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Home My WebLink About1996-06-10 96-253 RESOLVECOUNCIL ACTION Item No. 96-253 Date June 10. 1996 Item/Subject, Authorizing Execution of Recreational Trail Use Permit Agreement Responsible Department: Legal Commentary: Paul Lagrange of Bangor would like to establish and maintain a recreational trail for the use of hiking, horseback riding and snowmobiling on City property, adjacent to the Air National Guard's leased portion of Bangor International Airport, at the end of Downing Road. The attached Council Resolve would authorize the City Manager toe cute a agreement with Mr. LaGrange to establish and maintain the proposed trail. A location sketch is attached to the proposed agreement. This item was reviewed by the Municipal Operations Committee on May 21, 1996. At that time, the Committee recommended approval, subject to Council approval and execution of asuitable agreement. De — ent Heatl VU Manager's Commont6o: f, ,p' yam t rw� a.a�m.a�pp++ww��+m �.f4 Tu Pauli 8w�+n'f 4 Jmaw..wHlr tPvkuloP.w opya ux9t I,UI ulhrartim'kc City Manager TN b£PM �iFW OoST(AOfD Associated Information, Resolve, Agreement Budget Approval: Legal Approval, Finance Director City S ( V'l 'ilol'citor Intxrotl For Passage Reading Referral page of Assigned to CounC3lor leen June 10, 1996 96-353 CITY OF BANGOR (TITLE.) gBSBIUe Authorizing Execution of Recreational Trail Use ._............_......................................_.._........._........._...._..._..._..._..._.._....... .............Permit Agreement By de City Council Ode ME ofBanyer: BBBOLVBB, The City manager is hereby authorized on behalf of the City of Bangor, to execute a Recreational Trail Use Permit Agreement between the City and Paul LaGrange, for USO Of City property to establish and maintain a recreational trail for hiking, horseback riding and snowmobiling. IN CITY COUNCIL June 10, 1996 Moved to Referrals Referred to Municipal Operations C ittee CITY CLRRR IN CITY COUNCIL December 9, 1996 Indefinite Postponed C CITY CLURK 96-353 EES0LVE Autdo[izin Execution of Recreational T[ai Use Pe[m t eat f / E /9 IM 11 �F ( � 96-253 This AGREEMENT made this day of June, 1996 by and between: The CITY OF BANGOR, a body politic and corporate duly organized and existing under and by virtue of the laws of the State of Maine and located in Penobscot County, Maine (hereinafter sometimes referred to as "Bangor") and PAUL LAGRANGE, of Bangor, Penobscot County, State of Maine (hereinafter sometimes referred to as "Permittee") W I T N E 5 5 E T H: WHEREAS, Bangor is the owner of certain property located in the City of Bangor, County of Penobscot, State of Maine; and WHEREAS, the Permittee desires to -u use property of the City of Bangor to establish and maintain a recreational trail for hiking, horseback riding and snowmobiling; NOW, THEREFORE, the parties mutually agree as follows: ARTICLE I PREMISES The City of Bangor, in consideration of the obligations to be performed by Permittee as hereinafter provided, hereby grants to the Permittee, subject to the conditions hereinafter expressed, a license and permit to establish and maintain a recreational trail on property of City of Bangor, in the location shown in Exhibit "A" attached hereto. ARTICLE II TERM Unless earlier renewed, terminated o surrendered, this Agreement shall remain in effect for a two-year term commencing on June 1, 1996 and ending June 1, 1998. ARTICLE III TERMINATION 96-253 This Agreement shall immediately terminate upon any transfer of the land, or any portion thereof, underlying the trail location shown in Exhibit A. Bangor may also terminate this Agreement, in Bangor's sole discretion, upon thirty (30) days prior notice in writing to the Permittee. Bangor may immediately terminate this Agreement upon any breach of this Agreement or if Permittee or any guest of Permittee using the trail violates any law or regulation of any duly constituted governmental authority. ARTICLE IV USE, OCCUPANCY, AND IMPROVEMENTS of PREMISES' Permittee shall use the premises herein only for the purpose of constructing, maintaining and using a bridle path, hiking trail and snowmobile route. Said trail shall be open and available to the general public for these purposes. The Permittee shall at all reasonable times have the right to enter upon the trail with necessary vehicles and equipment for trail maintenance purposes. Other than for purposes of initial construction and trail maintenance, use of the trail or any portion thereof by motorized vehicles other than snowmobiles is prohibited. Snowmobile use is prohibited between April let and October 31st inclusive, and whenever snow conditions are inadequate to provide sufficient snow cover (at least 3" base) on all portions of the trail. In constructing, maintaining and using the trail, Permittee shall not interfere in any manner with haying or woodcutting operations by abutting property owners holding haying or woodcutting rights from the City of Bangor. In maintaining and using the trail, Permittee shall not waste, injure or damage, and shall take affirmative steps to prevent Permittees's employees, agents and invitees from wasting, injuring or damaging any crop of hay, or standing trees in excess of 1-1/2 inches in diameter, growing upon Bangor's land adjacent to the trail, or upon adjacent privately -owned land. Permittee, shall not cut, damage or destroy any