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
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