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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