tree that is greater than 1-1/2 inches in diameter without the prior written consent of the City of Bangor. Permittee, shall not alter, in any way, the topography of the premises without first obtaining Bangor's written consent. Permittee shall not use, occupy or maintain the premises in any manner so as to knowingly violate any law or regulation of any duly constituted governmental authority. Permittee shall make no future claims of adverse possession -2- 96-253 and/or prescriptive use by the Permittee of the premises. At the expiration of the term of this Permit, unless renewed by the parties or their successors, Permittee shall remove all markers, signs and any other objects marking the trail. Users of the trail shall at all times remain on said route and shall not hike, ride horses or operate snowmobiles on property of City of Bangor off of the trail route. City of Bangor, its agents or employees, shall not be responsible for any injury or damage to persona or equipment using the trail. ARTICLE V INSURANCE Permittee shall obtain and provide evidence to Bangor of general liability insurance coverage in a minimum amount of $300,000.00 per claim covering all liability claims arising out of the Permittee's use of the premises. Permittee'e liability insurance policies shall name Bangor as an additional insured and shall be written as primary coverage insurance for all claims arising out of Beroot tree's use and occupancy of the premises. ARTICLE VI INDEMNIFICATION To the fullest extent permitted by law, Permittee shall indemnify and save harmless City of Bangor and Bangor's employees and agents from and against any and all claims by or in behalf of any person(s), firm(s) or corporation(s) arising from the use or occupancy of the premises by Permittee or by Permittee's agents employees, members, invitees or any of them, including all claims by or in behalf of Permittee's employees Or agents for Permittee's e of the premises. For this purpose, Permittee hereby expressly waives any and all immunity from udwent or suit it may otherwise eniov under the Maine Workers' Compensation Act of 1992 35-A MRSA 4 101 at seg' the Maine charitable immunity statute 14 MRSA fR 158 and 159-A• or other provisions of law. ARTICLE VII NONDISCRIMINATION In the use and occupancy of the premises, Permittee shall not in any manner discriminate or permit discrimination against any person or group of persons on the grounds of race, sex, age, religion, color, national origin, or physical or mental handicap, or in any other manner prohibited by law. -3- ARTICLE VIII CONSTRUCTION 96-253 The headings appearing in this Agreement are intended for convenience and reference only, and are not to be considered in construing this Agreement. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relation- ship of principal and agent or of partnership or joint venture between the parties hereto, it being understood and agreed that neither this Agreement nor any acts of the parties shall be deemed to create any relationship between the parties other than Bangor and Permittee. ARTICLE IX = INVAIgIDITY OF PARTICULAR VISION$ If any term or provision Of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each other term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. ARTICLE X AMENDMENTS TO AGREENENT This Agreement contains all terms and conditions between the parties hereto and no alteration, amendment or addition thereto shall be valid unless in writing and signed by the party against whom enforcement may besought. ARTICLE XI WAIVER Failure on the part of Bangor to complain of any action o non -action on the part of the Permittee no matter how long the same may continue, shall not be deemed to be ar by Bangor of any of the Permittee's rights under this Agreement. Further, no waiver at any time of any provisions of this Agreement shall benstrued at any subsequent time awaiver of the same provisions. The consent or approval of Bangor to 0 of any action by the Permittee requiring Bangor's consent or approval shall not be deemed to waive or render unnecessary Bangor's consent or approval to or of any subsequent similar act by the Permittee. ARTICLE XII GOVERNING LAW This Agreement shall be governed exclusively by the -4- 96-253 provisions hereof and by the laws of the State of Maine, as the same may from time to time exist. ARTICLE XIII NOTICES Notices to Bangor provided for in this Agreement shall be sufficient if sent by certified mail, postage prepaid, addressed to: City Manager, City of Bangor, 93 Harlow Street, Bangor, Maine 04401; and notices to Permittee shall be sufficient if sent by certified mail, postage prepaid, addressed to: Paul LaGrange, 1556 Union Street, Bangor, Maine 04401. ARTICLE XIy CONSENT BY McANG The Maine Air National Guard ("Guard") joins n this permit for the purpose of consenting enting to the trail location shown in Exhibit "A" within the area presently leased by the Guard from the City of Bangor. IN WITNESS WHEREOF, the parties hereto have executed or caused this Agreement to be executed on the day and year first written above. CITY OF BANGOR (BY) Witness Edward A. Barrett City Manager (BY) Witness Paul Lagrange MAINE AIR NATIONAL GUARD (BY) Witness A,6 T ti 1 �aG 4� as �l it Z m I LAND OF GHAPi{ % W. ICITY OFI6ANG02 W Nb OF 96-253 or AND OF fSAN OAN GOIZ EDWIN L. II LOI-5LAPS $K1.IRIT( FEHGE GOH�STRLLLTED AIR NGUAKD ------------- / jl5 Ise e e