Gorham Skate Park Proposal REVISED

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A G E N D A N O T E S Gorham Town Council Regular Meeting

December 7, 2021 – 6:30pm Burleigh H. Loveitt Council Chambers

Public hearing #1

On item #2021-12-01

Public hearing to hear comment on a proposal to issue a renewal Special Amusement License to JBN1, LLC, DBA Junction Bowl. (Admin. Spon.) Staff report a complete application.

Item #2021-12-02

Action to consider accepting Grove Street as a public road. (Councilor Phillips Spon.) This item will accept 513 feet of Grove Street, off of Waterhouse Street (Glenwood Subdivision), as an urban access roadway and will also accept associated public recreation access easements. With the exception of an invasive species review over three years, this and the following roadways conform to the newer public road standards.

Item #2021-12-03

Action to consider accepting Dogwood Lane as a public road. (Councilor Phillips Spon.) This item will accept 609 feet of Dogwood Lane, off Waterhouse Street (Glenwood Subdivision), as an urban access roadway and will also accept associated public recreation access easements.

Item #2021-12-04

Action to consider accepting a portion of Water Street as a public road. (Councilor Phillips Spon.)

This item will accept 113 feet of Water Street, off of the existing public section of Water Street (Glenwood Subdivision), as an urban access roadway and will also accept associated public recreation access easements.

Item #2021-12-05

Action to consider establishing a Town Council workshop date to discuss Recreation Impact Fees. (Councilor Phillips Spon.)

This item will establish January 18, 2022 as a Town Council workshop to discuss adding additional uses for recreation impact fees including trail systems.

2 of 2

Item #2021-12-06

Action to consider accepting a Memorandum of Agreement in support of the Gorham Connector project. (Councilor Pratt Spon.)

This memorandum of agreement with the Maine Turnpike Authority, if approved, endorses the proposed project to build a MTA connector from the South Portland MTA interchanges to south Gorham at the Gorham Bypass over the next five years. The memorandum is being proposed to Westbrook, Gorham, Scarborough, and South Portland. The Town Council recently had a workshop with the MTA, which is available to view on GoCAM.

Item #2021-12-07

Action to consider instructing staff to work on a revised voting ward district map that would correct outlying issues on Wescott Road, and also address travel distance inequities. (Councilor Hartwell Spon.)

This item instructs staff to review the voting ward map and suggest changes to the Town Council that would solve several issues with properties being on the boundaries of a ward, and disproportionately having to travel to vote. The state of Maine will need to finalize a Council-approved change to the mapping, and the process is expected to take several months.

Item #2021-12-08

Action to consider instructing staff to establish a municipal point of contact for state of Maine PFAS report investigation in the Town of Gorham. (Councilor Hartwell Spon.)

The state of Maine and other environmental agencies will begin testing for forever chemicals throughout the state in locations that may have had PFAS contaminations. This can include farms where sludge was spread as fertilizers. This order would instruct the Town Manager to appoint a department and/or staff members to serve as a clearing house for information coming into Gorham on these testing programs.

Item #2021-12-09

Action to consider authorizing the Town Manager to enter into a contract with a vendor for the Gorham Skate Park Project. (Councilor Pratt Spon.) This item authorizes the Town Manager to enter into a future agreement with Pillar Design Studios for the construction of a skate park on the Chick Property abutting the existing northernmost parking lot. A review committee selected Pillar Design Studios from several applications and staff have contracted with them for preliminary designs utilizing existing and donated funds to date. A memo from Community Development Director Tom Poirier is attached. No contract will be signed with the company until all funding sources are in place and confirmed; however, the goal is to have a design selected soon, so fundraising efforts can expedite for summer construction. Staff will be on hand to answer additional questions at the meeting or beforehand.

TOWN OF GORHAM

APPLICATION FOR A SPECIAL AMUSEMENT PERMIT

NOTE: All questions on this application must be fully and completely answered or the application will be considered incomplete and not acted on.

Applicant is applying for:

Class I permit: (fee $50.00) Class II permit: (fee $75.00) Class III permit: (fee $100.00)

All application fees are non-refundable.

1. Name of Applicant: De4 (30.\,..)\ IJ hioliv)i 4 <Cii 2. Business Address of Applicant: 7 170,11r-vovi v-e7 /D , 6-0y- 4am 06/OZ--2

77 ?3. Business Telephone Number of Applicant e 2 ) 2_g

4. Home Address of Applicant: / 3 q s ,11-; - Li f

Amy cri q _e,z1:= 5. Home telephone number (2-0 2--67 /09 91 6. Address of property and name of business where amusement is to be conducted:

13V(‘ (v1-t •Dr-\ ow I

rz6,. Kd 4v •ei s I 0 2-7 ei\ rThirn e OVA

7. Nature of business of license: pej I- I X 0) kiJ I /670 / 8. Describe the special amusement being applied for (please be specific):

; \re, M

9. Has the applicant exer had a license to conduct the business described above denied or revoked? V (7 If yes, please describe the circumstances involved.

10. Has the applicant, applicant's partners, corporate officers, manager or principle employees ever been convicted of a felony or a Class A, B or C crime within the past five (5) years? NO If yes, please describe the circumstances involved.

-2-

Public Hearing #1Item 2021-12-01

11. Does the applicant have a current liquor license from the State of Maine? yes If yes, please attach a copy.

12. To the best of the applicant's knowledge is the applicant's premises in violation of any town ordinances, code or regulations: Al 0 If yes, please explain.

13. Has the applicant paid all real and personal property taxes and sewer fees on the premises that the special amusement permit is applied for? y•e_f_S If no, please explain.

The applicant is required to supply any additional information that may be requested by the Town Council as part of this application.

PLEASE ATTACH THE FOLLOWING TO THIS APPLICATION:

1. A letter of approval from the building inspector to the effect that the premises are in compliance with all applicable ordinances, codes and regulations of the Town.

2. The non-refundable application fee.

3. Copy of current liquor license.

Applicant

0 I/ Date

Public Hearing held

Class License GRANTED/DENIED

• ••••,..7.''4'f •

( Grow with Us

Laurie Nordfors <[email protected]>

Junction Bowl Special Amusement

Christopher Sanborn <[email protected]> Thu, Dec 2, 2021 at 5:06 PM To: Laurie Nordfors <[email protected]> Cc: freeman abbott <[email protected]>, chuck Jarrett <[email protected]>, Kenny Fickett <[email protected]>, Sharon Laflamme <[email protected]>

P.D. is all set.

[Quoted text hidden] [Quoted text hidden]

eV;Z:WZ1

r f.J1 Grow with Us

NOTICE: Under Maine's Freedom of Access ("Right to Know') Law, documents - including emails - in the possession of public officials about Town business are considered public records. This means if anyone asks to see it, we are required to provide it. There are very few exceptions. We welcome citizen comments and want to hear from our constituents, but please keep in mind that what you write in an email is not private and will be made available to any interested party.

Christopher Sanborn Chief of Police Gorham Police Department 270 Main Street Gorham, Maine 04038

Telephone (207) 222-1660 FAX (207) 839-5045 [email protected] www.gorham-me.org

11 i ll

Grow with Us

NOTICE: Under Maine's Freedom of Access ("Right to Know') Law, documents - including emails - in the possession of public officials about Town business are considered public records. This means if anyone asks to see it, we are required to provide it. There are very few exceptions. We welcome citizen comments and want to hear from our constituents, but please keep in mind that what you write in an email is not private and will be made available to any interested party.

Laurie Nordfors <[email protected]>

GfOi'l With Us

Junction Bowl Special Amusement

Freeman Abbott <[email protected]> Thu, Dec 2, 2021 at 5:19 PM To: Christopher Sanborn <[email protected]> Cc: Kenny Fickett <[email protected]>, Laurie Nordfors <[email protected]>, Sharon Laflamme <[email protected]>, chuck Jarrett <[email protected]>

Code is all set [Quoted text hidden]

Freeman Abbott Town of Gorham Code Enforcement Officer Building Inspector LPI 75 South Street, Ste. 1 Gorham, ME 04038 (207)222-1605

[Quoted text hidden]

Street Acceptance & Recreational Easement Reports

Grove Street, Dogwood Lane, & Water Street Glenwater Village Subdivision,

Bramblewood, LLC. December 2, 2021

Request: The applicant, Bramblewood LLC., is requesting street acceptances of Grove Street, Dogwood Lane, and a portion of Water Street located on the subdivision lot. The applicant is also proposing to give the Town public recreational and access easements on subdivision lot 21 for trail use, parking access, and maintenance.

Street Classifications: Grove Street: Urban Access Road Length: 513 feet Dogwood Lane: Urban Access Road Length: 609 feet Water Street: Urban Access Road Length: 113 feet

Description: The Glenwater Village Development Transfer Subdivision, was approved by the Gorham Planning Board in 2018. The road networks provides access for 20 single-family lots and 1 condominium lot with 10 dwelling units. The road networks is interconnected with no dead end sections. All the lots and dwelling units within the subdivision have been built with occupancy permits being granted.

Utilities/ Mailbox Locations: The subdivision is served by public water and sewer, underground utilities, and a cluster mailbox.

Fire Protection: Each home was installed with a residential sprinkler system as required. One fire hydrant has also been installed in the development, the hydrant is located in the Grove Street right-of-way near the intersection with Dogwood Lane.

Inspections, Engineering Certification and Record Drawings: The Town contracted with Woodard & Curran engineering firm to conduct onsite inspections during the construction of the street. While Dustin Roma with DM Roma provided construction inspection services for the developer. The applicant's engineer has provided the required test results, documents and record drawings, which have been reviewed and found acceptable by the Director of Public Works.

Legal Documents: The offer of cession for the roadway, the proposed roadway deed, appropriate recreational, access, and drainage easements, and the required transfer tax form have been reviewed by legal counsel and are in order for acceptance.

