No preview available
HomeMy WebLinkAbout2001-03-14 01-140 ORDERItean NO, 01-160 Date: 3-12-01 Item/Subject: ORDER Authorizing the City Manager to Execute a License Agreement with Sawyer Environmental Services for the Use of City Property Responsible Department: The purpose of this license agreement is to permit Sawyers Environmental to place two small dumpsters in the alley behind 1 Main Street, next to the Columbia Street parking garage. The dumpsters will be used by the tenants of 1 Main Street. The Infrastructure & Development Support Committee approved this request at its February 14, 2001 meeting. Department Head Manager's Comments: Recommend approval ne -#U "X r --" ' CM Manager nssoaated Inlrormation: Order, rQru,,.6 444eli GH Finance Director Legal Approval: City solicitor 3 Passage First Reading Page _ of _ _ Referral Asaigndm Gurcilor ltemble !larch 14. 2001 SN CITY OF BANGOR (MLE.) Order Authorizing the City Manager to Ezece[e a License Agreement with Sawyer Erwironmenial Services for the Use of City Property ORDERED, that the City Manager is hereby authorized to exemte a License Agreement with Sawyer Fmironmenlal Services for the use of Me allay behind 1 Main Street for He purpose 0f placing two dumpsters Hereon. A mpy of the U4erwe Agreement is aOnNed hereto, final form ro be approved by the City Solidror or A ant City Solitltor. March 16, 2001 Passed CI CC0 (TITLE) Authorizing the city Manager to Execute a License Agreement vote sav9er Eavironmeutal services for clue Use of City Property Assigned! to Councilor �.. LICENSE AGREEMENT BY THIS AGREEMENT, executed this&L day of March, 2001, by and lemana n the CITY OF BANGOR, acting by and through its City Manager, and SAWYER ENVIRONMENTAL SERVICES, I Freedom Park Bangor, Maine thereinafter "Licensee"), the parties hereto agree ss follows: WHEREAS, the Licensee wishes to use a portion ofen alley conning behind I Main Sheet and adjacent to the Hammond Street parking garage for the purpose of storing two two -yard dumpeters to serve Ne own"/tenants of lower Main Street, currently Lovely Development and the New Moon Cafe; and WHEREAS, the City of Bangor (City) has no objection m such use, subject to the terms and conditions contained herein; NOW, THEREFORE, it is agreed as follows I. Licence is hereby granted permission 0 occupy a portion of the ally owning behind 1 Main Street arad adjacent to the Hammond Street parking garage for the sole purpose of storing two two -yard computers m serve the own"Henan s of lower Main Street. 2. In the exercise of the rights granted herein, the License will comply with all applicable local, state, and federal codes, including maintaining the required setback form the existing LP tanks. 3. Licensee shall screen the dumpsters from view m the satisfaction of tile Code Enforcement Of car, unless otherwise prohibited by law. 4. The Licensee shall empty said dumpsters in a timely fashion to avoid causing a health hazard or unpleasant odors. 5. The rights granted herein shall be under the supervision and control of the City Engineer and the Code Enforcement Officer. 6. In the event tlhm the City, in its sole discretion, determines that further use of the pmmims under this Agreement is not in the bat interests of the City of Bangor, the rights granted herein may be terminated upon seven (7) days wrium notice to the Licensee. ]. As a condition of these rights, the Licensee does hereby expressly agree to indemnify and hold the City of Bangor, its inhabitants, officers and employees harmless from any and all liability to themselves or third person arising out of the Page 1 of2 use and occupancy of &a premises and the exercise of rights granted herein. For this propose. the Licensee barely exmessly waives any and all immuntv it my hav under the Maine Workers' Connensation Act in regard to chancesd rted 1 tthe City by my scents,ervarts or canplovees of said Licensce. arising out f my ise of the r'ehts granted herein The iMerrnificalion provided under this paragraph shalt extend ro set include my and all costs insured by the City of Bangor to answer, investigate, defend and settle all such claims, including but not limited to the City of Bangor's cost for anomey, foes, expert or other witness foes, the cost of investigators, and payment in fail of any and alljudgmeias rendered in favor of my person, including agents, servers or employees of said Licenece against the City in regard to claims arising out of any exercise of the rights granted herein. 8. The rights granted herein shall not take effect until the Licensce files with the Finance Director a Certificate of Insurance with a company authorized to do buswess in the State of Maine providing liability insurance coverage of at least Four Hundred Thousand Dollars (S400,000.00) with the City of Bangor as a named insured. 9. All correspondence between the Licensee and the City of Bangor shell be seat to Cade Enhancement Officer, City of Bangor, 73 Ilarlow Street, Bangor, Maine, 04401, and Sawyer Environmental Services, 1 Freedom Park, Bangor, Maine, 04401. IN WITNESS THEREOF, the parties hereto have set their hands and seals the day and year first written above. CITY OF BANJGOR Witness By: Edward A. Barrett Its: City Manager SAWYER ENVIRONMENTAL SERVICES C ass By/Oa.-. A rSoW. c� Its: sIk.� �-2er- Page 2 of 2