HomeMy WebLinkAbout2000-08-28 00-335 RESOLVEItem No nn-ena
Data: August 26 2000
Item/Subject: RESOLVE, Ratitying Execution and Delivery of Agreement between the City o/
Bangor and Congregation Bethlrt-- Access W Mount Hope Cemetery
s Avn6e
Responsible Department Legal
Commentary:
SSRAEL
Congregation Beth eis expanding its cemetery off Mount Hope Avenue. Currently they have no road m
Me cemetery expansion other than the mad through the portion of Mount Hope Cemetery and their
property.
Because they plan to start construction of the cemetery expansion the week of August 21, 2000, the
requested Me agreement a0ached to this Resolve has already been executed.
This Council Resolve would ratify the acbm of the City Manager's execution of the agreement providing
Congregation Beth €taccess to Meir cemetery. -
zaRncr
Department Head
Manager's Comments:
Recommend approval. 9 ^ri
�� City Manager
Associated Information: Agreement
Budget Approval:
Rnance Director
Legal Approval:
City Solicitor
Introduced for
--K-paaage
_First Reading page I of 5
Referral
v r,� h Baelppea to f Cw or aol nugpSt za, 2000
CITY OF BANGOR
(rITLE.) Resolve, RaffecUion and DeliveN of Agreement be een the City of Ba or
tl GDngregabon Beth Israel — Ac to Mount Hom Cg ete
Syme ay Cmmyofsee avigmv.
MOEtEa
THAT the action of the dry Manager in a dng an Agreement between the City
of Bangor and Congregation Beth Israel, o ruing access to Mount Hope Cemetery, is hereby
Wiled and mnflaned.
IW CITY CBBBCIL
August 28. 2000
Motion for Passage Bade
a seconded
Passed
CI�II-
00.335
RESOLVE
Title, Ratifyingtrecuziw� 'd U eu
of ABteeneot Between the City of Bangor
and Congregation Beth Israel — Acesa to
B t Rape Cemetery
cif
Yd fAhm Cowollor
NIEMORANDUM
TO:
Gail Campbell, City Clerk
FROM:
Terri Corey, Legal Department
RE:
Congregation Beth Ismel Cemetery Agreet
DATE:
September 1, 2000
Enclosed for your permanent records please find an original executed
Agreement between the City of Bangor and Congregation Beth Ismel, dated
August 21". This 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 400-335
passed by the Council on August 28, 2000.
If you have any questions, please call me.
Enclosure
pc: Arthur Stockus
Jim Ring
00-335
AGUEMEN
'{
Agreement medefter t day of 2000,byend between
the City of Bangor na
County,
Congregation
amumcipal corporation corporation
in
Bangor, Penobscot County, Maine and Congregation Beth Israel non-profit corporation of
Bangor, Prnobsmt County, Maine (hereinafter referted to as "Beth Israel').
WHNESSTH
WHEREAS, City is the owner is owner of a certain parcel of land on Mount Hope
Avenue, Bangm, known as Mown Hope Cemetery; and
WEIBREAS, Beth Israel proposes to develop a certain parcel of lend for the
expansion of an existing cemnery; and
WHEREAS, Beth Israel's proposed expansion of the cemetery does not have
access to Mount Hope Avenue, Bangor; and
WHEREAS, Beth Israel requires an agreement from City to provide access to the
proposed cemetery, expansion;
NOW THEREFORE, for in consideration of the covenants and agreements
hereinafter set forth, the parties hereto, for themselves and their successors and assigns,
some as follows:
I. City does hereby grant to Beth Israel, subject to the terms and conditions
hereinafter set forth, the right to use, along with others, roads in Mown Hope Cemetery,
as currently existing, for the purpose ofaccessiug the proposed Cemetery expansion.
2.. City does rout warrent title to the eforedescribed premises and does not
undertake to defend Beth Israel in the peaceable enjoyment thereof.
3. City reruns the right to maintain, improve, use and alter the said roads, all of
which may be freely done at any time or times by City, its employees, sports, or
successors, without liability to Beth bawl or anyone else far compensation or damages.
Beth Israel does hereby forever release City from all claims or demands which Beth
brand, it eu«essors and assigns, may have or hereafter rquire against City by reason Or
on account of any injury sustained on the aforementioned premises or arty improvements
thereon, of my nature whatsoever, on account of Beth Israel's right to use said premises.
Beth Israel $ball Out be liable an City as a result of activity on said mads by any other
party.
4. No signs of any kind may be placed on the roads by Beth Israel.
5. The rights conveyed by this agreement slap be the privilege of Beth Israel only
and no assignment or transfer hereof shall be made, or other use permitted than for the
purpose sated herein without the prior writha consent of City.
6. In the event Beth Israel does not expand its existing cemetery or ceases to use
said expanded cemetery, this agreement shall benominated.
7. City may terminate this agreement upon six (6) months notice to Beth Israel.
Baub Israel may terminate this agreement upon thirty (30) days notice to City.
8. Failure on the part of City to complain of my action or non -action of Beth
Israel no matter how long the same may cuminue, shall never be deemed awatver by the
City of my of its rights hereunder.
IN WITNESS WHEREOF, the City of Bangor has caused this instrument to he
executed, acknowledged ad delivered m its name and behalf by Edward A. Bartell. its
City Manager, thereunto duly authorized, and Beth Israel has caused this instrument to be
executed, acknowledged and delivered in its name and behalf by Bernard Kubeez its
pravden, thersunm duly "boozed.
CITY OF BANGOR
ss Edward A. Burrett
City Manager
CONGREGATION BETH ISRAEL
rmess BernardKN
President
STATE OF MAINE
PENOBSCOT, as it 2000
Then personally appeared the above -maned Wound A. Barrett, City Manager, and
acknowledge and the foregoing instrument to be his free act and dead in his said capacity
and the flee set and dead of the body corporate.
Before me,
OWTY Pub is l 1mTROY
NORMAN B. NtIYMANN, III
NOTARY WBYC, MAINE
MY COMMISMON EXPIRES JANUARY 31, Sm1
STATE OF MAIN£
PENOBSCOT, ss P e 20M
Then personally appeared the above-nawed Bernard Kubeta, Presidem, end
acknowledged the foregoing interment to be Ws free act end deed in his said capacity,
.end the free act end deed of Cowavrenion Beth Israel. _
Before me,
O 335