Road Maintenance Guarantee: The developer has provided a one-year roads maintenance guarantee. The amount of the one-year, maintenance guarantee has been set at $5,000.00 by the Public Works Director.

Right-of-Way to Abutting Properties: The street acceptance does not include any right-of-way to abutting properties.

Recreational Easements: The recreational easements are consistent with other recreational easements the Town has received in the past which includes the allowed use of snowmobiles and electric bikes in the easement area. The easement also allows the use of a trail parking area at the intersection of Grove Street and Dogwood Lane. The parking area was constructed as part of the subdivision approval.

Item 2021-12-02 through 04

PLANNING DEPARTMENT STREET ACCEPTANCE CHECKLIST

(To be completed by the Director of Community Development)

Street Name: Grove Street, Dogwood Lane, & Water Street

Subdivision/Project Name Glenwater Village Subdivision

OWNER/Developer Bramblewood, LLC.

Street Classification Urban Access Street Length 513', 609', &113' Total = 1,235'

Type of Approval: Z Final ❑ Acceptance Prior to Final Paving

Verification of occupancy permits for 50% of the housing units in the subdivision, if there are more than 20 lots in the subdivision or 50% of the approved construction phase.

Total number of lots 21

Number of occupancy permits issued 30, 100%

Number of lots in phase

Number of occupancy permits issued %.

Please mark each of the following items Yes, No or NA (Not applicable)

1.

2.

3.

4.

5.

Y

Y

Y

Y

Y

Letter of Cession.

Road Deed ( NA includes center of turning circle). -- Signed and Notarized

Real Estate Transfer Tax Form. --

Easement deeds for road drainage. Signed and Notarized

Other documents Recreational and Access Easement Deeds

6. Y Reviewed by Town Attorney and approved on November 30, 2021.

7. NA Fire pond/dry hydrant installations reviewed & approved by Fire Chief.

8. Y PWD: Water/Final Inspection Report received.

9. Y PWD: Sewer/Final Inspection Report received.

10. Y Color As-Built drawings delivered to: Z Engineer Z Public Works N Planner.

11. Y Maintenance Guarantee Acct.: Amount $5,000.00 Type Cash Date October 29, 2021.

12. N Road Improvement Acct.: Amount Date Established

13. Y Legal Documents & Plan ROW provided to Town Clerk. Date To be provided after TC Meeting on the item.

14. Y Public Works Director's Final Report.

Note any incomplete items or compliance issues: New Standards regarding Street Acceptance Standards and Invasive Species.. The project does partial comply with the new standards regarding street acceptance in particular the road does not serve a minimum of 25 lots but does serve over 30 single-family dwelling units. The streets do provide 2 points of connection to other interconnected streets (Water Street & Glenwood Avenue). Currently both Water Street and Glenwood are dead end roads, street acceptance of the new roads would make this area an interconnected street network with 2 points of connection. The project also provides access to Town owned recreational land as well as land with proposed public recreational easements for trail use and trail head parking. The project was approved prior to the adoption of the new standards.

Page 1 of 2

PUBLIC WORKS DEPARTMENT STREET ACCEPTANCE CHECKLIST

(To be completed by Director of Public Works)

Street Name:

Subdivision/Project Name

OWNER/Developer Vole.009,A9Zi r t,,serai)

Final Inspection by

-56662)/. i.ShAi

Date /JD 2--/


1. ,A, A Road Deed and Easement Deeds reviewed by the Public Works Director.

2. tifhirs ment Deeds reviewed by the Public Works Director.

3. oadway and shoulders constructed per plans.

4. rai age installed per plans.

5. rbing installed per plans.

6. ewalks installed per plans.

7. adway monumentation installed per plans. (I)

8. tch basins cleaned.

9. Detention ponds constructed per plans.

10. /y0 Fire ponds constructed per plans.

11. /OFF e ponds inspected, tested and approved by the Gorham Fire Department.

12. Hydrants inspected, tested and approved by the Gorham Fire Department.

13. ✓ . of new hydrants /jo

15. ✓ Paved driveway aprons.

16. ,./M ilbox locations per plans. .....,..,,,a

17. ✓ St 1 trees and landscaping completed per plans.

18. treet signs and traffic control signs installed per plans.

ze

19. Laming and seeding completed per plans.

20. yermanent erosion control installed per plans.

21. i" Water mains inspected and approv d by Portland Water District. inal inspection report received.

22. Sewer mains and pump stations i ected and approved by Portland Water District. inal inspection report received.

23. _✓ F clean up completed.

24. Core Sample(s) measured and meet the Town's minimum standards.

Note any incomplete items or compliance issues:

TratD rveAlA/r— c Al l#40.1

sfi.tieft Ze-0"/ Zas Ltif,e6 17f -RA?

2019 Revised Street Acceptance App 3 of 5

PUBLIC WORKS DEPARTMENT STREET ACCEPTANCE CHECKLIST (To be completed by Director of Public Works)

Street Name: 142.176e?

Subdivision/Project Name 6 //LAI. OWNER/Developer

Final Inspection by ,vvr, Date /6 --245 2.0 2-/


1. ird Road Deed and Easement Deeds reviewed by the Public Works Director.

2..4eA Easement Deeds reviewed by the Public Works Director.

3. I/Roadway and shoulders constructed per plans.

4. I rainage installed per plans.

5. urbing installed per plans.

/6. idewalks installed per plans.

7. Roadway monumentation installed per plans.

8. AI Catch basins cleaned.

9. iii Detention ponds constructed per plans.

10. Fire ponds constructed per plans.

A11. he Fire ponds inspected, tested and approved by the Gorham Fire Department.

12./ii Hydrants inspected, tested and approved by the Gorham Fire Department.

13.4 No. of new hydrants

15. ,v Paved driveway aprons.

7h16. /71. Mailbox locations per plans.

17.41ft treet trees and landscaping completed per plans.

18. treet signs and traffic control signs installed per plans.

19. roaming and seeding completed per plans.

20. Permanent erosion control installed per plans.

21. Water mains inspected and approved by Portland Water District.

/ Final inspection report received. 1:1

22. /1/4 Sewer mains and pump stations inspected and approved by Portland Water District. final inspection report received. D

23. Final clean up completed.

24. /Core Sample(s) measured and meet the Town's minimum standards.

Note any incomplete items or compliance issues:

2019 Revised Street Acceptance App 3 of 5

BRAMBLEWOOD LLC 97A Exchange Street, Suite 304

Portland, Maine 04101

September 3, 2020

Ephrem Paraschak, Town Manager Town of Gorham 75 South Street, Suite 1 Gorham, Maine 04038

RE: Offer of Cession for Grove Street, Dogwood Lane, and Water Street, Glenwater Village Subdivision/Tax Map 99, Lot 61 and Tax Map 101, Lot 21

Dear Mr. Paraschak:

On behalf of Bramblewood LLC, we are pleased to offer this written offer of cession and deeds for Grove Street, Dogwood Lane, and Water Street and all associated utility easements and rights of way as show on the Glenwater Village Subdivision Plan titled "Second Amended Subdivision Plan — Phase 2, Glenwater Village Subdivision, Gorham, Maine, prepared by DM Roma for Bramblewood, LLC", dated August 6, 2018 and recorded in the Cumberland County Registry of Deeds in Plan Book 218, Page 347 (the "Plan").

This offer is made without demand for compensation. Bramblewood LLC has constructed the roadways to Town standards in accordance with the approved plans and under the supervisions of the Town's inspectors.

If you require any additional information regarding our request, please contact me. Thank you for your cooperation in this matter.

Respectfully submitted,

Bramblewood LLC

4 7/1-ceel-bz,a-ci

Gregory T. McCormack Its: Member

WARRANTY DEED Maine Statutory Short Form

KNOW ALL PERSONS BY THESE PRESENTS, THAT BRAMBLEWOOD LLC, a Maine limited liability company having a place of business in Portland, County of Cumberland and State of Maine, for consideration paid, does hereby GRANT unto the TOWN OF GORHAM, a municipality and body corporate, whose mailing address is 75 South Street, Gorham, Maine 04038, with WARRANTY COVENANTS, the following described interests in real estate in Gorham, Cumberland County, Maine more particularly described on Exhibit A attached hereto and made a part hereof.

WITNESS my hand and seal this q. --a day of d_civin,‘,2(2020.

WITNESS: BRAMBLEWOOD LLC

By: i; Gregory T. McCormack Its: Member

STATE OF MAINE COUNTY OF CUMBERLAND \Joonlkoevq, 2020

Personally appeared the above named Gregory T. McCormack, Member of Bramblewood LLC, and acknowledged the foregoing instrument to be his free act and deed in his said capacity and the free act and deed of Bramblewood LLC.

Before me,

niS iAla AAttorneyc at Law/Notary Public Printed Name: LIA I ei 1-)IAX IOW My Commission 8xpires: 0(Q A Va0a 5

LYNSIE DURICKO Notary Public, Maine

My Commission Expires June 21, 2025

(P1819879.1)

EXHIBIT A

Water Street, Dogwood Lane, and Grove Street

Those certain strips or parcels of land located in the Town of Gorham, County of Cumberland and State of Maine, and shown as Water Street, Dogwood Lane, and Grove Street on the approved subdivision plan entitled "Second Amended Subdivision Plan — Phase 2, Glenwater Village Subdivision, Gorham, Maine, prepared by DM Roma for Bramblewood, LLC", dated August 6, 2018 and recorded in the Cumberland County Registry of Deeds in Plan Book 218, Page 347 (the "Plan").

Stormwater Drainage Easement — Lot 21

Also conveying to the Town of Gorham, its successors and assigns, a non-exclusive perpetual stormwater drainage easement to drain stormwater to the "Stormwater Easement" located on Lot 21 as depicted on the Plan. This stormwater drainage easement being for the proper drainage of a portion of Water Street, Dogwood Lane, and Grove Street. The stormwater drainage easement rights described herein and created herein shall include the right, but not the obligation, to maintain the stormwater pond located on Lot 21 if the stormwater pond is not maintained properly, and the ability to assess fees to the landowners for reimbursement of the costs associated with said maintenance.

