HomeMy WebLinkAbout2000-08-28 00-334 RESOLVEIlan no. 00-394
Item/Subjetb RESOLVE, Ratifying Ez ution and Delivery Of Agreement Santarem the CRy of
Bangor and Congregation Beth EI --Across to Moura Rope Cemetery
Responsible Department: Legal
Congregation Beth EI is expanding its cemetery off Mount Hope Avenue. Currently they have no road to
the cemetery expansion other than the road through the portion of Mount Hope Cemetery and their
property.
Because they plan to start mnstruction of.the cemetery expansion the week of August 21, 2000, they
requested the agreement attached to this Resolve.
This Council Resolve would ratify the action of the Gty Manager's execution of the agreement providing
Congregation Beth EI access to their cemetery.
Department Head
Recommend approval.
City Manager
Associated Information: Agreement
Flnance Director
' Ory Solidror
Introduced for
X passage
_ First Reading pagel
Referral
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CITY OF BANGOR
(TITLE.) Resolve, Ratifying Execution d Delivery of Agreement between the City of Bangor
and Conorecatlon Beth EI -- Access to Mount Hope Cemetery
By me O'fy Lbwx# Of the Ofy of Ai
RESOLVED
- -- - - -ED
the action of the City Manager in executing an Agreement between the City
of Bangor and Congregation Beth EI, wnceming access to Mount Hope Cemetery, is hereby
ratilled and confirmed.
ic
00-336
FW1&
Ttle! r fyiug Execution and Delivery
of ng[e®ent Between tbt City Of Banger
and Congragatin Beth Bl - Access tO
Bount Hope Cemetery
Assigned to
i
MEMORANDUM
TO: Gail Campbell, City Clerk
FROM: Terri Corey, Legal Department
RE: Congregation Beth EI Cemetery Amreement
DATE: September 1, 2000
Enclosed for your permanent records please find an original executed
Agreement between the City of Bangor and Congregation= Beth El, dated
August 21y. Ibis agreement provides for access into Mount Hope Cemetery
in connection with a proposed expansion to their cemetery.
This Agreement was executed pursuant to Council Resolve #00-334
passed by the Council on August 28, 2000.
If you have any questions, please call me.
Enclosure
pc: Arthur Stockus
Jim Ring
00-334
AGREEMENT
Agreement made this �i'A day of v 2000,byandbetween
the City of Burger(hereinafter refetrd to as"City a municipal corporation located in
Bengm, Penobscot County, Maine and Congregation Beth EI min -profit corporation of
Bangor, Pembsmt County, Maim thereinafter referred to as "Beth EI").
WITNESSTH
WHEREAS, City is the owner is owner of certain parcel of land on Mount Hope
Avenin, Bangor, known as Mount Hope Cemetery; and
WHEREAS, Beth EI proposes to develop a certain parcel of land for the
expansion of an existing cometery; and
WHEREAS, Beth El's proposed expansion of the cemetery does not have areas
to Mount Hope Avenue, Bangor; and
WHEREAS, Beth EI requves an agreement from City to provide access to the
Proposed cemetery expansion;
NOW THEREFORE, for in consideration of the covenoNs and agreements
hereinafter set forth, the pardes hereto, for themselves and their successors and assigns,
agree as follows: -
1. City does hereby grant m Beth El, subject to the terns and conditions
hereinafter set forth, the right to use, along with others, roads in Meant Hope Cemetery,
as currently existing, for the purpose of accessing the proposed cemetery expansion.
2. City does not warrant title to the aforedescrlbed premises and does not
undertake to defend Beth EI in the peaceable enjoyment thereof
3. City retahvs the right to maintain, improve, use and alter the said roads, all of
which may be freely done 9 any time or times by City, its employees, agents, or
successors, without liability to Beth EI or anyone else for compensation or damages.
Beth EI does hereby forever release City 6om all claims or demands which Beth El, it
successors and assigns, may have or hereafter acquire against City by reason or on.
account of my injury sustained to the aforementioned premises or any improvements
thereon, of my nature whatsoever, on accoum of Beth El's right to use said premises.
Beth EI shall cot be liable to City as a result ofacfivity on said roads by any other party.
4. No signs of tiny kind may be placed on the roads by Beth EI.
00-334
5. The rights conveyed by this agreement shall be the privilege of Beth EI only
and no assignment or transfer hereof shall be made, or other use permitted than for the
purpose stated herein without the prior written consent of City.
6. In the event Beth EI does not expand its existing cemetery or cesses to use said
expanded cemetery, this agreement shall be examined.
7. City may terminate this agreement upon six (6) months notice to Beth El. Beth
El may terminate this agreement upon thirty (30) days notice to City.
8. Failure on the part of City m complain ofarry action or non -action of Beth EI no
maser bow long the same may continue, shall never be deemed a waiver by the City of
any of its rights hereunder.
BJ WffNESS WHEREOF, the City of Bangor fins caused this instmmem to be
executed, acknowledged and delivered in its name and behalf by Edward A. Barrett, its
City Meuager, thereunto duly authorized, and Beth EI has caused this im; enj tobr,/�
executed, Wknqcol ed and delivered in its name and behalf by 'C its1 11 Ss H thereunto duly authorized.
CITY OF BANGOR
Itne 3 Edward�LVa�
any Manager
/ CON REG TI BETH EI.
(Witness
Name: r
Title: {r6+S
STATE OF MAINE
PENOBSCOT,ss •..< 21 ,2000
Than personally appeared the above-named Edward A. Barren, City Manager, and
acknowledge and the foregoing instmment to be his free act and deed in Itis said capacity
and the Ree act and deed of the body corpomte.
Before me,
ohm Publif %I1' N,11
N0rANYPWLW,16111N.
MYfAWNWONWIMRFI/ANN9NY/IriNf
00.336
STATE OF MAINE
PENOBSCOT, ss
Th�.200
0
llYa➢peao�deabove-named 'e;ci4r�41t
9Moand
acknowledged the fmgoing instwnmt to be his Gee act and
deed in his said capacity, arcl the Gee act and deed ofCongregarion BeN El.
Before me,
NoPIa is/�A�lt
NS�M9.d /yiiJs (n