Road to the boardwalk on the IRear ses in accoNauce with the Memorandum of Understanding, Orono Boardwalk Project dated October 25-29,2001. II. TERM OF LICENSE. This License shall commence on May 1, 2002 and continue until terminated by either party in accordance with section V. to ta t •. The Licensee does hereby for itself and its soceessom fully and completely RELEASE and HOLD HARMLESS said City of Bangor, its iMabibnts, officers, solvents, agent and employees from my and all claims, demands and actions that license and its successors mayhave, on account ofloss, damage or injury, including parsmml injury, that DPS , we caused by the use of the premises by the Licensee, its trustees, officers, servants, agents, employees, guests m invkwe but which halemnification and Hold Harmless shall not include members of the general public or other users of the premises. W. INSPECTION OF PREMISES Licensee hereby agrees that it shall thoroughly inspect the Premises for my hazards or defects prior to making use thereof under this License. It is rade rood that this License is granted for use of the premises "as is", and that the City makes an wmranty or representation of any kind regarding the safety or condition of the premises. Use of the premises by Licensee shall be at Licensee's sole and exclusive risk. MIMMV :1SGI "01 From May 1, 2002 until January 31, 2009, this License may be revoked by the City only if the Memorandum ofUnderstzading, Orono Bog Boardwalk Project, dated October 25-29, 2001, is terminated in accordance with its Article R, Section 1 (denial of the permits necessary for the project to go forward or uncured breach of the agreemmc) Commencing February 1, 2009, the City or the Licensee may terminate this License for no cause by giving one (1) years notice. VI. OTHERLAWS Licenses shad] abide by my, and all applicable local, state, end federal laws in the use and occupancy of the license ares. WITNESS the following signatures and seeds: Dated: T,� 2002 CITY OF BA GOR By: EdwardA. Barrett Its: City Nfasnagu Dated:�2002RBITY OP MAINE By' Munk W. Anderson hs Interim ChiefFinarcial Officer UniversityofMaine STATE OF MAINE Penobscot, ss, 02-166 7Q,.a. � 2002 Tien personally appeared the above-named Edward A- Banetl, in his capacity as City Manager, and acknowledged the foregoing instrumrnt to be his free ad and deed in his said capacity, and the free act and dead of said body vmporete. STATE OF MAINE Penobscot' as. 6 17 2002 Than personally appeared the above -mored Mark W. Anderson, in his capacity as handm Cheif Financial Officer of We University of Maine (for the College of Natural Searr=, Forestry and Agriculture) on behalf of the University of Maine System and acknowledged the foregoing insmwerd m be his free act and dead in said capacity, and the free act and deed of said body corporate. Before me, terry Paetomey-et-Law Panted Namrne;: JGVIRWt/ . uraiwmon°t4'a,BO� 02-166 RANB®R CITY FOREST ggCNEATION. WND1.&£. EDUCATION AND PORE6T AiANR6E69EN[P4RN a 4.7 1l ACCESSR®AD AND TRAILS FLAN A F9` °^Pr`.City y i`%� m,, ass, .a .U.�.a ...a ,coRf.ab'J"thco".