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
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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