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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 nasamma ca �uor Ltwtey 'mgnss za, z000 r 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