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HomeMy WebLinkAbout1996-09-25 96-379 ORDER- COUNCIL ACTION - - Item No. 96-379 Date September. 25. 1996 Item/Subject; Authorizing Execution of Snowmobile Trail Use Permit -- Paul Bunyan Snowmobile Club Responsible Department: Legal In 1995 the City Council authorized the execution of a Snowmobile Trail Use Permit for the Paul Bunyan Snowmobile Club to have a snowmobile trail on City property (Council Order '96-21)... The Club Auld like to continue to maintain and use the trail. The attached Order would authorize execution of another agreement which is identical to the first except that the expiration date is .lune 30, 1999. The Finance Committee recommends approval. UDrHeM Ma""n��a""g''ar's Comments: 1004 Aa'b11MM�Q City /City a Manager Associated Information:. Snowmobile Trail Use Permit Finance Director Legal Approval: N/d VLA+ City Solicitor Introduced For Passage First Reading Referral Page 1 of 7 96-3)9 A fined to CwncOm Leen September 25, 1996 CITY OF BANGOR (IML) Mrbtr, Authorizing Execution of Snowmobile Trail Use Permit Paul Banyan Snowmobile Cluki. BY am; Owes OMMOR Of Me city of ft�., ORDEMv TAT the City Manager is hereby authorized, on behalf of the City of Bangor, to execute a Snowmobile Trail Use Permit. A copy of said Permit is attached to this Order and is incorporated herein. by reference. 96-379 0R DCR 'Title, Authorizing Execution of s Snowmobile Trail Permit Use Permit Paul Bunyan Srr mobile Club N/Amoihnumd two .............. Councilmen 96-319 SNWOIBBILB TRAIL USE PERMIT AGREEMENT made this day of , 1996 by and between: The CITY OF BANGOR, a body politic and Corporate duly organized and existing under and by virtue of the State of Maine and located in Penobscot County, Maine (hereinafter sometimes referred to as "Permitter -1 7 u PAUL BUNYAN SNOWMOBILE CLUB, a non-profit organization duly authorized and existing under the laws of the State of Baine and located in Bangor, Penobscot County, Maine (hereinafter sometimes referred to as •Permittee^) W I T N E S S E T B• wMEREAS, the Permitter is the owner of certain property located in the City of Bangor, County of Penobscot, State of Maine; and wMBREAS, the Permittee desires to use property of the City of Bangor to establish and maintain a snowmobile route, NOW, THEREFORE, the parties hereto do mutually agree as follows; ARTICLE I PREMISES The Permitter, in consideration for the obligations to be performed by Permittee as hereinafter provided, does hereby permit Permittee, subject to the conditions hereinafter expressed, to establish and maintain a snowmobile route on property of .Permitter, as approved by the City Manager or his designee(s). ARTICLE II TERM Unless earlier renewed, terminated or surrendered, this Agreement shall .remain in effect for aterm commencing on duly 1, 1996 and ending on June 30, 1999. ARTICLE III TERMINATION 96-379 It is covenanted and agreed that this Agreement shall immediately terminate upon the sale of the land, or any portion thereof, that the snowmobile route runs on and through. It is further covenanted and agreed that the Permittor may upon thirty (30) days notice terminate this Agreement. It is further covenanteil andagreed that the Permitter may immediately terminate this Agreement upon any breach of this Agreement or if any member or guest of Permittee using the snowmobile route 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 a snowmobile route. Said snowmobile route shall be open and available to the general public for snowmobile purposes. The Permittor, its agents or employee shall at all times have the right to enter upon said snowmobile route. Permittee, is prohibited from cutting any tree that is greater than 1 1/2 inches in diameter without the expressed consent of Permittor. Permittee, is prohibited from changing, in any way, the topography of the premises without first obtaining the written consent of the Permittor. Permittee shall not ss occupy or maintain the premises in any manner so as to knowinglyviolateany law or regulation of any duly constituted governmental authority. Permittee may use all -terrain vehicles or wheeled vehicles on the premises for the purpose of establishing or maintaining the snowmobile route. Permittee shall make no future claims of adverse possession and/or prescriptive use by the Permittee of the premises. . At the expiration of the tam of this Permit, Permittee shall remove all markers, signs and any other objects marking the snowmobile trail. Users of the snowmobile route shall at all times remain on said route and shall not operate snowmobiles on property of Permittor off the snowmobile route. Permittee agrees that Permittor, its agents or employee shall not be responsible for any injury or damage to persons or equipment using the snowmobile route. -2- 96-379 Permittee shall establish and maintain that portion of the snowmobile mute that is located in the Permittor's golf course at such times as determined by the City of Bangor Director of Parks and Recreation or Golf Pro -Superintendent. Permittee shall be responsible for making access through the fence located at Bass Park in such a manner, under such terms and conditions and at such a location as shall be determined by the Manager, Bass Park Complex. 