Utility Easement

TOGETHER WITH the benefit of a twenty (20) foot wide utility easement located between Lots 6, 7 and 9 as depicted on the Plan as "20' Utility Easement", for the purposes of the location, maintenance and repair of a sewer pipe. The utility easement rights described and created herein shall include the right of access. In the event it is necessary to construct, install, maintain, service, or repair said sewer pipe, the Grantee herein or other party performing the work shall return the surface of the real property to substantially its state prior to said work being done.

(PI819879.1)

CORRECTIVE EASEMENT DEED

[Corrects Easement Deed Recorded in Book 34023, Page 188]

KNOW ALL BY THESE PRESENTS, That Bramblewood, LLC, a Maine limited liability company with offices at 97A Exchange St., Portland, Maine 04101 (`Grantor"), for consideration paid, the receipt and sufficiency of which is hereby acknowledged, grants to the Town of Gorham, a municipal body politic and corporate with offices at 75 South St., Gorham, ME 04038 its successors and assigns ("Grantee"), a perpetual non-exclusive easement in common with the Grantor, its successors and assigns, depicted as 50' access easement to open space and future development" running through Lot 21 on a plan of land entitled "Subdivision Plan Phase I, Glenwater Village Subdivision, Gorham, Maine", prepared for Bramblewood, LLC, dated August 8, 2016 sheet 3 of 16, prepared by DM Roma, Consulting Engineers, and recorded in the Cumberland County Registry of Deeds in Plan Book 216, Page 352 (the "Plan").

The purpose of this easement is to pass and re-pass over by foot and with any type of vehicles to and from Dogwood Lane and Grove Street to the "Open Space to be conveyed to the Town of Gorham 135,864 SF 3.1 Acres +", Trail for Public Use and Stormwater Easement, as depicted on the Plan, and includes the right to park in the parking spaces in the easement area and the right to improve the parking spaces and access to the parking spaces within the easement area.

This Corrective Easement Deed corrects the Easement Deed recorded at Book 34023, Page 188 to include the right to park in the parking spaces in the easement area and the right to improve the parking spaces and access to the parking spaces within the easement area.

Grantee shall have the right, but not the obligation to maintain, improve and repair the easement area.

IN WITNESS WHEREOF, Bramblewood, LLC has caused this instrument to be executed by Gregory T. McCormack, its Managing Member, thereunto duly authorized, this 11-01 &I/AA-

day of-Febfilaw, 2021. i\k:ve bk.(

Bramblewood, LLC

/N--..„ By: Witness Name: Gregory T. McCormack

Its Managing Member

j9Wikil&J

(P1206750.1}

STATE of MAINE IAA kutrobc,--COUNTY of CUMBERLAND, SS. February , 2021

Then personally appeared the above —named Gregory T. McCormack, in his capacity as Managing Member of Bramblewood, LLC and acknowledged the foregoing instrument in his capacity as managing member to be his free act and deed and that of the company.

Before me,

-\(1 Notary Public/A

• ey at Law

Printed name My commission expires:

PAULA B NYSTROM Notary Public, State of Maine

My Commission Expires Oct. 07, 2025

(P1206750.11

PUBLIC ACCESS EASEMENT

BRAMBLEWOOD, LLC, a Maine limited liability company formed under the laws of the State of Maine with offices at 97A Exchange St., Portland, Maine 04101 (hereinafter referred to as the "Grantor"), its successors and assigns, hereby GRANTS, with Quitclaim Covenant, as a gift, to the TOWN OF GORHAM, a municipality organized and existing under the laws of the State of Maine, with a mailing address of 75 South Street, Gorham, Maine 04038 (hereinafter referred to as the "Holder"), its successors and assigns, in perpetuity, a PUBLIC ACCESS EASEMENT on and over a certain lot or parcel of land depicted as "Public Access Easement Area" (the "Easement Area") located on Lot 21 on a plan of land entitled "Second Amended Subdivision Plan - Phase 2, Glenwater Village Subdivision, Gorham, Maine", prepared for Bramblewood, LLC, dated August 6, 2018 sheet 4 of 16, prepared by DM Roma, Consulting Engineers, and recorded in the Cumberland County Registry of Deeds in Plan Book 218, Page 347 (the "Plan").

1. RECREATIONAL PURPOSE

This Public Access Easement is made exclusively in order to provide outdoor recreational opportunities for the residents of and visitors to the Town of Gorham (the "Recreational Purpose"). The Easement Area shall be used solely for passive recreational uses, including hiking, cross-country skiing, snowshoeing, nature observation and other passive recreational uses. Bicycles and other non-motorized recreational transportation equipment, such as roller blades, are permitted; however, use of motorized or mechanized vehicles of any kind on the Easement Area is prohibited except for the following:

a. Snowmobiles. b. Electric bikes, trikes, scooters and like and similar recreational or handicapped

vehicles that meet the Town of Gorham's standards for e-recreational vehicles. c. Those motorized or mechanized vehicles that are reasonably necessary in connection with the construction and maintenance of the trails or for use by emergency vehicles in an emergency.

2. STRUCTURES, SURFACE ALTERATIONS, VEGETATION MANAGEMENT

A. On the date of this Public Access Easement, there are no structures or man-made objects on the Easement Area. Grantor shall not establish or maintain any structures or man-made objects on the Easement Area without the prior written consent of Holder.

B. The restrictions of this Paragraph 2 shall not prevent Holder from exercising its rights under Paragraph 3 to establish and maintain trails, as well as any boardwalks, bridges, and similar improvements which may be necessary or desirable in order to carry out the Recreational Purpose, all as determined in the reasonable discretion of Holder.

- Page 2 -

3. HOLDER'S RIGHTS

A. Holder, its successors and assigns, and its authorized representatives, are hereby granted the right to enter the Easement Area at any reasonable time and in any reasonable manner that is consistent with the purposes hereof, including the right to enter over any rights-of-way pertaining to the Easement Area, to exercise its rights under this Public Access Easement.

B. Holder is granted the exclusive right, but not the obligation, to establish, and maintain paved or unpaved trails on the Easement Area. Holder is further granted the exclusive right to construct, install, and maintain without limitation: boardwalks, footbridges, and other low-impact outdoor recreational improvements on the Easement Area; such as steps; railings; paved or unpaved ramps; bollards; rip rap; benches; cairns; small unlighted signs, and minor erosion control structures. Holder's construction and maintenance rights may be delegated or assigned to another entity.

C. Holder is granted the right to selectively cut, prune and remove trees, leaners and blowdowns on the Easement Area for safety purposes, and the exclusive right to alter vegetation on the Easement Area for scenic and trail work purposes.

D. Holder is granted the right to assign this Public Access Easement, but only to an entity that as a condition of transfer agrees to uphold the Recreational Purpose of this grant, and satisfies the requirements of Section 1581(1) of Title 33 of the Maine Revised Statutes Annotated, as amended (or successor provisions thereof).

F. Holder is hereby granted the right to enforce this Public Access Easement by proceedings at law and in equity, including the right to require the restoration of the Easement Area to a condition in compliance herewith. If a Court (or other decision maker chosen by mutual consent of the parties) determines that this Public Access Easement has been breached by a party hereto or his/her/its assigns, agents, employees, contractors, invitees, licensees, permittees, tenants, guests, or lessees, which breach continues after first giving thirty (30) days' written notice of default by certified mail, return receipt requested to the breaching party, then the breaching party will reimburse the non-breaching party for any reasonable costs of enforcement, including court costs, reasonable attorney's fees, and any other payments ordered by such Court or decision maker. Grantor is not responsible for injury to or change in the Easement Area originating from outside of the Easement Area or Grantor's abutting reserved land, except for injury or change attributable to Grantor's actions, or from natural causes, such as, but not limited to, fire, flood, storm, earth movement, natural evolution of plant and animal communities, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Area resulting from such causes.

4. PUBLIC USE

Holder has the right to permit, and the Grantor agrees to refrain from taking any action to prohibit or discourage or to exact a fee for, pedestrian access for outdoor recreational use by the

- Page 2 -

general public on the Easement Area, including, without limitation, walking, picnicking, nature observation, bicycling, fishing, snowshoeing and cross country skiing.

Holder has the right to require that public use is conducted in a manner that does not unreasonably disturb plants, wildlife, or other lawful users of the Easement Area, or neighboring residents. Holder has the right to temporarily limit, restrict or prohibit public use of all or any part of the Easement Area and to close and reroute trails to assure safety or for maintenance purposes; provided, however, this right does not grant Holder any rights to use other land of Grantor's depicted on the Plan other than the Easement Area. Nothing herein should be construed to prohibit Grantor from using the Easement Area in common with public recreational users, as a member of the general public, and in accordance with the rules and regulations for general public use, provided that such use shall not unreasonably interfere with the public uses contemplated hereunder.

5. INDEMNIFICATION

To the fullest extent permitted by law, Holder shall indemnify, defend and hold harmless the Grantor against all claims, losses, costs, expenses, damages, and liabilities arising out of the Holder's maintenance of and the Town's and the public's use of the Easement Area, provided that such claim, damage, loss or expense is caused by the negligence or willful misconduct of the Holder, or its agents, employees or contractors. Notwithstanding the provisions contained in this paragraph, nothing in this instrument shall be construed as a waiver of any defenses, limitations of liability or immunities that may otherwise be available to the Holder, its officers, agents and employees under the provisions of the Maine Tort Claims Act (14 M.R.S.A. §§ 8101-8118). In addition, Holder shall have no obligation to indemnify Grantor for any damages or claims resulting from any act or omission for which Grantee is immune under any State of Federal law, including but not limited to the Maine Tort Claims Act.

