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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, February 28, 2011 <br />7:00 o'clock p.m. <br />_____________________________________________________________________________________ <br />  <br />  Page 12 of 13   <br />   <br />(10. MAINTENANCE AGREEMENT, Continued) <br /> <br />Kellogg indicated the City could look at bidding a maintenance agreement as an alternate and an <br />irrigation system as an alternate and the City could pick which one they would like to go with. <br /> <br />Bremer stated the City does not want two parties maintaining the median and the roundabouts since that <br />could result in each party blaming the other for any damage that may occur. Bremer stated an “if” clause <br />could be included in the agreement to cover a maintenance agreement similar to the irrigation clause. <br /> <br />Mattick indicated he could include language that the School District is responsible for replacing the <br />landscaping except for those items covered under the contractor's warranty agreement. <br /> <br />McMillan stated it is important that the City specify the ownership and ongoing maintenance of the <br />roadway, median, trees, landscaping, and roundabouts. <br /> <br />Bremer commented the City has to make sure the word ownership is not used in the agreement so it is not <br />misconstrued. Bremer stated in her opinion the yearly meeting is paramount to ensuring that the <br />agreement is followed and that the lines of communication remain open. The City is ultimately the owner <br />of the roadway and median. <br /> <br />Printup asked whether the City would then have to replace the landscaping. <br /> <br />Bremer stated the City could require replacement of like, kind and quality by the School District. <br /> <br />Franchot commented the City could retain authority over what is planted as replacement. <br /> <br />Printup stated he does not want the City to be held responsible for replacement ten years from now. <br /> <br />Bremer commented that amendment provisions are paramount because there will always be unknowns no <br />matter how well drafted the agreement is. Bremer suggested the City Engineer give some thought to what <br />else should be included in the agreement as it relates to landscaping. <br /> <br />Mattick asked if there was anything else that Council Member Bremer would like to have included in 3A. <br /> <br />Bremer recommended that anything the City is responsible for should be spelled out, and that language <br />should be incorporated into the agreement stating that anything else not defined in 3A would be the <br />responsibility of the school. <br /> <br />Printup noted as it relates to Item No. 3, it states the City shall be responsible for all railing and <br />hardscape. Printup commented he does not want to have something installed that will rust and have to be <br />replaced every 10 years. <br /> <br />Mattick noted the hardscape and railing will be the City’s responsibility with the exception of the <br />irrigation system. <br /> <br />Bremer stated the Council will need to know exactly what is included in A and that quality products <br />should be used, but until the bids are received, the City will not know what that will be. <br /> <br />McMillan commented the landscaping will also hopefully cut down on the need for railing. <br />Item #02 - CC Agenda - 03/14/2011 <br />Approval of Council Minutes 02/28/2011 [Page 12 of 13]