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HomeMy WebLinkAbout2000-11-27 01-33 ORDERItem No of -33 Item/Subject: ORDER, Authorizing Execution of Bus Shelter Agreement -- Bangor Mental Health Institute Responsible Department: Legal Bangor Mental Health Institute has requested a bus shelter. They will pay for the mot of consWcting, maintaining, relocating and removal of the shelter. The Finance Committee recommended approval at its meeting held on November 20, 2000. �/T Managees Comments: City Manager Associated Infomrxtion: Agreement Budget Approval: Finance Director Introduced Por Passage _ First Reading Page 1 of 6 Referral 01-33 Aaiguxlwconndw 3t®ble Bov er 27. 2000 CITY OF BANGOR q;M1 (TITLE.) ORDER, authorizing Execution of Bus Shaker Agreement -- Bangor Mental Health Institute By the Oil' CouncD of rhe Ory ofauga: ORDERED, THAT]oseph McNeil, Superintendent of The Bus, is hereby authorized, on behalf of the City of Bangor, to exewre a Bus Shelter Agreement with Bangor Mental Health Institute. Said Agreement shall be substantially in the form attached hereto. IN CIW COUNCIL November 27, 2000 01-33 Passed ORDER n Title, authorizing Brenatioo of Bus Shelter A eemevt - Bamgor Mental Health lvstitute Assigned to BUS SHELTER AGREEMENT Bangor Mental Health Insulate BANGOR MENTAL HEALTH INSTITUTE, a Smteinstitution organized and established under and by virtue of the laws of the State of Maine and having its principal office in Bangor, Penobscot County, Maine, and the CITY OF BANGOR, a municipal wrpomtion organized and existing under and by vhvm of the laws of the State of Maine, for the purpose of constructing and maintaining a certain but shelter far the use and benefit of the public 9large on Hogan Road, Bangor, Maine, hereby muluatly agree 0 follows: (1) Bangor Mental Health batitute hereby grants a license to the City of Bangor for the purpose of constructing and maintaining a 5' x 9' bus shelter and all necessary signs and appurtenances thereto, to be located on the site depicted in a sketch attached hereto as Exhibit W. Sun Home shall be for an indefinite term, and shall be revocable upon sixty (W) days prior written notice to the City of Bangor. In the event of a revocation, Bangor Mental Health Institute shall attempt to provide a convenient substitute location on the premises of Bangor Mental Health Institute, Hogan Road, Bangor, Maine. (2) Bangor Mental Health Institute agrees to pay the cost of constructing, relocating and removing the shelter, which shall at all times remain the property of the City of Bangor. Upon relocation or removal of the shelter, Bangor Mental Health hvstitute shall be responsible for any necessary restoration of the shelter location (3) In consideration of the smites provided to employees, visitors and other users of the Bangor Mental Health Institute complex, Bangor Memah Health Institute agrees that it shall be responsible for all necessary repair and maintenance of the shelter once wnstrocted, including repair of any damages caused by ads of vandalism or motor vehicle awidems. For this purpose, "maintenance" shall include the removal of mow and ice from the shelter area and any adjacent walkways and public sidewalks. Bangor Mental Health Institute farther agrees that it shall defend, indemnify and hold the City of Bangor harmless @rim my and all claims of my person arising in whole or part out of a lack of maintenance or repair or out of defective condition of the shelter, the intent of this Agreement being that Bangor Memal Health Institute shall assume all costs and expense of defense and all liability to any persons wising under provisions of the Maine Tort Claims Act, 14 MRSA § 8104-A (2), and Maine's Local Highway Law, 23 MRSA § 3655, due to a lack of maintenance or repair or defective condition of the shelter. (4) Execution oflhis Agreement by the undersigned representative of the City of Bangor shall be subject to ratification of the Bangor City Council. This Agreement shall take effect upon unification by the Bangor CityCouncil. (5) This Agreement is made under and shall be interpreted in accordance with the laws of the Stele of Maine. Any action by either party to enf the teras of this Agreement shall be brought, ifat all, in the Maine District Thee District Come, Division of Southern Penobscot; or in the Penobscot County, Maine, Superior Count. WITNESS the following hands and seals this _j dayof Dmember, 2000. BANGOR MENTAL HEALTH INSTITUTE .:C�ix� By de bass aClsunug Director of Facilities and Safety CITY OF BANGOR By W //4x/ Witness J cNerl upennXetnt, The Bus STATE OF MAINE /PD dxm J„✓ PENOBSCOT, as. .Ill evemhvV/ 2000 Then personally appeared the above-named DALE CANNING, Directorof Facilities and Safety, of Bangor Mental Health hatimte, and acknowledged the foregoing instrument to be his free ad and deed in his said capacity, and the f act and deed of said Bangor Mental Health Institute. Before me, Notary blclAt4//a NEv Notary Public/Anomeya[-Lew Printed Name: RUN K. Mullaney, Notary patella State of Maine My Corw salon Expires 2/3/2003 STATE OF MAINE PENOBSCOT, as. —� 2000 Then personally appeared the above-named JOSEPH MCNEIL, Superintendent of The Bus, and acknowledged the foregoing instrument to be his flee act and deed in his said capacity, and the free act and dead of said municipal corporation Before me, Notary Public/Anomey-ot-Law Name Printed Name: Ruth K. Mullaney, Notary Publio Stte of Maine My Commission Expires 2/3/2003 �X 0 2 _e E%HIBIT A