6. GENERAL PROVISIONS

A. This Public Access Easement may be amended by written agreement of the Holder and Grantor, provided that Holder determines in its sole and exclusive judgment that the amendment furthers or is not inconsistent with the Recreational Purpose of this Easement, as stated hereinabove.

B. In order to establish the present condition of the Easement Area and its natural and scenic resources so as to be able to monitor future uses of the Easement Area and assure compliance with the terms hereof, Holder and Grantor may prepare an inventory of the Easement Area's relevant features and conditions (the "Baseline Data"), and if such Baseline Data is prepared, Holder and Grantor shall each maintain, at their offices, a true copy.

C. This Public Access Easement is created pursuant to the Maine Trail Easement Act at Title 33, M.R.S.A. Sections 1581 through 1585, as amended. This Public Access Easement is

- Page 2 -

not intended to be construed as a conservation easement pursuant to Title 33 M.R.S.A. Section 476 et seq.

D. The interpretation and performance of this Public Access Easement shall be governed by the laws of the State of Maine. Any general rule of construction to the contrary notwithstanding, this Public Access Easement shall be liberally construed in favor of the grant to effect the Recreational Purpose of this Public Access Easement. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the Recreational Purpose of this Public Access Easement shall govern.

[SIGNATURE PAGES TO FOLLOW]

- Page 2 -

IN WITNESS WHEREOF, Grantor, has caused these presents to be signed and sealed on this LT day of I vem b_e r , 2021.

Signed Sealed and Delivered In the Presence of

BRAMBLEWOOD, LLC

By: /Witness Name: Gregory T. McCormack

Its: Managing Member

STATE OF MAINE COUNTY OF CUMBERLAND, SS. Ntv , 2021

Then personally appeared the above named Gregory T. McCormack, in his capacity as Managing Member of Bramblewood, LLC and acknowledged the foregoing instrument in his capacity as managing member to be his free act and deed and that of the company.

Before me, \--PCLA,L1L Notary Public/Att rn

P0.. ;. _; Ai • E;Litla,ra Please type uipiii4. ante ly My commission expires:

PAULA B NYSTROM Notary Public, State of Maine

My Commission Expires Oct. 07, 2025

- Page 2 -

HOLDER ACCEPTANCE.

The above and foregoing Public Access Easement was authorized to be accepted by the Town of Gorham, Holder as aforesaid, and the said Holder does hereby accept the foregoing Public Access Easement, by and through , its hereunto duly authorized, this day of , 2021.

TOWN OF GORHAM

araschak Its Town Manager

STATE OF MAINE COUNTY OF CUMBERLAND, SS. I I -Z2 , 2021

Personally appeared before me the above-named Ephrem Paraschak, Town Manager of the Town of Gorham, and acknowledged the foregoing to be his/her free act and deed in his said capacity and the free act and deed of said Town of Gorham.

Before me, Notary Public/Attorney

Laurie K. Nordfors Notary Public

Please type otAtwiteltspv iyitgaty

My "ON'ilS eafirrhires 12-23-2023

CONDITIONS OF APPROVAL: 1. MARNA APPROVAL IS DEPENDENT WM, AND UMITED70.011 PROPOS.. MO PLANS CONIC/. IN DOS AP91.10101ANII

SuPPOITIING 000.9.10.113 SUMAITTED AND AFFIRMED BY DIE APPLICANTS MO TUT ANY VARIATION MOM PC MAN, PROPOSALS ANO

SUPPORTING WOMEN'S IS SUBJECT TO REVIEW AK/APPRO. BY THE P0104.° BOARD, CREPT FOR MINOR RAKES WIOCN THE

TOWN PLANNER MAY ARROW:

2. TUT IIIE APPUCANT9N41.1.P110M03 PROPERTY ONE INFORARAIION ANTI SIR INFORMATION IN AUTOLAD FORMAT TO 1111 ',OWN

PuNNEIN

3. OUT THE GLENwATER IMAGE SUBDIVISION NOMEOWNERS' ASSOCIATION A RESPONSIBLE FOR n.INIETIANCE AND COMPIJANU OF

TIC 310PAIWATER INFEATIRUCTURE MEET. Tht 1101.11EMEN13 Of THE TOWN OF 0011111/49 ST061.110TER ORDNANCE. WARTA 3

POSTRASTRUCTION STORAWARE 14APIAGOVENT,

4. THAT ALL REM.. PREVIOUS CONDITIONS OF APPROVAL 10-Eluomo IN PREVIOUS APPROVALS 9 MU REMAIN IN RUC,

5. THAT INF P.ANNING IMAREICNAIRMAN ISAu00/41330 BY DIE PUNNING BOARD IV SiGN TIE FINON40 OF FACT ON BEHALF OF 1111

ENTIRE BOARD,

6. THAT ONCZTNE SW0VOION DAS BEEN MORRO AT THE R/91911LAND MONTY REGISTRY OF DEEM A DATED MME COPY OP OW

RECORDED SUBDIVISION PANS SNAIL 66 RETURNED TO THE TOWN PLANNER PRIOR TO A 'RECONSTRUCTION MEETING BEING NEED.

Stele d Maine. Cumberland SS.

Renleay of Deeds

Receirad 6.929314 I

-L-1.14S- rn M and nocadd 63

Plen e.t, ILL-- me. 141 `-h 14992.1:

APARTMENT UNIT MBLIt AND ADDRESS

UNITE MAP MOCIE LOT STREET NUM6101 STREET NAME

1 99 61 1101 39 COTTAGE COURT

99 61 1102 37 COTTAGE ODURT

99 61 2103 35 COTTAGE COURT

4 99 DI 2104 33 °DRAGE COUNT

1/9 91 1105 30 COTT/10E1MM

6 61 3106 27 GOTTA. ODURT

61 2107 25 CORAGROURT

II 39 61 MR 13 COTTAGE COURT

9 99 61 2109 21 MIRAGE COME

10 99 61 2. 10 RITIAGE COURT

11 M 61 1111 17 COTTAGE COURT



14 99 61 2114 11 COTTAGE OMIT


15 99 61 21/6 7 COITAGE COURT

17 99 • 61 2117 S COTTAGE COURT

111 99 El 2115 3 COTTAGE COURT

IATEN43, 1,04.LONG: W103.610.

1,310,110 3,079,986.24'

N/F- .

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COMPLEX

IPF

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- -

1 66

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LOT 21

PUBLIC ACCESS EASEMENT AREA •

415 N2040'56'4

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/ , 4, / LOT 11 d 4 5/ ,

/ 7 "/ LOT 9 /

4.4 ., / PAUL & TAMI ' 1 EU*BETH BERMS I i ; 11.925 S.F. /47,? . ,, , , 10,877 S.F. A-•

•/‹. /rte` ' REYNOLD

1511 S ' 'i 1 29,58 /.145 ' I v ,y

y / iomalsa.F. ti.:: g. 4./61 444/ 5/8'' 91F /5/6 i 9IF ' ra. -1.

m LOT,6

LOT.Ts. 12,916$9,

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99

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OGGW0001.292

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310.226.45.1: 3.111,097.23'

• • 15. CIAK 01164 BARBEE/ WRE NET; AS CORNER

GENERAL NOTES: I. THE OWNER OP AMMO OP Tlif PRE/PERRIS BRAMENEWOOD, LLC BY DEEDS RECOR0.11 016411.010 COUNTY REGISTRY 01 OROS 11001 33353 PACE 1 AND 600013353 PAGE).

2. TOTAL AREA OF TX/PARER !SAWN...MN 791,/93 S.F. OR 16.93 6.06.

3. PRICE. TAY 1.44P REFERENCE: TOWN Of 601.51 ASSESSORS MAP 59,101.61 AND 64AP 101, 101'21.

R. Puri DUMMER:

Al II CIUNEMAT SCAM PUN, LINO OF OM. DANNATORD OVA 13500149030' FOR OGG 91(.1-0990017111.619111112091.90012015.

BrSURCONSION PUN. PHASE 1 OF GLOGYAIER VulAGE 31.1901.0N. FOI B 1 81013 PREPARED BY DM ROMA CONSULTING ENCODER MENDED IN TOE C1941111,41412

COUNTY REGISTRY oF MEMO PUN BORE 216 PAGE 352.

CrSUBONISION MAN • NKR 2 OF GLENwATERVIELACESUEDDISION. FORMANIRIEWOOD. ILC PREP../ BY 01.41101. CONSULTING F1461141ERS RECORDED 'NINE CUMILEMAND COUNTY 96037011 OF UEEDSIN N.,414 1100 216 PAGE 353.

DrAMENDEO SW00951014 PUN -PHASE 20F GUNWATER VILLAGE SUBDIVISION' FOB BRAIAIRW0300.1.1C By OM 01.01A1091SULTIMS ENGINEERS RUNIC. 91114E CIDANNAPIE1 COUNTY REGISTRY OF DEEDS IN RANSOM 217 PAGE S17

5 NORDONTAL DATUM. MAINE STATE PLANE, WEST ME. N01943, 1.13 FEET.

6 MIK. DRUM, NORD, MORICAN VERTICAL DATUM OF 196.11INAVOYI

7 THE PROPERTY LS LOCATED IN THE URBAN RESIDENTIAL DISTRICT, DEVELOPMENT TRANSFER MERIAT DISINCT AND 1/1119f LAND ORRICE DISTRICT.

VAR OA OUR REWIRE/A.1S U11 DRIRIRE 010 DISIEICT

UR DISTRICT DM OISTRICT

15,0005E ASO. 1.4.0004 MOO57

MOMS; AMON

miN1.015172 SINGLE FAIRLY: 111OFAPAILY. 411.411-0401.17APARTMENT:

MIN NET ACREAGE P30 MERINO MIN STREET FROBRAD,

UNCLE AN., DMOFAPAILY: 14111.11-FAMRY/APAATMEN,

FON FRONT TARO. OR NMI T190 FAMIL, 941.11.11-PAIAILY/APAIITNIENT.

