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HomeMy WebLinkAbout2001-04-09 01-181 ORDERItem No 01-161 Date: 49-01 Item/Subject ORDER Authorizing Me Oty Manager to Execute a Jomae Agreement with RobertSanders for the Use of City -Owned Property In Holden, Maine, Responsible Department Legal C me ltary: The purpose of this order is to permit the City Manager to execute a ticenu Agreement with Robert Sanders for use of City -owned property in Holden, Maine. Mr. Sanders will be Constructing a residents on his property adjacent to the BIA outer marker and wishes to utilize the existing drhieway for access. Accordingly, the License permits Mr. Sanders to utilize and extend the existing driveway to access his residential property. The License aim requires him to install two parking spaces near the facility far the City's use. This Rem was approved by the Community & Economic Development Committee on June 7, 2000, and the FAA does not object to this license. Department Head Manager's cmanments: City Manager Associated Infamretiom() r Budget Approval: iG-M P=Zqm In"uced far —VF`^ Passage _ First Reading Page _ of _ _ Referral AStigbd W t Maflor Tremble April 9, 2001 CITY OF BANGOR 1110 (TITLE.) Order Authorizinah Manager Execute a License Agreement wit Robert Sanders for the Use of Ci Owned Property in Holden. Maine. r,TTPTP77V.M ORDERED, The City Manager is hereby authorized to execute a License Agreement with Robert Sanders for the use of city -owned property located in Holden, Maine, a copy of which is attached hereto. Said License Agreement shall be In a final form approved by the City Solicitor or Assistant City Solicitor. IA CITY COMCIL April 9. 2001 ISotion for Passage tl de and Seconded Passed oxnEA TIRE,) Authorfeine the City xanaeei to Execute a License Agreement with Hobert Sanders for the Oee of City - ouued Property nfloroen mrne AssIgnsdb Councilor -FAa G-Ok _ a. THIS LICENSE AGREEMENT by and between the CIN OF BANGOR, a municipal corporation organized and existing under the laws of the Stare of Maine (hereinafter'tile City") and ROBERT SANDERS, an individual residing at 20 Salem Court Bangor, Maine (hereinafter "Licensee"), WITNESSETH: WHEREAS, the City is the owner of a certain parcel of real estate (hereinafter "the Remises") located in the Town of Holden, shown as lot 8 on the attached map, and known m the Holden Outer Marker for BIA; WHEREAS, the City's parcel is improved with a driveway used to access the Outer Marker facility; WHEREAS, Robert Sanders owns a parcel of real name adjacent to the City's property and wishes to utilize the City's driveway; WHEREAS, Robert Sanders wishes to extend said driveway to access his parcel for the purpose of constructing a Lane and residing finance; and WHEREAS, the Federal Aviation Administration has issued a leder, dated April 20, 2000 and signed by Larry Robinson, Manager of the Property & Services Branch of the FAA, indicating that it does not object to permitting Mr. Sander to use the driveway; NOW THEREFORE, the parties hereto hereby agree as fllows: 1. GRANT OF LICENSE - The City hereby grants; to Licensee a license to use a portion of the Premises, as shown in Exhibit A, attached hereto and incorporated into this Agreement by ref ce. for the following purposes only: A. an access Licensee's property via the City's existing driveway, B. to extend the City's driveway to Licensees property, and C. to construct two parking spaces near the City's facility m permit two vehicles to park cat the facility without blocking the driveway. The License granted by this Agreement is limited to accessing Licensee's property for residential use only. 11. TERM OF LICENSE — This License shall commence on April 15, 2001 and continue until terminated by either parry, for any reason, by giving nine (9) months notice. 111. MAINTENANCE OF PREMISES - In consideration of the grant of this License, the Licensee hereby agree to maintain the City's ddveway in a safe and clean condition duringtbe period this License shall remain in effect. 1V. INDEMNIFICATION —The Licensee does hereby for himself, his successors, his guests and invitees, fully end completely RELEASE and HOLD HARMLESS mid City of Bangor, its inhabiran s. officers, servants, agents and employees from any and 01 claims, demands and anions that Licensee, his successors, or mire parties, may have, on account of loss, damage or injury, including persooel injury, road are caused by ax of the premises. Licensee, or his successors. also hereby expressly agrees to defend, indemnify, and hold the Cay of Bangor, its officers, servants, agents and employees harmless from and ageing any and all claims, demands, actions, and judgments in favor of any of Licensee, or his successors, servants or employees who may enter upon the described premises. The indemnification provided under this paregraph shall extend to and include any and all costs incurred by the City of Bangor to answer, investigate, defend and settle all such claims, including but not limited ro the City of Bangoes cost for attorney fess, expert or other witness fas, the cog of investigators, and payment in full deny and all judgments marketed in favor of any person, including agents, servants or employees of Licensee ageing the City in reser! to claims arising ad ofthis License. V. INSPECTION OF PREMISES —Licensee hereby spas that be shall tlroroughly inspect the Premise for any hazards or dekcts prior to making use thereof under mis License. It s understood Hat mis License is granted for use of the premises "as is", and that me City makes no warranty or representation of any kind refunding the safety or condition of flat premises. Use of the City's lot by Licensee shall beat Licsart sole and exclusive risk. VI. LICENSE FEE—Licensee agrees W pay to the City, in advance the sum of g1.00 in consideration of this License. VII. OTHER LAWS—Licensee shall abide by any and all applicable local, stage, and federal laws in creating any site improvement on the City's property. WITNESS the following signatures and seals mis a day of April, 2001 LICENSEE By: Bo enders STATE OF MAINE Penobscot, ss. April h 2001 Then personally appeared the above-named Edward A. Banco, in his capacity as City Manager, and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the flee act and deed of said hody corporate. He ore m Attoruey-at-Law r' ted Name: Sono PAa.ea,cs STATE OF MAINE Penobscot ss. April _la_, 2001 Then personally appeared the above-named Bob Sanders and acknowledged the foregoing instnnnent to he his free act and deed. B orem mA m y -at -Law rated Name::5O"uur+ Wfte ,Gytl