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