M. HMO YARD, P.491 SIORREAR TARO.

S1N4.1 FRAM. 1110EAP.01., MULTI-FAmILT/APARTIAENT

MAR RAMC COVERAGE:

MET

15 FT

/SR

100 PT 12.9

13 FT 0E1

RFT

IOM

Y. Ad.LOWABLE DEVELOPMENT UNDER NE OEV.19400TEANSFER MERU, OSINCI-.

7:F11:2:11:F.:a1i ifil i E.16/1367

i1L,11. .FAMILY LOT)• SOME S.F.

13067 / 15p00 6F. 124 LOTS PROROSED SINGLE 111.11101.11 ton • la uns 0 BONUS UNITS REQUIRED

MULTI FAIRY N04.161 7800651.1 65K.192,4490. 1112,11495.F./10.0606F..11121 UNITS PROPOSED ULTI-FAMILT UNITS 111 LINOS O 9044.151.10115 REQUIRED

AMENDMENT NOTE: 111515.01046NOSINS 1.0400510 MC01080 PLAN KrEADICE 40.

2 TIM KAN APA01111 THE PREVIOUSLY APPROvE0 COTTAGE COURT MULTIFAMILY UYOUT 6121 111 INCLUDING A0011004 MIMIC 8PACE5010 mttoa ADRATANN0550 Ram Lwow

3, THIS PLAY AMENDS 1111 DIMENSIONS OF NE PREVIOUSLY RIMMED .10

CENTERLINE CURVE TABLE curn/E4 LENGTH RADFUS CHORD DIRECTION CHORD LENGTH

C1 152.27' 15000' 1161716.41"E 145.112'

C2 101.03 160.00' 01005177.64T 99.13'

o 14.74. 151100 361, 11139AVW 93.32.

CA 191.31. 170110 WV ID IL)), 279.01'

CENTERLINE TABLE UNE /1 LENGTH DIRECTION

LI 115.80 N22.4057- 9,

U 70.00' 113.12.3014

U 6500' 03.12'351Y

PROPERTY LINE TABLE LINE 11 LEWIN DIRECTION

14 50.00' /16154711T

LI 2.30' N1160.751

L7 0.41' 51.2. 441TE

11 41.67' 544. 11'48. E

EXISTING PROPOSED

EASEMENT LINE

EDGE OF GRAVEL

EDGE OF PAVEMENT/CURB

EDGE OF WERANDS

CENTERLINE Of STREAM

PROPERTY LINE

- TIE LINE

CONTOUR LINE

- '4

A.C.113.0.

0 IPF/IRF

0 CIRF

UTILITY POLE & GUY WIRE

BUILDING

STORM DRAIN

SEWER PIPE - SAN

FORCE MAIN

FOUNDATION DRAIN

WATER MAIN W -

GAS MAIN

IRON PIN •

GRANITE MONUMENT ■

ABOVE GROUND/BELOW GROUND

IRON PIPE/IRON ROD FOUND

CAPPED IRON ROD FOUND

30. NEf Ar2U,G0 CALMAT,

TOTAI.PARCEL MICA 799.03 S.F. DEDUCTIONS: ROADS II PAINING 115%1 - 119819 1.9 DOURO IANO .0 S.F. ARIA IN 11001111AM .4.195 S.F. INCDANOS .170,079 SA (APPRO.) EXISTING EASMENTS • 0 S.F. SIR 0 RP. (INCLUDED WETUNDSI STEEP SLOPES-52225 5.F. GRAVEL PIT - 0 SS. POORIN ORAN.) SOILS. 19.3.13 S.F. IF NOT ON PUCK WATER • SEWER. NIA OTHER MRS .0 S.F. NET ACREAG1 432.764 IF,

11. TOT. ORM SPACE REOARED .796793 Si. A UM. 79979 T. OPEN SPAR PROVIDED .135.964 3.1.

12. USABLE OPEN SPACE REWIRED MET ACREAGE SR• 413.714 SF. 11.639 5, WARE OPEN SPACE PROVIDED. 72092 S.F.

13 FOAM. OPEN SPACE REWIRED= REQUIRED USABLE OPEN SPACE 3016• R.. SF 150%= 14120 S., FORMAL SPAR PROVIDED• 13.463 R. THIS 1AR WALL If ANNULI FOR PASSIVE 14101EATION BY TRIM OPT. EXISTING MO PROPOSED 1.111,40,1 PAT/IS IN THETPAR num.

14. VENIRE VONT DISTANCE AT TEIE INTERSECTION OVINE 1ROPOSEO GROVE STREET MID GLENWOOD AVENUE'S UNRESTRICTED TO TN MTERSECTION OF

w090 AVENUE APR WATER STIER NOVEL SIGN, DISTANCE TO TIE IOTA NOT APPULABLE.

15. THE PROPOSE. ROADS HAVE KEN DESIGNEDIO THE 1000 OF C.D.. UREAN ACE...STANDARDS. GROW SOU, 0060000 UNFAIR, COTTAGE COURT 511.41.111 PRIVATE Bays UNTIL sua TAR, 9 ERA,. PAC ACCEPRIBY 1x11024140 GORHAM. AU. MAINTENANCE 1110.1.0114 BUT NOTUB41-110 10 AM., MOD PEACNAL SIN0ING DAMMAGEFA01.11116 AND MALAN 36104123 31.11.1361141 R630011611.111 OPINE GLEN WATER VILLAGE 110/ALOWNERS ASSOCIAN011101111 SURITIMETTIATINEY NIE ARMED 011146109114 GORIER. All MANAGE 3.401701 NOT 10.110 IN TIE ROAM 11104T OF WAYS 611.1.111111E RESP01033,111 OF 311FERINWATERM11166 NOBIRENNERSA530041011.

15 TI.16 PORTLAND WATER 0/STRICT 3.41. NOT SE RFSAONSIBIE FOR THE LIAINTEMANCE. REPAIR OR SMEAR RAMC. FOR INF PRIVATE SEWER NF ASMOATED MOINE LINITROCA110 ON Lon A S. 16. 19. 20 MR DIE OUTAGE COURT PRORATE DRIVE TOT. INF DISTRZT LIAR EE RESPONMIE FaR MADITENANCE AND IMPAIR 0111E Doom. FORCE/ANN ONLY WHERE LOUTED SATIN 114E WADS OP GROVE STREET AND DOGAIRID LANE RPM AND MAJNITNANCE OF THE INDNIDUAL DAR 'MN 00411.1C110111 TOME FORCE 1.91 .1.1. DE TIE REMONSIBILM OP 114E PRopIRTY OW/NA

17 DIE DEVELOPMENT WILL CAUSE APPROXIMATE.' 9,400 SS Of WITIAND ImPACT.

13. THE DEvELOPMENT RENVEDSTOMAINATERMANAGEMINT Uw AND NAIL., RESOURCE PROTECTION AR APPROVAL FROM TIE PANNE 00/mem tx IFY110.1114301 P90111-0011 ON ANY 24, 7016 4500 0E0E1 L16960AN9/101 AND CATEGORY 2 MME GENERA11.661111APPRMAL FROM 'NEARER COMO, ENGINEERS MEGA ORM 041.2016.60934.

GLENWATER VILLAGE SUBDIVISION own.* sm. mop(

pAr51 NO, DESMPTION

15

ss

n& SHEET

RAO. 02140.101/5 PUN 6.100110APT SURAT (BY 1913.121

SURD NN PUN

ROADWAY PUN i PRON/E-GLEI.000 ME 6 GROVE STREET

11012191A1,2,9 • 99064.2 -1706W000 IAN2

90.400,41 PUN R PROAL1 - WATER ORM

5111 PLAN -COTTAGE COURT MUUDFAMILY

L1NDSCAPING AND SIGNACE PUN

LOTGILADING PUN

or-F-S111 SIOEVEREA PLAN

STOPAIWATER POND CONSTRURION P14.11

CoNSTRICTION 12R.5

0.1311010,011 RETAILS

CONSTRUCTENN 027.5

0.STRUCTION MAILS

PROPERTY LINE CURVE TABLE

CURVES LENGTH RADIUS CHORD DIRECTION CHORD LENGTH

CS 126.00' 125.00' S017'561Y 121.51'

CO 177.65' 175.00' strirnert 17012'

17 9.37' 175.00' 1133.50'48- E 9.37'

68 52.47' 125.00 923'21'17T

00 75.59- 175.00 N19.56'20'E 75.00'

CIO 32.91' 17500' /44.03'35'E 33.85'

011 31.72' 125.00 nrsaaat 31.0'

C12 79.00' 125.00' S6041'09'W 77.00'

C13 75.10. 17500 574, 1.1111. 90 7267'

114 37.39. 17900. 904'20 'W 3732.

C15 3175' IRBY 1153-141, 3172.

036 41.11' MAO • 6401.417.1 RR

07 75.34' 195.00. /111110134 7507

CM 25.11' 13500 1464. 5119-1 74.13

C19 75.6, 1SISM' 3.16,14P4ER 75.17

00 13.27 195.07' 52,3713. 1 1515'

C31 3091' 45.00 574.15117. 1 3016'

APPROVED: TOWN OF GORHAM PLANNING BOARD

DATE tc,cekv,

1°61̀11.1GORHAM ASSESSORS LOTS M99-L61 & M101-L21

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8-6-2018 DATE:

SHEET 4 OF 16

SB-2

Town of Gorham Community

Development

Thomas M. Poirier, Director of Community Development

[email protected]

Carol Eyerman, Town Planner

[email protected]

GORHAM MUNICIPAL CENTER, 75 South Street, Gorham, ME 04038Tel: 207-222-1620 / Fax: 207-839-4793

Page 1 of 1

TO: Eprhem Paraschak, Town Manager

FROM: Thomas M. Poirier, Director of Community Development

SUBJECT: Gorham Skate Park

DATE: DECEMBER 1, 2021

The Town of Gorham Request for Proposal for a design build on the Gorham Skate Park was posted

on September 8th with RFP submissions due October 4th. The Town received five (5) submittals for

the design build proposal. The submittals were reviewed and interviewed by a committee of 5

people: 3 Town Staff (Tom Poirier, Director of Community Development, Cindy Hazelton,

Recreation Director, and Zachary Lambert, Community Recreation & Events Manager) and 2

Community Members (Tom Dupuis, Project Community Lead and Liam Nickerson, Community and

Student Advocate). The committee selected Pillar Design Studios & Artisan Skateparks as the

winning design/ build team.