1.1.'Ye444 t INSURANCE Permittee shall obtain and provide evidence to Permittor 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's liability insurance policies shall name the Permittor as the primary named insured and shall be written as primary coverage insurance for all claims arising out of Pernittee's use and occupancy of the premises. Permittee will be deemed to have complied with this Article V if it obtains insurance coverage through the State of Maine Snowmobile Trail Liability Insurance Program. ARTICLE VI INDEMNIFICATION To the fullest extent permitted by law, Permittee shall indemnify and save harmless the Permittor and Permittor's employees and agents from and against any and all claims by or in behalf of any person(s), firm(s) or comoration(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 Pprmittee's use of the premises. For this Pormittee hereby expressly waivesd all i i f i d t 't otherwise d h N k C A t f 1992 35-A MRSA S 1 Th M Ch i bl i 't tatute. 14 MRSA to 158 and 159-A• or other oroyisions of law. - To the fullest extent permitted by law, Permittee shall indemnify and save harmless the Permittor, and Permittors' 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 their use of the premises. ARTICLE VII NONDISCRIMINATION In the use and Occupancy of the premises, Permittee shall not in any manner discriminate or permit discrimination against any -3- 96-3)9 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. ARTICLE VIII CONSTRUCTION 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 either this Agreement nor any acts of the parties shall be deemed to create any relationship between the parties other than Permitter and Permittee. ARTICLE I% INVALIDITY OF PARTICULAR PROVISIONS 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 AGREEMENT 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 be sought. ARTICLE 8I WAIVER Failure on the part of the Permittor to complain of any action or non -action on the part of the Permittee no matter how long the same may continue, shall not be deemed to be a waiver by the Permittor of any of the Permittee's rights under this Agreement. Further, no waiver at any time of any provisions of this Agreement shall be construed at any subsequent time as a waiver of the same provisions. The consent or approval of Permitter to or of any action by the Permittee requiring the Permittor's consent or approval shall not be deemed to waive or render unnecessary the Permittor's consent or approval to or of any subsequent similar act by the Permittee. -4- ARTICLE XII GOVERNING LAW 96-379 This Agreement shall be governed exclusively by the provisions hereof and by the laws of the State of Naine, as the same may from time to time exist. ARTICLE XIII NOTICES Notices to Permitter provided for in this Agreement shall be sufficient if sent by certified mail, postage prepaid, addressed - tov Director of Parks B Recreation, City of Bangor, 647 Main Street, Bangor, Maine 04401; and notices to Permittee shall be sufficient if sent by certified mail, postage prepaid, addressed to; Paul Bunyan Snowmobile Club, 1862 Union Street, Bangor, Maine 04401, or to such other respective addresses as the parties may designate to each other in writing from time to time. ARTICLE XIV AUTHORITY TO ENTER INTO AGREEMENT The parties hereby represent and warrant that they have taken all necessary, procedural and legal steps as required under all state, local and Federal laws and regulations for the purpose of authorising the execution of this Agreement, and that execution of this Agreement by Edward A. Barrett, City of Bangor City Manager, and Doris R. Ring, President of the Paul Bunyan Snowmobile Club, respectively, renders this Agreement a valid and binding document on their respective parts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first written above. CITY OF BANGOR (BY) Witness Edward A. Barrett City Manager PAUL RUNYAN SNOWMOBILE CLUB Witness (BY)DorisR. Ring, President M