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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