Pillar Design Studios, Town Staff, and Skate Park Advisory Community Members held an

information zoom night with the public on November 16, 2021 to start the design processes. The

meeting was well attended and gave Pillar Design Studios with enough information to put together 3

conceptual designs for an in person meeting on December 15th at the Gorham Municipal Center. The

meeting will be for the community to review the 3 designs and give input on which design is

preferred and make any final changes to the design. Once the conceptual design is finalized then

Pillar Design Studios will begin the process of putting together the construction plan set.

At the December 6th Planning Board meeting the Planning Board will have a preliminary review

discussion with the Chick Property Master Plan engineer Owens McCullough, P.E., Sebago

Technics. The meeting will be to discuss information the Planning Board would like to see as part of

the site plan amendment review.

Although, work is left to be completed on the design and approval phase it would be helpful to

facilitate the project moving from design phase to construction phase if the Town Council authorized

the Town Manager to move forward with Pillar Design Studios & Artisan Skateparks to construct

the skate park once the private matching funds have been secured by the Town.

Item 2021-1209

mailto:[email protected]

mailto:[email protected]

1

PROPOSED SCOPE OF WORK FOR SKATEPARK DESIGN SERVICES

Artisan Concrete Services, Inc., dba Artisan Skateparks, Inc. (Artisan) has prepared this scope of work to summarize our process and to aid in the clarification of project responsibilities. Accordingly Artisan is providing the Town of Gorham (Client) with this Scope of Work for the design of the Skatepark. Artisan will serve as the Action Sports Designer and Builder. Scope of Work includes:

• Professional Design Services for a Skatepark • Working within a $425,000 budget, final construction budget TBD with In-Kind

Donations • Construction Documentation, Technical Specification and Cost Estimate • Turnkey Construction Services

PHASE I - Skatepark Planning and Project Management

Objectives: • Define scope of work, budget, schedule and overall project coordination. • Review any existing studies, design concepts, existing data sources and any

other applicable work done to date in regards to this project. • Establish a working relationship with all team members. • Offer three design concepts similar in size and budget to assist during the

design process.

I.a – Project Management • The goals of this phase will be to perform an analysis of the identified site.

We will evaluate the skatepark location and condition, as well as identify and evaluate existing design issues, program elements, and create a design program for the overall phase that meets the intent of the project goals and objectives.

I.b - Define Scope, Budget and Collection of Materials • Artisan will provide the Client with a project design program to help compile

all necessary information pertinent to this project. This form will assist the design team with Skatepark Evaluation and Conceptual Design elements.

• The Client shall provide Artisan with a list of approved, required and/or prohibited construction products, materials, finishes and colors for this project.

• The Client shall provide Artisan with all available existing and proposed project information as it relates to the master plan improvements in CAD format, this shall include but not be limited to the following items: a. Property lines and project boundaries b. Survey benchmark and basis of bearing c. Easements

2

d. Topography e. Site improvements f. Utility locations g. Vegetation

• The Client shall provide Artisan with a geo-technical report containing the locations of all borings, an executive summary, detailed description of the findings and recommendations and a detailed report of the laboratory tests performed. Assisting the Town with determining appropriate timing for any needed site survey and geo-technical information, as well as assisting the Town to secure these services (if applicable) from an appropriate sub-consultant. The designer will be responsible for evaluating associated data and incorporating the data into the final site analysis and Skatepark design. The cost of the Geo-Technical Report is the responsibility of the Client.

• The Client shall provide Artisan with the proposed construction budget and any known in-kind or local costs for materials to be included in the estimate of probable construction costs.

• The Client shall provide Artisan with a list of all agencies required to review and approve the construction document package.

• The Client shall provide Artisan with any specific details, title blocks, specifications and/or document formatting requirements.

I.c – Project Kick Off Meeting (VIRTUAL) • The Kick Off Meeting is where all team members are able to set the tone for

the project, discuss goals, expectations, scheduling, budgeting. • Establish the project working relationship with all members of the project

design team. • Review applicable studies, concepts, existing date sources, and any other work

done to date in the interest of this project. • Artisan will provide the Client with a Flyer for promotional purposes no later

than two weeks prior to the set public input meeting.

I.d - Social Media • Artisan will use our Facebook page (if one has not already been created

specifically for this Skatepark project), to promote, facility and allow for open dialog during the Skatepark design phase. This page will be open to anyone with an Internet connection for public interaction during the design process.

• The Facebook page provides a discussion platform for users, Town officials and design team to discuss design ideas throughout the design process. It also delivers a place for concepts to be displayed and users to give their feedback in real time.

• We will create a unique hashtag (#) to your Skatepark project, that will be used through the life of the project, which increases outreach, provides easy search capabilities as well as enhanced notifications.

• Artisan will use our social media connections and channels, i.e. Facebook, Instagram, Twitter and YouTube to full promote and advocate for your Skatepark project. We will post preliminary concepts for feedback, flyers for upcoming meetings and events throughout the life of the project.

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PHASE II – Schematic Design and Preliminary Estimate OBJECTIVES:

• 2 Private design review meetings • 2 Public design review – input meeting • Three concept designs • Provide final master plan concept • Provide preliminary estimate of probable construction cost • Final Skatepark design graphics in 3D format • 3D fly through video of the final concept • In-Kind donation allocation

II.a – Private Design Review Meeting (IN PERSON) • Artisan and the Client will meet at the site, discussing limitations, exceptions

and advantages of the site prior to the public input/design meeting.

II.b - Public Input Meeting (IN PERSON) • This meeting will serve as an introduction of sorts, it gives the community

and users alike to meet our design team, ask questions about our experience and discuss their Skatepark project in-depth. The meeting will be structured to cover two main points.

• Design Team Intro and User Request a. Design team introduction; it gives the community and users alike to

meet our design team, ask questions about our experience and discuss their Skatepark project in-depth.

b. We will discuss the users’ needs/wants. c. Surveys will be distributed that will provide us with feedback needed

for our analysis.

• This section of the meeting is meant to cultivate and grow the user’s ideas, get them on paper and provide a starting point for our Design team.

a. The lead design and project manager will walk the skaters/user groups through the designs discussing the reasoning behind the flow, style, etc.

b. We employ an open format that allows attendees to engage directly with our design staff. Using visual aids, small group sketch sessions and video tools to engage the local users.

c. Social media links as well as hashtags will be given out to provide an outlet for further discussion regarding design intent.

• A typical design input workshop takes 2 to 3 hours.

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• Please note II.a and II.b will be conducted on the same on-site visit.

• Due to the current situation with COVID-19, we offer multiple options to engage and receive public input. Whether you prefer us to be on-site and/or use social media, online survey’s and virtual meetings we can ensure the public will be included throughout the design process.

II.c - Skate Park Conceptual Designs • Based on the information obtained from the kick off meeting, design review

meetings and social media. Artisan will prepare a maximum of three conceptual Skate park designs that illustrating the overall layout and fit within the proposed site and budget.

o Develop a maximum of three (3) conceptual Skatepark designs. o Incorporation of amenities o Preliminary cost estimates.

• The conceptual designs will be provided in both plan and 3 dimensional views.

II.d -Private Design Review Meeting (IN PERSON) • Artisan will discuss the conceptual designs with the Client, as well as provide

the online - social media feedback that has been received. • Once a direction has been established and agreed upon, Artisan will

incorporate the social media comments and begin to shape designs. • The conceptual designs will show the final Skatepark design and its

relationships to the existing sites in general detail. • Conceptual designs will be uploaded to social media channels to allow for

users and community members to provide feedback.

• Public Design Meeting: The second public design meeting will follow the same format as the first meeting only Artisan will present the skate park conceptual designs prepared specifically for this site. The meeting participants will also have opportunity ask any question and provide any input on the proposed skate park design.

II.e - Final Skate Park Plan • Artisan will prepare one final conceptual design based on the comments from

the Client Review Meetings and users’ input. • The conceptual design shall show the final Skate park design, proposed

master plan improvements and their relationships to the existing site in general detail. Please note at this time drawings are completed at a 30% level.

• Preliminary and Final Concepts will be provided in plan and 3d perspective views.

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II.f – Skate Park Fly-Through Video • Once the final design has been approved, Artisan will provided a 3D fly through

video of the overall Skatepark design and its surroundings.

II.g - Preliminary Estimate of Probable Construction Cost • Using general square footage prices (based on national average) not specific

to the proposed project location (unless the Client has provided information on in-kind and/or local unit prices), Artisan shall provide the Client with an estimate of probable construction cost for the proposed Skate park and master plan improvements.

II.h - In-Kind Donation Allocation • Artisan is the leading name when it comes to incorporating in-kind donations.

We will provide a detailed material list with specific quantities, labor, volunteers and donations that will aid in-kind donation solicitation.

• The Project Manager will also be available to speak with any potential donors and clarify needs in terms of quantities, labor, materials, etc.

PHASE III - Design Development

Objectives: • Upon Client approval of Skatepark design, Artisan shall prepare the design

development drawings. • Two internal staff/consultant meetings via phone conference. • Expand upon the master plan design providing detailed direction as to the

materials selection/location, Skatepark terrain layout/dimensions and site amenities.

