HomeMy WebLinkAbout2000-11-27 01-34 ORDERItem No. 01-36
Data: November 21. 2000
Item/Subject: ORDER, Authorizing Execution of Bus Shelter Agreement
-- Eastern Maine Technical College
Responsible Department Legal
Eastern Maine Technical College has requested! a bus shelter. They will pay for the cost of constructing,
maintaining, relocating and removal of the shelter.
The Finance Committee recommended approval at its meeting held on November 20, 2000.
Associated! Information: Agreement
v
City Manager
Finance Director
Legal Approval:
❑ry Solicitor
Introduced forcroAvtf-
1--pasoulge
_ Fist Reading Page 1 of B
Referral
r�\ Assigned to Councilor Balser November 27, zoos
(; CITY OF BANGOR
(TITLE.) ORDER, Authorizing Execution of Bus Shelter Agreement
-- Eastern Maine Technical College
9y the City [o onci/ of Me Cry of Bangor.
ORDERED,
THAT Joseph McNeil, Superintendent of The Bus, is hereby authorized, on behalf of
the City of Bangor, to execute a Bus Shelter Agreement with Eastern Maine Technical
College. Said Agreement shall be substantially in the form attached hereto.
IN CITI CO"m
9ovem6er 27. 5000
Passed
al-sa
ORDER
C1 cleex
Tltle,eathareemen exEastern of eaa
shelter egreemege—easce[n Maine
Techvicel College
Assigned to
Cx4ie) y'o.Q Councilor
cda,o 4.
01—M
BUS SHELTER AGREEMENT
Eastern Maine Technical College
EASTE2N MAINE TECINICAL COLLEGE, a Sate institution omanized 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 B:1\GOR a municipal
corporation organized and existing under and by cine of the laws of the State of Maine,
for the purpose of constructing and maintaining a venin bow shelter for the use and
benefit of public at large on Stillwater Avenue. Bangor. Maine. hereby mutually agree
as follows:
p) Eastern Maine Technical College hereby grants a license to
the City of Bangor for the purpose ofconstrucdng and
mainusming a 5 x T bus shelter and all incessary sivls
and appurtenances thereto. to be located on the site
depicted in a sketch attached hereto as Exhibit "A-. Said
license shall be for an indefinite ten. and shall be revocable
upon simty 1607 days prior omen notice to the City of
Burger. In the cyan[ ofa revocation. Eastern Maine Tecbrucoi
College slsall attempt to provide a convenient substitute
Aearron ,11 [f.: ]r:mi,es I.' e::: }Iain Technical
College. Stillwater Avenue. Bangor. Maine.
Eastern Maine Technical College agrees to pay the coal of
cotsmactinssi relocating and removing me shelter. which
shall a all times remain the property of the Cin of Bangor.
Upon relocation or removal of the shelter. Eastern Maine
Technical College shall be responsible for any necessary
restoration of the shelter location.
G) In consideration of the services provided to employees. visitors
and other users of the Eastern Maine Technical College campus,
Eastern Maine Technical College agrees that it shall be responsible
for all necessary repair and maintenance of the shelter
once constructed. including repair of my damages
caused b acts of vandal ism or motor vehicle accidents.
For this purpose. "mainrenance shall include me removal
of snow and ice from the shelter area and any adjacent
P17]4, :e
n`
walkways and public sidewalks. Eastern Maine Technical
College further agrees that it shall defend, indemnify and
hold the City of Bangor harmless from any and all claims
of any person arising in whole or part out of lack of
maintenance or repair or out of defective condition
of the shelter, the intent of this Agreement being that Eastern
Maine Technical College shall assume all costs and expense
of defense and all liability to any persons arising 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 of this Agreement by the undersigned representative
of the City of Bangor shall be subject to unification of the
Bangor City Council. This Agreement shall take effect upon
ratification by the Bangor City Council.
(5) Tbis Apeement is made under and shall be interpreted in
accordance with the laws of the State of Maine. Any action
by either party to enforce the terms of this Agreement shall be
brougb4 if at all, in the Maine District Three District Court,
Division of South= Penobscot, or in the Penobscot County,
Maine, Superior Court.
WITNESS the followingbands and seals this mbrr� im p
1D daY ofBeeemberAnal
/ EASTERNMAINETECHMCALC LLEG
BY..: 1__
Wim W. f3regory 3 n, of
CITY OF BANGOR
%
By
Imes / f McNdl ,
USuperwtevden4 The Bus
01-34
STATE OF MAINE .'s•�,fOrf� ado t
PENOBSCOT, ss.ambet 1 i- ,38811
Then personally appeared the above-named W. GREGORY SWETT, Dean of
Students and Enrollment Management of Eastem Maine Technical College, and
acknowledged the foregoing instrument m be his free set and deed in his said capaci
and the free act and deed of said.,�ac.".l...e:--"'—"•�.q,.b.tyey %ty�f yitwF
Before me,
a-.�cw.ctL Hyo-tC
n
Notary Public/en»__.. -,�-t ,,,
Printed Name:lwo/nu�
STATEOFMAINE. may)
Q��
PENOBSCOT, as. J& _, 1888
Then personally appeared the above-named JOSEPH MCNEIL, Superintendent of
The Bus, and acknowledged the foregoing instrument to he his free act and deed in his
said capacity, and the free act and deed of said municipal corporation.
Before me,
otary Publir✓Anomryat-La
Printed Namec4nn/ou "4
EXHIBIT
Il A,
01+34'
r,
(Je` Assigned to Councilor Palmer November 27, 2000
CITY OF BANGOR
(TITLE.) ORDER, Authorizing Execution of Bus Shelter Agreement
-- Eastern Maine Technical College
By Me Ot y Cmw7 of the Ol y of Sengon.
ORDERED,
THAT Joseph McNeil, Superintendent of The Bus, is hereby authorized, on behalf of
the City of Bangor, to execute a Bus Shelter Agreement with Eastern Maine Technical
College. Said Agreement shall be substantially in the form attached hereto.
IN an cOONCIL
November 27, 2000
Passed
A True Copy, Attest;
C