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HomeMy WebLinkAbout2002-09-23 02-360 ORDERItem No 02-360 Date: September 23, 2002 Item/Subject Order, Authorizing Execution of a license Agreement wide Cole Land Transportation Museum - Webster Avenue Responsible Deparhnent: Engineering The purpose of this License Agreement is to permit the Cale land Transportation Museum to utilize portion of the City's Right -of -Way on Webster Avenue. This includes the portion between Perry Road and the I-395 overpass and has not been open W regular vehicular use for a number of years. The Cole Land Transportation Museum will regrade, seed, and establish a bike path to compliment an adjacent memorial. Deparonent ad Manager's Comments: I-Ij . a d, City Manager Associated Information: Order, license Agreement Inhyduced for _4j, passage First Reading page _ Of Referral 02-360 C�1 '~ Assigned to Councilor Parnham Septeober 23, 2002 c�U CITY OF BANGOR (TITLE.) Order, Authorising Execution of a License Agreement with Cole Land Transportation Museum - Webster Avenue ORDERED, THAT, the City Manager Is hereby authorized and directed to execute a contract with Cole Land TmnWortation Museum to utilize a portion of the City's Webster Avenue Rightof-Way. in un COUNCIL September 23, 2002 Motion Made and Seconded for Passage Passed # 02-360 (TITLEJ a x,.. mo..:,... ..f a Tivense Agreement rftb•cnle i d xransportatim Museum - Webster Ave. Assigned to Councilor T/I a n MMYI U-360 This LICENSEAOREEMBNf is executed this any of 2002, by and between the CITY OF BANGOR, @ereimRer refined to as "City'), and COLE LAND TRANSPORTATION WSEIIhl (hereinafter referred m as "Liceasee'). WITNESSETH: WHEREAS, the City is the owner of the Webster Avenue righ of -way; WHEREAS, the Webster Avenue nghtof--way is curravly not N use from the Perry Road to Interstate 395; WHEREAS, Licensee plans to grade and landscape its property an either side of the right-of-way and desires to regrsde and seed the right-of-way between Perry Road and Interstate 395; and WHEREAS, the City data net object to the rempmary seeding ofthisportion ofthe ngh of -way NOW, THEREFORE, the City and Licensee annually agree as follows: 1. Licensee expressly acknowledges and agrees that the City retaim ownership of the parcel and that the parcel remains a fight -of -way. 2. Licemseemaymgade and playgross in the Webster Arcane rightof- way from Perry Road to Interstate 395 (hereinafter "parcel'). Licevsce's use oftlas parcel sbd be non-exclusive. 3. Licensee shall cerebral acovtivuoua public walkway/bikeway within the portion of the Webster Avenue right-of-way to be regraded. Construction shall be acceptable to the City of Bangor Engineering Department. 4. Licensee shall maintain the graded area within the right -of --way, including mowing grass. 5. Licensee shall obtain all necessary permits, including a grade sort fill permit if applicable, prior to commencing work. 02-360 6. The term of this License is iudeflimm; however, the City may terminate this License without cause upon 30 -days written notice to Licensee. 7. Licensee agrees on indemnify and save the City, its employes and inhabitants, harmless from all suits, claims, damages and actions of any kind or venue arising directly or indirectly on the part of License, its agents, servants, employees and invitees out of the waives any and all e emov, under Title 14 Maine Revised Statues, Section 8. Lwassex shall not croashvct any building or other pemanent shucnne on the parcel. Furthermore, Licensee acknowledges and agrees that since the parcel remains a right-of-way, any building or other structme to be constructed on Licensee's property near the parcel most comply with the from yard zoning standards maccordance with the City's Land Development Code. 9. Licensee hereby wvesavts and agrees that it shelf no, during the term of this License, place, cause to be placed, deposit or discharge any hazardous waste ape premises, and funder expressly agrees that it shall indemnify the City from any and all costs, expense or liability, of whenever kind or name, incurred by the Licaysee as detecting, evaluating, removing, treating, disposing of or otherwise responding to any hazardous were placed or deposited in violation of this section. 10. Licensee hereby crossroads and agrees that shall and, during the term of this Licam , violate any local, state or Federal regulation in its use of the premises, and further expressly egress that it sball indemnify the City from any and all costs, espease or liability, of whatever kind or mature, incurred by the City for any such violation. 2 IF H. The Licensee shall not 9 any time assiM sell, comet' or trmsfer tiros License or any interest therein, or sublease or sublet or rest the premises, or any Part thereof. IN WffNESSW BEOF, the parties hereto have exennW thusivarttmertt as of 1he day and year first written above. CITY OF BANGOR Edward A. Barrett, City Manger COLE LAh MUSEUM