• Refine the estimate of probable construction costs.

III.a - Skatepark Design Approval Meeting (VIRTUAL) • The Client and the design team will review the master plan to insure all

design criteria has been met and confirm any revisions prior to beginning the construction documents.

• Upon conclusion of the phone conference, the Client will provide Artisan with written notice to proceed.

III.b – Project Design Development Plans

• Various plans will be prepared to convey conceptual design intent and further refine quantities for cost estimation. A preliminary list of plans is described below. Plan information to be provided at 20 scale or greater and may be combined where possible, depending on graphic clarity.

o Existing Conditions o Demolition Plan o Layout and materials plans with enlargements as necessary o Signage plan

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o Concept site grading plan o Skatepark Layout o Details as necessary for all improvements included in scope of work

III.c - Cost Estimate

• A detailed unit cost estimate will be prepared to include all elements of proposed development, demolition or upgrade. Soft costs such as final design, permitting fees and construction costs will also be included in the cost estimate.

III.d - Client Staff Coordination Meetings (VIRTUAL) • It is assumed that two coordination meetings with Client staff will be held

during this phase. Additional communication and phone conferences will occur as needed to resolve specific design and technical requirements.

• Please note design plans are now at a 60% level.

PHASE IV - Construction Documents

Objectives: • Upon Client approval, Artisan shall finalize the construction documents in

technical detail, setting forth the requirements for construction of the proposed master plan improvements.

• 90% and 100% Drawings • 90% and 100% Cost Estimate • 90% and 100% Technical Specifications/Project Manual • Artisan will present the Client with 100% construction document package for

bidding and construction purposes.

IV.a - Skatepark Design Development Meeting (VIRTUAL) • The Client and the design team will discuss the review comments for the

60% construction document package and the actions needed to address the comments.


IV.b - 90% Construction Documents • Upon receipt of notice to proceed, Artisan will commence production of the

construction document package. • In general the construction document package includes the construction

drawings, written specifications, cost estimate and any required reports necessary to build the proposed master plan improvements.

IV.c - Construction Drawings • The construction drawings package typically includes the following sheets.

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• Note additional plans/details may be added as necessary to further clarify design intent. a. Cover Sheet: General project information and notes. b. Site Plan: An overall plan showing the proposed master plan

improvements plus any existing features requiring additional consideration.

c. Horizontal Control Plan: Reference points for all Skatepark features in standard Point/Northing/Easting format plus layout information for all plan view line-work.

d. Surface Grading & Drainage Plan: All necessary spot elevations, flow arrows, drain locations and swales needed to convey finish elevations and direction of flow within the Skatepark. Additionally, finish grade contours will be shown around the Skatepark depicting proposed grading need to tie the intended Skatepark into the existing grade.

e. Subsurface Drainage Plan: All necessary elevations, slopes, lengths, pumps, drains and outfall locations needed for the proposed drainage system.

f. Concrete Plan: Type, location, finish and color of all of the concrete. g. Coping Plan: Type, location, finish and color of all coping and metal

components. h. Jointing Plan: Type and location of all concrete joints. i. Cross Sections: Multiple dimensioned vertical sections cutting through all

terrain elements within the Skatepark. j. Details: Standard and custom construction detailing for all master plan

improvements.

IV.d - Statement of Probable Construction Cost • Artisan will provide a cost estimate for all master plan improvements as

detailed in the scope of work.

IV.e - 100% Construction Documents Meeting (VIRTUAL) • The Client and Artisan will discuss the review comments for the 90%

construction document package and the actions needed to address the comment.


IV.f - 100% Construction Documents • Upon receipt of notice to proceed, Artisan shall address the final review

comments and prepare the final construction document package. • The final package will be stamped by a licensed PE. • Upon completion of the final construction document package the following

shall be delivered to the Client, in electronic format:

1. Reproducible scans of the construction drawings in PDF format. 2. Written specifications in PDF format.

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3. Statement of probable construction costs in PDF format. 4. Comma-delimited text file (CSV) containing all reference points in

Point/Northing/Easting format. *The final construction budget will be determined at this time, once the price has been established an add service will be provided for turnkey construction services with a not to exceed budget. *

PHASE V. TURNKEY CONSTRUCTION SERVICE

Objectives: • To construct the Skatepark while maintaining high quality standards.

V.a - Pre-Construction Meeting (VIRTUAL)

• Artisan will meet with the Client and any other necessary team members to review and go over the design intent and construction specifications.

V.b - Construction a. Mobilization b. Site layout and necessary surveying, this will establish project limits and erosion control measures. c. Grading will begin, to the survey layout. d. Installation of all imbedded steel copings. e. Installation of all formworks. f. Installation of all shotcrete. g. Installation of all flatwork.

• The construction process will be managed daily and the schedule will be reviewed weekly by the Project Manager, ensuring the Town is apprised of all stages of construction.

V.c - Project Completion

• Artisan will provide the Client with written notice that all tasks within the scope of work have been completed and submit for final payment.

ARTISAN CONSTRUCTION RESPONSIBILITIES.

a. Cooperation: Artisan will cooperate with the Client during the life of the Project. Artisan will also take all reasonably necessary precautions to protect the Work of Client and other contractors from damage that may be caused by Artisan Work.

b. Payment of Employees, Subcontractors, and Suppliers. Artisan agrees to pay its employees, Subcontractors, and suppliers for all labor, services, and materials supplied in connection with the Project. Artisan will indemnify and hold Client harmless from any claims made by Artisan’s employees, subcontractors, and suppliers.

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c. Safety: Artisan will comply with all safety laws, regulations, and/or ordinances applicable to the Project that are set forth by any governmental agency with jurisdiction over the Project. Artisan will maintain a safe workplace at all times, will be solely responsible for the safety of its employees, Subcontractors and suppliers, and will immediately report any injuries or safety problems to Client.

d. Clean up: Artisan will maintain a clean work site and will keep the premises free from accumulated waste.

e. Warranty: Artisan Warranty states that all work will be completed with new materials (unless otherwise noted on the plans). All workmanship will be completed by professional tradesman trained in Skatepark construction, and all work shall be performed consistent with the standards of the profession(s) in which Artisan and its subcontractors and suppliers are engaged. Artisan warrants that all work will be free from defects and will provide a 1 (one) year warranty period from the date that the Client accepts the last portion of the work as complete, and Artisan shall perform such repairs in as expedient a manner as reasonably possible. Artisan further warrants that all services provided under the terms of the Agreement will be provided with due care, due diligence and in a workmanlike manner, that such services will be of high quality, complete and accurate, and that such services will be free from defects in workmanship and will comply with the terms of the Agreement. This warranty period does not cover items deemed as normal wear and tear.

Project Assumptions The following assumptions shall apply to the proposed scope of work and submitted fees:

• All written documents will be generated using Microsoft Word, Version 2016. • All spreadsheet documents will be generated using Microsoft Excel, 2016 • All CAD files will be generated with AutoCAD 2008. • Artisan has not retained a Surveyor, Geo-technical Engineer or Landscape

Architect. Final drawings will be stamped by a Professional Engineer. • The Client shall provide Division 1 Specifications, Bidding and Agreement

Forms/Bonds, Conditions of the Contract, and any other non-technical specification.

• Additional meetings, if required and approved, will be billed at our normal hourly rates.

• Additional plan sets, if required and approved, will be billed at our normal in-house, or out-of-house duplication rates.

Project Fees Fees for the Services detailed in the proposed scope of work are outlined below. The fees, though based on man hours per task, are presented as lump sum not to exceed amounts. However, these fees are negotiable and we reserve the right to re-negotiate should the scope of work change. Reimbursable expenses are included in the fee below.

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The fees listed below include preparation of plans one time only. Changes to the plans and/or design made by the Client and/or reviewing agencies, which could not reasonably be anticipated by Artisan Skateparks, Inc. will be completed upon Client approval on a time and materials basis. SKATEPARK DESIGN, PLANNING AND CONSTRUCTION SERVICES PHASE I Planning and Project Management $1,000 PHASE II Schematic Design $8,500 PHASE III Design Development $13,000 PHASE IV Construction Documents $2,500 PHASE V Turnkey Construction TBD

Contract Provisions 1. Artisan Skateparks, Inc. (“Artisan”) shall commence and complete the project

in accordance and compliance with all of the terms, conditions and requirements of this Agreement, including, but not limited to, the Scope of Work detailed above, which is incorporated herein, and Artisan shall provide all of the material, supplies, equipment, tools, labor and other goods and services that are necessary or reasonably required for or incidental to the completion of the Scope of Work in accordance and compliance with all of the terms, conditions and requirements of the Agreement. In providing services under this Agreement, Artisan warrants that it shall perform the Scope of Work in a safe, neat and workmanlike manner, exercising due care and diligence, and shall avoid causing damage, injury or undue disruption to the Client’s operations and personnel, and shall leave the work site in the condition it was in prior to the Scope of Work being performed.

2. The Scope of Work outlined above identifies five (5) distinct phases. Artisan shall commence Phase I of the Scope of Work as of the Effective Date of this Agreement. Prior to commencement of any subsequent phase of the Scope of Work, Artisan shall obtain written confirmation from the Client to proceed with that next phase of the Scope of Work. In the event that the Client elects not to proceed with the Scope of Work, it may terminate the Agreement as provided in Section 20 below.

3. The compensation due Artisan Skateparks, Inc. for the work to be performed hereunder shall be set forth in Project Fees above, and shall be due and payable upon determination by the Client that the work is complete. The parties understand and agree that all work not specifically delineated within the scope of work described herein shall be billed on a time and materials basis, and shall be in addition to any budget, bid, or maximum price agreement for the above described scope of work. Any changes, additions, or modifications to the scope of work shall be authorized by written change request by the Client; however, the absence of such a written change order shall not act as a bar to payment of fees due Artisan Skateparks, Inc. hereunder, provided the change was in fact approved and ordered by the Client. Client accepts that signing this form shall be construed as authorization by the Client for Artisan Skateparks, Inc. to proceed with the work in Phase I.

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4. All fees, commissions, product charges and expenses billed shall be due within thirty (30) days of the date of billing. Interest on unpaid or late bills shall accrue at 1 1/2 percent interest per month (18.0% A.P.R.). Client agrees that all statements not objected to in writing within five (5) days of receipt are agreed to be final and binding upon the parties as to the amounts due, the adequacy of Artisan Skateparks, Inc. performance and the value of the services provided to Client.

5. Any cost estimates provided by Artisan Skateparks, Inc. will be on a basis of experience and judgment, but since it has no control over market conditions or bidding procedures, Artisan Skateparks, Inc. cannot warrant that bids or ultimate construction costs will not vary from these cost estimates.

6. Should the project be published in a book, magazine, newspaper, or publication for public circulation, or if a job sign is erected, Artisan should be listed as the Skatepark Specialist (as applicable). In addition, this contract represents non-exclusive approval by the Client for publication of the project by Artisan.

7. The Client shall be permitted to retain physical copies of drawings and specifications for information and reference in connection with the Client's use and occupancy of the project. The Client shall be permitted to retain an electronic copies of drawings and specifications in the event the project must be completed by others as Artisan Skateparks is in default under this agreement. The drawings and specifications shall not be used by the Client on another project.

8. Notwithstanding any provision herein to the contrary which requires safekeeping of documents or obligates Artisan to safe keep or provide documents to Client, Artisan shall not be responsible or liable for any direct, actual or consequential damages which occur as the result of its inability to produce such documents by reason of the casualty, destruction or loss of documents held by Artisan unless such casualty, destruction or loss shall be the result of the intentional and wrongful act or the gross negligence of Artisan.

9. If the project is suspended or abandoned, in whole or in part, for a period of sixty (60) days or more, or upon instruction by Client to Artisan to suspend activity on the project, Artisan shall be compensated for all services performed together with all reimbursable expenses due and the contract shall be deemed terminated. If the project is resumed after such suspension the Agreement between Client and Artisan shall be re-negotiated prior to resumption of work by Artisan For purposes of this Agreement, the term "suspension" or "abandonment" shall mean substantial discontinuance of labor, work, services, and furnishings for a sixty- (60) day period or written instruction by Client to suspend substantially all project activities.

10. If any provision of this Agreement is for any reason held invalid or unenforceable, such provision shall be deemed separate and shall not affect the validity of the remaining portions thereof.

11. In the event of a default of any provision of this Agreement, after ten (10) days notice to cure is delivered, this Contract shall be deemed terminated by the non-defaulting party by reason of default. For purpose hereof, any failure to pay sums due under Paragraph 2, above, for a period of ninety- (90) days shall be deemed justifiable grounds for declaration of default. Moreover, Artisan Skateparks, Inc. failure to substantially perform under this Agreement shall be

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deemed justifiable grounds for declaration of default. In addition, either party may terminate this agreement with or without cause upon thirty- (30) days written notice by either party.

12. Laws of the State of Maine shall control any proceedings arising in the transaction described herein, without regard to conflict of law rules. Except as otherwise expressly agreed by the parties in writing, the exclusive venue for any civil action arising under this Agreement shall be in Maine Superior Court (Cumberland County).

13. In the event legal action is brought by the Client or Artisan against the other to enforce any of the obligations hereunder or arising out of the dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court.

14. Artisan shall purchase from and maintain in a company or companies lawfully authorized to do business in Maine such insurance as will protect Artisan from claims set forth below which may arise out of or result from Artisan’s operations under this Agreement and for which Artisan may be legally liable, whether such operations be by Artisan or by a subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Artisan shall obtain and maintain throughout the term of this Agreement, at no expense to the Client, the following insurance coverages written for not less than the following limits, or greater if required by law:

(a) Commercial General Liability Insurance, including products and completed operations liability in the amount of not less than One Million Dollars ($1,000,000.00) per occurrence and not less than Two Million Dollars ($2,000,000.00) annual aggregate, to protect Artisan, any subcontractor performing work covered by this Agreement, and the Client from claims and damages that may arise from operations under this Agreement, whether such operations be by Contractor or by a subcontractor or by anyone directly or indirectly employed by them.

(b) Automobile Liability Insurance (owned, non-owned and hired vehicles) for bodily injury and property damage in at least the amount of One Million Dollars ($1,000,000) each accident.

(c) Workers’ Compensation Insurance in such amount as required by Maine law and Employer’s Liability Insurance, as necessary, as required by Maine law. In case any class of employees engaged in hazardous work under this Agreement is not protected under the Worker’s Compensation Act, Artisan shall, at its own expense, provide for the protection of its employees not otherwise protected.

(d) Professional Liability Insurance (Errors and Omissions) in the amount of at least One Million Dollars ($1,000,000). The Commercial General Liability and Automobile Liability insurance policies shall name the Client and its officers, agents and employees as additional insureds, and for purposes of workers’ compensation insurance, Artisan shall provide a written waiver of subrogation rights against the Client. Artisan, prior to commencement of work under this Agreement shall deliver to the Client certificates evidencing such insurance coverages, which certificates shall state that Artisan must provide written notice to the Client at least thirty (30) days

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prior to cancellation, non-renewal, material modification or expiration of any policies, evidenced by return receipt of United States Certified Mail. Replacement certificates shall be delivered to the Client prior to the effective date of cancellation, termination, material modification or expiration of any such insurance policy. Artisan shall not commence work under this Agreement until it has obtained all insurance coverages required under this subparagraph and such insurance policies have been approved by the Client.

15. This agreement shall be binding upon and inure to the benefit of the parties and their assigns and successors in interest.

16. This agreement supersedes all prior agreements of the parties and shall not be amended except by written agreement signed by each party.

17. Artisan shall not subcontract or assign in total or in part this Agreement or any of its rights or obligations under the terms of this Agreement without the prior written consent of the Client.

18. Artisan shall defend, indemnify and hold harmless the Client, its employees and agents, from and against any and all liabilities, causes of action, judgments, claims, damages, losses and expenses (including, without limitation, reasonable attorneys’ fees) for personal injury (including death) or property damage arising out of, or in consequence of, any negligent or intentional act or omission of Artisan, its employees, agents or subcontractors, and shall further indemnify the Client for any claim against the Client alleging any infringement upon any patent, trademark, copyright, trade secret or other intellectual property right.

19. Artisan, its officers, agents and employees, during the performance of this Agreement, shall act as an independent contractor and not as officers, employees or agents of the Client. Artisan, its officers, agents and employees, during the performance of this Agreement, shall not hold itself or themselves out as employees of the Client. Any personnel needed to fulfill the obligations of this Agreement shall be employed by Artisan (either as employees or independent contractors), and Artisan shall be solely responsible for complying with all applicable state and federal laws, including, but not limited to, worker’s compensation and minimum wage laws. As an independent contractor, Artisan is also responsible for maintaining its equipment in a safe, operable and legal condition and providing for a safe work environment at the Property.

20. The Client shall have the option, in its sole discretion, to terminate this Agreement, at any time during the term hereof, for convenience and without cause. The Client shall exercise this option by giving Artisan written notice of termination, in which case the Client shall pay Artisan for all work satisfactorily performed prior to such termination. The notice shall specify the date on which termination shall become effective.

21. Upon written notification from Artisan that the Work is complete, the Client shall have fifteen (15) business days in which it may inspect the Work, identify any portion or feature of the same that deviates from the requirements of the Agreement, and notify Artisan of any such deviation. Artisan shall have five (5) business days from its receipt of such notification in which to correct any such deviation and shall provide the Client with written notification that such correction is complete. The Client may inspect the Work after Artisan has corrected such deviations. If the Client has not notified Artisan of conditions that deviate from the requirements of the Agreement within fifteen (15)

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business days after the Client’s receipt of written notice from Artisan that the Work is complete or has been corrected, the Work will be deemed accepted by the Client.

22. Artisan and its subcontractors and suppliers shall comply with all applicable laws, ordinances, rules, regulations and orders of any governmental authority, including without limitation all occupational health and safety requirements, and will obtain at its expense all permits and licenses pertaining to its obligations under the Agreement. Artisan agrees to indemnify and save the Client harmless from and against any liability, fines, penalties, costs, and damages, including reasonable attorneys’ fees, to the extent caused by any failure of Artisan, its subcontractors or its suppliers to comply with this provision.

23. Artisan shall not file or permit to be filed or claimed any lien with respect to the work under this Agreement and hereby expressly waives any right to file or cause to be filed a lien. Artisan, in its subcontracts and in its agreements to obtain materials, equipment, supplies or services in connection with the Agreement, shall require all subcontractors and suppliers of materials, equipment, supplies or services to expressly waive the right to file any liens against the Client’s property and, if requested, provide the Client with copies of such waivers. Artisan shall indemnify the Client for any damages, claims, costs or expenses (including, but not limited to, attorneys’ fees) resulting from assertion of a lien with respect to work under the Agreement or any breach of this section.

GORHAM SKATE PARK PROJECT Acceptance If this proposal meets with your approval, please sign and return to our office. When accepted, this proposal will serve as a mutual commitment between Artisan Skateparks, Inc. and the Client for the above outlined services and fees. Work will be scheduled upon receipt of signed agreement. By signing below you are accepting the terms and condition listed above. Artisan Concrete Services Date: By: __________________________ Andy Duck, President

Artisan Skateparks, Inc. Date: ________________ By: ___________________________

Authorized Representative Town of Gorham, ME

Nicole Licari Robertson

11.17.21

Gorham Skate Park Proposal REVISED

Documents

Transcript of Gorham Skate Park Proposal REVISED